chapter-65•Chapter 65 — Public Health
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
Article 1 Secretary of Health and Environment, Activities
§ 65-101 Health supervision; investigation of causes of disease, sickness and death; sanitation inspections; prevention of spread of disease; outreach services; rules and regulations; injunction; revocation by legislature or legislative coordinating council of certain orders; civil action for relief from certain orders
(a) The secretary of health and environment shall exercise general supervision of the health of the people of the state and may:
(1) Where authorized by any other statute, require reports from appropriate persons relating to the health of the people of the state, so that a determination of the causes of sickness and death among the people of the state may be made through the use of these reports and other records;
(2) investigate the causes of disease, including especially, epidemics and endemics, the causes of mortality and effects of locality, employments, conditions, food, water supply, habits and other circumstances affecting the health of the people of this state and the causes of sickness and death;
(3) advise other offices and agencies of government concerning location, drainage, water supply, disposal of excreta and heating and ventilation of public buildings;
(4) make sanitary inspection and survey of such places and localities as the secretary deems advisable;
(5) take action to prevent the introduction of infectious or contagious disease into this state and the spread of infectious or contagious disease within this state. If such action is intended to exclude, isolate, quarantine or otherwise restrict movement of people within the state, then such action shall not be taken without probable cause, supported by oath or affirmation; and
(6) provide public health outreach services to the people of the state, including educational and other activities designed to increase the individual's awareness and appropriate use of public and other preventive health services.
(b) The secretary of health and environment may adopt rules and regulations necessary to carry out the provisions of subsection (a). In addition to other remedies provided by law, the secretary is authorized to apply to the district court, and such court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction to compel compliance with such rules and regulations.
(c) In the event of a state of disaster emergency declared by the governor pursuant to K.S.A. 48-924, and amendments thereto, or a state of local disaster emergency declared pursuant to K.S.A. 48-932, and amendments thereto, the legislature may revoke an order issued by the secretary to take action related to such disaster emergency as provided in this subsection. Such order may be revoked at any time by concurrent resolution of the legislature or, when the legislature is not in session or is adjourned during session for three or more days, such order may be revoked by the legislative coordinating council with the affirmative vote of five members thereof.
(d) Any party aggrieved by an action taken pursuant to K.S.A. 65-101 through 65-129f, and amendments thereto, may file a civil action in the district court of the county where the order was issued within 30 days after such order is issued. A request for a hearing shall not stay or enjoin an isolation or quarantine order. The court shall conduct a hearing within 72 hours after receipt of a petition in any such action. The court shall grant the request for relief unless the court finds that such order is narrowly tailored to the purpose stated in the order and uses the least restrictive means to achieve such purpose.
History: L. 1885, ch. 129, § 4; L. 1907, ch. 379, § 1; R.S. 1923, 65-101; L. 1974, ch. 352, § 1; L. 1981, ch. 240, § 1; L. 1989, ch. 184, § 1; L. 2021, ch. 7, § 11; L. 2025, ch. 115, § 1; July 1.
§ 65-102 Registration of vital statistics and diseases; forms
The secretary of health and environment shall supervise the registration of marriages, births and deaths, and also the registration of forms of disease prevalent in the state; and the director of the division of public health shall superintend the registration of the vital statistics of the state. The secretary of health and environment shall prepare the blank forms necessary for obtaining and preserving such records, and forward them to the health officers of local boards as may be required by physicians, appraisers, local boards and others whose duty it is to gather information in relation to the vital statistics of the state.
History: L. 1885, ch. 129, § 5; R.S. 1923, 65-102; L. 1974, ch. 352, § 2; L. 1979, ch. 188, § 1; L. 2013, ch. 59, § 1; July 1.
§ 65-102a Materials relating to environmental concerns; public inspection; copies, fee, approval; disposition of moneys
All correspondence, written materials or other documents relating to environmental concerns, for which public release of such information is not prohibited, shall be available for public inspection in the offices of the secretary of health and environment during regular office hours. Copies of such correspondence, written materials or other documents shall be made available upon request and payment of a fee for each page so provided in an amount fixed by the secretary of health and environment and approved by the director of accounts and reports under K.S.A. 45-204, and amendments thereto, except that no charge shall be made to any member of the legislature obtaining such copies for his or her official use and no charge shall be made for fact sheets and other materials required by federal law or regulation to be supplied to the public. The secretary shall remit all moneys received from such fees to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1973, ch. 240, § 1; L. 1975, ch. 462, § 69; L. 1978, ch. 347, § 9; L. 2001, ch. 5, § 208; July 1.
§ 65-102b Confidentiality of information concerning noninfectious diseases; disclosure
Information concerning noninfectious diseases obtained by the secretary under K.S.A. 65-102 is confidential and shall not be disclosed except as provided in this section. The secretary may disclose information concerning noninfectious diseases obtained under K.S.A. 65-102: (a) Upon the consent, in writing, of the person who is the subject of the information, or if such person is under 18 years of age, by such person's parent or guardian; or (b) upon the request of an organization or scholarly investigator for legitimate research or data collection purposes so long as such information is disclosed in a manner which will not reveal the identity of the persons who are the subject of the information.
History: L. 1982, ch. 252, § 1; July 1.
§ 65-103 Special sanitary service
The secretary of health and environment shall when he thinks best to do so appoint committees, or engage suitable persons to render special sanitary service, to make or supervise practical or scientific investigations and examinations requiring expert skill, and to prepare plans and report thereon. It is hereby made the duty of all officers and agents having the control, charge or custody of any public structure, work, ground or erection, or any plan, description, outline drawings, charts thereof or relating thereto, made, kept or controlled under any public authority, to permit and facilitate any examination and inspection ordered by said secretary, and such other officer or person as may at any time be by said secretary authorized, may without fee or hindrance enter, examine and survey all grounds, erections, vehicles, structures, apartments, buildings, and places; but the legislature shall first determine the amount which shall be expended during the year for such special sanitary work, and the expenditures shall not exceed the amount thus determined and set apart for the year.
History: L. 1885, ch. 129, § 6; R.S. 1923, 65-103; L. 1974, ch. 352, § 3; July 1.
§ 65-103a Authority to receive federal or other funds
The secretary of health and environment is hereby authorized to receive grants of money and funds appropriated under any federal act or from any other source.
History: L. 1943, ch. 267, § 1; L. 1970, ch. 245, § 1; L. 1974, ch. 352, § 4; July 1.
§ 65-103b Federal title X funding priorities for family planning services
(a) As used in this section:
(1) "Federally qualified health center" means the same as defined in K.S.A. 65-1669, and amendments thereto; and
(2) "hospital" means the same as defined in K.S.A.
65-425, and amendments thereto.
(b) Any expenditures or grants of money by the division of public health of the Kansas department of health and environment for family planning services financed in whole or in part from federal title X moneys shall be made subject to the following priorities:
(1) To public entities, including state, county and local health departments and health clinics; and
(2) if any moneys remain, to non-public entities which are hospitals or federally qualified health centers that provide comprehensive primary and preventative care in addition to family planning services.
History: L. 2016, ch. 80, § 1; July 1.
§ 65-104 Repealed
History: L. 1893, ch. 74, § 1; R.S. 1923, 65-104; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-105 Repealed
History: L. 1909, ch. 227, § 1; R. S. 1923, 65-105; Repealed, L. 1953, ch. 283, § 7; July 1.
§§ 65-106 through 65-116 Repealed
History: L. 1909, ch. 227, §§ 2 to 12; R.S. 1923, 65-106 to 65-116; Repealed, L. 1953, ch. 283, § 7; July 1.
§ 65-116a Definitions
As used in K.S.A. 65-116a through K.S.A. 65-129f, and amendments thereto:
(a) "Blood" means human blood, human blood components and products made from human blood.
(b) "Health officer" means the secretary of health and environment or the secretary's designee and all local health officers.
(c) "Infectious and contagious diseases" means those diseases so designated by the secretary of health and environment pursuant to K.S.A. 65-128, and amendments thereto.
(d) "Occupational exposure" means skin, eye, mucous membrane or parenteral contact with blood or other potentially infectious materials that might result from the performance of an employee's duties.
(e) "Other potentially infectious materials" means: (1) The human body fluids including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; (2) any unfixed tissue or organ (other than intact skin) from a human (living or dead); (3) cell or tissue cultures containing human immunodeficiency virus (HIV), organ cultures, and culture medium or other solutions containing HIV, the hepatitis B virus (HBV), hepatitis C virus (HCV) and blood, organs, or other tissues from experimental animals infected with HIV, HBV or HCV; and (4) other biological materials, as designated by the secretary of health and environment, capable of transmitting an infectious or contagious disease-causing agent from one person to another.
(f) "Tuberculosis" means a latent infection or active disease caused by the bacterium, mycobacterium tuberculosis.
History: L. 1957, ch. 467, § 1; L. 1974, ch. 352, § 5; L. 1975, ch. 311, § 1; L. 1980, ch. 182, § 18; L. 2013, ch. 112, § 1; July 1.
§ 65-116b Tuberculosis suspects; order by health officer; scope of examination; care and treatment
When any health officer shall have reasonable grounds to believe that any person has tuberculosis in a communicable form and will not voluntarily seek a medical examination, it shall be the duty of such health officer to order such person, either orally or in writing, to undergo an examination by a physician qualified in chest diseases, or at some clinic or medical care facility qualified to make such examinations. It shall be the duty of such suspected person to present himself or herself for examination at such time and place as ordered by the health officer. The examination shall include an x-ray of the chest, examination of sputum, and such other forms and types of examinations as shall be approved by the secretary of health and environment.
If, upon examination, it shall be determined that such person has tuberculosis in an active stage or in a communicable form, then it shall be the duty of such tuberculous person to arrange for admission of himself or herself as a patient in some medical care facility qualified to treat persons with tuberculosis or when there is no danger to the public or to other individuals as determined by the health officer, such person may receive treatment on an outpatient basis.
History: L. 1957, ch. 467, § 2; L. 1974, ch. 352, § 6; L. 1975, ch. 311, § 2; October 1.
§ 65-116c Precautions to prevent spread of infection, when; investigations
Whenever it has been determined that any person has tuberculosis in an active stage or in a communicable form, and such person is not immediately admitted as a patient in any medical care facility qualified to treat persons with tuberculosis, it shall be the duty of the health officer to instruct such person as to the precautions necessary to be taken to protect the members of such person's household or the community from becoming infected with tuberculosis communicated by such person, and it shall be the duty of such tuberculous person to conduct himself or herself in such a manner as not to expose members of his or her family or household, or any other person with whom he or she may be associated to danger of infection, and said health officer shall investigate from time to time for the purpose of seeing if said instructions are being carried out in a reasonable and acceptable manner.
History: L. 1957, ch. 467, § 3; L. 1975, ch. 311, § 3; October 1.
§ 65-116d Failure to do required acts; proceedings by county attorney
Whenever any person shall fail to do any of the following enumerated acts, the health officer shall file a written notice of such failure with the county or district attorney of the county where such person resides, and said county or district attorney shall institute proceedings to enforce the intent and provisions of this act:
(a) Fail or refuse to present himself or herself to any private physician qualified in chest diseases, or at some clinic, or medical care facility qualified to make such examinations, at such time and place as ordered by the health officer.
(b) Fail or refuse to follow the instructions of the health officer or private physicians qualified in chest diseases or qualified clinic or medical care facility as to the precautions necessary to be taken to protect the members of his or her household, or any member of the community, or any other person with whom he or she might be associated from danger of infection by tuberculosis communicated by such person.
History: L. 1957, ch. 467, § 4; L. 1974, ch. 352, § 184; L. 1975, ch. 311, § 4; October 1.
§ 65-116e Commitment to medical care facility; restraint; discharge, when; recommitment
If any person shall be convicted of any of the violations set forth in paragraphs (a) and (b) of K.S.A. 65-116d, or shall enter a plea of guilty thereto when charged with such violations, then such person shall be committed to a medical care facility qualified to treat tuberculosis. Any patient so committed may, by direction of the health officer or tuberculosis consultant of the medical care facility concerned, be placed apart from the others and restrained from leaving the institution. The tuberculosis consultant of the medical care facility concerned, upon signing and placing among the permanent records of the medical care facility a statement to the effect that such person may be discharged without danger to the health or life of others, may discharge the person so committed at any time during the period of commitment. A copy of such statement shall be sent to the state health officer. If necessary, recommitment may be effected in the same manner as original commitment.
History: L. 1957, ch. 467, § 5; L. 1974, ch. 352, § 185; L. 1975, ch. 311, § 5; October 1.
§ 65-116f Repealed
History: L. 1957, ch. 467, § 6; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-116g Penalty for violations of act or regulations
Any person who violates any provision of this act, or any rules or regulations of the secretary of health and environment for the enforcement of this act, or violates any of the rules or regulations of any institution while a patient therein, or conducts himself in a disorderly manner, shall be guilty of a misdemeanor.
History: L. 1957, ch. 467, § 7; L. 1974, ch. 352, § 7; July 1.
§ 65-116h Preservation of individual rights
Nothing in this act shall be construed or operate to empower or authorize the secretary of health and environment or the secretary's designee or a local health officer to restrict in any manner the individual's right to select the mode of treatment of his or her choice.
History: L. 1957, ch. 467, § 8; L. 1980, ch. 182, § 19; July 1.
§ 65-116i Expenses of care, maintenance and treatment; payment from state funds
Except as otherwise provided by K.S.A. 65-116l, and amendments thereto, the expenses incurred in the inpatient care, maintenance and treatment of patients committed under the provisions of K.S.A. 65-116e, and amendments thereto, or of other persons having communicable or infectious tuberculosis who voluntarily agree to accept care and treatment shall be paid from state funds appropriated to the department of health and environment for the purpose of paying medical care facilities and physicians qualified to treat persons infected with tuberculosis.
History: L. 1975, ch. 311, § 6; L. 2014, ch. 115, § 236; L. 2019, ch. 14, § 1; July 1.
§ 65-116j Care, maintenance and treatment; powers and duties of the secretary of health and environment
The secretary of health and environment is hereby granted and may exercise the following powers and duties in providing for the care, maintenance and treatment of persons having communicable or infectious tuberculosis:
(a) To select medical care facilities qualified to treat persons infected with tuberculosis for the purpose of caring for, maintaining and treating patients committed in accordance with the provisions of K.S.A. 65-116e, and amendments thereto, and other persons having communicable or infectious tuberculosis who voluntarily agree to accept care and treatment by a medical care facility on either an inpatient or an outpatient basis;
(b) to inspect the facilities, operations and administration of those medical care facilities receiving financial assistance from the Kansas department for aging and disability services for the purpose of providing care, maintenance or treatment for persons infected with communicable or infectious tuberculosis;
(c) to provide public health nursing services to persons having infectious or communicable tuberculosis who are being treated on an outpatient basis; and
(d) to adopt rules and regulations establishing standards for the hospital admission and discharge, care, treatment and maintenance of persons having communicable or infectious tuberculosis.
History: L. 1975, ch. 311, § 7; L. 2014, ch. 115, § 237; July 1.
§ 65-116k Rules and regulations of the secretary of health and environment; payments for care and treatment
The secretary of health and environment is hereby authorized and directed to adopt rules and regulations establishing reasonable rates and administrative procedures to be followed in making payments to the medical care facilities and physicians providing care and treatment under the provisions of this act. Payments shall only be made directly to medical care facilities and physicians except that this act shall not be deemed to create any rights or causes of action against the state or the secretary of health and environment in such a medical care facility or physician, their heirs or assigns. No payments shall be made for expenses incurred prior to the time the secretary assumes payment responsibility and payments made by the secretary on behalf of an individual eligible for payments under the provisions of this act shall constitute a complete settlement of the claim upon which such payment is based.
History: L. 1975, ch. 311, § 8; L. 2014, ch. 115, § 238; L. 2019, ch. 14, § 2; July 1.
§ 65-116l Use of funds for care, maintenance or treatment; limitations
No funds appropriated to the department of health and environment for the purpose of carrying out the provisions of K.S.A. 65-116i, and amendments thereto, shall be used for meeting the cost of the care, maintenance or treatment of any person who has communicable or infectious tuberculosis by a medical care facility on an inpatient basis to the extent that such cost is covered by insurance or other third party payments, or to the extent that such person or a person who is legally responsible for the support of such person is able to assume the cost of such care, maintenance, treatment or transportation. The secretary of health and environment in determining the ability of a person to assume such costs shall consider the following factors: (a) The age of such person; (b) the number of such person's dependents and their ages and physical condition; (c) the person's length of care, maintenance or treatment, if such person is the person receiving the care, maintenance or treatment; (d) such person's liabilities; (e) such person's assets; and (f) such other factors as the secretary deems important. The secretary of health and environment may adopt rules and regulations necessary to carry out the provisions of this section.
History: L. 1975, ch. 311, § 9; L. 2014, ch. 115, § 239; L. 2019, ch. 14, § 3; July 1.
§ 65-116m Recovery of cost of care, maintenance or treatment from third parties
Where funds appropriated to the department of health and environment have been expended for the purpose of meeting the cost of the care, maintenance or treatment of any person who has communicable or infectious tuberculosis pursuant to the provisions of this act and a third party has a legal obligation to pay such cost to or on behalf of the recipient, the secretary of health and environment may recover the same from the recipient or from the third party and in all respects shall be subrogated to the rights of the recipient in such cases.
History: L. 1975, ch. 311, § 10; L. 2014, ch. 115, § 240; L. 2019, ch. 14, § 4; July 1.
§ 65-117 Repealed
History: L. 1901, ch. 285, § 1; R.S. 1923, 65-117; L. 1957, ch. 332, § 1; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-118 Reporting to local health authority as to infectious or contagious diseases; persons reporting; immunity from liability; confidentiality of information; disclosure
(a) Whenever any person licensed to practice the healing arts or engaged in a postgraduate training program approved by the state board of healing arts, licensed dentist, licensed professional nurse, licensed practical nurse[,] administrator of a hospital, licensed adult care home-administrator, licensed physician assistant, licensed social worker, teacher or school administrator knows or has information indicating that a person is suffering from or has died from a reportable infectious or contagious disease as defined in rules and regulations, such knowledge or information shall be reported immediately to the county or joint board of health or the local health officer, together with the name and address of the person who has or is suspected of having the infectious or contagious disease, or the name and former address of the deceased individual who had or was suspected of having such a disease. In the case of a licensed hospital or adult care home, the administrator may designate an individual to receive and make such reports. The secretary of health and environment shall, through rules and regulations, make provision for the consolidation of reports required to be made under this section when the person required to make the report is working in a licensed hospital or adult care home. Laboratories certified under the federal clinical laboratories improvement act pursuant to 42 code of federal regulations, 493 shall report the results of microbiologic cultures, examinations, immunologic essays for the presence of antigens and antibodies and any other laboratory tests which are indicative of the presence of a reportable infectious or contagious disease to the department of health and environment. The director of the division of public health may use information from death certificates for disease investigation purposes.
(b) Any person who is an individual member of a class of persons designated under subsection (a) of this section and who reports the information required to be reported under such subsection in good faith and without malice to a county or joint board of health, a local health officer or the department of health and environment shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed in an action resulting from such report. Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.
(c) Information required to be reported under subsection (a) of this section shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, beyond the requirements of subsection (a) of this section or subsection (a) of K.S.A. 65-119, and amendments thereto, except such information may be disclosed: (1) If no person can be identified in the information to be disclosed and the disclosure is for statistical purposes;
(2) if all persons who are identifiable in the information to be disclosed consent in writing to its disclosure;
(3) if the disclosure is necessary, and only to the extent necessary, to protect the public health;
(4) if a medical emergency exists and the disclosure is to medical personnel qualified to treat infectious or contagious diseases. Any information disclosed pursuant to this paragraph shall be disclosed only to the extent necessary to protect the health or life of a named party; or
(5) if the information to be disclosed is required in a court proceeding involving child abuse and the information is disclosed in camera.
History: L. 1901, ch. 285, § 2; R.S. 1923, 65-118; L. 1953, ch. 283, § 1; L. 1976, ch. 262, § 1; L. 1979, ch. 189, § 1; L. 1998, ch. 35, § 1; L. 2000, ch. 162, § 17; L. 2013, ch. 59, § 2; July 1.
§ 65-119 Duties and powers of county or joint boards of health and local health officers; contagious diseases; confidentiality of information; disclosure, when
(a) Any county or joint board of health or local health officer having knowledge of any infectious or contagious disease, or of a death from such disease, within their jurisdiction, shall immediately exercise and maintain a supervision over such case or cases during their continuance, seeing that all such cases are properly cared for and that the provisions of this act pertaining to restriction of communication and disinfection are duly enforced. The county or joint board of health or local health officer shall communicate without delay all information pertaining to existing conditions to the secretary of health and environment. The local health officer shall confer personally, if practicable, otherwise by letter, with the person in attendance upon the case, as to its future management. The county or joint board of health or local health officer may recommend against public gatherings when necessary for the control of any and all infectious or contagious disease.
(b) Any disclosure or communication of information relating to infectious or contagious diseases required to be disclosed or communicated under subsection (a) shall be confidential and shall not be disclosed or made public beyond the requirements of subsection (a) or K.S.A. 65-118(a), and amendments thereto, except as otherwise permitted by K.S.A. 65-118(c), and amendments thereto.
History: L. 1901, ch. 285, § 3; R.S. 1923, 65-119; L. 1953, ch. 283, § 2; L. 1974, ch. 352, § 8; L. 1976, ch. 262, § 2; L. 1979, ch. 189, § 2; L. 2025, ch. 115, § 2; July 1.
§ 65-120 Repealed
History: L. 1901, ch. 285, § 4; R.S. 1923, 65-120; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-121 Repealed
History: L. 1901, ch. 285, § 5; L. 1905, ch. 339, § 1; R.S. 1923, 65-121; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-122 Schools and child care facilities; non-admissions and exclusions; readmissions, when
No person afflicted with an infectious or contagious disease dangerous to the public health shall be admitted into any public, parochial or private school or licensed child care facility. It shall be the duty of the parent or guardian, and the principal or other person in charge of any public, parochial, private school or licensed child care facility to exclude therefrom any child or other person affected with a disease suspected of being infectious or contagious until the expiration of the prescribed period of isolation or quarantine for the particular infectious or contagious disease. If the attending person licensed to practice medicine and surgery or local health officer finds upon examination that the person affected with a disease, suspected of being infectious or contagious is not suffering from an infectious or contagious disease, he or she may submit a certificate to this effect to the person in charge of the public, parochial, private school or licensed child care facility and such person shall be readmitted to school or to the child care facility.
History: L. 1901, ch. 285, § 6; R.S. 1923, 65-122; L. 1953, ch. 283, § 3; L. 1976, ch. 262, § 3; July 1.
§ 65-123 Funeral services
Funeral services for individuals who have died while suffering from an infectious or contagious disease shall be conducted in accordance with rules and regulations of the secretary of health and environment. In diseases requiring quarantine of contacts, a public funeral service may be permitted only if the casket remains closed and those contacts subject to quarantine who attend the funeral are adequately segregated from the public.
History: L. 1901, ch. 285, § 7; R.S. 1923, 65-123; L. 1953, ch. 283, § 4; L. 1974, ch. 352, § 9; L. 1976, ch. 262, § 4; July 1.
§ 65-124 Repealed
History: L. 1901, ch. 285, § 8; R.S. 1923, 65-124; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-125 Repealed
History: L. 1901, ch. 285, § 9; R.S. 1923, 65-125; Repealed, L. 1976, ch. 262, § 9; July 1.
§ 65-126 Quarantine of city, township or county
Whenever the county or joint board of health or the local health officer neglects to properly isolate and quarantine infectious or contagious diseases and persons afflicted with or exposed to such diseases as may be necessary to prevent the spread thereof, the secretary of health and environment may quarantine any area in which any of these diseases may show a tendency to become epidemic.
History: L. 1901, ch. 285, § 10; R.S. 1923, 65-126; L. 1953, ch. 283, § 5; L. 1974, ch. 352, § 10; L. 1976, ch. 262, § 5; July 1.
§ 65-127 Penalty provision
Any person found guilty of violating any of the provisions of K.S.A. 65-118, 65-119, 65-122, 65-123 and 65-126, and any amendments thereto, or failing to comply with any requirements thereof shall be fined, upon conviction, not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each offense.
History: L. 1901, ch. 285, § 11; R.S. 1923, 65-127; L. 1976, ch. 262, § 6; July 1.
§ 65-128 Rules and regulations of secretary to prevent spread and dissemination of diseases; testing and quarantine; protection of providers and recipients of services
(a) For the protection of the public health and for the control of infectious or contagious diseases, the secretary of health and environment by rules and regulations shall designate such diseases as are infectious or contagious in their nature.
(b) The secretary of health and environment is authorized to issue such orders and adopt rules and regulations as may be medically necessary and reasonable to prevent the spread and dissemination of diseases injurious to the public health, including, but not limited to, providing for the testing for such diseases and the isolation and quarantine of persons afflicted with or exposed to such diseases.
(c) No later than January 1, 2014, the secretary shall develop and adopt rules and regulations providing for the protection of individuals who provide medical or nursing services, clinical or forensic laboratory services, emergency medical services and firefighting, law enforcement and correctional services, or who provide any other service, or individuals who receive any such services or are in any other employment where the individual may encounter occupational exposure to blood and other potentially infectious materials.
History: L. 1917, ch. 205, § 1; R.S. 1923, 65-128; L. 1953, ch. 283, § 6; L. 1965, ch. 506, § 25; L. 1974, ch. 352, § 11; L. 1976, ch. 262, § 7; L. 1988, ch. 232, § 9; L. 2013, ch. 112, § 2; July 1.
§ 65-128a Chy J. Miller's law
The changes to law in K.S.A. 65-116a and 65-128 made by this act* shall be known as Chy J. Miller's law.
History: L. 2013, ch. 112, § 3; July 1.
§ 65-129 Penalties for unlawful acts
Any person violating, refusing or neglecting to obey any of the rules and regulations adopted by the secretary of health and environment for the prevention, suppression and control of infectious or contagious diseases, or who leaves any isolation area of a hospital or other quarantined area without the consent of the local health officer having jurisdiction, or who evades or breaks quarantine or knowingly conceals a case of infectious or contagious disease shall be guilty of a class C misdemeanor.
History: L. 1917, ch. 205, § 2; R.S. 1923, 65-129; L. 1974, ch. 352, § 12; L. 1976, ch. 262, § 8; July 1.
§ 65-129a Repealed
History: L. 2005, ch. 122, § 1; Repealed, L. 2013, ch. 112, § 25; July 1.
§ 65-129b Infections or contagious diseases; authority of local health officer or secretary; evaluation or treatment orders, isolation or quarantine orders
(a) Notwithstanding the provisions of K.S.A. 65-119, 65-122, 65-123, 65-126 and 65-128, and amendments thereto, and any rules or regulations adopted thereunder, in investigating actual or potential exposures to an infectious or contagious disease that is potentially life-threatening, the local health officer or the secretary:
(1) May issue an order requiring an individual who the local health officer or the secretary has reason to believe has been exposed to an infectious or contagious disease to seek appropriate and necessary evaluation and treatment;
(2) when the local health officer or the secretary determines that it is medically necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to an infectious or contagious disease, may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the local health officer or the secretary determines that such individual no longer poses a substantial risk of transmitting the disease or condition to the public;
(3) if a competent individual of 18 years of age or older or an emancipated minor refuses vaccination, medical examination, treatment or testing under this section, may require an individual to go to and remain in a place of isolation or quarantine until the local health officer or the secretary determines that such individual no longer poses a substantial risk of transmitting the disease or condition to the public; and
(4) if, on behalf of a minor child or ward, a parent or guardian refuses vaccination, medical examination, treatment or testing under this section, may require a minor child or ward to go to and remain in a place of isolation or quarantine and shall allow the parent or guardian to accompany such minor child or ward until the local health officer or the secretary determines that such minor child or ward no longer poses a substantial risk of transmitting the disease or condition to the public.
History: L. 2005, ch. 122, § 2; L. 2025, ch. 115, § 3; July 1.
§ 65-129c Same; orders for isolation or quarantine; form and content; notice; hearing in district court; application and effect; procedure; orders for relief; emergency rules of procedure
(a) If the local health officer or the secretary requires an individual or a group of individuals to go to and remain in places of isolation or quarantine under K.S.A. 65-129b, and amendments thereto, the local health officer or the secretary shall issue an order to the individual or group of individuals.
(b) The order shall specify:
(1) The identity of the individual or group of individuals subject to isolation or quarantine;
(2) the premises subject to isolation or quarantine;
(3) the date and time at which isolation or quarantine commences;
(4) the suspected infectious or contagious disease causing the outbreak or disease, if known;
(5) the basis upon which isolation or quarantine is justified; and
(6) the availability of a hearing to contest the order.
(c) (1) Except as provided in paragraph (2) of subsection (c), the order shall be in writing and given to the individual or group of individuals prior to the individual or group of individuals being required to go to and remain in places of isolation and quarantine.
(2) (A) If the local health officer or the secretary determines that the notice required under paragraph (1) of subsection (c) is impractical because of the number of individuals or geographical areas affected, the local health officer or the secretary shall ensure that the affected individuals are fully informed of the order using the best possible means available.
(B) If the order applies to a group of individuals and it is impractical to provide written individual copies under paragraph (1) of subsection (c), the written order may be posted in a conspicuous place in the isolation or quarantine premises.
(d) (1) An individual or group of individuals isolated or quarantined under this section may request a hearing in district court contesting the isolation or quarantine, as provided in article 15 of chapter 60 of the Kansas Statutes Annotated, but the provisions of this section shall apply to any order issued under K.S.A. 65-129a to 65-129d, inclusive, and amendments thereto, notwithstanding any conflicting provisions contained in that article.
(2) A request for a hearing may not stay or enjoin an isolation or quarantine order.
(3) Upon receipt of a request under this subsection (d), the court shall conduct a hearing within 72 hours after receipt of the request.
(4) (A) In any proceedings brought for relief under this subsection (d), the court may extend the time for a hearing upon a showing by the local health officer or the secretary or other designated official that extraordinary circumstances exist that justify the extension.
(B) In granting or denying an extension, the court shall consider the rights of the affected individual, the protection of the public health, the severity of the health emergency and the availability, if necessary, of witnesses and evidence.
(C) (i) The court shall grant the request for relief unless the court determines that the isolation or quarantine order is necessary and reasonable to prevent or reduce the spread of the disease or outbreak believed to have been caused by the exposure to an infectious or contagious disease.
(ii) If feasible, in making a determination under this paragraph (C), the court may consider the means of transmission, the degree of contagion, and, to the extent possible, the degree of public exposure to the disease.
(5) An order of the court authorizing the isolation or quarantine issued under this section shall:
(A) Identify the isolated or quarantined individual or group of individuals by name or shared characteristics;
(B) specify factual findings warranting isolation or quarantine; and
(C) except as provided in paragraph (2) of subsection (c), be in writing and given to the individual or group of individuals.
(6) If the court determines that the notice required in paragraph (C) of subsection (d)(5) is impractical because of the number of individuals or geographical areas affected, the court shall ensure that the affected individuals are fully informed of the order using the best possible means available.
(7) An order of the court authorizing isolation or quarantine shall be effective for a period not to exceed 30 days. The court shall base its decision on the standards provided under this section.
(8) In the event that an individual cannot personally appear before the court, proceedings may be conducted:
(A) By an individual's authorized representative; and
(B) through any means that allows other individuals to fully participate.
(9) In any proceedings brought under this section, the court may order the consolidation of individual claims into group claims where:
(A) The number of individuals involved or affected is so large as to render individual participation impractical;
(B) there are questions of law or fact common to the individual claims or rights to be determined;
(C) the group claims or rights to be determined are typical of the affected individual's claims or rights; and
(D) the entire group will be adequately represented in the consolidation.
(10) The court shall appoint counsel to represent individuals or a group of individuals who are not otherwise represented by counsel.
(11) The supreme court of Kansas may develop emergency rules of procedure to facilitate the efficient adjudication of any proceedings brought under this section.
History: L. 2005, ch. 122, § 3; April 21.
§ 65-129d Same; unlawful discharge from employment
It shall be unlawful for any public or private employer to discharge an employee solely because the employee or an immediate family member of the employee is under an order of isolation or quarantine. The violation of this section is punishable as a violation of K.S.A. 65-129, and amendments thereto.
History: L. 2005, ch. 122, § 4; April 21.
§ 65-129e Tuberculosis evaluation requirements for certain students; rules and regulations; evaluation criteria; treatment and monitoring of infected persons
(a) The secretary of health and environment is hereby authorized and directed to adopt rules and regulations establishing tuberculosis evaluation requirements for certain students entering classrooms of a postsecondary educational institution in Kansas who are considered as high risk for tuberculosis as defined by the department of health and environment. These rules and regulations shall establish evaluation criteria in compliance with best practice standards as recommended by the division of tuberculosis elimination of the centers for disease control and prevention.
(b) Each postsecondary educational institution shall develop and implement tuberculosis evaluation requirements with assistance of the department of health and environment. Each postsecondary educational institution shall designate a person who is responsible for the oversight and implementation of the requirements. Such person shall maintain the record for at least five years and the department of health and environment shall have the right to review and inspect the records upon request. Such person shall report immediately the positive findings of tuberculosis infection or disease to the department of health and environment.
(c) Each student entering classrooms of a postsecondary educational institution in Kansas shall comply with the tuberculosis evaluation requirements implemented by such institution where the student is enrolled by providing requested information in accordance with a screening and evaluation through an enrollment process. Any student who is not in compliance with the requirements shall not be attending classes or eligible to enroll for a subsequent semester or term or to obtain an official academic transcript or diploma until the student is compliant with the requirements.
(d) Nothing in this section and K.S.A. 65-129f, and amendments thereto, shall be construed as applying to individuals who are not attending the classes regularly but participating in the continuing education programs or any other seminar or function at the postsecondary educational institution.
(e) "Postsecondary educational institution" used in this section and K.S.A. 65-129f, and amendments thereto, means any public or private university, municipal university, community college or technical college.
(f) All costs associated with the evaluation requirements of the prevention and control plan shall be the responsibility of the student.
(g) Any person found to be infected with tuberculosis infection or tuberculosis disease will be provided treatment and ongoing monitoring in accordance with K.S.A. 65-116a to 65-116m, inclusive, and amendments thereto.
History: L. 2005, ch. 122, § 5; L. 2010, ch. 118, § 3; April 29.
§ 65-129f Tuberculosis prevention and control for certain students; rules and regulations; prevention and control plan
(a) The secretary of health and environment is hereby authorized and directed to adopt rules and regulations establishing guidelines for a tuberculosis prevention and control plan for any postsecondary educational institution. The tuberculosis prevention and control plan shall be designed to reduce the risk of tuberculosis transmission and shall be based on the recommendations by the American thoracic society, the centers for disease control and prevention and the infectious diseases society of America. These rules and regulations shall be in compliance with the best practice standards as recommended by the division of tuberculosis elimination of the centers for disease control and prevention.
(b) Each postsecondary educational institution shall develop and implement a tuberculosis prevention and control plan with assistance of the department of health and environment. Each postsecondary educational institution shall designate a person who is responsible for the oversight and implementation of the plan. Such person shall maintain the records created or collected in accordance with this section for at least five years and allow the department of health and environment to review and inspect the records upon request.
History: L. 2010, ch. 118, § 2; April 29.
§§ 65-130 through 65-132 Repealed
History: L. 1911, ch. 296, §§ 1 to 3; R.S. 1923, 65-130 to 65-132; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-133 Repealed
History: L. 1911, ch. 296, § 4; L. 1913, ch. 306, § 1; L. 1915, ch. 340, § 1; R.S. 1923, 65-133; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-134 Repealed
History: L. 1911, ch. 296, § 5; R.S. 1923, 65-134; L. 1949, ch. 326, § 1; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-134a Repealed
History: L. 1949, ch. 326, § 2; Repealed, L. 1951, ch. 355, § 38; June 30.
§§ 65-135 through 65-141 Repealed
History: L. 1911, ch. 296, §§ 6 to 12; R.S. 1923, 65-135 to 65-141; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-142 Repealed
History: L. 1911, ch. 296, § 13; R.S. 1923, 65-142; L. 1935, ch. 230, § 1; L. 1937, ch. 277, § 1; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-142a Repealed
History: L. 1943, ch. 226, § 1; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-143 Repealed
History: L. 1911, ch. 296, § 14; R.S. 1923, 65-143; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-144 Repealed
History: L. 1911, ch. 296, § 15; R.S. 1923, 65-144; L. 1925, ch. 201, § 3; L. 1935, ch. 230, § 2; L. 1941, ch. 296, § 1; Repealed, L. 1951, ch. 355, § 38; June 30.
§§ 65-145 through 65-147 Repealed
History: L. 1911, ch. 296, §§ 16 to 18; R.S. 1923, 65-145 to 65-147; Repealed, L. 1951, ch. 355, § 38; June 30.
§§ 65-148, 65-149 Repealed
History: L. 1885, ch. 129, §§ 9, 10; R.S. 1923, 65-148, 65-149; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-150 Repealed
History: R.S. 1923, 65-150; Repealed, L. 1943, ch. 269, § 28; June 30.
§ 65-151 Repealed
History: L. 1885, ch. 129, § 12; R.S. 1923, 65-151; Repealed, L. 1951, ch. 355, § 38; June 30.
§ 65-152 Repealed
History: L. 1915, ch. 269, § 1; R.S. 1923, 65-152; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-153 Child hygiene; duties of division of public health
The general duties of the division of public health of the department of health and environment shall include the issuance of educational literature on the care of the baby and the hygiene of the child, the study of the causes of infant mortality and the application of preventive measures for the prevention and the suppression of the diseases of infancy and early childhood.
History: L. 1915, ch. 269, § 2; R.S. 1923, 65-153; L. 1974, ch. 352, § 13; L. 2013, ch. 59, § 3; July 1.
§ 65-153a Repealed
History: L. 1927, ch. 248, § 1; Repealed, L. 1955, ch. 284, § 1; June 30.
§ 65-153b Newly born infant; treatment of eyes
Any physician or any person authorized by law to act as an obstetrician shall immediately upon the birth of an infant instill into the eyes of such newly born infant a prophylactic solution approved by the secretary of health and environment: Provided, however, That any person or parent shall not be required to employ such prophylactic if objection is made by written statement to the attending obstetrician within three days from the birth of said child: And provided further, That said written statement shall be attached to the birth certificate.
History: L. 1929, ch. 218, § 2; L. 1974, ch. 352, § 14; July 1.
§ 65-153c Same; duty of physician and others
Any physician or any person authorized by law to act as an obstetrician in this state or any other person having the care of an infant, within six (6) months after its birth, who shall detect any inflammation, swelling or redness in the eyes of any such infant or any unnatural discharge therefrom, shall, if such person is licensed to practice medicine and surgery, treat such child with the necessary prophylactic, or, if such person is not licensed to practice medicine and surgery, shall immediately report the condition and the location of such infant to the county or joint board of health.
History: L. 1929, ch. 218, § 2; L. 1980, ch. 182, § 20; July 1.
§ 65-153d Same; rules and regulations
It shall be the duty of the secretary of health and environment to make the necessary regulations for the enforcement of this act.
History: L. 1929, ch. 218, § 3; L. 1974, ch. 352, § 15; July 1.
§ 65-153e Same; penalty for violating K.S.A. 65-153b through 65-153e
Any person who shall willfully violate any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred ($500) dollars or by confinement in the county jail for six (6) months.
History: L. 1929, ch. 218, § 4; May 28.
§ 65-153f Prenatal serological tests for syphilis and hepatitis b; approved laboratories; laboratory reports, confidentiality
Each physician or other person attending a pregnant woman in this state during gestation, with the consent of such woman, shall take or cause to be taken a sample of blood of such woman within 14 days after diagnosis of pregnancy is made. Such sample shall be submitted for serological tests which meet the standards recognized by the United States public health service for the detection of syphilis and hepatitis b to a laboratory approved by the secretary of health and environment for such serological tests. Any state, United States public health service, or United States army, navy or air force laboratory or any laboratory approved by the state health agency of the state in which the laboratory is operated shall be considered approved for the purposes of this act. Any laboratory in this state, performing the tests required by this section shall make a report to the secretary of health and environment of all positive or reactive tests on forms provided by the secretary of health and environment and also shall make a report of the test results to the submitting physician or person attending the woman. Laboratory statements, reports, files and records prepared pursuant to this section shall be confidential and shall not be divulged to or open to inspection by any person other than state or local health officers or their duly authorized representatives, except by written consent of the woman.
History: L. 1943, ch. 225, § 1; L. 1974, ch. 352, § 16; L. 1981, ch. 241, § 1; L. 1991, ch. 178, § 1; L. 1995, ch. 260, § 3; July 1.
§ 65-153g Same; how reported
In reporting every birth and stillbirth, physicians and others permitted to attend pregnancy cases and required to report births and stillbirths shall state on a separate sheet accompanying the birth certificate or stillbirth certificate, as the case may be, whether a blood test for syphilis has been made during such pregnancy upon a specimen of blood taken from the woman who bore the child for which a birth or stillbirth certificate is filed, and if made the date when such test was made, and if not made, the reason why such test was not made. Neither the fact that such a test was or was not made or was or was not required by law nor the result of any such test shall appear upon the birth certificate or be certified to any person for any purpose.
History: L. 1943, ch. 225, § 2; June 28.
§ 65-153h Same; misdemeanor
Any person willfully violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not less than ten dollars nor more than one hundred dollars.
History: L. 1943, ch. 225, § 3; June 28.
§§ 65-154, 65-155 Repealed
History: L. 1905, ch. 482, §§ 1, 2; R.S. 1923, 65-154, 65-155; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-156 Regulations and fees
The secretary of health and environment shall make rules and regulations for the collection of samples and analysis of water, either natural or treated, furnished by municipalities, corporations, companies or individuals to the public, and shall fix the fees for any services rendered under said rules and regulations to cover the cost of the services.
History: L. 1915, ch. 327, § 1; R.S. 1923, 65-156; L. 1974, ch. 352, § 17; L. 1975, ch. 312, § 1; July 1.
§ 65-157 Same; analysis by office of laboratory services; disposition of fees
The analysis of all waters required in the rules and regulations shall be made by the office of laboratory services of the department of health and environment and the fees collected under the provisions of this act by the secretary of health and environment shall be remitted by the secretary 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 office of laboratory services operating fund.
History: L. 1915, ch. 327, § 2; R.S. 1923, 65-157; L. 1974, ch. 352, § 18; L. 1975, ch. 312, § 2; L. 2001, ch. 5, § 209; L. 2013, ch. 112, § 4; July 1.
§ 65-158 Repealed
History: L. 1915, ch. 327, § 3; R.S. 1923, 65-158; L. 1974, ch. 352, § 19; Repealed, L. 1977, ch. 212, § 13; April 14.
§ 65-159 Abatement of nuisances; failure to remove, penalties
The secretary of health and environment and the county or joint boards of health shall have the power and authority to examine into all nuisances, sources of filth and causes of sickness that in their opinion may be injurious to the health of the inhabitants within any county or municipality in this state. Whenever any such nuisance, source of filth or cause of sickness shall be found to exist on any private property or upon any watercourse in this state, the secretary of health and environment or county or joint boards of health shall have the power and authority to order, in writing, the owner or occupant thereof at his or her own expense to remove the nuisance, source of filth or cause of sickness within twenty-four (24) hours, or within such reasonable time thereafter as such secretary or such county or joint board may order; and if the owner or occupant shall fail to obey such order, such owner or occupant upon conviction shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100), and each day's continuance of such nuisance, source of filth or cause of sickness, after the owner or occupant thereof shall have been notified to remove the nuisance, source of filth or cause of sickness, shall be a separate offense.
History: L. 1907, ch. 383, § 1; R.S. 1923, 65-159; L. 1974, ch. 352, § 20; L. 1980, ch. 182, § 21; July 1.
§ 65-160 Same; duty of county attorney
It shall be the duty of the county attorney of each county to prosecute any person who shall violate the provisions of this chapter.
History: L. 1907, ch. 383, § 2; March 4; R.S. 1923, 65-160.
§ 65-161 Definitions
As used in this act:
(a) "Waters of the state" means all streams and springs, and all bodies of surface and subsurface waters within the boundaries of the state;
(b) "discharge" means, when used without qualification, the causing or permitting of sewage to enter, either directly or indirectly, into waters of the state;
(c) "indirect discharge" means the introduction of pollutants into a publicly owned treatment works from any nondomestic source; and
(d) "direct discharge" means the discharge of sewage into waters of the state.
History: L. 1907, ch. 382, § 1; R.S. 1923, 65-161; L. 1973, ch. 241, § 1; L. 1984, ch. 221, § 1; April 19.
§ 65-162 Repealed
History: L. 1907, ch. 382, § 2; R.S. 1923, 65-162; L. 1974, ch. 352, § 21; Repealed, L. 1977, ch. 212, § 13; April 14.
§ 65-162a Public water supply systems; definitions
As used in K.S.A. 65-163 and 65-163a, and in K.S.A. 65-171m to 65-171t, inclusive, unless the context clearly requires otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(a) "Person" means an individual, corporation, company, association, partnership, state, municipality or federal agency.
(b) "Public water supply system" means a system for the provision to the public of piped water for human consumption, if such system has at least ten (10) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of the year. Such term includes any source, treatment, storage or distribution facilities under control of the operator of the system and used primarily in connection with the system, and any source, treatment, storage or distribution facilities not under such control but which are used in connection with such system.
(c) "Secretary" means the secretary of health and environment.
(d) "Supplier of water" means any person who owns or operates a public water supply system.
History: L. 1977, ch. 212, § 1; April 14.
§ 65-163 Public water supply systems; applications to secretary for permits; annual certification; investigation of complaints; municipal water treatment residues; approved by secretary; orders; remedial measures; fees for inspection and regulation of systems; rules and regulations
(a) (1) No person shall operate a public water supply system within the state without a public water supply system permit from the secretary. An application for a public water supply system permit shall be submitted for review and approval prior to construction and shall include:
(A) A copy of the plans and specifications for the construction of the public water supply system or the extension thereof;
(B) a description of the source from which the water supply is to be derived;
(C) the proposed manner of storage, purification or treatment for the supply; and
(D) such other data and information as required by the secretary of health and environment. No source of water supply in substitution for or in addition to the source described in the application or in any subsequent application for which a public water supply system permit is issued shall be used by a public water supply system, nor shall any change be made in the manner of storage, purification or treatment of the water supply without an additional public water supply system permit obtained in a manner similar to that prescribed by this section from the secretary.
(2) Whenever application is made to the secretary for a public water supply system permit under the provisions of this section, it shall be the duty of the secretary to examine the application without delay and, as soon as possible thereafter, to grant or deny the public water supply system permit subject to any conditions that may be imposed by the secretary to protect the public health and welfare.
(3) The secretary may adopt rules and regulations establishing a program of annual certification by public water supply systems that have staff qualified to approve the extension of distribution systems or the replacement of segments of distribution systems without the necessity of securing an additional permit for the extension or replacement provided the plans for the extension or replacement are prepared by a professional engineer as defined by K.S.A. 74-7003, and amendments thereto.
(b) (1) Whenever a complaint is made to the secretary by any city of the state, by a local health officer, or by a county or joint board of health concerning the sanitary quality of any water supplied to the public within the county in which the city, local health officer or county or joint board of health is located, the secretary shall investigate the public water supply system about which the complaint is made. Whenever the secretary has reason to believe that a public water supply system within the state is being operated in violation of an applicable state law or an applicable rule and regulation of the secretary, the secretary may investigate the public water supply system.
(2) Whenever an investigation of any public water supply system is undertaken by the secretary, it shall be the duty of the supplier of water under investigation to furnish to the secretary information to determine the sanitary quality of the water supplied to the public and to determine compliance with applicable state laws and rules and regulations. The secretary may issue an order requiring changes in the source or sources of the public water supply system or in the manner of storage, purification or treatment utilized by the public water supply system before delivery to consumers, or distribution facilities, collectively or individually, as may in the secretary's judgment be necessary to safeguard the sanitary quality of the water and bring about compliance with applicable state law and rules and regulations. The supplier of water shall comply with the order of the secretary.
(c) (1) As used in this subsection, "municipal water treatment residues" means any solid, semisolid or liquid residue generated during the treatment of water in a public water supply system treatment works.
(2) A public water supply system may place or store municipal water treatment residues resulting from sedimentation, coagulation or softening treatment processes in basins on land under the ownership and control of the public water supply system operator provided that such storage or placement is approved and permitted by the secretary under this section as part of the public water supply system.
(3) The secretary shall adopt uniform and comprehensive rules and regulations for the location, design and operation of such basins. Such rules and regulations shall require permit applications by the public water suppliers for such basins to include a copy of the plans and specifications for the location and construction of each basin, the means of conveyance of the treatment residues to such basins, the content of treatment residues, the proposed method of basin operation and closure, the method of any anticipated expansion and any other data and information required by the secretary.
(4) Whenever complaint is made to the secretary by the mayor of any city of the state, by a local health officer or by a county or joint board of health, or whenever an investigation is undertaken at the initiative of the secretary, relating to any alleged violation of the provisions of the permit for placement or storage of municipal water treatment residues in such basins, the public water supply system operator shall furnish all information the secretary requires. If the secretary finds that there is any violation of the terms of the permit, that the means of placement and storage exceed the terms of the permit or that any other condition exists by reason of the means of placement and storage that may be detrimental to the health of any inhabitants of the state or to the environment, the secretary shall have the authority to issue an order amending the permit or otherwise requiring the operator to perform remedial measures to curtail or prevent such detrimental conditions.
(d) Orders of the secretary under this section, and hearings thereon, shall be subject to the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act. The court on review shall hear the case without delay.
(e) The secretary shall establish by rule and regulation a system of fees for the inspection and regulation of public water supplies. No such fee shall exceed $.002 per 1,000 gallons of water sold at retail by a public water supply system. All such fees shall be paid quarterly in the manner provided for fees imposed on retail sales by public water supply systems pursuant to K.S.A. 82a-954, and amendments thereto. The secretary shall remit all moneys collected for such fees 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 public water supply fee fund created by K.S.A. 65-163c, and amendments thereto.
(f) There is hereby created an advisory committee to make recommendations regarding:
(1) Fees to be adopted by the secretary under subsection (e);
(2) means of strengthening on-site technical assistance to public water supply systems;
(3) standards for on-site and classroom water treatment operator certification programs;
(4) other matters concerning public water supplies; and
(5) to advise the secretary regarding expenditure of moneys in the public water supply fee fund created by K.S.A. 65-163c, and amendments thereto. Such advisory committee shall consist of one member appointed by the secretary to represent the department of health and environment, one member appointed by the director of the Kansas water office to represent such office and two members appointed by the secretary as follows: One from three nominations submitted by the Kansas section of the American waterworks association, and one from three nominations submitted by the Kansas rural water association. Members of the advisory committee shall serve without compensation or reimbursement of expenses. The advisory committee shall meet at least four times each year on call of the secretary or a majority of the members of the committee.
History: L. 1907, ch. 382, § 3; L. 1909, ch. 226, § 1; R.S. 1923, 65-163; L. 1943, ch. 219, § 1; L. 1974, ch. 352, § 22; L. 1977, ch. 212, § 2; L. 1980, ch. 182, § 22; L. 1983, ch. 204, § 1; L. 1986, ch. 318, § 82; L. 1992, ch. 188, § 1; L. 1994, ch. 126, § 1; L. 1996, ch. 160, § 1; L. 2001, ch. 5, § 210; L. 2004, ch. 145, § 17; L. 2010, ch. 17, § 110; L. 2023, ch. 14, § 1; July 1.
§ 65-163a Same; cessation of water delivery, when; order by secretary, judicial review
(a) Any supplier of water may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and may continue to refuse the delivery of water to the premises until the condition is remedied.
(b) The secretary may order a supplier of water: (1) To cease the delivery of water through pipes and mains to a premise or premises where a condition exists which might lead to the contamination of the public water supply system; or (2) to cease an activity which would result in a violation of the state primary drinking water standards; or (3) to cease an activity which results in a continuing violation of the state primary drinking water standards; or (4) to comply with any combination of these orders. The supplier of water shall immediately comply with an order issued by the secretary under this section.
(c) Orders of the secretary under this section, and hearings thereon, shall be subject to the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act. The court on review shall hear the appeal without delay.
History: L. 1943, ch. 219, § 2; L. 1974, ch. 352, § 23; L. 1977, ch. 212, § 3; L. 1986, ch. 318, § 83; L. 2004, ch. 145, § 18; L. 2010, ch. 17, § 111; July 1.
§ 65-163b Repealed
History: L. 1943, ch. 219, § 3; L. 1974, ch. 352, § 24; Repealed, L. 1977, ch. 212, § 13; April 14.
§ 65-163c Same; public water supply fee fund; authorized expenditures; interest transferred from state general fund
(a) There is hereby established in the state treasury the public water supply fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Fees collected under K.S.A. 65-163 and amendments thereto; and
(2) interest attributable to investment of moneys in the fund.
(b) Moneys deposited in the public water supply fee fund shall be expended only to: (1) inspect and regulate public water supplies and (2) provide training, assistance and technical guidance to public water supply systems, including on-site technical assistance by the department or by a contractor contracting with the department in complying with the federal safe drinking water act (42 U.S.C. 300f et seq.) and regulations adopted under such act. The advisory committee established by K.S.A. 65-163 and amendments thereto shall advise the secretary regarding expenditures from the fund.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the public water supply fee fund interest earnings based on:
(1) The average daily balance of moneys in the public water supply fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the public water supply fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment for the purposes set forth in this section.
History: L. 1992, ch. 188, § 2; L. 1996, ch. 253, § 10; L. 1996, ch. 253, § 11; July 1.
§ 65-163d Public water supply project loan program; definitions
As used in K.S.A. 65-163d through 65-163u, and amendments thereto:
(a) "Fund" means the public water supply loan fund established by K.S.A. 65-163e, and amendments thereto.
(b) "Municipality" means: (1) Any political or taxing subdivision authorized by law to construct, operate and maintain a public water supply system, including water districts; (2) two or more such subdivisions jointly constructing, operating or maintaining a public water supply system; or (3) the Kansas rural water finance authority.
(c) "Project" means any acquisition, construction, reconstruction, improvement, equipping, rehabilitation or extension of all or any part of a public water supply system.
(d) "Project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto.
(e) "Public water supply system" has the meaning provided by K.S.A. 65-162a, and amendments thereto.
(f) "Secretary" means the secretary of health and environment.
History: L. 1994, ch. 349, § 1; L. 1996, ch. 160, § 3; L. 1997, ch. 188, § 1; L. 2022, ch. 5, § 1; July 1.
§ 65-163e Same; public water supply loan fund established; sources of revenue; purposes for disbursements therefrom
(a) There is hereby established in the state treasury the public water supply loan fund.
(b) Moneys from the following sources shall be credited to the fund:
(1) Amounts received by the state from the federal government for the purposes of the fund;
(2) amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(3) proceeds derived from the sale of bonds issued under K.S.A. 65-163l through 65-163t, and amendments thereto;
(4) amounts of repayments of loans made under this act, together with payments of interest thereon, in accordance with agreements entered into by the borrower and the secretary;
(5) interest attributable to investment of moneys in the fund; and
(6) amounts received from any public or private entity for the purposes of the fund.
(c) Subject to the conditions and in accordance with requirements of this act, moneys credited to the fund shall be used only:
(1) To make loans to municipalities for payment of all or part of project costs;
(2) as a source of revenue or security for the payment of principal and interest on bonds issued under K.S.A. 65-163l through 65-163t, and amendments thereto, if, and to the extent that, the proceeds of the sale of such bonds are deposited in the fund;
(3) as a source of revenue or security for the payment of principal and interest on bonds issued by the Kansas development finance authority pursuant to the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto;
(4) to earn interest on moneys in the fund; and
(5) for the reasonable costs, as determined by the secretary, of administering the fund and conducting activities under this act. Such costs shall be identified annually in development of the intended use plan as described in K.S.A. 65-163h, and amendments thereto.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the public water supply loan fund interest earnings based on:
(1) The average daily balance of moneys in the public water supply loan fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(e) All payments and disbursements from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary. All payments and disbursements from the fund, and beginning and ending balances thereof, shall be subject each year to post audit in accordance with article 11 of chapter 46 of the Kansas Statutes Annotated.
History: L. 1994, ch. 349, § 2; L. 1996, ch. 253, § 12; L. 2006, ch. 100, § 1; July 1.
§ 65-163f Same; authority and duties of the secretary of health and environment; rules and regulations
The secretary shall administer the provisions of this act and shall be responsible for administration and management of the fund. The secretary is hereby authorized to:
(a) Enter into binding commitments for the provision of loans in accordance with the provisions of this act;
(b) review applications of municipalities for loans and select the projects for which loans will be made available;
(c) provide the governor and the legislature with an annual report prepared in accordance with K.S.A. 65-163k and with copies of the audit required under K.S.A. 65-163e; and
(d) adopt rules and regulations necessary for effectuation of the provisions of this act.
History: L. 1994, ch. 349, § 3; July 1.
§ 65-163g Same; project priority system development; priority list preparation, considerations
(a) The secretary shall develop a priority system for projects, establish ranking criteria therefor, review applications of municipalities for loans and prepare an annual project priority list. The priority list shall include a description of each project; the purpose, cost and schedule therefor; and the municipality applying for the loan. After preparation of the priority list, the secretary shall select from such list the projects for which loans will be made available.
(b) In performing the functions and duties required by subsection (a), the secretary shall:
(1) Exclude from the priority list any project of a municipality which has not adopted and implemented conservation plans and practices that are consistent with the guidelines developed and maintained by the Kansas water office pursuant to K.S.A. 74-2608 and amendments thereto;
(2) in consultation with the Kansas water office, encourage regional cooperative public water supply projects in accordance with the public water supply regionalization strategy of the state water plan; and
(3) ensure that a fair proportion, at least but not limited to 20%, of the total dollar amount of loans to be made available from the fund in each year will be made available for projects of municipalities having populations of 5,000 or less, except that, if such municipalities are unable to utilize the total amount made available under this subsection, the secretary is authorized to make the unused amount available for other projects on the priority list.
History: L. 1994, ch. 349, § 4; July 1.
§ 65-163h Same; intended use plan for available moneys
After providing for public comment and review each year, the secretary shall prepare a plan identifying the intended uses of the moneys available in the fund. The intended use plan shall include, but not be limited to:
(a) The project priority list;
(b) a description of the short- and long-term goals and objectives of the fund;
(c) information on the projects to be financed, including a description thereof, the terms of loans to be provided and the municipalities receiving the loans; and
(d) the criteria and method established for the provision of loans to be made from the fund.
History: L. 1994, ch. 349, § 5; July 1.
§ 65-163i Applications for loans; loan agreements, provisions; provision of technical assistance by secretary
(a) Municipalities that desire the provision of a loan under this act shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.
(b) The secretary may enter into agreements with any municipality for the provision of a loan thereto for payment of all or a part of project costs and any municipality may enter into such an agreement and may accept such loan when so authorized by the municipal governing body. The purposes of the loan to be provided, the amount thereof, the interest rate thereon and the repayment terms and conditions thereof, all of which may vary among municipalities, shall be included in the agreements. Loans shall be provided at or below market interest rates. All such agreements with municipalities shall require that municipalities establish a dedicated source of revenue for repayment of the loans as provided in K.S.A. 65-163j, and amendments thereto. Such agreements shall further provide that repayment of any loan received shall begin not later than one year after completion of the project and that such loan shall be repaid in full no later than 40 years thereafter.
(c) If a municipality to which a loan is made available under this act fails to enter into an agreement with the secretary for the provision of such loan in accordance with the requirements of this act, the secretary may make the amount of the loan available for one or more other projects on the priority list.
(d) The secretary shall provide any municipality, upon request, with technical advice and assistance regarding a project or an application for a loan for the payment of all or part of project costs.
History: L. 1994, ch. 349, § 6; L. 2019, ch. 38, § 1; July 1.
§ 65-163j Loan repayment sources of municipalities; imposition of charges by secretary; maintenance of project accounts
(a) The dedicated source of revenue for repayment of a loan to a municipality may include service charges, connection fees, special assessments, property taxes, grants or any other source of revenue lawfully available to the municipality for such purpose. In order to ensure repayment by municipalities of the amounts of loans provided under this act, the secretary, after consultation with the governing body of any municipality that receives a loan, may adopt charges to be levied against individuals and entities served by the project. Any such charges shall remain in effect until the total amount of the loan, and any interest thereon, has been repaid. The charges shall, insofar as is practicable, be equitably assessed and may be in the form of a surcharge to the existing charges of the municipality. The governing body of any municipality that receives a loan under this act shall collect any charges established by the secretary and shall pay the moneys collected therefrom to the secretary in accordance with procedures established by the secretary.
(b) Municipalities that are provided with loans under this act shall maintain project accounts in accordance with generally accepted government accounting standards.
(c) Any loans received by a municipality under the provisions of this act shall be construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the municipality.
History: L. 1994, ch. 349, § 7; L. 2024, ch. 1, § 4 (Special Session); June 27.
§ 65-163k Same; annual reports
The secretary shall prepare an annual report describing how the state has met the goals and objectives for the previous year as identified in the intended use plan prepared pursuant to K.S.A. 65-163h.
History: L. 1994, ch. 349, § 8; July 1.
§ 65-163l Same; authority to issue bonds
(a) For the purpose of making loans under this act, the secretary may either: (1) Issue revenue bonds; or (2) enter into agreements with the Kansas development finance authority to issue revenue bonds. Such bonds may be sold at public sale or by a negotiated underwriting.
(b) The activities of the secretary in administering and performing the powers, duties and functions prescribed by the provisions of this act from the proceeds of bonds issued for such purpose by the Kansas development finance authority are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the issuance of such bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto.
History: L. 1994, ch. 349, § 9; July 1.
§ 65-163m Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds
(a) Prior to the issuance of the revenue bonds under this act, a resolution or resolutions shall be adopted which, unless otherwise provided therein, shall take effect immediately and:
(1) Determine an interest rate or rates to be paid on the principal of the revenue bonds not in excess of the maximum rate of interest prescribed by K.S.A. 10-1009 and amendments thereto;
(2) determine that the revenue bonds will be term or serial bonds or any combination thereof maturing not later than 40 years from the date of issuance;
(3) make provision for prompt payment of the principal of and interest on the revenue bonds as they become due, to maintain any required reserves and to provide for any deficits resulting from failure to receive sums payable for the principle of or interest on loans made under this act or resulting from any other cause;
(4) sell the revenue bonds in the manner provided by K.S.A. 10-106 and amendments thereto, at a price of not less than 90% of the par value thereof; and
(5) register the revenue bonds with the state treasurer.
(b) Prior to the issuance of the revenue bonds, the secretary may:
(1) Pledge to the payment of the principal of and interest on the revenue bonds amounts received for payment of the principal of and interest on loans made under this act and any other amounts received for the purpose of payment of the principal of and interest on the revenue bonds;
(2) create and maintain (A) revenue bond funds adequate to promptly pay both the principal of and interest on the revenue bonds when they become due and (B) a reasonable reserve fund; and
(3) covenant or contract with respect to any and all matters consistent with the authority granted herein necessary and convenient in the determination of the secretary to sell the revenue bonds and obtain the most favorable interest rate thereon, including, but not limited to, maturities, priority of liens, number of issuances, special funds for security, redemption privileges, investments of the proceeds of the revenue bonds and any other funds pledged to the payment thereof or held as security therefor, security agreements, trust indentures, paying agencies, registration provisions and conversion privileges.
History: L. 1994, ch. 349, § 10; July 1.
§ 65-163n Same; bonds issued not state indebtedness; enforcibility of contracts, agreements and covenants
(a) Revenue bonds issued under this act, including refunding revenue bonds authorized hereunder, shall be special obligations in accordance with their terms and shall not constitute an indebtedness of the state of Kansas or the department, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(b) All contracts, agreements and covenants contained in the resolution authorizing the issuance of revenue bonds shall be binding in all respects upon the department of health and environment and its officials, agents, employees and successors. Such agreements, contracts and covenants shall be enforceable by appropriate legal action brought pursuant to the terms of the resolution authorizing the issuance of revenue bonds.
History: L. 1994, ch. 349, § 11; July 1.
§ 65-163o Same; issuance of refunding bonds
Revenue bonds may be issued for the purpose of refunding revenue bonds issued under this act.
History: L. 1994, ch. 349, § 12; July 1.
§ 65-163p Same; disposition of revenue derived from bond sales
The proceeds derived from the sale of all revenue bonds issued under this act shall be deposited in the state treasury and credited to the fund.
History: L. 1994, ch. 349, § 13; July 1.
§ 65-163q Same; income from bonds exempt from taxation
The revenue bonds issued under this act and any refunding revenue bonds authorized to be issued under this act, and the income derived therefrom, are and shall be exempt from all state, county and municipal taxation in the state of Kansas.
History: L. 1994, ch. 349, § 14; L. 2010, ch. 44, § 28; July 1.
§ 65-163r Same; bonds deemed legal and proper securities for investment by governmental entities
Revenue bonds issued under this act shall be proper and legal investment securities for any investment funds of the state of Kansas or any department, agency or institution thereof, or any county, municipal or other public corporation or political subdivision created pursuant to the laws of the state of Kansas. Revenue bonds issued under this act are hereby deemed and approved as collateral security for the deposit of any and all funds and for the investment of all trust funds under the jurisdiction of the laws of the state of Kansas.
History: L. 1994, ch. 349, § 15; July 1.
§ 65-163s Same; powers supplemental to other powers of the secretary; severability
(a) This act constitutes full and complete authority for the purposes set out in this act, and no procedure or proceedings other than those required by this act shall be necessary for the performance of the provisions thereof. The powers conferred by this act shall be in addition and supplemental to and not in substitution for, and the limitations imposed by this act shall not affect, the powers conferred on the secretary by any other law.
(b) The provisions of this act are severable, and if any provision, section, subsection, sentence, clause or phrase of this act, including, but not limited to, the provisions relating to any of the sources of revenues for payment of bonds authorized pursuant to this act are for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each provision, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more of the same are declared invalid.
History: L. 1994, ch. 349, § 16; July 1.
§ 65-163t Same; publication of notice of bond issuance, contents; actions to contest, timing
Prior to the issuance of any revenue bonds under this act and after the adoption of a resolution authorizing any revenue bonds under this act, the secretary shall cause to be published once in the Kansas register a notice to all persons interested that the revenue bonds will be issued under this act. The notice shall state the amount or maximum amount of revenue bonds to be issued pursuant to such resolution, together with a brief statement of the purposes for which the proceeds are to be used, and further, that unless an action to contest the legality of the proposed revenue bonds is filed in a court of law within 30 days from the date of such publication, the right to contest the legality of any revenue bonds issued in compliance with the proceedings taken by the secretary prior to the date of such publication and the right to contest the validity of the provisions of such proceedings shall cease to exist and no court shall thereafter have authority to inquire into such matters. After the expiration of the 30 days, no one shall have any right to commence an action contesting the validity of such revenue bonds or the provisions of such proceedings and all revenue bonds shall be conclusively presumed to be legal, and no court shall thereafter have authority to inquire into such matters.
History: L. 1994, ch. 349, § 17; July 1.
§ 65-163u Same; general obligation bond issuance authority for municipalities; election not required and not subject to bonded debt limitations
(a) A municipality may issue general obligation bonds for the purpose of paying all or part of any project costs of a public water supply system operated by such municipality. Such bonds shall be issued, registered, sold, delivered and retired in accordance with the general bond law.
(b) Notwithstanding any other provision of law to the contrary, no election shall be required for the issuance of general obligation bonds or revenue bonds by a municipality for the purpose of paying all or part of any project costs of a public water supply system operated by such municipality. Such general obligation bonds shall not be subject to or within any bonded debt limitation provided by law.
History: L. 1994, ch. 349, § 18; L. 1996, ch. 160, § 4; July 1.
§ 65-164 Sewage; definition; complaints, investigations, orders; administrative review
(a) No person, company, corporation, institution or municipality shall place or permit to be placed or discharge or permit to flow into any of the waters of the state any sewage, except as hereinafter provided. This act shall not prevent the discharge of sewage from any public sewer system owned and maintained by a municipality or sewerage company, if such sewer system was in operation and was discharging sewage into the waters of the state on March 20, 1907, but this exception shall not permit the discharge of sewage from any sewer system that has been extended subsequent to such date, nor shall it permit the discharge of any sewage which, upon investigation by the secretary of health and environment as hereinafter provided, is found to be polluting the waters of the state in a manner prejudicial to the health of the inhabitants thereof.
(b) For the purposes of this act, "sewage" means any substance that contains any of the waste products or excrementitious or other discharges from the bodies of human beings or animals, or chemical or other wastes from domestic, manufacturing or other forms of industry.
(c) Whenever a complaint is made to the secretary of health and environment by the mayor of any city of the state, by a local health officer or by a county or joint board of health, complaining of the pollution or of the polluted condition of any of the waters of the state situated within the county within which the city, local health officer or county or joint board of health is located, it shall be the duty of the secretary of health and environment to cause an investigation of the pollution or the polluted condition complained of. Also, whenever the secretary of health and environment otherwise has reason to believe that any of the waters of the state are being polluted in a manner prejudicial to the health of any of the inhabitants of the state, the secretary may initiate an investigation of such pollution.
(d) Whenever an investigation is undertaken by the secretary of health and environment, under subsection (c), it shall be the duty of any person, company, corporation, institution or municipality concerned in such pollution to furnish, on demand, to the secretary of health and environment such information as required relative to the amount and character of the polluting material discharged into the waters by such person, company, corporation, institution or municipality. If the secretary of health and environment finds that any of the waters of the state have been or are being polluted in a manner prejudicial to the health of any of the inhabitants of the state, the secretary of health and environment shall have the authority to make an order requiring: (1) Such pollution to cease within a reasonable time; (2) requiring such manner of treatment or of disposition of the sewage or other polluting material as, in the secretary's judgment, is necessary to prevent the future pollution of such waters; or (3) both. It shall be the duty of the person, company, corporation, institution or municipality to whom such order is directed to fully comply with the order of the secretary of health and environment.
(e) Any person, company, corporation, institution or municipality upon whom an order has been imposed pursuant to subsection (d) may appeal to the secretary within 30 days after service of the order. If appealed, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1907, ch. 382, § 4; L. 1909, ch. 226, § 2; R.S. 1923, 65-164; L. 1974, ch. 352, § 25; L. 1980, ch. 182, § 23; L. 1986, ch. 318, § 84; L. 1997, ch. 92, § 1; April 17.
§ 65-165 Permits for discharge of sewage or extension of sewer system; exceptions; general permits; revocation or modification of permit
(a) Upon application made to the secretary of health and environment by the public authorities having by law the charge of the sewer system of any municipality, township, county or legally constituted sewer district, or any person, company, corporation, institution, municipality or federal agency, the secretary of health and environment shall consider the case of a sewage discharge or sewer system, otherwise prohibited by this act from discharging sewage into any of the waters of the state, or the extension of a sewer system. The secretary shall issue a permit for the extension of the sewer system or for the discharge of sewage, or both, if the secretary determines that: (1) The general interests of the public health would be served thereby or the discharge of such sewage would not detract from the quality of the waters of the state for their beneficial uses for domestic or public water supply, agricultural needs, industrial needs, recreational needs or other beneficial use; and (2) such discharge meets or will meet all applicable state water quality standards and applicable federal water quality and effluent standards under the provisions of the federal water pollution control act and amendments thereto as in effect on January 1, 1998. The secretary shall stipulate in the permit the conditions on which such discharge will be permitted and shall require such treatment of the sewage as determined necessary to protect beneficial uses of the waters of the state in accordance with the statutes and rules and regulations defining the quality of the water affected by such discharge and may require treatment of the sewage in accordance with rules and regulations predicated upon technologically based effluent limitations. Indirect dischargers shall comply with all applicable pretreatment regulations and water quality standards.
(b) The secretary of health and environment may establish, by rules and regulations, a program of annual certification of public sanitary sewer systems to approve, without the necessity of securing an additional permit from the secretary, sewer extensions for which the plans: (1) Are prepared by a professional engineer, as defined by K.S.A. 74-7003 and amendments thereto; and (2) conform to the minimum standards of design for water pollution control facilities published by the secretary. A public sanitary sewer system shall qualify for such certification only if the secretary determines that the system has staff, or persons under contract, qualified to approve sewer extensions and the system complies with any conditions that the secretary establishes to effectively monitor and control the certification process, including but not limited to such periodic reporting of sewer extensions approved or sewer connection permits issued, or both, as the secretary may require.
(c) If, in the opinion of the secretary of health and environment, issuance of general permits is more appropriate than issuance of individual permits, the secretary may establish, by rule and regulation, procedures for issuance of general permits to the following sources and facilities if such sources and facilities involve similar types of operations, discharge the same types of wastes or engage in the same types of sludge use or disposal practices, require similar monitoring requirements or require the same effluent limitations, operating conditions, or standards for sewage sludge use or disposal: (1) A category of point and nonpoint sources of sewage such as storm water; (2) other categories of point and nonpoint sources of sewage; or (3) categories of facilities treating domestic sewage. Availability of general permits shall be limited to areas defined by geographical or political boundaries such as, but not limited to, city, county or state boundaries, state or county roads and highways or natural boundaries such as drainage basins. The secretary may establish, by rule and regulation, procedures for the issuance, revocation, modification and change, reissuance or termination of general permits in the manner provided by law.
(d) Any permit application may be denied and every permit for the discharge of sewage shall be revocable, or subject to modification and change, by the secretary of health and environment, upon notice having been served on the public authorities having, by law, the charge of the sewer system any municipality, township, county or legally constituted sewer district or on the person, company, corporation, institution, municipality or federal agency owning, maintaining or using the sewage system. The length of time after receipt of the notice within which the discharge of sewage shall be discontinued may be stated in the permit, but in no case shall it be less than 30 days or exceed two years; if the length of time is not specified in the permit, it shall be 30 days. On the expiration of the period of time prescribed, after the service of notice of denial, revocation, modification or change from the secretary of health and environment, the right to discharge sewage into any of the waters of the state shall cease and terminate, and the prohibition of this act against such discharge shall be in full force, as though no permit had been granted, but a new permit may thereafter again be granted, as hereinbefore provided.
(e) Any permittee or permit applicant upon whom notice of denial, revocation, modification or change has been served pursuant to subsection (d) may appeal to the secretary within 30 days after service of the notice. All permit applications and requests for appeal are subject to the provisions of the Kansas administrative procedure act.
History: L. 1907, ch. 382, § 5; R.S. 1923, 65-165; L. 1947, ch. 326, § 1; L. 1967, ch. 333, § 1; L. 1974, ch. 247, § 1; L. 1974, ch. 352, § 26; L. 1984, ch. 221, § 2; L. 1989, ch. 185, § 1; L. 1992, ch. 64, § 1; L. 1997, ch. 92, § 2; L. 1998, ch. 62, § 1; July 1.
§ 65-166 Application for permit to discharge sewage
It is required of public authorities having by law the charge of the sewer system of any municipality, township, county, or legally constituted sewer district, and of each and every person, company, corporation, institution, municipality, or federal agency, that upon making application for a permit to discharge sewage into any waters of the state, or the extension of any sewer system, the application shall be accompanied by plans and specifications for the construction of the sewage collection systems and/or sewage treatment or disposal facilities, and any additional facts and information as the secretary of health and environment may require to determine adequate protection of the public health of the state and the beneficial uses of waters of the state.
History: L. 1907, ch. 382, § 6; R.S. 1923, 65-166; L. 1967, ch. 333, § 2; L. 1974, ch. 352, § 27; July 1.
§ 65-166a Fees for administering water pollution control permit system; expiration and reissuance of permits; permits and fees for confined feeding facilities and truck washing facilities for animal wastes; disposition of moneys
(a) The secretary of health and environment is authorized and directed to establish by duly adopted rules or regulations a schedule of fees to defray all or any part of the costs of administering the water pollution control permit system established by K.S.A. 65-165 and 65-166, and amendments thereto. The amount of the fees so established shall be based upon the quantity of raw wastes or treated wastes to be discharged, units of design capacity of treatment facilities or structures, numbers of potential pollution units, physical or chemical characteristics of discharges and staff time necessary for review and evaluation of proposed projects. In establishing the fee schedule, the secretary of health and environment shall not assess fees for permits required in the extension of a sewage collection system, but such fees shall be assessed for all treatment devices, facilities or discharges where a permit is required by law and is issued by the secretary of health and environment or the secretary's designated representative. Such fees shall be nonrefundable.
(b) Any such permit for which a fee is assessed shall expire 10 years from the date of its issuance. The secretary of health and environment may issue permits pursuant to K.S.A. 65-165, and amendments thereto, for terms of less than 10 years, if the secretary determines valid cause exists for issuance of the permit with a term of less than 10 years. The minimum fee assessed for any permit issued pursuant to K.S.A. 65-165, and amendments thereto, shall be for not less than one year. Permit fees may be assessed and collected on an annual basis and failure to pay the assessed fee shall be cause for revocation of the permit. Any permit that has expired or has been revoked may be reissued upon payment of the appropriate fee and submission of a new application for a permit as provided in K.S.A. 65-165 and 65-166, and amendments thereto.
(c) A permit shall be required for:
(1) Any confined feeding facility with an animal unit capacity of 300 through 999, if the secretary determines that the facility has significant water pollution potential; and
(2) any confined feeding facility with an animal unit capacity of 1,000 or more.
(d) At no time shall the annual permit fee for a confined feeding facility exceed:
(1) $25 for facilities with an animal unit capacity of not more than 999;
(2) $100 for facilities with an animal unit capacity of 1,000 through 4,999;
(3) $200 for facilities with an animal unit capacity of 5,000 through 9,999; or
(4) $400 for facilities with an animal unit capacity of 10,000 or more.
(e) Annual permit fees for any truck washing facility for animal wastes shall be as follows:
(1) For a private truck washing facility for animal wastes with two or fewer trucks, not more than $25;
(2) for a private truck washing facility for animal wastes with three or more trucks, not more than $200; and
(3) for a commercial truck washing facility for animal wastes, not more than $320.
(f) The secretary of health and environment shall remit all moneys received from the fees established pursuant to this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the water program management fund created in K.S.A. 65-166b, and amendments thereto.
(g) Any confined feeding facility with an animal unit capacity of fewer than 300 may be required to obtain a permit from the secretary if the secretary determines that such facility has significant water pollution potential.
(h) Any confined feeding facility not otherwise required to obtain a permit or certification may obtain a permit or certification from the secretary. Any such facility obtaining a permit shall pay an annual permit fee of not more than $25.
History: L. 1973, ch. 255, § 1; L. 1974, ch. 352, § 28; L. 1984, ch. 222, § 1; L. 1994, ch. 213, § 2; L. 2001, ch. 5, § 211; L. 2003, ch. 118, § 1; L. 2014, ch. 30, § 2; L. 2025, ch. 20, § 1; July 1.
§ 65-166b Water program management fund
(a) There is hereby created in the state treasury the water program management fund. The secretary shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the secretary from the following sources:
(1) Water pollution control permit system fees imposed pursuant to K.S.A. 65-166a, and amendments thereto;
(2) operators of water supply system and wastewater treatment facility certification fees imposed pursuant to K.S.A. 65-4513, and amendments thereto;
(3) water well contractor fees imposed pursuant to K.S.A. 82a-1206, and amendments thereto;
(4) interest attributable to investment of moneys in the water program management fund;
(5) gifts, grants, reimbursements or appropriations intended to be used for the purposes of the fund, but excluding federal grants and cooperative agreements; and
(6) any other moneys provided by law.
Upon receipt of each such remittance, the state treasurer shall deposit in the state treasury any amount remitted pursuant to this subsection to the credit of the water program management fund.
(b) Moneys in the water program management fund shall be expended for the following purposes:
(1) Monitoring and investigating the quality of waters of the state;
(2) payment of the state's share of the clean water act matching costs, as required by the federal clean water act, 33 U.S.C. § 1256(d);
(3) payment for emergency action by the secretary as necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release from a wastewater treatment facility;
(4) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-159 through 65-171y, 65-4501 through 65-4517 and 82a-1201 through 82a-1219, and amendments thereto, including the cost of any additional employees or increased general operating costs of the department attributable therefore; and
(5) development of educational materials and programs for informing the public about water issues.
(c) Expenditures from the water program management fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or a person designated by the secretary.
(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the water program management fund interest earnings based on:
(1) The average daily balance of moneys in the water program management fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(e) The water program management fund shall be used for the purposes set forth in this act and for no other governmental purposes. It is the intent of the legislature that the fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(f) The secretary shall prepare and deliver to the legislature, on or before the first day of each regular legislative session, a report that summarizes all expenditures from the water program management fund, fund revenues and recommendations regarding the adequacy of the fund to support necessary water program management programs.
History: L. 2014, ch. 30, § 1; L. 2024, ch. 10, § 2; July 1.
§ 65-167 Sewage discharge; penalties for willful or negligent discharge of sewage without permit or in violation of terms of permit
Upon conviction, the penalty for the willful or negligent discharge of sewage into or from the sewer system of any municipality, township, county or legally constituted sewer district by the public authorities having, by law, charge thereof or by any person, company, corporation, institution, municipality or federal agency, into any of the waters of the state without a permit, as required by this act, or in violation of any term or condition of a permit issued by the secretary of health and environment, or in violation of any requirements made pursuant to K.S.A. 65-164, 65-165 or 65-166, and amendments thereto, shall be not less than $2,500 and not more than $25,000, and a further penalty of not more than $25,000 per day for each day the offense is maintained. The penalty for the discharge of sewage into or from any sewage system into any waters of the state without filing a report, in any case in which a report is required by this act to be filed shall be not less than $1,000 and not more than $10,000 per day for each day the offense is maintained.
History: L. 1907, ch. 382, § 7; L. 1909, ch. 226, § 3; R.S. 1923, 65-167; L. 1967, ch. 333, § 3; L. 1973, ch. 242, § 1; L. 1974, ch. 352, § 29; L. 1984, ch. 221, § 3; L. 1989, ch. 185, § 2; July 1.
§ 65-168 Repealed
History: L. 1907, ch. 382, § 8; R.S. 1923, 65-168; Repealed, L. 1967, ch. 333, § 7; April 28.
§ 65-169 Same; penalties for failure to comply with requirements of secretary
Any person, company, corporation, institution or municipality who shall fail to furnish, on demand, to the secretary of health and environment such information as may be required by said secretary under the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars ($50) and not more than five hundred dollars ($500). Any person, company, corporation, institution or municipality who shall fail to fully comply with the requirements of the secretary of health and environment herein authorized to be made shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25) and not more than one hundred dollars ($100) for each offense. The failure to comply with such requirements in each day in which such failure is made shall be considered to constitute a separate offense.
History: L. 1907, ch. 382, § 10; L. 1909, ch. 226, § 4; R.S. 1923, 65-169; L. 1974, ch. 352, § 30; July 1.
§ 65-170 Director of the division of environment; duties in carrying out the provisions of K.S.A. 65-161 through 65-170
For the purpose of carrying out the provisions of this act it shall be the duty of the director of the division of environment to investigate and report upon all matters relating to water supply and sewerage and the pollution of the waters of the state that may come before the secretary of health and environment for investigation or action, and to make such recommendations in relation thereto as the director may deem wise and proper, and to make such special investigations in relation to methods of sewage disposal and to public water supply and the purification of water as may be necessary in order to make proper recommendations in regard thereto, or as may be required by the secretary of health and environment.
Suits under the provisions of this act shall be brought in the name of the state of Kansas by the attorney general of the state in any court of competent jurisdiction, and the penalties and fines recoverable under the provisions of this act shall be paid to the state treasurer as provided in K.S.A. 20-2801 and amendments thereto.
History: L. 1907, ch. 382, § 11; L. 1909, ch. 226, § 5; R.S. 1923, 65-170; L. 1974, ch. 295, § 3; L. 1974, ch. 352, § 31; L. 1978, ch. 105, § 18; L. 1986, ch. 318, § 85; July 1.
§ 65-170a Public water supply systems, water pollution, sewage discharge; "person" defined
For the purposes of this act the word "person" shall mean any individual, company, corporation, institution, municipality, township, county, federal agency, or legally constituted sewer district.
History: L. 1973, ch. 244, § 1; April 18.
§ 65-170b Same; access to properties and facilities; inspection and monitoring requirements
In performing investigations or administrative functions relating to water pollution or a public water supply system as provided by K.S.A. 65-161 to 65-171j, inclusive, or any amendments thereto, the secretary of health and environment or the secretary's duly authorized representatives upon presenting appropriate credentials, may enter any property or facility which is subject to the provisions of K.S.A. 65-161 to 65-171j, inclusive, or any amendments thereto, for the purpose of observing, monitoring, collecting samples, examining records and facilities to determine compliance or noncompliance with state laws and rules and regulations relating to water pollution or public water supply.
The secretary of health and environment or the secretary's duly authorized representative shall make such requirements as they deem necessary relating to the inspection, monitoring, recording and reporting by any holder of a sewage discharge permit issued under K.S.A. 65-165, or any holder of a public water supply system permit issued under K.S.A. 65-163.
History: L. 1973, ch. 244, § 2; L. 1974, ch. 352, § 32; L. 1977, ch. 212, § 4; April 14.
§ 65-170c Penalties for making false statement, representation or certification
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under the provisions of K.S.A. 65-161 to 65-171h, inclusive, or any amendments thereto, or who falsified, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained pursuant to said statutes, shall be punished upon conviction by a fine of not less than twenty-five dollars ($25) and not more than ten thousand dollars ($10,000). Each day in which the failure to comply with such requirements or other violation continues shall constitute a separate offense.
History: L. 1973, ch. 244, § 3; April 18.
§ 65-170d Public water supply systems; pollution violations; penalties; procedure; hearings
(a) Any person who violates: (1) Any term or condition of any sewage discharge permit issued pursuant to K.S.A. 65-165, and amendments thereto; (2) any effluent standard or limitation or any water quality standard or other rule or regulation promulgated pursuant to K.S.A. 65-171d, and amendments thereto; (3) any filing requirement made pursuant to K.S.A. 65-164 or 65-166, and amendments thereto; (4) any reporting, inspection or monitoring requirement made pursuant to this act or K.S.A. 65-166, and amendments thereto; or (5) any lawful order or requirement of the secretary of health and environment shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of up to $10,000 for every such violation. In the case of a continuing violation, every day such violation continues shall, for the purpose of this act, be deemed a separate violation.
(b) The director of the division of environment, upon a finding that a person has violated any provision of subsection (a), may impose a penalty within the limits provided in this section, which penalty shall constitute an actual and substantial economic deterrent to the violation for which it is assessed.
(c) No such penalty shall be imposed except upon the written order of the director of the division of environment to such person stating the violation, the penalty to be imposed and the right of such person to appeal to the secretary of health and environment. Any such person may, within 15 days after service of the order make written request to the secretary of health and environment for a hearing thereon. The secretary of health and environment shall hear such person or persons in accordance with the provisions of the Kansas administrative procedure act within 30 days after receipt of such request.
(d) Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1973, ch. 244, § 4; L. 1974, ch. 352, § 33; L. 1986, ch. 318, § 86; L. 1988, ch. 356, § 180; L. 2010, ch. 17, § 112; July 1.
§ 65-170e Public water supply systems, water pollution, sewage discharge; action by attorney general; intervention in actions by persons having an identifiable interest
(a) The attorney general, upon the request of the secretary of health and environment, may bring an action in the name of the state of Kansas in the district court of the county in which any person who violates any of the provisions of this act may do business, to recover penalties or damages as provided by this act.
(b) Any person having an identifiable interest which is affected shall have the right to intervene in any civil actions brought under this section or K.S.A. 65-171b, and amendments thereto, or in administrative actions subsequent to the issuance of an administrative order by the agency pursuant to K.S.A. 65-164, 65-170d or 65-171d and amendments thereto or article 6 of chapter 77 of the Kansas Statutes Annotated to enforce the provisions of the national pollutant discharge elimination system program as approved by the administrator of the United States environmental protection agency pursuant to sections 318, 402 and 405 of the clean water act, as in effect on January 1, 1989, which seek:
(1) Restraint of persons from engaging in unauthorized activity which is endangering or causing damage to public health or the environment;
(2) injunction of threatened or continuing violations of this act, rules and regulations promulgated thereunder and permit conditions;
(3) assessment of civil penalties for violations of this act, rules and regulations promulgated thereunder, permit conditions or orders of the director of environment or secretary of health and environment.
History: L. 1973, ch. 244, § 5; L. 1974, ch. 352, § 34; L. 1989, ch. 185, § 3; L. 1990, ch. 340, § 3; July 1.
§ 65-170f Same; disposition of recovered penalties
Except as otherwise provided by K.S.A. 82a-952, all penalties recovered pursuant to the provisions of this act shall be deposited in the state treasury and credited to the state general fund.
History: L. 1973, ch. 244, § 6; L. 1989, ch. 186, § 30; July 1.
§ 65-170g Disclosure of information; trade secrets; confidential information
Records, reports, data or other information obtained relative to or from sources or potential sources of discharges of water pollutants shall be available to the public except that upon a showing satisfactory to the secretary of health and environment by any person that such records, reports, data or other information would divulge methods or processes entitled to protection as trade secrets under the uniform trade secrets act (K.S.A. 60-3320 et seq., and amendments thereto), then the secretary of health and environment shall consider such records, reports, data, or other information as confidential. Nothing in this act shall be construed to make confidential any effluent data, including records, reports or information and permits, draft permits and permit applications. Any such records, reports, data, or other information considered confidential may be made available to other officers, employees or authorized representatives of the federal, state and local government with responsibilities in water pollution control and additionally may be utilized in any proceeding whether civil or criminal.
History: L. 1973, ch. 256, § 1; L. 1974, ch. 352, § 35; L. 2005, ch. 67, § 5; July 1.
§ 65-171 Repealed
History: L. 1909, ch. 226, § 6; R.S. 1923, 65-171; Repealed, L. 1967, ch. 333, § 7; April 28.
§ 65-171a Stream pollution detrimental to animal or aquatic life
The authority of the secretary of health and environment in matters of stream pollution is hereby supplemented to include stream pollution found to be detrimental to public health or detrimental to the animal or aquatic life of the state.
History: L. 1927, ch. 239, § 1; L. 1974, ch. 352, § 36; July 1.
§ 65-171b Same; abatement
It shall be the duty of the attorney general, on presentation by the secretary of health and environment of evidence of abatable pollution of the surface waters detrimental to the animal or aquatic life in the state, to take such action as may be necessary to secure the abatement of such pollution.
History: L. 1927, ch. 239, § 2; L. 1974, ch. 352, § 37; July 1.
§ 65-171c Same; technical advisers
The secretary of health and environment shall have authority to appoint or employ such technical advisers as may be necessary in order to carry out the provisions of this act.
History: L. 1927, ch. 239, § 3; L. 1974, ch. 352, § 38; July 1.
§ 65-171d Prevention of water pollution; standards; permits; exemption; orders; hearings; appeals; fees; confined feeding facilities, registration prior to construction, separation distance requirements, exemptions
(a) For the purpose of preventing surface and subsurface water pollution and soil pollution detrimental to public health or to the plant, animal and aquatic life of the state, and to protect designated uses of the waters of the state and to require the treatment of sewage predicated upon technologically based effluent limitations, the secretary of health and environment shall make such rules and regulations, including registration of potential sources of pollution, as may in the secretary's judgment be necessary to: (1) Protect the soil and waters of the state from pollution resulting from underground storage of liquid petroleum gas and hydrocarbons, other than underground porosity storage of natural gas; (2) control the disposal, discharge or escape of sewage as defined in K.S.A. 65-164, and amendments thereto, by or from municipalities, corporations, companies, institutions, state agencies, federal agencies or individuals and any plants, works or facilities owned or operated, or both, by them; and (3) establish water quality standards for the waters of the state to protect their designated uses, including establishment of water quality standards variances that may apply to specified pollutants, permittees, or waterbody segments that reflect the highest attainable condition during the specified time period for the variance. In no event shall the secretary's authority be interpreted to include authority over the beneficial use of water, water quantity allocations, protection against water use impairment of a beneficial use, or any other function or authority under the jurisdiction of the Kansas water appropriation act, K.S.A. 82a-701, and amendments thereto.
(b) The secretary of health and environment may adopt by reference any regulation relating to water quality and effluent standards promulgated by the federal government pursuant to the provisions of the federal clean water act, and amendments thereto, as in effect on January 1, 1989, which the secretary is otherwise authorized by law to adopt.
(c) For the purposes of this act, including K.S.A. 65-161 through 65-171h and K.S.A. 65-1,178 through 65-1,198, and amendments thereto, and rules and regulations adopted pursuant thereto:
(1) "Pollution" means: (A) Such contamination or other alteration of the physical, chemical or biological properties of any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state or to other designated uses; or (B) such discharge as will or is likely to exceed state effluent standards predicated upon technologically based effluent limitations.
(2) "Confined feeding facility" means any building, lot, pen, pool or pond: (A) That is used for the confined feeding of animals or fowl for food, fur or pleasure purposes; (B) that is not normally used for raising crops; and (C) in which no vegetation intended for animal food is growing.
(3) (A) "Animal unit" means a unit of measurement calculated by adding the following numbers: The number of beef cattle weighing more than 700 pounds multiplied by 1.0; plus the number of cattle weighing less than 700 pounds multiplied by 0.5; plus the number of mature dairy cattle multiplied by 1.4; plus the number of swine weighing more than 55 pounds multiplied by 0.4; plus the number of swine weighing 55 pounds or less multiplied by 0.1; plus the number of sheep or lambs multiplied by 0.1; plus the number of horses multiplied by 2.0; plus the number of turkeys multiplied by 0.018; plus the number of laying hens or broilers, if the facility has continuous overflow watering, multiplied by 0.01; plus the number of laying hens or broilers, if the facility has a liquid manure system, multiplied by 0.033; plus the number of laying hens or broilers, if the facility has a dry manure system, multiplied by 0.003; plus the number of ducks multiplied by 0.2. However, each head of cattle will be counted as one full animal unit for the purpose of determining the need for a federal permit. A chicken facility using a dry manure system shall obtain a federal permit if 125,000 or more broilers, or 82,000 or more laying hens, are confined.
(B) "Animal unit" also includes the number of swine weighing 55 pounds or less multiplied by 0.1 for the purpose of determining applicable requirements for new construction of a confined feeding facility for which a permit or registration has not been issued before January 1, 1998, and for which an application for a permit or registration and plans have not been filed with the secretary of health and environment before January 1, 1998, or for the purpose of determining applicable requirements for expansion of such facility.
(C) Except as otherwise provided, animal units for public livestock markets shall be determined by using the average annual animal units sold by the market during the past five calendar years divided by 365. Such animal unit determination may be adjusted by the department if the public livestock market submits documentation that demonstrates that such adjustment is appropriate based on the amount of time in 24-hour increments or partials thereof that animals are at the market.
(4) "Animal unit capacity" means the maximum number of animal units that a confined feeding facility is designed to accommodate at any one time.
(5) "Habitable structure" means any of the following structures that are occupied or maintained in a condition that may be occupied and, in the case of a confined feeding facility for swine, are owned by a person other than the operator of such facility: A dwelling, church, school, adult care home, medical care facility, child care facility, library, community center, public building, office building or licensed food service or lodging establishment.
(6) "Wildlife refuge" means Cheyenne Bottoms wildlife management area, Cheyenne Bottoms preserve and Flint Hills, Quivera, Marais des Cygnes and Kirwin national wildlife refuges.
(d) In adopting rules and regulations, the secretary of health and environment, taking into account the varying conditions that are probable for each source of sewage and its possible place of disposal, discharge or escape, may provide for varying the control measures required in each case to those the secretary finds to be necessary to prevent pollution. If a freshwater reservoir or farm pond is privately owned and where complete ownership of land bordering the reservoir or pond is under common private ownership, such freshwater reservoir or farm pond shall be exempt from water quality standards except as it relates to water discharge or seepage from the reservoir or pond to waters of the state, either surface or groundwater, or as it relates to the public health of persons using the reservoir or pond or waters therefrom.
(e) (1) Whenever the secretary of health and environment or the secretary's duly authorized agents find that storage or disposal of salt water not regulated by the state corporation commission or refuse in any surface pond not regulated by the state corporation commission is causing or is likely to cause pollution of soil or waters of the state, the secretary or the secretary's duly authorized agents shall issue an order prohibiting such storage or disposal of salt water or refuse. Any person aggrieved by such order may within 15 days of service of the order request in writing a hearing on the order.
(2) Upon receipt of a timely request, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(3) Any action of the secretary pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
(f) The secretary may adopt rules and regulations establishing fees for plan approval, monitoring and inspecting underground or buried petroleum products storage tanks, for which the annual fee shall not exceed $5 for each tank in place.
(g) (1) Prior to any new construction of a confined feeding facility with an animal unit capacity of 300 or more, such facility shall register with the secretary of health and environment. Such registration shall be accompanied by a $25 fee. The secretary shall acknowledge the receipt of the registration in a form as designated by the secretary and publish a notice of such receipt.
(2) Such registration shall indicate that the proposed construction will occur within the prescribed tract of land and that the separation distances from the tract boundaries or proposed facility footprint comply with the requirements described in subsections (j), (l) and (m) or exceptions described in (k).
(3) Within 30 days of receipt of such registration, the department of health and environment shall identify any significant water pollution potential or separation distance violations pursuant to subsection (j).
(A) (i) If the proposed facility has an animal unit capacity of 1,000 or more, or if a significant water pollution potential is identified for a facility of less than 1,000 but more than 300, such facility shall be required to obtain a permit from the secretary.
(ii) If there is no identified water pollution potential posed by a facility with an animal unit capacity of 300 or more but less than 1,000, the secretary shall certify that no permit is required.
(B) If the secretary certifies that no permit is necessary pursuant to subsection (g)(3)(A)(ii), the secretary shall take the following action in regard to separation distances of such facility:
(i) If the separation distances comply with the requirements for separation distances, the secretary shall certify the registration; or
(ii) if the separation distances do not comply with the requirements for separation distances, the secretary:
(a) May reduce the separation distance requirements pursuant to subsection (k) and certify the registration based on such reduction of separation distances; or
(b) shall report the conditions necessary to receive certification to the registrant.
(h) (1) Facilities with a capacity of less than 300 animal units may register with the secretary of health and environment. Such registration shall be accompanied by a $25 fee.
(2) Within 30 days of receipt of such registration, the department of health and environment shall identify any significant water pollution potential. If there is identified a significant water pollution potential, such facility shall be required to obtain a permit from the secretary. If there is no water pollution potential posed by such facility, the secretary may certify that no permit is required.
(i) (1) If a facility requires a permit pursuant to subsection (g)(3) or (h)(2), the registrant shall submit an application for such permit not later than 18 months after the date of receipt of registration or the registration shall expire.
(2) Upon petition by the registrant, the secretary may extend the application period, by no more than an additional 18 months, if the secretary believes such an extension is reasonable under the circumstances.
(3) Within 30 days of receipt of an application, the secretary shall notify the registrant of whether the application is complete or incomplete. If the application is incomplete, such notice shall state the reasons why such application is incomplete. Once such registrant submits an application properly addressing each reason listed as a basis for the determination that the application is incomplete, the secretary shall issue an acknowledgment of receipt of the completed application within 30 days of properly addressing such reasons.
(4) Upon expiration of the application period or any extension thereof, the secretary shall not accept any further registrations pertaining to the same location for a period of not less than 180 days.
(j) (1) Any new construction or new expansion of a confined feeding facility, other than a confined feeding facility for swine, shall meet or exceed the following requirements in separation distances from any habitable structure in existence when the registration is received:
(A) 1,320 feet for facilities with an animal unit capacity of 300 to 999; and
(B) 4,000 feet for facilities with an animal unit capacity of 1,000 or more.
(2) A confined feeding facility for swine shall meet or exceed the following requirements in separation distances from any habitable structure or city, county, state or federal park in existence when the registration is received:
(A) 1,320 feet for facilities with an animal unit capacity of 300 to 999;
(B) 4,000 feet for facilities with an animal unit capacity of 1,000 to 3,724;
(C) 4,000 feet for expansion of existing facilities to an animal unit capacity of 3,725 or more if such expansion is within the perimeter from which separation distances are determined pursuant to subsection (m) for the existing facility; and
(D) 5,000 feet for: (i) Construction of new facilities with an animal unit capacity of 3,725 or more; or (ii) expansion of existing facilities to an animal unit capacity of 3,725 or more if such expansion extends outside the perimeter from which separation distances are determined pursuant to subsection (m) for the existing facility.
(3) Any construction of new confined feeding facilities for swine shall meet or exceed the following requirements in separation distances from any wildlife refuge:
(A) 10,000 feet for facilities with an animal unit capacity of 1,000 to 3,724; and
(B) 16,000 feet for facilities with an animal unit capacity of 3,725 or more.
(k) (1) The separation distance requirements of subsections (j)(1) and (2) shall not apply if the registrant obtains a written agreement from all owners of habitable structures that are within the separation distance stating such owners are aware of the construction or expansion and have no objections to such construction or expansion. The written agreement shall be filed in the register of deeds office of the county in which the habitable structure is located.
(2) (A) The secretary may reduce the separation distance requirements of subsection (j)(1) if: (i) No substantial objection from owners of habitable structures within the separation distance is received in response to public notice; or (ii) the board of county commissioners of the county where the confined feeding facility is located submits a written request seeking a reduction of separation distances.
(B) The secretary may reduce the separation distance requirements of subsection (j)(2)(A) or (B) if: (i) No substantial objection from owners of habitable structures within the separation distance is received in response to notice given in accordance with subsection (n); (ii) the board of county commissioners of the county where the confined feeding facility is located submits a written request seeking a reduction of separation distances; or (iii) the secretary determines that technology exists that meets or exceeds the effect of the required separation distance and the facility will be using such technology.
(C) The secretary may reduce the separation distance requirements of subsection (j)(2)(C) or (D) if: (i) No substantial objection from owners of habitable structures within the separation distance is received in response to notice given in accordance with subsection (l); or (ii) the secretary determines that technology exists that meets or exceeds the effect of the required separation distance and the facility will be using such technology.
(l) (1) The separation distances required pursuant to subsection (j)(1) shall not apply to:
(A) Confined feeding facilities that were permitted or certified by the secretary on July 1, 1994;
(B) confined feeding facilities that existed on July 1, 1994, and registered with the secretary before July 1, 1996; or
(C) expansion of a confined feeding facility, including any expansion for which an application was pending on July 1, 1994, if: (i) In the case of a facility with an animal unit capacity of 1,000 or more prior to July 1, 1994, the expansion is located at a distance not less than the distance between the facility and the nearest habitable structure prior to the expansion; or (ii) in the case of a facility with an animal unit capacity of less than 1,000 prior to July 1, 1994, the expansion is located at a distance not less than the distance between the facility and the nearest habitable structure prior to the expansion and the animal unit capacity of the facility after expansion does not exceed 2,000.
(2) The separation distances required pursuant to subsections (j)(2)(A) and (B) shall not apply to:
(A) Confined feeding facilities for swine which were permitted or certified by the secretary on July 1, 1994;
(B) confined feeding facilities for swine which existed on July 1, 1994, and registered with the secretary before July 1, 1996; or
(C) expansion of a confined feeding facility which existed on July 1, 1994, if: (i) In the case of a facility with an animal unit capacity of 1,000 or more prior to July 1, 1994, the expansion is located at a distance not less than the distance between the facility and the nearest habitable structure prior to the expansion; or (ii) in the case of a facility with an animal unit capacity of less than 1,000 prior to July 1, 1994, the expansion is located at a distance not less than the distance between the facility and the nearest habitable structure prior to the expansion and the animal unit capacity of the facility after expansion does not exceed 2,000.
(3) The separation distances required pursuant to subsections (j)(2)(C) and (D) and (h)(3) shall not apply to the following, as determined in accordance with subsections K.S.A. 65-1,178(a), (e) and (f), and amendments thereto:
(A) Expansion of an existing confined feeding facility for swine if an application for such expansion has been received by the department before March 1, 1998; and
(B) construction of a new confined feeding facility for swine if an application for such facility has been received by the department before March 1, 1998.
(m) The separation distances required by this section for confined feeding facilities for swine shall be determined from the exterior perimeter of any buildings utilized for housing swine, any lots containing swine, any swine waste retention lagoons or ponds or other manure or wastewater storage structures and any additional areas designated by the registrant for future expansion. Such separation distances shall not apply to offices, dwellings and feed production facilities of a confined feeding facility for swine.
(n) The registrant shall give the notice required by subsections (k)(2)(B) and (C) by certified mail, return receipt requested, to all owners of habitable structures within the separation distance. The registrant shall submit to the department evidence, satisfactory to the department, that such notice has been given.
(o) All plans and specifications submitted to the department for new construction or new expansion of confined feeding facilities may be, but are not required to be, prepared by a professional engineer or a consultant, as approved by the department. Before approval by the department, any consultant preparing such plans and specifications shall submit to the department evidence, satisfactory to the department, of adequate general commercial liability insurance coverage.
History: L. 1933, ch. 85, § 1 (Special Session); L. 1945, ch. 234, § 1; L. 1953, ch. 284, § 1; L. 1957, ch. 333, § 1; L. 1967, ch. 333, § 4; L. 1971, ch. 201, § 1; L. 1974, ch. 247, § 2; L. 1974, ch. 352, § 39; L. 1984, ch. 222, § 2; L. 1986, ch. 204, § 6; L. 1986, ch. 201, § 22; L. 1988, ch. 356, § 181; L. 1989, ch. 185, § 4; L. 1994, ch. 213, § 1; L. 1995, ch. 204, § 13; L. 1997, ch. 139, § 2; L. 1998, ch. 143, § 1; L. 2001, ch. 160, § 15; L. 2002, ch. 164, § 1; L. 2003, ch. 118, § 2; L. 2010, ch. 17, § 113; L. 2013, ch. 68, § 1; L. 2015, ch. 35, § 4; L. 2018, ch. 12, § 1; July 1.
§ 65-171e Same; investigations, services and orders; fees
All investigations, services and orders rendered, issued or promulgated under the provisions of K.S.A. 65-171d, and amendments thereto, shall be made by such agency, section or division of the department of health and environment, or any of them, as may be designated by the secretary of health and environment, and all fees collected shall be remitted by the secretary to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1933, ch. 85, § 2 (Special Session); L. 1949, ch. 327, § 1; L. 1974, ch. 352, § 40; L. 1975, ch. 312, § 3; L. 2001, ch. 5, § 212; July 1.
§ 65-171f Same; penalties for failure to comply with rules and regulations
Every public authority having by law the charge of the sewer system of any municipality, township, county or legally constituted sewer district or any person, company, corporation, institution, municipality or federal agency that shall willfully or negligently, fail to comply with the rules, regulations and orders of the secretary of health and environment authorized by K.S.A. 65-171d, as amended, shall be punished upon conviction by a fine of not less than twenty-five dollars ($25) and not more than ten thousand dollars ($10,000). Each day in which the failure to comply with such requirements and orders continues shall constitute a separate offense.
History: L. 1933, ch. 85, § 3 (Special Session); L. 1949, ch. 327, § 2; L. 1973, ch. 243, § 1; L. 1974, ch. 352, § 41; July 1.
§ 65-171g Protection of water and air from sewage contamination
Water supply shall be protected against contamination from sewage by the prohibition of any connection between sewage and water systems which provide the possibility of water contamination by means of back syphonage or direct connection. Air in enclosed spaces shall be protected against contamination from toxic, explosive, or disagreeable gases or vapors from a sewage system by providing leak-tight and substantial waste and ventilation connections, and liquid sealed traps on all plumbing fixtures discharging into any type of sewage disposal systems.
History: L. 1951, ch. 363, § 1; June 30.
§ 65-171h Minimum standards for sanitary water and sewage systems
The secretary of health and environment in pursuance of his general power of supervision over the interests of the health and life of the citizens of this state, and the sanitary conditions under which they live and in order to protect the quality of the waters of the state for beneficial uses is hereby authorized and empowered to develop, assemble, compile, approve and publish minimum standards of design, construction, and maintenance of sanitary water and sewage systems, and shall publish and make available such approved minimum standards to municipalities, communities and citizens of this state, and shall from time to time make recommendations to the appropriate committees of the legislature, for any legislation that may be required to adequately protect air in enclosed spaces, and water supply from contamination.
History: L. 1951, ch. 363, § 2; L. 1967, ch. 333, § 5; L. 1974, ch. 352, § 42; July 1.
§ 65-171i Feedlot law administration not affected by this act
Nothing in this act [*] shall be construed as limiting the authority of the state animal health commissioner in matters concerning the administration of the law concerning feedlots, K.S.A. 47-1501 et seq., and amendments thereto.
History: L. 1967, ch. 333, § 6; L. 1989, ch. 156, § 63; L. 2012, ch. 140, § 110; July 1.
§ 65-171j Discharge of substances containing mercury into waters of state prohibited; penalty
(a) As used in this act:
(1) "Waters of the state" shall be defined as stated in K.S.A. 65-161; and
(2) "Person" means any individual, firm, partnership, corporation or other association of persons.
(b) It is hereby prohibited for any person, directly or indirectly, to discharge into the waters of the state any substance containing mercury or any compound or derivative of mercury in any quantity which is or may become injurious to the public health, safety or welfare; or which is or may become injurious to domestic, commercial, industrial, agricultural, recreational or other uses which are being or may be made of such waters; or which is or may become injurious to the value or utility of riparian lands; or which is or may become injurious to livestock, wild animals, birds, fish, aquatic life or plants or the growth or propagation thereof be prevented or injuriously affected; or whereby the value of fish and game is or may be destroyed or impaired.
(c) Any person who violates this section shall be guilty of [a] class B misdemeanor.
History: L. 1971, ch. 202, § 1; July 1.
§ 65-171k Repealed
History: L. 1976, ch. 260, § 1; Repealed, L. 1991, ch. 179, § 2; July 1.
§ 65-171l Same; analyses to performed by laboratory certificated by secretary
Whenever any water sample analysis is required by the secretary of health and environment for the purposes of any permit or application for a permit under K.S.A. 65-163, 65-165 or 65-171d, or any amendments thereto, such water sample analysis shall be performed by a laboratory which has been certified and approved by the secretary of health and environment pursuant to this act and any rules and regulations adopted hereunder.
History: L. 1976, ch. 260, § 2; July 1.
§ 65-171m Public water supply systems; primary drinking water standards; rules and regulations, authority to adopt, scope; stringency of standards; requiring fluorides prohibited
The secretary of health and environment shall adopt rules and regulations for the implementation of this act [*]. In addition to procedural rules and regulations, the secretary may adopt rules and regulations providing for but not limited to: (a) Primary drinking water standards applicable to all public water supply systems in the state. The primary drinking water standards may (1) identify contaminants which may have an adverse effect on the health of persons; (2) specify for each contaminant either a maximum contaminant level that is acceptable in water for human consumption, if it is economically and technologically feasible to ascertain the level of such contaminant in water in public water supply systems; or the treatment techniques or methods which lead to a reduction of the level of the contaminant sufficient to protect the public health, if it is not economically or technologically feasible to ascertain the level of the contaminant in the water in the public water supply system; and (b) establish the requirements for adequate monitoring, maintenance of records and submission of reports, sampling and analysis of water, citing criteria and review and inspections to insure compliance with the contaminant levels or methods of treatment and to insure proper operation and maintenance of the public water supply system; and (c) the definition of different categories of public water supply systems such as community water supply systems and noncommunity water supply systems and may provide for varying requirements for monitoring, maintenance of records and reporting, sampling and analysis of water, citing criteria, and review and inspections based on numbers of persons served, source of supply whether surface or groundwater or other conditions as the secretary may determine to be in the interest of public health and welfare and economic benefits.
The standards established under this section shall be at least as stringent as the national primary drinking water regulations adopted under public law 93-523. No primary drinking water standard or rule and regulation may require the addition of fluorides to public water supplies.
History: L. 1977, ch. 212, § 5; April 14.
§ 65-171n Same; development of emergency plans by secretary
The secretary of health and environment shall develop plans for emergency conditions and situations that may endanger the public health or welfare by contamination of drinking water. The plans shall identify potential sources of contaminants, situations or conditions that could place the contaminants in the public drinking water, techniques and methods to be used by public water supply systems to reduce or eliminate the dangers to public health caused by the emergency situations or conditions, methods and times for analysis or testing during emergency situations or conditions, alternate sources of water available to public water supply systems and methods of supplying drinking water to consumers if a public water supply system cannot supply the water.
History: L. 1977, ch. 212, § 6; April 14.
§ 65-171o Public water supply systems; suppliers to provide notice, when; form of notice
The secretary of health and environment may require a supplier of water to give notice to the persons served by the public water supply system and to the secretary of health and environment whenever the public water supply system:
(a) Is not in compliance with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, a primary drinking water standard adopted under K.S.A. 65-171m, and amendments thereto; or
(b) fails to perform monitoring, testing, analyzing or sampling as required; or
(c) is subject to a variance or exception; or
(d) is not in compliance with the requirements prescribed by a variance or exemption; or
(e) is subject to potential lead contamination from either or both of the following: (1) The lead content in the construction materials of the public water distribution system; (2) corrosivity of the water supply sufficient to cause leaching of lead.
The secretary of health and environment shall by rule and regulation prescribe the form and manner for giving such notice.
History: L. 1977, ch. 212, § 7; L. 1979, ch. 190, § 1; L. 1988, ch. 248, § 1; April 21.
§ 65-171p Public water supply systems; variances; conditions; notice; requests for public hearing; scheduled compliance
(a) The secretary of health and environment may grant a variance from an applicable primary drinking water standard to a public water supply system where the variance will not result in an unreasonable risk to the public health and where, because of the characteristics of the raw water sources reasonably available to the public water supply system, the public water supply system cannot meet the maximum contaminant levels of the primary drinking water standards despite application of the best technology, treatment techniques or other means which the secretary finds are generally available, taking costs into consideration.
(b) Prior to granting a variance, the secretary shall provide notice in a newspaper of general circulation serving the area served by the public water supply system of the proposed variance and that interested persons may request a public hearing on the proposed variance. If a public hearing is requested the secretary shall set a time and place for the hearing. The hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Frivolous or insubstantial requests for a hearing may be denied by the secretary.
(c) A variance shall be conditioned on monitoring, testing, analyzing or other requirements to insure the protection of the public health. A variance granted shall include a schedule of compliance under which the public water supply system is required to meet each contaminant level for which a variance is granted within a reasonable time as specified by the secretary.
History: L. 1977, ch. 212, § 8; L. 1988, ch. 356, § 182; July 1, 1989.
§ 65-171q Same; exemptions; required findings; notice; requests for public hearings; scheduled compliance
(a) The secretary of health and environment may grant an exemption from any requirement relating to a maximum contaminant level or from any treatment technique requirement, or from both, of an applicable primary drinking water standard to a public water supply system upon a finding that: (1) The exemption will not result in an unreasonable risk to the public health; (2) the public water supply system is unable to comply with the contaminant level or treatment technique requirement due to compelling factors, which may include economic factors; and (3) the public water supply system was in operation on the effective date of the contaminant level or treatment technique requirement.
(b) Prior to granting an exemption, the secretary shall provide notice in a newspaper of general circulation serving the area served by the public water supply system of the proposed exemption and that interested persons may request a public hearing on the proposed exemption.
(c) If a public hearing is requested the secretary shall set a time and place for the hearing. Frivolous and insubstantial requests for a hearing may be denied by the secretary. An exemption shall be conditioned on monitoring, testing, analyzing or other requirements to insure the protection of the public health. An exemption granted shall include a schedule of compliance under which the public water supply system is required to meet each contaminant level or treatment technique requirement for which an exemption is granted within a reasonable time as specified by the secretary.
History: L. 1977, ch. 212, § 9; April 14.
§ 65-171r Public water supply systems; prohibited acts
The following acts are prohibited:
(a) The operation of a public water supply system without first obtaining a valid public water supply system permit under K.S.A. 65-163, and amendments thereto;
(b) the operation of a public water supply system in violation of the conditions of the public water supply system permit under K.S.A. 65-163, and amendments thereto;
(c) the failure of a supplier of water under investigation to furnish information to the secretary under K.S.A. 65-163, and amendments thereto;
(d) the failure of a supplier of water to comply with any final order of the secretary issued under the provisions of K.S.A. 65-163 or 65-163a, and amendments thereto;
(e) the failure of a supplier of water to comply with a primary drinking water standard established under K.S.A. 65-171m, and amendments thereto, and rules and regulations adopted pursuant thereto unless a variance or exception has been granted;
(f) the failure of a supplier of water to comply with the rules and regulations of the secretary for monitoring, maintenance of records and submission of reports, sampling and analysis of water and inspections adopted under K.S.A. 65-171m, and amendments thereto;
(g) the failure of a supplier of water to give notice as required under K.S.A. 65-171o, and amendments thereto, and rules and regulations adopted pursuant thereto;
(h) using any pipe, solder or flux in the installation or repair of any public water supply system or any plumbing in a residential or nonresidential facility providing water for human consumption, that is not lead-free;
(i) the sale of unmarked lead solders and fluxes. A seller of lead solders and fluxes in Kansas shall not sell any solder or flux containing more than .2% lead unless the seller displays a sign and a label is affixed to such product that states: "Contains lead: Kansas law and federal law prohibits the use of this product in any plumbing installation providing water for human consumption.";
(j) the application of fertilizers, pesticides or other chemicals by any person through any lawn irrigation system connected to a public water supply system except that in areas where the public water supply system has adopted a program for the detection and elimination of cross connections and prevention of backflow and backsyphonage that has been approved by the secretary of health and environment, such application may be permitted by the public water supply system upon its periodic inspection and current approval of the installed air gap or reduced pressure zone backflow prevention device that isolates the irrigation system; and
(k) the use by any person of a public water supply system as a source of make-up water for bulk chemical application tanks except that: (1) In areas where the public water supply system has adopted a program for the detection and elimination of cross connections and prevention of backflow and backsyphonage that has been approved by the secretary of health and environment, such use may be permitted by the public water supply system upon its periodic inspection and current approval of an air gap or reduced pressure zone backflow prevention device to protect the public water supply; and (2) in areas where the public water supply system has not adopted a program approved by the secretary of health and environment, such use shall be permitted if an air gap or reduced pressure zone backflow prevention device is used and such device meets nationally recognized standards, as determined by the secretary of health and environment.
History: L. 1977, ch. 212, § 10; L. 1988, ch. 248, § 2; L. 1991, ch. 180, § 1; L. 2024, ch. 17, § 1; July 1.
§ 65-171s Same; violation of standards; penalties; procedure; hearing; judicial review
(a) Any person who violates any provision of K.S.A. 65-171r, and amendments thereto, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount not more than $5,000 for each violation. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation. The secretary, upon a finding that a person has violated any provision of K.S.A. 65-171r, and amendments thereto, may impose upon the person a civil penalty of not to exceed the limitations provided in this section. In determining the amount of the civil penalty, the secretary shall take into consideration all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs and any corrective actions taken.
(b) All civil penalties assessed shall be due and payable within 35 days after written notice of the imposition of a civil penalty is served on the person upon whom the penalty is being imposed, unless a longer period of time is granted by the secretary or unless the person appeals the assessment as provided in this section.
(c) No civil penalty shall be imposed under this section except upon the written order of the secretary to the person upon whom the penalty is to be imposed, stating the nature of the violation, the penalty imposed and the right of the person upon whom the penalty is imposed to appeal to the secretary for a hearing on the matter. A person upon whom a civil penalty has been imposed may appeal, within 15 days after service of the order imposing the civil penalty, to the secretary. If appealed, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. The decision of the secretary shall be final unless review is sought under subsection (d).
(d) Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1977, ch. 212, § 11; L. 1986, ch. 318, § 87; L. 1988, ch. 356, § 183; L. 2010, ch. 17, § 114; July 1.
§ 65-171t Same; attorney general to seek injunctive relief
The attorney general, upon the request of the secretary of health and environment, shall bring an action in the name of the state of Kansas to seek injunctive relief to prevent the violation, or to enjoin any continuing violation, of any provision of this act [] or any rule and regulation adopted pursuant to the provisions of this act [].
History: L. 1977, ch. 212, § 12; April 14.
§ 65-171u Liability for damages to environment; recovery by attorney general, when; disposition of damages recovered
As used in this act, "person" means any individual, company, corporation, institution, municipality, township, county, federal agency or legally constituted sewer district. Any person who violates any of the provisions of K.S.A. 65-161 to 65-171, inclusive, or any duty imposed therein or who violates an order or other determination of the secretary of health and environment or authorized representatives of such secretary made pursuant to the provisions of such sections, including the stipulations of conditions of a permit to discharge sewage, and, in the course thereof, causes the death of, or injury to, fish, animals, vegetation or other resources of the state whether natural or structural, or otherwise causes a reduction in the quality of the waters of the state below the standards set by the secretary of health and environment, thereby damaging the same, shall be liable to pay the state damages in an amount equal to the sum of money necessary to restock such waters, replenish or replace such resources and otherwise restore the stream, lake or other water source to its condition prior to the injury, as such condition is determined by the division of environment of the department of health and environment. Such damages shall not include damages to private rights or persons or damages to such person. If the person responsible for damage to resources fails to promptly submit payment for damages to resources of the state when notified in reasonable detail, then such damages shall be recoverable in an action brought by the attorney general on behalf of the people of the state of Kansas in the district court of the county in which such damages occurred. If damages occurred in more than one county the attorney general may bring action in any of the counties where the damages occurred. Any money so recovered by the attorney general shall be transferred to the agency of the state having jurisdiction over the resource damaged and for which said moneys were recovered, as appropriate. The agency receiving such money shall utilize the same on activities or projects to remedy the resources damaged. No action shall be authorized under this section against any person operating in compliance with the conditions of a waste discharge permit issued pursuant to K.S.A. 65-165.
History: L. 1979, ch. 269, § 1; July 1.
§ 65-171v Responsibility of cleanup operations for water or soil pollutants; definitions; duties of secretary; recovery of costs by attorney general and disposition thereof; penalties
(a) As used in this section:
(1) "Cleanup" means all actions necessary to contain, collect, control, identify, analyze, treat, disperse, remove or dispose of a pollutant necessary to restore the environment to the extent practicable and minimize the harmful effects from the release;
(2) "cleanup costs" means all costs incurred by the state during a cleanup of a release of a pollutant, including costs necessary for regulator oversight of the cleanup;
(3) "emergency" means any release that poses an imminent risk to public health or the environment;
(4) "person" means any individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency;
(5) "pollutant" means any substance that alters the natural physical, chemical or biological properties of any waters or soils of the state so as to render such waters or soils harmful, detrimental or injurious to public health, or to the plant, animal or aquatic life of the state or to other designated uses. "Pollutant" does not include any animal or crop waste or manure on an agricultural operation or in an agricultural facility; and
(6) "release" means any threatened or real emission, discharge, spillage, leakage, pumping, pouring, emptying, escape or dumping of a pollutant into or onto the waters or soil of the state, except when done in compliance with the conditions of a federal or state permit or in accordance with the product label or as part of normal agricultural activities.
(b) For the purpose of preventing water and soil pollution detrimental to public health or the environment, the secretary of health and environment shall:
(1) Adopt rules and regulations that, in the secretary's judgment, are necessary to respond to and report the release of a pollutant;
(2) designate a 24-hour statewide telephone number whereby the notice of any release of a pollutant may be made;
(3) provide minimum reportable quantities;
(4) order a person responsible for the release of a pollutant to perform a cleanup of the release; and
(5) take necessary action to perform a cleanup of a release if the person responsible for the release cannot be identified within a reasonable period of time.
(c) The secretary may:
(1) Provide technical guidance, oversight and assistance to other state agencies, political subdivisions of the state and other persons for the cleanup of and response to the release of a pollutant;
(2) take necessary action to perform a cleanup of a release of a pollutant if a person responsible for the release fails to take reasonable actions required by the secretary to perform a cleanup of the release; and
(3) perform a cleanup of a release of a pollutant if the release poses an emergency.
(d) (1) Whenever a pollutant is released intentionally, accidentally or inadvertently, the person responsible for the release shall be responsible for the cleanup of the release.
(2) The person responsible for the release of any pollutant, regardless of phase or physical state, shall give notice to the department of health and environment when the release exceeds reportable quantities.
(3) The person responsible for the release shall be responsible for repayment of the cleanup costs incurred by the department upon reasonably detailed notice by the secretary or the secretary's designee. If the responsible party fails to submit payment for costs of the cleanup operations promptly after giving notice, repayment costs shall be recoverable in an action brought by the attorney general in the district court of the county where such costs were incurred.
(e) (1) Upon a finding that a person has violated any provision of this section or rules and regulations or orders adopted hereunder, the secretary may impose a penalty not to exceed $5,000. In the case of a continuing violation, the maximum penalty shall not exceed $15,000.
(2) Any moneys recovered under this section shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the emergency response activities account in the natural resources damages trust fund established pursuant to K.S.A. 75-5672(f), and amendments thereto.
(3) No penalty shall be imposed except after notice of the violation and an opportunity for a hearing upon the written order of the secretary issued to the person who committed the violation. The order shall state the violation, the penalty to be imposed and the right to request a hearing. The request for a hearing shall be in writing, directed to the secretary and filed with the secretary within 15 calendar days after service of such order. Hearings under this subsection shall be conducted in accordance with the Kansas administrative procedure act.
History: L. 1979, ch. 269, § 2; L. 2001, ch. 5, § 213; L. 2021, ch. 32, § 1; July 1.
§ 65-171w Repealed
History: L. 1979, ch. 269, § 3; Repealed, L. 2021, ch. 32, § 2; July 1.
§ 65-171x Application of acts to federal agencies
The provisions of K.S.A. 65-161 through 65-171w, and amendments thereto, and any rules and regulations adopted under the authority thereof shall apply to agencies of the United States government.
History: L. 1984, ch. 221, § 4; April 19.
§ 65-171y Public water supply system regulation of lawn irrigation systems
(a) Subject to the provisions of subsection (b), any lawn irrigation system which is not used for the application of fertilizers, pesticides or other chemicals shall not be deemed to be a high-hazard water system, and shall not be required to be equipped with a high-hazard backflow prevention device. Any such lawn irrigation system installed, renovated, replaced or extended on or after July 1, 1994, shall have at least a low-hazard double check valve assembly as a minimum level of backflow protection and any such valve on a new system installed after July 1, 1994, shall be installed in such a manner as to be easily accessible for inspection.
(b) A public water supply system operated by a city or county may impose any requirement, in addition to that provided by subsection (a), for backflow protection or prevention on lawn irrigation systems which are not used for the application of fertilizers, pesticides or other chemicals and which are connected to the public water supply system.
History: L. 1994, ch. 349, § 19; July 1.
§ 65-171z Repealed
History: L. 1933, ch. 85, § 1 (Special Session); L. 1945, ch. 234, § 1; L. 1953, ch. 284, § 1; L. 1957, ch. 333, § 1; L. 1967, ch. 333, § 4; L. 1971, ch. 201, § 1; L. 1974, ch. 247, § 2; L. 1974, ch. 352, § 39; L. 1984, ch. 222, § 2; L. 1986, ch. 204, § 6; L. 1986, ch. 201, § 22; L. 1988, ch. 356, § 181; L. 1989, ch. 185, § 4; L. 1994, ch. 213, § 1; L. 1995, ch. 204, § 13; L. 1997, ch. 139, § 2; L. 1998, ch. 143, § 1; L. 2001, ch. 191, § 15; Repealed, L. 2002, ch. 164, § 9; July 1.
§ 65-172 Sanitary supervision by secretary of health and environment
In the interest of the public health, and to prevent the spread of contagious and infectious diseases, the secretary of health and environment is charged with the sanitary supervision of all barber shops, barber schools, public bathhouses and public bathrooms in the state.
History: L. 1909, ch. 224, § 1; R.S. 1923, 65-172; L. 1974, ch. 352, § 43; July 1.
§ 65-173 Inspections; rules and regulations; penalty
The secretary of health and environment is hereby directed and empowered to inspect or cause to be inspected the places mentioned in K.S.A. 65-172, or any amendments thereto, and to make such rules and regulations as are necessary to safeguard the public health and to prevent the spread of contagious or infectious diseases; and any person violating any such rules or regulations shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars ($50) nor less than five dollars ($5).
History: L. 1909, ch. 224, § 2; R.S. 1923, 65-173; L. 1974, ch. 352, § 44; L. 1975, ch. 312, § 4; July 1.
§§ 65-174, 65-175 Repealed
History: L. 1935, ch. 235, §§ 1, 2; Repealed, L. 1967, ch. 334, § 1; July 1.
§ 65-176 Inspections; rules and regulations; reports; terms "sanitary conditions" and "health supervision" construed
The secretary of health and environment shall at intervals of not less than six (6) months inspect or cause to be inspected all state children's institutions. Such inspections shall be made under rules and regulations duly promulgated and adopted by the secretary of health and environment and shall be made sufficiently often to insure proper sanitary conditions and adequate health supervision at such institutions. The secretary shall prepare and submit findings and recommendations as to proper sanitary conditions and health supervision to the superintendent or officer in charge of such institutions and to the agency in charge of such institutions.
Said secretary shall prepare and submit to the governor and the legislature reports concerning such inspections, findings and recommendations as authorized and required by K.S.A. 75-3044. The terms "sanitary conditions" and "health supervision" shall be construed to include only those conditions and circumstances which pertain proximately and immediately to the physical health and well being of the persons residing in said institutions, and shall in no wise include matters pertaining to administrative policy and procedures, education, recreation, rehabilitation and psychiatric treatment programs, except insofar as the physical well being of said persons residing therein may be directly affected thereby.
History: L. 1949, ch. 422, § 1; L. 1951, ch. 356, § 1; L. 1965, ch. 369, § 1; L. 1974, ch. 352, § 45; L. 1975, ch. 312, § 5; July 1.
§ 65-177 Study of diseases and deaths from maternal, perinatal and anesthetic causes; "data" defined; medical records; confidentiality, use; liability, immunity; admissibility as evidence; reports, contents
(a) (1) "Data," as used in K.S.A. 65-177 through 65-179, and amendments thereto, includes all facts, information, records of interviews, written reports, statements, notes or memoranda secured in connection with an authorized medical research study.
(2) "Maternal death" means the death of any woman from any cause while pregnant or within one calendar year of the end of any pregnancy, regardless of the duration of the pregnancy or the site of the end of the pregnancy.
(b) (1) The secretary of health and environment shall have access to all law enforcement investigative information regarding a maternal death in Kansas, any autopsy records and coroner's investigative records relating to the death, any medical records of the mother and any records of the Kansas department for children and families or any other state social service agency that has provided services to the mother.
(2) The secretary may apply to the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any maternal death being investigated by the secretary. Any books, records or papers received by the secretary pursuant to the subpoena shall be confidential and privileged information and not subject to disclosure.
(c) The secretary of health and environment shall:
(1) Identify maternal death cases;
(2) review medical records and other relevant data;
(3) contact family members and other affected or involved persons to collect additional relevant data;
(4) consult with relevant experts to evaluate the records and data collected;
(5) make determinations regarding the preventability of maternal deaths;
(6) develop recommendations and actionable strategies to prevent maternal deaths; and
(7) disseminate findings and recommendations to the legislature, healthcare providers, healthcare facilities and the general public.
(d) (1) Healthcare providers licensed pursuant to chapters 65 and 74 of the Kansas Statutes Annotated, and amendments thereto, medical care facilities licensed pursuant to article 4 of chapter 65 of the Kansas Statues Annotated, and amendments thereto, maternity centers licensed pursuant to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and pharmacies licensed pursuant to article 16 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall provide reasonable access to all relevant medical records associated with a maternal death case under review by the secretary.
(2) A healthcare provider, medical care facility, maternity center or pharmacy providing access to medical records pursuant to this section shall not be held liable for civil damages or be subject to criminal or disciplinary administrative action for good faith efforts to provide such records.
(e) Information, records, reports, statements, notes, memoranda or other data collected pursuant to this section shall be privileged and confidential and shall not be admissible as evidence in any action of any kind in any court or before another tribunal, board, agency or person. Such information, records, reports, statements, notes, memoranda or other data shall not be exhibited nor their contents disclosed in any way, in whole or in part, by any officer or representative of the department of health and environment or any other person, except as may be necessary for the purpose of furthering the investigation of the case to which they relate. No person participating in such investigation shall disclose, in any manner, the information so obtained.
(f) (1) All proceedings and activities of the secretary or representatives of the secretary under this section, opinions of the secretary or representatives of the secretary formed as a result of such proceedings and activities and records obtained, created or maintained pursuant to this section, including records of interviews, written reports and statements procured by the secretary or any other person, agency or organization acting jointly or under contract with the department of health and environment in connection with the requirements of this section, shall be confidential and not subject to the provisions of the open records act or the open meetings act or subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. Nothing in this section shall be construed to limit or otherwise restrict the right to discover or use in any civil or criminal proceeding any document or record that is available and entirely independent of proceedings and activities of the secretary or representatives of the secretary under this section.
(2) The secretary or representatives of the secretary shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of an investigation. Nothing in this section shall be construed to prevent the secretary or representatives of the secretary from testifying to information obtained independently of this section or that is public information.
(g) Reports of aggregate non-individually identifiable data shall be compiled on a routine basis for distribution in an effort to further study the causes and problems associated with maternal deaths. Reports shall be distributed to healthcare providers and medical care facilities and other persons necessary to reduce the maternal death rate.
(h) The secretary of health and environment shall receive data secured in connection with medical research studies conducted for the purpose of reducing morbidity or mortality from maternal, perinatal and anesthetic causes. Such studies may be conducted by the secretary of health and environment and staff or with other qualified persons, agencies or organizations. If such studies are conducted with any funding not provided by the state of Kansas, then the source of such funding shall be clearly identified in such study. Where authorization to conduct such a study is granted by the secretary of health and environment, all data voluntarily made available to the secretary of health and environment in connection with such study shall be treated as confidential and shall be used solely for purposes of medical research. Research files and opinions expressed upon the evidence found in such research shall not be admissible as evidence in any action in any court or before any other tribunal, except that statistics or tables resulting from such data shall be admissible and may be received as evidence. This section shall not affect the right of any patient or such patient's guardians, representatives or heirs to require hospitals, physicians, sanatoriums, rest homes, nursing homes or other persons or agencies to furnish such patient's hospital record to such patient's representatives upon written authorization, or the admissibility in evidence thereof.
(i) No employee of the secretary of health and environment shall interview any patient named in any such report, nor any relative of any such patient, unless otherwise provided in K.S.A. 65-2422d, and amendments thereto. Nothing in this section shall prohibit the publication by the secretary of health and environment, or a duly authorized cooperating person, agency or organization, of final reports or statistical compilations derived from morbidity or mortality studies if such reports or compilations do not identify individuals, associations, corporations or institutions that were the subjects of such studies or reveal sources of information.
History: L. 1961, ch. 289, § 1; L. 1974, ch. 352, § 46; L. 2010, ch. 143, § 1; L. 2018, ch. 66, § 2; L. 2023, ch. 25, § 5; July 1.
§ 65-178 Same; nonliability for furnishing information for studies
The furnishing of data to the secretary of health and environment or his authorized representative, or to any other cooperating agency in such medical research study, shall not make any physician, hospital, sanatorium, rest home, nursing home or other persons or agency furnishing such data, subject to any action for damages or other relief.
History: L. 1961, ch. 289, § 2; L. 1974, ch. 352, § 47; July 1.
§ 65-179 Same; unauthorized disclosure; penalty; construction of act
Any disclosure of data in violation of the provisions of this act shall be a misdemeanor and punishable as such. Nothing herein contained shall be construed as conferring upon the secretary of health and environment the power to demand or require that any physician or other person furnish any data other than as may be expressly required by law.
History: L. 1961, ch. 289, § 3; L. 1974, ch. 352, § 48; July 1.
§ 65-180 Educational, screening, testing and follow-up program concerning phenylketonuria, congenital hypothyroidism, galactosemia, maple syrup urine disease and certain other genetic diseases; advance universal newborn screening program established; registry of cases; medically necessary food and treatment products; reimbursement of cost; eligibility; newborn screening programs; Kansas newborn screening fund; transfers from medical assistance fee fund; limitations. [See Revisor's Note]
There is hereby established an advance universal newborn screening program to be administered by the secretary of health and environment. The secretary of health and environment shall:
(a) Institute and carry on an intensive educational program among physicians, mid-level practitioners, as defined in K.S.A. 65-1626, and amendments thereto, hospitals, public health nurses and the public concerning conditions identified by the secretary in accordance with subsection (i). This educational program shall include information about the nature of such conditions and examinations for the detection thereof in early infancy in order that measures may be taken to prevent intellectual disability, physical disability or morbidity resulting from such conditions.
(b) Provide recognized screening tests for conditions identified by the secretary in accordance with subsection (i). The initial laboratory screening tests for these diseases shall be performed by the department of health and environment or its designee for all infants born in the state. Such services shall be performed without charge.
(c) Provide a follow-up program by providing test results and other information to identified physicians or mid-level practitioners as defined in K.S.A. 65-1626, and amendments thereto; locate infants with abnormal newborn screening test results; with parental consent, monitor infants to assure appropriate testing to either confirm or not confirm the disease suggested by the screening test results; with parental consent, monitor therapy and treatment for infants with confirmed diagnosis of conditions identified by the secretary in accordance with subsection (i) and establish ongoing education and support activities for individuals with confirmed diagnosis of such conditions.
(d) Maintain a registry of cases including information of importance for the purpose of follow-up services to support early diagnosis, treatment and services for healthy development and the prevention of disability or morbidity.
(e) Provide, within the limits of appropriations available therefor, the necessary treatment product for diagnosed conditions identified by the secretary in accordance with subsection (i) for as long as medically indicated and the product is not available through other state agencies. If the applicable income of the person or persons who have legal responsibility for the diagnosed individual meets medicaid eligibility, such individual's needs shall be covered under the medicaid state plan. If the applicable income of the person or persons who have legal responsibility for the diagnosed individual is not medicaid eligible, but is below 300% of the federal poverty level established under the most recent poverty guidelines issued by the United States department of health and human services, the department of health and environment shall provide reimbursement of between 50% to 100% of the product cost in accordance with rules and regulations adopted by the secretary of health and environment. If the applicable income of the person or persons who have legal responsibility for the diagnosed individual exceeds 300% of the federal poverty level established under the most recent poverty guidelines issued by the United States department of health and human services, the department of health and environment shall provide reimbursement of an amount not to exceed 50% of the product cost in accordance with rules and regulations adopted by the secretary of health and environment.
(f) Provide state assistance to an applicant pursuant to subsection (e) only after it has been shown that the applicant has exhausted all benefits from private third-party payers, medicare, medicaid and other government assistance programs and after consideration of the applicant's income and assets. The secretary of health and environment shall adopt rules and regulations establishing standards for determining eligibility for state assistance under this section.
(g) (1) Except for treatment products provided under subsection (e), the secretary of health and environment shall adopt rules and regulations as needed to determine eligibility for reimbursement to individuals for the purchase of medically necessary food treatment product for diagnosed conditions identified by the secretary in accordance with subsection (i).
(2) As an option to reimbursement authorized under paragraph (1), the department of health and environment may purchase medically necessary food treatment products for distribution to individuals diagnosed with conditions identified by the secretary in accordance with subsection (i).
(h) The department of health and environment shall continue to receive orders for both medically necessary treatment products and medically necessary food treatment products, purchase such products and deliver such products to an address prescribed by the diagnosed individual. The department of health and environment shall bill the person or persons who have legal responsibility for the diagnosed individual for a pro-rata share of the total costs, in accordance with the rules and regulations adopted pursuant to this section.
(i) The secretary of health and environment shall adopt rules and regulations as needed to require, to the extent of available funding, newborn screening tests to screen for treatable conditions. The secretary shall determine and identify the conditions to be included in the newborn screening tests, which may include, but not be limited to, conditions listed in the recommended uniform screening panel issued by the United States secretary of health and human services or another report determined by the department of health and environment to provide more appropriate newborn screening guidelines to protect the health and welfare of newborns for treatable conditions.
(j) In performing the duties under subsection (i), the secretary of health and environment shall appoint an advisory council to advise the department of health and environment on implementation of subsection (i).
(k) The department of health and environment shall periodically review the newborn screening program to determine the efficacy and cost effectiveness of the program and determine whether adjustments to the program are necessary to protect the health and welfare of newborns and to maximize the number of newborn screenings that may be conducted with the funding available for the screening program.
(l) There is hereby established in the state treasury the Kansas newborn screening fund, which shall be administered by the secretary of health and environment. All expenditures from the fund shall be for the newborn screening program. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee. On July 1 of each year, the director of accounts and reports shall determine the amount credited to the medical assistance fee fund pursuant to K.S.A. 40-3213, and amendments thereto, and shall transfer the estimated portion of such amount that is necessary to fund the newborn screening program for the ensuing fiscal year as certified by the secretary of health and environment or the secretary's designee to the Kansas newborn screening fund. Such amount shall not exceed $5,000,000.
History: L. 1965, ch. 388, § 1; L. 1974, ch. 352, § 49; L. 1977, ch. 213, § 1; L. 1984, ch. 223, § 1; L. 1985, ch. 205, § 1; L. 1994, ch. 262, § 4; L. 1997, ch. 117, § 1; L. 2006, ch. 158, § 1; L. 2007, ch. 177, § 23; L. 2012, ch. 91, § 39; L. 2012, ch. 114, § 1; L. 2017, ch. 94, § 6; L. 2020, ch. 5, § 160; L. 2021, ch. 98, § 174; L. 2022, ch. 81, § 178; L. 2023, ch. 82, § 174; L. 2024, ch. 88, § 182; L. 2025, ch. 93, § 1; July 1.
§ 65-180a Educational, screening, testing and follow-up program concerning phenylketonuria, congenital hypothyroidism, galactosemia, maple syrup urine disease and certain other genetic diseases; registry of cases; food and treatment products; reimbursement of cost; eligibility; newborn screening programs; Kansas newborn screening fund; transfers from medical assistance fee fund, limitations. [See Revisor's Note]
The secretary of health and environment shall:
(a) Institute and carry on an intensive educational program among physicians, hospitals, public health nurses and the public concerning congenital hypothyroidism, galactosemia, phenylketonuria and other genetic diseases detectable with the same specimen. This educational program shall include information about the nature of such conditions and examinations for the detection thereof in early infancy in order that measures may be taken to prevent intellectual disability or morbidity resulting from such conditions.
(b) Provide recognized screening tests for phenylketonuria, galactosemia, hypothyroidism and such other diseases as may be appropriately detected with the same specimen. The initial laboratory screening tests for these diseases shall be performed by the department of health and environment or its designee for all infants born in the state. Such services shall be performed without charge.
(c) Provide a follow-up program by providing test results and other information to identified physicians; locate infants with abnormal newborn screening test results; with parental consent, monitor infants to assure appropriate testing to either confirm or not confirm the disease suggested by the screening test results; with parental consent, monitor therapy and treatment for infants with confirmed diagnosis of congenital hypothyroidism, galactosemia, phenylketonuria or other genetic diseases being screened under this statute; and establish ongoing education and support activities for individuals with confirmed diagnosis of congenital hypothyroidism, galactosemia, phenylketonuria and other genetic diseases being screened under this statute and for the families of such individuals.
(d) Maintain a registry of cases including information of importance for the purpose of follow-up services to prevent intellectual disability or morbidity.
(e) Provide, within the limits of appropriations available therefor, the necessary treatment product for diagnosed cases for as long as medically indicated, when the product is not available through other state agencies. In addition to diagnosed cases under this section, diagnosed cases of maple syrup urine disease shall be included as a diagnosed case under this subsection. Where the applicable income of the person or persons who have legal responsibility for the diagnosed individual meets medicaid eligibility, such individuals' needs shall be covered under the medicaid state plan. Where the applicable income of the person or persons who have legal responsibility for the diagnosed individual is not medicaid eligible, but is below 300% of the federal poverty level established under the most recent poverty guidelines issued by the United States department of health and human services, the department of health and environment shall provide reimbursement of between 50% to 100% of the product cost in accordance with rules and regulations adopted by the secretary of health and environment. Where the applicable income of the person or persons who have legal responsibility for the diagnosed individual exceeds 300% of the federal poverty level established under the most recent poverty guidelines issued by the United States department of health and human services, the department of health and environment shall provide reimbursement of an amount not to exceed 50% of the product cost in accordance with rules and regulations adopted by the secretary of health and environment.
(f) Provide state assistance to an applicant pursuant to subsection (e) only after it has been shown that the applicant has exhausted all benefits from private third-party payers, medicare, medicaid and other government assistance programs and after consideration of the applicant's income and assets. The secretary of health and environment shall adopt rules and regulations establishing standards for determining eligibility for state assistance under this section.
(g) (1) Except for treatment products provided under subsection (e), if the medically necessary food treatment product for diagnosed cases must be purchased, the purchaser shall be reimbursed by the department of health and environment for costs incurred up to $1,500 per year per diagnosed child age 18 or younger at 100% of the product cost upon submission of a receipt of purchase identifying the company from which the product was purchased. For a purchaser to be eligible for reimbursement under this subsection, the applicable income of the person or persons who have legal responsibility for the diagnosed child shall not exceed 300% of the poverty level established under the most recent poverty guidelines issued by the federal department of health and human services.
(2) As an option to reimbursement authorized under subsection (g)(1), the department of health and environment may purchase food treatment products for distribution to diagnosed children in an amount not to exceed $1,500 per year per diagnosed child age 18 or younger. For a diagnosed child to be eligible for the distribution of food treatment products under this subsection, the applicable income of the person or persons who have legal responsibility for the diagnosed child shall not exceed 300% of the poverty level established under the most recent poverty guidelines issued by the federal department of health and human services.
(3) In addition to diagnosed cases under this section, diagnosed cases of maple syrup urine disease shall be included as a diagnosed case under this subsection.
(h) The department of health and environment shall continue to receive orders for both necessary treatment products and necessary food treatment products, purchase such products, and shall deliver the products to an address prescribed by the diagnosed individual. The department of health and environment shall bill the person or persons who have legal responsibility for the diagnosed patient for a pro-rata share of the total costs, in accordance with the rules and regulations adopted pursuant to this section.
(i) The secretary of health and environment shall adopt rules and regulations as needed to require, to the extent of available funding, newborn screening tests to screen for treatable disorders listed in the core uniform panel of newborn screening conditions recommended in the 2005 report by the American college of medical genetics entitled "Newborn Screening: Toward a Uniform Screening Panel and System" or another report determined by the department of health and environment to provide more appropriate newborn screening guidelines to protect the health and welfare of newborns for treatable disorders.
(j) In performing the duties under subsection (i), the secretary of health and environment shall appoint an advisory council to advise the department of health and environment on implementation of subsection (i).
(k) The department of health and environment shall periodically review the newborn screening program to determine the efficacy and cost effectiveness of the program and determine whether adjustments to the program are necessary to protect the health and welfare of newborns and to maximize the number of newborn screenings that may be conducted with the funding available for the screening program.
(l) There is hereby established in the state treasury the Kansas newborn screening fund that shall be administered by the secretary of health and environment. All expenditures from the fund shall be for the newborn screening program. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee. On July 1 of each year, the director of accounts and reports shall determine the amount credited to the medical assistance fee fund pursuant to K.S.A. 40-3213, and amendments thereto, and shall transfer the estimated portion of such amount that is necessary to fund the newborn screening program for the ensuing fiscal year as certified by the secretary of health and environment or the secretary's designee to the Kansas newborn screening fund. Such amount shall not exceed $5,000,000 in fiscal years 2025, 2026 and 2027.
History: L. 1965, ch. 388, § 1; L. 1974, ch. 352, § 49; L. 1977, ch. 213, § 1; L. 1984, ch. 223, § 1; L. 1985, ch. 205, § 1; L. 1994, ch. 262, § 4; L. 1997, ch. 117, § 1; L. 2006, ch. 158, § 1; L. 2007, ch. 177, § 23; L. 2012, ch. 91, § 39; L. 2012, ch. 114, § 1; L. 2017, ch. 94, § 6; L. 2020, ch. 5, § 160; L. 2021, ch. 98, § 174; L. 2022, ch. 81, § 178; L. 2023, ch. 82, § 174; L. 2024, ch. 88, § 182; L. 2025, ch. 117, § 196; April 25.
§ 65-181 Administration of newborn screening tests in accordance with rules and regulations adopted by the secretary
(a) The administrative officer or other person in charge of each institution or the attending physician or mid-level practitioner, caring for infants 28 days of age or younger shall have administered to every such infant or child in its or such institution's, mid-level practitioner's or physician's care, tests for conditions identified by the secretary of health and environment under K.S.A. 65-180(i), and amendments thereto, in accordance with rules and regulations adopted by the secretary of health and environment.
(b) As used in this section, "mid-level practitioner" means the same as defined in K.S.A. 65-1626, and amendments thereto.
History: L. 1965, ch. 388, § 2; L. 1974, ch. 352, § 50; L. 1977, ch. 213, § 2; L. 1984, ch. 223, § 2; L. 1994, ch. 262, § 5; L. 2025, ch. 93, § 2; July 1.
§ 65-182 Same; provisions inapplicable where parents object on religious grounds
The provisions of this section shall not apply to any infant whose parents object thereto on the grounds that such tests and treatment conflict with their religious tenets and practices.
History: L. 1965, ch. 388, § 3; April 22.
§ 65-183 Report of cases of certain conditions by physicians to secretary
(a) Every physician or mid-level practitioner having knowledge of a case of a condition identified by the secretary of health and environment under K.S.A. 65-180(i), and amendments thereto, in one of such physician's or mid-level practitioner's own patients shall report the case to the secretary of health and environment on forms provided by the secretary.
(b) As used in this section, "mid-level practitioner" means the same as defined in K.S.A. 65-1626, and amendments thereto.
History: L. 1965, ch. 388, § 4; L. 1974, ch. 352, § 51; L. 1977, ch. 213, § 3; L. 1984, ch. 223, § 3; L. 1994, ch. 262, § 6; L. 2025, ch. 93, § 3; July 1.
§ 65-184 Purpose of act
The purpose of this act is to regulate and control development of areas of the state surrounding certain impoundments of water to prevent pollution of such impoundments, to assure sound and economical development and maintenance of healthful and sanitary conditions so that the state will realize maximum benefits therefrom, and the health, safety and well-being of the people of the state will be protected.
History: L. 1965, ch. 387, § 1; L. 1969, ch. 294, § 2; April 25.
§ 65-185 Definitions
For the purpose of this act unless the context otherwise requires:
(a) The term "sanitation zone" means the land within an area designated and described by regulation of the secretary of health and environment under the provisions of this act, no portion of which is located more than three (3) miles from the waterline of the conservation pool of any existing or proposed state or authorized federal reservoir having a surface area of its conservation pool of more than one hundred (100) acres, but not including any area within any incorporated city, or any area downstream from the dam site.
(b) The term "federal reservoir" means any reservoir authorized or constructed and operated by any agency of the federal government.
(c) The term "state reservoir" means any reservoir, lake or water impoundment operated by any agency of the state of Kansas.
(d) The term "agricultural use" means use for growing crops or pasture and functions related thereto, and the feeding of livestock by a resident on the land.
(e) The term "reservoir sanitation officer" means the county engineer or other officer designated by a majority of the county commissioners in counties with territory in such sanitation zone, subject to the approval of the secretary of health and environment. The budget of the reservoir sanitation officer shall be funded by the boards of county commissioners and the proportion furnished by each county shall be based upon the area of the zone in the respective county.
(f) The term "owner" means the title holder of record or a person purchasing the lot or tract in question under a written contract of sale.
(g) The term "sanitation plan" means plans for furnishing water, disposing of sewage and handling refuse.
(h) "Developer" means a person or persons who subdivide, plat and sell lots or tracts.
(i) The term "lot" means (1) any premises of less than three (3) acres used or intended for use for a single family dwelling or (2) any premises, regardless of size, used or intended for use for any purpose other than a single family dwelling or agricultural use. All such premises shall be platted prior to construction of buildings or facilities thereon.
History: L. 1965, ch. 387, § 2; L. 1968, ch. 213, § 1; L. 1969, ch. 294, § 3; L. 1974, ch. 352, § 52; July 1.
§ 65-186 Repealed
History: L. 1965, ch. 387, § 3; Repealed, L. 1968, ch. 213, § 7; July 1.
§ 65-187 Powers and duties of secretary
The following powers and duties are hereby conferred and imposed upon the secretary of health and environment:
(a) The secretary of health and environment is authorized to adopt rules and regulations designating and establishing "sanitation zones" for the purposes of this act. When a sanitation zone is established the secretary of health and environment shall file a certified copy of the regulation establishing the boundaries of a sanitation zone in the office of the register of deeds in any county any territory of which is located in such sanitation zone.
(b) The secretary of health and environment is hereby authorized to adopt rules and regulations fixing minimum standards for the control of sanitation in water supply, sewage disposal and refuse disposal upon property located within sanitation zones established under the provisions of this act. Such regulations shall fix a scale of reasonable fees to be paid to the county by the applicant for approval of sanitation plans. The rules and regulations shall provide for the use of septic tanks and sewage holding tanks upon any lot where there is reason to believe the public health and safety will not be endangered thereby.
(c) The secretary of health and environment shall conduct a hearing in accordance with the Kansas administrative procedure act upon a timely appeal by a landowner aggrieved by a decision of a reservoir sanitation officer denying approval of a sanitation plan.
(d) The secretary of health and environment shall examine and approve the maps, plans and specifications of all water supply and sewage disposal systems required to be submitted to the secretary of health and environment under the provisions of this act.
History: L. 1965, ch. 387, § 4; L. 1968, ch. 213, § 2; L. 1969, ch. 294, § 1; L. 1974, ch. 352, § 53; L. 1988, ch. 356, § 184; July 1, 1989.
§ 65-188 Enforcement of act; injunction, mandamus or quo warranto
The county attorney of every county is hereby authorized and directed to file appropriate actions for the enforcement of this act upon the request of the secretary of health and environment or the reservoir sanitation officer. Actions of injunction, mandamus or quo warranto are appropriate to enforce the provisions of this act. In any proper case hereunder a district court may issue its order granting relief in the nature of affirmative orders as well as negative orders.
History: L. 1965, ch. 387, § 5; L. 1968, ch. 213, § 5; L. 1974, ch. 352, § 54; July 1.
§ 65-189 Repealed
History: L. 1965, ch. 387, § 6; L. 1967, ch. 335, § 1; L. 1968, ch. 213, § 6; Repealed, L. 1969, ch. 294, § 8; April 25.
§§ 65-189a, 65-189b Repealed
History: L. 1968, ch. 213, §§ 3, 4; Repealed, L. 1969, ch. 294, § 8; April 25.
§ 65-189c Subdivider to submit engineering study and sanitation plan; review and approval; information required in instrument of conveyance; construction and use of buildings and facilities; sanitation plan and construction of water and sewage systems required; review and approval of plans; appeals
Whenever regulations establishing sanitation zones and providing for the control of sanitation therein shall have been adopted under the provisions of this act: (a) The owner or owners of any land located within such zone proposing to subdivide any land providing one or more lots shall submit a preliminary engineering study and sanitation plan for all such lots with the proposed plat to the reservoir sanitation officer of the county in which the land is located. If the sanitation plan contains plans for a sewage system or a water supply to serve two or more lots or services, the reservoir sanitation officer shall submit the preliminary engineering study and sanitation plan to the secretary of health and environment for review and approval prior to his approval. The board of county commissioners of the county in which the proposed plat is located shall not approve the plat until approval of the sanitation plan related thereto is received from the reservoir sanitation officer.
(b) The owner or owners of any lot located within such zone proposing to sell such lot, either by deed or contract, shall provide in the legal instrument or instruments information to the effect that such lot is located in a specific sanitation zone and that prior to construction of any building structure or facilities thereon a sanitation plan for water supply, sewage, and refuse disposal facilities meeting the standards of the secretary's rules and regulations must be submitted to and approved by the reservoir sanitation officer of the specific county in which the lot is located.
(c) The owner or owners of any lot located within such zone proposing to construct a building, structure or facility on such lot shall, prior to starting such construction, obtain the approval of the reservoir sanitation officer of the sanitation plan for the proposed use of such lot. Such building structure or facility shall not be occupied or used for any purpose until such approved water and sewage systems have been completed, inspected and approved by the reservoir sanitation officer as being in accordance with the approved sanitation plan. If the sanitation plan is for a sewage system or a water supply serving two or more lots or services such sanitation plan shall not be approved by the reservoir sanitation officer until it has first been approved by the secretary.
The reservoir sanitation officer shall determine if sanitation plans for the proposed subdividing of land or constructing of building structures or facilities submitted to him for septic tank systems, sewage holding tanks or individual water supply systems comply with the standards established by the rules and regulations of the secretary of health and environment. If the plan does comply with such standards such fact shall be endorsed thereon. The reservoir sanitation officer prior to his approval of sanitation plans for the proposed subdividing of land or constructing of building structures or facilities submitted to him for a sewage system or for a water supply to serve two or more lots or services shall submit such sanitation plans to and receive approval from the secretary of health and environment. If the reservoir sanitation officer shall find that any sanitation plan does not meet the standards established by the secretary of health and environment, he shall within thirty (30) days from the date of receipt of such plan notify the owner or owners of such fact. If the plan does meet standards established by the secretary of health and environment and the plans and specifications of the proposed water supply and sewage disposal systems have been approved by the secretary of health and environment, such fact shall be endorsed thereon.
Appeals to the secretary of health and environment may be taken by the owner of land from the decision of the reservoir sanitation officer denying the approval of any sanitation plan submitted by him within twenty (20) days of the date of receipt of the notice of such denial.
History: L. 1969, ch. 294, § 4; L. 1974, ch. 352, § 55; July 1.
§ 65-189d Subdivided lands to be platted; plan and estimate of cost of water, sewage and refuse service required
All land subdivided into tracts or lots of three (3) acres or less and located within a sanitation zone shall be platted, and approved by the board of county commissioners before filing in the office of the register of deeds. No plat containing more than ten (10) building sites, any one of which contains less than three (3) acres shall be approved until a preliminary engineering report, plan and cost estimate for providing water, sewage and refuse disposal service has been filed with and approved by the secretary of health and environment.
History: L. 1969, ch. 294, § 5; L. 1974, ch. 352, § 56; July 1.
§ 65-189e Act inapplicable to certain lands
The provisions of this act* shall not apply to:
(a) Land used exclusively for agricultural purposes as defined in this act* or to land under the control of the Kansas department of wildlife and parks, but the department shall not develop any land under its control without providing water, sewage disposal and refuse disposal facilities that are in conformity with these standards and have submitted plans therefor to the secretary of health and environment and obtained the secretary's approval;
(b) subdivisions platted and approved by the board of county commissioners prior to August 1, 1965, except that this exemption shall not be extended to any construction other than a single family residence and shall not permit violation of any local ordinance or code or the creation of any condition that is detrimental to the health or property of an adjacent property owner; or
(c) land subject to a sanitary code or codes as defined in K.S.A. 19-3701 through 19-3708, and amendments thereto, that contain provisions for control of the subsurface disposal of sewage, supplying of water from on-lot wells and the disposal of refuse, if the county, city-county or multicounty health department enforcing such sanitary codes shall furnish to the secretary of health and environment such information as the secretary may require concerning the number and types of such sewage, water and refuse facilities installed in the sanitation zone.
History: L. 1969, ch. 294, § 6; L. 1974, ch. 352, § 57; L. 1980, ch. 182, § 24; L. 1989, ch. 118, § 177; L. 2012, ch. 47, § 85; L. 2023, ch. 7, § 112; July 1.
§ 65-189f Rules and regulations providing for granting exceptions
Also, notwithstanding the provisions of this act, the secretary of health and environment shall adopt rules and regulations which shall, consistent with the purposes of this act, make provision for exceptions to be made in platted areas approved by the board of county commissioners, and filed prior to July 1, 1968, where it is shown that an undue hardship would otherwise result to the developer or owner, and where it is found that the granting of such exceptions would not be unduly harmful to the health and welfare of the area as a whole. When an exception is granted the order granting the same may contain a reasonable time limitation, may require the property owner involved to consent to and connect to a public water and sewer system when available.
History: L. 1969, ch. 294, § 7; L. 1974, ch. 352, § 58; July 1.
§§ 65-190 through 65-192 Repealed
History: L. 1967, ch. 415, §§ 1 to 3; L. 1974, ch. 352, §§ 59 to 61; Repealed, L. 1976, ch. 263, § 32; July 1.
§ 65-193 Repealed
History: L. 1967, ch. 415, § 4; Repealed, L. 1976, ch. 263, § 32; July 1.
§ 65-194 Repealed
History: L. 1967, ch. 415, § 5; L. 1974, ch. 352, § 62; Repealed, L. 1976, ch. 263, § 32; July 1.
§ 65-195 Repealed
History: L. 1967, ch. 415, § 6; L. 1974, ch. 348, § 24; L. 1974, ch. 352, § 63; Repealed, L. 1976, ch. 263, § 32; July 1.
§ 65-196 Repealed
History: L. 1967, ch. 415, § 7; L. 1974, ch. 352, § 64; Repealed, L. 1976, ch. 263, § 32; July 1.
§ 65-197 Advanced training for professional employees; payment of cost; rules and regulations
To meet the health manpower needs of the state, the secretary of health and environment is hereby authorized to provide from federal funds or grants advanced academic training in public and community health for its professional employees, including tuition, fees, and living stipend, and to prescribe such rules and regulations governing such training as is necessary.
History: L. 1970, ch. 246, § 1; L. 1974, ch. 352, § 65; July 1.
§ 65-198 Repealed
History: L. 1970, ch. 247, § 1; Repealed, L. 1988, ch. 301, § 33; July 1.
§ 65-199 Repealed
History: L. 1970, ch. 247, § 2; L. 1974, ch. 352, § 66; Repealed, L. 1988, ch. 301, § 33; July 1.
§§ 65-1,100 through 65-1,103 Repealed
History: L. 1970, ch. 247, §§ 3 to 6; L. 1974, ch. 352, §§ 67 to 70; Repealed, L. 1988, ch. 301, § 33; July 1.
§§ 65-1,104 Repealed
History: L. 1970, ch. 247, § 8; Repealed, L. 1988, ch. 301, § 33; July 1.
§§ 65-1,105 Establishment of statewide program of blood tests and counseling authorized; contracts; financial assistance for persons with sickle cell anemia; requirements for eligibility for financial assistance; duties of secretary of health and environment
(a) The secretary of health and environment is hereby authorized to establish a statewide program of blood tests for sickle cell trait and the disease sickle cell anemia and to provide counseling and advice, without cost, to any person requesting such counseling relative to sickle cell anemia or sickle cell trait, its characteristics, symptoms, traits, effects and treatment. In conducting such testing program and counseling the secretary of health and environment is hereby authorized to contract with any county or joint board of health or with any private health organization to assist in administering such testing and counseling under terms and conditions specified by the secretary of health and environment.
(b) In conjunction with this testing and counseling program, the secretary of health and environment shall establish a program providing financial assistance for persons suffering from the disease sickle cell anemia who are unable to pay for their care and treatment on a continuing basis. It is the purpose of such program and is the intent of the legislature that no person afflicted with the disease sickle cell anemia shall be required to expend for treatment that portion of his or her income and assets as will tend to cause unjust and unusual hardships to such person and to the person's immediate family. In addition to other requirements for eligibility for financial assistance under the provisions of this subsection, an applicant for assistance shall be a resident of the state of Kansas.
(c) In administering the program authorized by subsection (b) of this section, the secretary of health and environment: (1) May adopt rules and regulations; (2) shall establish standards for determining eligibility for financial assistance; and (3) shall extend financial assistance, within the limits of appropriations therefor, to persons eligible for assistance.
History: L. 1973, ch. 245, § 1; L. 1974, ch. 352, § 183; L. 1978, ch. 233, § 1; L. 1980, ch. 182, § 25; July 1.
§§ 65-1,105a Financial assistance for persons with sickle cell anemia; recovery of cost from third party; subrogation
Where funds appropriated to the department of health and environment have been expended for the purpose of meeting the cost of the care or treatment of any person who is eligible for financial assistance under the provisions of subsections (b) and (c) of K.S.A. 65-1,105, and a third party has a legal obligation to pay such cost or any part thereof to or on behalf of the recipient, the secretary of health and environment may recover the same from the recipient or from the third party and in all respects shall be subrogated to the rights of the recipient in such cases.
History: L. 1978, ch. 233, § 2; July 1.
§§ 65-1,105b Information to be given parents or guardian of child entering school for first time; assistance of secretary of health and environment
The parent or guardian of any child entering school for the first time in this state, upon admission of such child, shall be informed by the board of education or other governing authority of such school of the provisions of K.S.A. 65-1,105 and 65-1,106, and amendments thereto, and of the location of the nearest facility providing blood tests for sickle cell trait and sickle cell anemia. The secretary of health and environment shall provide boards of education and other governing authorities of schools with such information and assistance as may be necessary to comply with the requirements of this section.
History: L. 1978, ch. 233, § 3; July 1.
§§ 65-1,106 Statewide program for sickle cell anemia testing; information confidential; exception; penalty
Any information obtained from such program of tests for sickle cell trait and sickle cell anemia shall be confidential and shall not be disclosed except upon the consent of the person upon whom such test was performed: Provided, That if such person is eighteen (18) years of age or younger the results of such test may be made known to the parents of such person without the prior consent of such person. Any person violating any of the provisions of this section shall be guilty of a class C misdemeanor.
History: L. 1973, ch. 245, § 2; July 1.
§§ 65-1,107 Secretary of health and environment to adopt rules and regulations relating to procedures, testing protocols, qualifications of personnel and equipment of certain laboratories; list of approved preliminary screening devices for testing of breath for law enforcement purposes
The secretary of health and environment may adopt rules and regulations establishing:
(a) The procedures, testing protocols and qualifications of authorized personnel, instruments and methods used in laboratories performing tests for the presence of controlled substances included in schedule I or II of the uniform controlled substances act or metabolites thereof;
(b) the procedures, testing protocols, qualifications of personnel and standards of performance in the testing of human breath for law enforcement purposes, including procedures for the periodic inspection of apparatus, equipment and devices, other than preliminary screening devices, approved by the secretary of health and environment for the testing of human breath for law enforcement purposes;
(c) the requirements for the training, certification and periodic testing of persons who operate apparatus, equipment or devices, other than preliminary screening devices, for the testing of human breath for law enforcement purposes;
(d) criteria for preliminary screening devices for testing of breath for law enforcement purposes, based on health and performance considerations; and
(e) a list of preliminary screening devices which are approved for testing of breath for law enforcement purposes and which law enforcement agencies may purchase and train officers to use as aids in determining:
(1) Probable cause to arrest and grounds for requiring testing pursuant to K.S.A. 8-1001, and amendments thereto, or K.S.A. 3-1008, and amendments thereto; and
(2) violations of K.S.A. 41-727, and amendments thereto.
History: L. 1947, ch. 330, § 3; L. 1973, ch. 307, § 3; L. 1974, ch. 352, § 169; L. 1986, ch. 40, § 7; L. 1988, ch. 233, § 1; L. 1990, ch. 215, § 1; L. 1994, ch. 262, § 1; L. 2001, ch. 200, § 16; L. 2006, ch. 173, § 8; L. 2022, ch. 80, § 22; L. 2022, ch. 80, § 22; July 1.
§§ 65-1,108 Unlawful to perform certain tests unless performed in approved laboratory; penalty for violation; exclusions
(a) It shall be unlawful for any person or laboratory to perform tests to evaluate biological specimens for the presence of controlled substances included in schedule I or II of the uniform controlled substances act or metabolites thereof, unless the laboratory in which such tests are performed has been approved by the secretary of health and environment to perform such tests. Any person violating any of the provisions of this section shall be deemed guilty of a class B misdemeanor.
(b) As used in this section and in K.S.A. 65-1,107, and amendments thereto, "laboratory" shall not include: (1) The office or clinic of a person licensed to practice medicine and surgery in which laboratory tests are performed as part of and incidental to the examination or treatment of a patient of such person; (2) the Kansas bureau of investigation forensic laboratory; (3) urinalysis tests for controlled substances performed only for management purposes on inmates, parolees or probationers by personnel of the department of corrections or office of judicial administration and which shall not be used for revoking or denying parole or probation; (4) urinalysis tests approved by the secretary of corrections for controlled substances performed by the community corrections programs; (5) urinalysis tests approved by the secretary of corrections for controlled substances performed by personnel of the community correctional conservation camp in Labette county which is operated under agreements entered into by the secretary of corrections and the board of county commissioners of Labette county pursuant to K.S.A. 75-52,132, and amendments thereto; or (6) urinalysis tests performed for management purposes only by personnel of alcohol and drug treatment programs which are licensed or certified by the secretary for aging and disability services.
History: L. 1947, ch. 330, § 4; L. 1974, ch. 352, § 170; L. 1988, ch. 233, § 2; L. 1989, ch. 187, § 1; L. 1989, ch. 92, § 30; L. 1990, ch. 216, § 1; L. 1990, ch. 217, § 1; L. 1991, ch. 181, § 1; L. 1994, ch. 262, § 2; L. 2014, ch. 115, § 241; July 1.
§§ 65-1,108a Information obtained through certain tests conducted by approved laboratories confidential; exceptions; penalties for violations
(a) Information obtained through tests performed under 42 C.F.R. part 493 and amendments thereto (CLIA '88) or tests to evaluate biological specimens for the presence of controlled substances included in schedule I or II of the uniform controlled substances act or metabolites thereof, conducted by a laboratory approved under K.S.A. 65-1,107 and 65-1,108 and amendments thereto by the secretary of health and environment to perform such tests shall be confidential and shall not be disclosed or made public by officers or employees, or former officers and employees, of such laboratory, except that such laboratory test results shall be released only to: (1) The person who ordered such tests be made; (2) the secretary of health and environment if required by the secretary as part of the approval of the laboratory under K.S.A. 65-1,107 and 65-1,108 and amendments thereto; and (3) the secretary of health and environment for data collection purposes so long as such information is released in such a manner that the information will not reveal the identity of the person who is the subject of the information.
(b) A violation of this section shall constitute a class C misdemeanor.
History: L. 1988, ch. 233, § 3; L. 1990, ch. 215, § 3; L. 1994, ch. 262, § 3; July 1.
§§ 65-1,109 Testing human breath for law enforcement purposes; unlawful acts; penalty
(a) It shall be unlawful for any person to make any test of the human breath for law enforcement purposes, unless:
(1) Such person has complied with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amendments thereto to govern the procedures, standards of performance and the qualifications, training, certification and annual testing of personnel for the testing of human breath for law enforcement purposes; and
(2) the apparatus, equipment or device used by such person in the testing of human breath for law enforcement purposes is of a type approved by the secretary of health and environment and otherwise complies with the rules and regulations of the secretary of health and environment adopted pursuant to K.S.A. 65-1,107 and amendments thereto to govern the periodic inspection of such apparatus, equipment and devices.
(b) Any person who violates any provision of subsection (a) shall be guilty of a class C misdemeanor.
(c) Nothing in this section shall be construed to prohibit the use of devices approved pursuant to K.S.A. 65-1,107 and amendments thereto for preliminary screening tests for law enforcement purposes.
History: L. 1973, ch. 307, § 4; L. 1974, ch. 352, § 171; L. 1975, ch. 312, § 6; L. 1986, ch. 40, § 8; July 1.
§§ 65-1,109a Certification of laboratories performing environmental analyses
(a) The secretary of health and environment may adopt rules and regulations establishing: (1) Procedures and qualifications for certification of laboratories performing analyses required pursuant to K.S.A. 65-161 et seq., 65-171d, 65-3001 et seq., 65-3401 et seq. or 65-3430 et seq. or K.S.A. 65-3452a et seq. or 65-34,105 et seq., and amendments thereto; and (2) a schedule of fees to defray all or part of the costs of administering the certification program. Such fees shall not be refundable. Failure to pay assessed fees shall be cause for denial of certification.
(b) Any person who violates any provision of the rules and regulations adopted under this act shall, after notice and hearing in accordance with the Kansas administrative procedure act, be subject to suspension, denial or revocation of any certification granted hereunder and a civil penalty not to exceed $500. Each day a violation continues shall be deemed a separate violation.
(c) The secretary of health and environment shall remit all moneys received from fees or penalties pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the office of laboratory services operating fund.
History: L. 1991, ch. 179, § 1; L. 2001, ch. 5, § 214; L. 2013, ch. 112, § 5; July 1.
§§ 65-1,110 Establishments maintaining restroom facilities for the public; facilities to be available without charge
Every establishment, public and private, which serves or caters to the public and which maintains therein restroom facilities for the public shall make its restroom facilities available without cost or charge to the patrons, guests or invitees of such establishment.
History: L. 1976, ch. 205, § 4; July 1.
§§ 65-1,111 Same; enforcement
The secretary of health and environment is authorized and empowered to adopt rules and regulations and to bring any necessary proceedings for the enforcement of K.S.A. 65-1,110.
History: L. 1976, ch. 205, § 5; July 1.
§§ 65-1,112 Spinal cord injury treatment program; components
The secretary of health and environment shall develop a plan for the establishment of a multilevel treatment program for persons with spinal cord injuries and present the plan to the legislature for review by January 15, 1979. The plan shall contain at least the following components:
(a) An emergency medical evacuation system which shall include the operation and implementation of an emergency transport system in order that persons with spinal cord injuries can be transported to an intensive trauma care center on a timely basis.
(b) Intensive trauma care centers which will provide as a minimum:
(1) The administration of preventive treatment to persons with spinal cord injuries to prevent paralysis, save lives, and stabilize the person's medical condition so that he or she can be transferred as soon as possible to a rehabilitation center for further rehabilitation;
(2) The appropriate number of centers to be developed according to need. Each facility shall consist of a special medical unit with appropriate professional personnel and expertise.
(c) Rehabilitation centers to provide rehabilitation services for persons transferred from the intensive trauma care center and for other spinal cord injured persons requiring rehabilitation services. Such centers shall be located according to need and shall be equipped with the appropriate staff component to meet the specialized rehabilitation needs of spinal cord injured persons.
(d) An appropriate number of halfway houses for individuals who need attendant care, who are in adjustment periods, who require a structured environment or who are in retraining or educational programs.
(e) An estimate of the costs of implementing the provisions of the plan.
History: L. 1978, ch. 234, § 1; July 1.
§§ 65-1,113 Health manpower planning; collection of information; confidentiality
(a) The secretary of health and environment shall collect such information as is necessary to define the effective distribution of health manpower in the state and to project future health manpower needs in the state. The board of nursing, the Kansas dental board, the board of examiners in optometry, the state board of pharmacy, the state board of healing arts and the state board of veterinary medical examiners shall cooperate with the secretary of health and environment in the collection of health manpower information and shall furnish to the secretary of health and environment all such health manpower information.
(b) Information collected pursuant to the provisions of subsection (a) of this section shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, except such information shall be disclosed if no person can be identified in the information to be disclosed and the disclosure is for statistical purposes only.
History: L. 1980, ch. 255, § 1; July 1.
§§ 65-1,114 Definitions
As used in this act:
(a) "Physician" means a person licensed to practice medicine and surgery.
(b) "Secretary" means the secretary of health and environment.
History: L. 1980, ch. 178, § 1; July 1.
§§ 65-1,115 Contract for health data and information relating to diabetes mellitus
The secretary of health and environment is hereby authorized to contract with an organization or organizations which collect health data for the purpose of obtaining health data and statistical information relating to the prevalence of diabetes mellitus in Kansas, the patients or persons who have diabetes mellitus, the date and age of person at the onset of the disease, if available, the type and method of treatment, if available, and other relevant data relating to diabetes mellitus which the secretary may require.
History: L. 1980, ch. 178, § 2; July 1.
§§ 65-1,116 Confidentiality of information; exceptions
Information obtained by the secretary under K.S.A. 65-1,115 is confidential and shall not be disclosed except as provided in this section. The secretary may disclose information obtained under K.S.A. 65-1,115: (a) Upon the consent, in writing, of the person who is the subject of the information, or if such person is under eighteen (18) years of age, by such person's parent or guardian; or (b) upon the request of an organization or scholarly investigator for legitimate research or data collection purposes, so long as such information is disclosed in a manner which will not reveal the identity of the persons who are the subject of the information.
History: L. 1980, ch. 178, § 3; July 1.
§§ 65-1,117 Penalty for disclosure of confidential information
Any person, association, firm, corporation, organization or other agency willfully or knowingly permitting or encouraging the disclosure of information obtained pursuant to the provisions of K.S.A. 65-1,115 and not otherwise authorized to be disclosed under K.S.A. 65-1,116 shall be guilty of a class C misdemeanor.
History: L. 1980, ch. 178, § 4; July 1.
§§ 65-1,118 Act not to effect mode of treatment
Nothing in this act shall be construed or operate to empower or authorize the secretary to restrict in any manner the right of a physician to recommend a mode of treatment for diabetes mellitus or to restrict in any manner an individual's right to select the mode of treatment of his or her choice.
History: L. 1980, ch. 178, § 5; July 1.
§§ 65-1,119 Rules and regulations
The secretary may adopt reasonable rules and regulations necessary to carry out the provisions of this act.
History: L. 1980, ch. 178, § 6; July 1.
§§ 65-1,120 Definitions
As used in this act:
(a) "Medication aide" means an unlicensed person certified as having satisfactorily completed a training program in medication administration approved by the secretary of health and environment for the purposes of subsection (i) of K.S.A. 65-1124, and amendments thereto.
(b) "Secretary" means the secretary for aging and disability services.
History: L. 1983, ch. 208, § 1; L. 2014, ch. 115, § 242; July 1.
§§ 65-1,121 Medication aides; continuing education; requirements; fees
(a) On and after the effective date of this act, no person shall be a medication aide for the purposes of subsection (i) of K.S.A. 65-1124 and amendments thereto unless such person completes a program of continuing education at least every two years, as established by the secretary. The secretary by duly adopted rules and regulations shall establish the requirements for such a program as soon as possible after the effective date of this act. The secretary shall update the certificate of a medication aide upon the completion by such medication aide of any continuing education program as provided in this section. The secretary shall determine a fee by rules and regulations in an amount sufficient to cover the costs of the department to administer the provisions of this act.
History: L. 1983, ch. 208, § 2; July 1.
§§ 65-1,122 Diabetes; development of plans to reduce incidence of disease; biennial reporting; requirements
(a) The secretary of health and environment shall identify goals and benchmarks and develop plans to reduce the incidence of diabetes in Kansas, improve diabetes care and control complications associated with diabetes.
(b) The secretary shall submit a report to the legislative coordinating council by January 10 of each even-numbered year on the following:
(1) The financial impact and reach diabetes is having on the department of health and environment, the state of Kansas and localities within the state, including the number of individuals with diabetes impacted or covered by programs administered by the secretary, the number of individuals with diabetes and family members impacted by prevention and diabetes control programs implemented by the department, if any, the financial toll or impact diabetes and its complications places on the department and the financial toll or impact diabetes and its complications places on the department in comparison to other chronic diseases and conditions;
(2) an assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease shall include documenting the amount and source for any funding directed to the department from the Kansas legislature for programs and activities aimed at reaching those with diabetes;
(3) a description of the level of coordination existing in the department, programmatic activities and messaging concerning managing, treating or preventing all forms of diabetes and its complications;
(4) the development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the legislature, that shall identify proposed action steps to reduce the impact of diabetes, pre-diabetes and related diabetes complications and identify the expected benchmarks for controlling and preventing relevant forms of diabetes; and
(5) the development of a detailed budget blueprint identifying needs, costs and resources required to implement the plan identified in subsection (b)(4), which blueprint shall include a budget range for all options presented in such plan for consideration by the legislature.
(c) The requirements of this section shall be limited to the diabetes information, data, initiatives and programs within the department prior to the effective date of this act, unless there is unobligated funding for diabetes in the department that may be used for new research, data collection, reporting or other requirements of this section.
History: L. 2017, ch. 22, § 1; July 1.
§§ 65-1,123 through 65-1,130 Reserved
§§ 65-1,131 Definitions
When used in this act:
(a) "Hemophilia" means a bleeding tendency resulting from a genetically determined deficiency factor in the blood;
(b) "Secretary" means the secretary of health and environment.
History: L. 1984, ch. 217, § 1; July 1.
§§ 65-1,132 Establishment of program for treatment of persons suffering from hemophilia; state assistance, requirements for eligibility; rules and regulations
(a) Within the limits of appropriations therefor, the secretary shall establish a program in accordance with the provisions of this act for the care and treatment of persons suffering from hemophilia. This program shall assist persons suffering from hemophilia who require continuing treatment with blood and blood derivatives to avoid extensive hospitalization and other crippling effects associated with this critical chronic bleeding condition, but who are unable to pay for the entire cost of such services on a continuing basis after payment of claims from private third-party payors, medicare, medicaid and other government assistance programs.
(b) State assistance pursuant to subsection (a) of this section shall be available to an applicant only after it has been shown that the applicant has exhausted all benefits from private third-party payors, medicare, medicaid and other government assistance programs and after consideration of the individual's income and assets. The secretary shall establish by rules and regulations standards for determining eligibility for state assistance under this act.
History: L. 1984, ch. 217, § 2; July 1.
§§ 65-1,133 Duties of secretary
The secretary shall, within the limits of appropriations therefor:
(a) Assist in the development and expansion of programs for the care and treatment of persons suffering from hemophilia, including self-administration, prevention and home care and other medical and dental procedures and techniques designed to provide maximum control over bleeding episodes typical of this condition.
(b) Extend financial assistance to persons suffering from hemophilia who are eligible to receive such assistance under this act to assist such persons in obtaining blood, blood derivatives and concentrates and other efficacious agents for use in hospital, medical and dental facilities, and at home at an economical cost, thus increasing the effectiveness of the moneys appropriated to carry out the provisions of this act.
(c) Institute and carry on educational programs among physicians, dentists, hospitals, public health departments and the public concerning hemophilia, including dissemination of information and the conducting of educational programs concerning the methods of care and treatment of persons suffering from the condition.
History: L. 1984, ch. 217, § 3; July 1.
§§ 65-1,134 Rules and regulations
The secretary shall adopt rules and regulations necessary to administer the provisions of this act.
History: L. 1984, ch. 217, § 4; July 1.
§§ 65-1,135 Payment of claims in subsequent fiscal year; limitation
Notwithstanding K.S.A. 75-3731, the director of accounts and reports shall accept for payment from the secretary of health and environment any duly authorized claim for services provided persons suffering from hemophilia under the provisions of K.S.A. 65-1,131 to 65-1,134, inclusive, and amendments thereto even though such claim is not submitted or processed for payment within the fiscal year in which the service is rendered and even though the services were rendered prior to the effective date of this act, except that no claim filed more than six months after the time of service rendered shall be allowed or paid.
History: L. 1985, ch. 266, § 1; July 1.
§§ 65-1,136 through 65-1,140 Reserved
§§ 65-1,141 through 65-1,147 Repealed
History: L. 1987, ch. 229, §§ 1 to 7; Repealed, L. 1998, ch. 30, § 2; July 1.
§§ 65-1,148 Sanitation standards defined; rules and regulations of the secretary establishing sanitation standards for persons and entities regulated by state board of barber examiners and state board of cosmetology
(a) As used in this section, "sanitation standards" means standards for personal and environmental sanitation and for the prevention of infectious and contagious diseases.
(b) The secretary of health and environment shall adopt rules and regulations establishing sanitation standards for professions, shops, salons, facilities, clinics, schools and colleges regulated by the state board of barber examiners or the state board of cosmetology.
History: L. 1989, ch. 195, § 1; L. 2002, ch. 187, § 17; July 1.
§§ 65-1,149, 65-1,150 Repealed
History: L. 1990, ch. 213, §§ 1, 2; Repealed, L. 1999, ch. 92, § 2; July 1.
§§ 65-1,151 Repealed
History: L. 1990, ch. 213, § 3; L. 1998, ch. 30, § 1; Repealed, L. 1999, ch. 92, § 2; July 1.
§§ 65-1,152 through 65-1,157 Repealed
History: L. 1990, ch. 213, §§ 4 to 9; Repealed, L. 1999, ch. 92, § 2; July 1.
§§ 65-1,157a Newborn infant hearing screening; informed consent; confidentiality of information; application for and receipt of grants; rules and regulations
(a) This act shall be known as the newborn infant hearing screening act.
(b) Every child born in the state of Kansas, within five days of birth, unless a different time period is medically indicated, shall be given a screening examination for detection of hearing loss. The screening shall be conducted in accordance with accepted medical practices and in the manner prescribed by the secretary of health and environment.
(c) Informed consent of parents shall be obtained and if any parent or guardian of a child objects to the mandatory examination for detection of hearing loss the child is exempt from subsection (b) of this section.
(d) (1) Any person performing any screening under this act shall provide to the secretary of health and environment such information regarding the screening examinations conducted under this act as the secretary may require by rule and regulation.
(2) Information obtained by the secretary of health and environment under this section shall be confidential and shall not be disclosed except to notify the primary care physician and the parents or guardian of the child of the screening results.
(e) The secretary of health and environment may make application for and receive grants or other moneys which may be available from the federal government for newborn hearing screening and may enter into cooperative agreements with the federal government relating to newborn hearing screening.
(f) The secretary of health and environment shall adopt such rules and regulations as may be necessary to carry out the provisions of this section and concerning the following matters which include but are not limited to the:
(1) Establishment of standards for the equipment used for any newborn infant hearing screening under this act;
(2) establishment of protocols to be followed in performing any newborn infant hearing screening under this act;
(3) establishment of standards for the qualifications and training of personnel who perform any newborn infant hearing screening under this act;
(4) establishment of responsibilities for any medical care facility's administrator or other personnel necessary to carry out the newborn infant hearing screening program created under this act; and
(5) furnishing of reports and other information necessary for the secretary to carry out the provisions of this act.
History: L. 1999, ch. 92, § 1; L. 2004, ch. 150, § 1; July 1.
§§ 65-1,158 Community-based teenage pregnancy reduction program; behavioral and educational objectives; grants, proposals and requirements, competitive awards and administration; duties of secretary; receipt of federal and other grants; rules and regulations
(a) The secretary of health and environment shall establish a comprehensive community-based teenage pregnancy reduction program with the goal of reducing the rate of pregnancies among minors in urban and rural communities through the development of locally controlled community-based educational interventions to accomplish certain behavioral and educational objectives. The behavioral objectives of the program shall include delaying the onset of sexual activity and promotion of the value of sexual abstinence among minor females and males. The educational objectives of the program shall include training as many community members as possible to be able to assist minor females and males, who are 10 through 17 years of age, in: (1) Recognizing the value and importance of postponing sexual intercourse; (2) developing knowledge and attitudes which promote comfort in choosing not to participate in sexual intercourse; (3) preventing pregnancy by other means when the program has been unable to assist minor females and males in postponing or suspending sexual intercourse, including a description of the risks and benefits of different methods of contraception; (4) recognizing the personal, parental, familial, religious, legal, social and health consequences of irresponsible sexual decisions; (5) developing assertiveness skills to resist undue sexual pressure from peers and society; (6) improving self-concept and sense of worth and developing responsible behavior based on their family values; and (7) fostering communication within the family as well as an appreciation of the supportive role families can play in the life of each individual.
(b) Subject to the provisions of appropriation acts, the secretary of health and environment may award grants on a competitive basis to local public and private community groups and agencies, including but not limited to, counties, cities and other local governments, schools, colleges, universities, youth groups, 4-H clubs, local public health departments and local charitable, civic, religious, educational and other not-for-profit organizations, to provide locally controlled community-based educational interventions to accomplish the objectives of the program in accordance with this section. Each grant shall be for a three-year period, subject to available appropriations and successful annual reviews. In the initial year of the program, not more than three grant proposals shall be awarded, which shall be selected from among grant proposals from both urban and rural community locations.
(c) The secretary of health and environment shall adopt grant requirements in accordance with this section. Proposals for grants under this program shall include provisions for: (1) A community advisory group which shall include parents, school personnel, members of minority population groups, members of the clergy, religious laypersons, public health agency personnel, members of civic groups, public officials, members of health care provider professional groups, representatives of news media agencies and teenagers trained as peer educators; (2) a comprehensive media campaign which targets minors and their families; (3) a strong parent, daughter and son education program with emphasis on communication between parents, daughters and sons; (4) an outcome evaluation component provided from grant funds, which shall include a description and projection of the number of minors that the program will eventually serve and which shall include evaluation protocols prescribing criteria to measure intervention effectiveness, in terms of reductions in the pregnancy rates for the community, and a mechanism to measure the processes of the interventions; (5) a 30% matching requirement from the community which may be satisfied on a cash or in-kind basis from private or public sources, including resources received under the department of education and program for at risk pupil assistance; (6) a three-year commitment to the program; (7) letters of commitment to continue the program after grant funding ends; and (8) the methods proposed for (A) integrating community values, morals and standards into the education message, (B) recruiting, selecting and training the educator participants, (C) recruiting, selecting and training the community member participants, and (D) recruiting, selecting and training peer educators, if applicable to the proposal. Each grant proposal shall illustrate the community need for this program and shall include the annual pregnancy rate for the community for each of the previous five years, including but not limited to the rate for females who are 10 through 17 years of age.
(d) The secretary of health and environment shall administer the community-based teenage pregnancy reduction program established under this section and shall advise and consult with the children and youth advisory committee established by K.S.A. 38-1401 and amendments thereto in establishing and administering the program, including the process of awarding and evaluating grants. The secretary of health and environment is hereby authorized to apply for and receive grants from federal agencies or from any other public or private sources for the purposes of the community-based teenage pregnancy reduction program established under this section.
(e) The secretary of health and environment may adopt rules and regulations for the administration of the program established under this section.
History: L. 1991, ch. 109, § 1; July 1.
§§ 65-1,159 Development and submission of proposal; components
(a) On or before January 1, 1993, the secretary of health and environment, in cooperation with the secretary for aging and disability services, the commissioner of education and the commissioner of insurance, shall develop and submit to the governor, the joint committee on health care decisions for the 1990s and the Kansas commission on the future of health care, inc., a proposal for consolidating all existing health programs required by law for pregnant women and children into one comprehensive plan to be implemented by one or several agencies through interagency contracts, contracts with private agencies or by providing direct services. Such proposal shall:
(1) Include a time schedule for phasing in implementation of the comprehensive plan;
(2) provide cost estimates for the plan;
(3) identify federal waivers necessary to implement the plan;
(4) identify sources of funding for the plan; and
(5) examine innovative programs.
(b) The comprehensive plan developed pursuant to subsection (a) shall, at a minimum, provide for the following statewide:
(1) Comprehensive prenatal services for all pregnant women who qualify for existing programs through the Kansas department for aging and disability services or the department of health and environment or other government-funded programs;
(2) comprehensive medical care for all children under 18 years of age;
(3) preventative and restorative dental care for all children under 18 years of age of each family qualifying under the plan;
(4) periodic sight and hearing tests for all children under 18 years of age and such eyeglasses and hearing aids as such children are found to need;
(5) a case management system under which each family with a child under the plan is assigned a case manager and under which every reasonable effort is made to assure continuity of case management and access to other appropriate social services; and
(6) services regardless of, and fees for services based on, clients' ability to pay.
History: L. 1992, ch. 294, § 1; L. 2014, ch. 115, § 243; July 1.
§§ 65-1,159a Senator Stan Clark pregnancy maintenance initiative program; objectives; grants; annual report to legislature
(a) Subject to appropriations therefor, the secretary of health and environment shall create, develop and administer the Senator Stan Clark pregnancy maintenance initiative program the purpose for which is to award grants to not-for-profit organizations for programs that provide services for women which enable them to carry their pregnancies to term.
(b) The grants shall be awarded annually on a competitive basis in accordance with guidelines and criteria prescribed by rules and regulations adopted by the secretary of health and environment. Each grant shall be matched by the not-for-profit organization receiving the grant on the basis of $1 provided by the not-for-profit organization for each $1 provided under the grant for the program.
(c) Such grant services may include an array of social services relating to pregnancy maintenance. Such grant services shall provide: (1) That no individuals who are unable to pay may be denied the delivery or provision of pregnancy maintenance services; and (2) adoption services, education or information as a part of the program being provided to the individuals. No grant under the program shall be entered into with any group performing, promoting, referring for or educating in favor of abortion. No part of the grant moneys shall be used for any political purposes.
(d) The secretary of health and environment shall annually submit a report to the legislature at the beginning of the regular session of the legislature beginning in 2006 on the results and outcomes of such pregnancy maintenance programs.
(e) The secretary of health and environment shall develop a standard reporting form which shall collect the following information: Number of women utilizing pregnancy maintenance initiative services, percentage of funds used for pre-natal services and the percentage used for post-birth services, and number of women choosing adoption.
History: L. 2005, ch. 147, § 1; July 1.
§§ 65-1,160 Public awareness program on effects of tobacco, alcohol, drugs
(a) The secretary of health and environment shall conduct an ongoing public awareness campaign directed to both men and women regarding the preconceptual and perinatal effects of the use of tobacco, the use of alcohol and the use of any controlled substance as defined in schedule I, II or III of the uniform controlled substances act for nonmedical purposes.
(b) This section shall take effect and be in force from and after January 1, 1993.
History: L. 1992, ch. 294, § 2; May 28.
§§ 65-1,161 Educational materials and guidance for health care providers; services available from local health departments; effects of tobacco, alcohol, drugs
(a) The secretary of health and environment shall provide educational materials and guidance to health care professionals who provide health services to pregnant women for the purpose of assuring accurate and appropriate patient education. Such materials and guidance shall address the services which are available to pregnant women from local health departments and the perinatal effects of the use of tobacco, the use of alcohol and the use of any controlled substance as defined in schedule I, II or III of the uniform controlled substances act for nonmedical purposes.
(b) This section shall take effect and be in force from and after January 1, 1993.
History: L. 1992, ch. 294, § 3; May 28.
§§ 65-1,162 Educational program for health care providers regarding drugs
(a) The secretary of health and environment, in collaboration with the secretary for aging and disability services, shall provide an educational program to health care professionals who provide health care services to pregnant women for the purpose of:
(1) Assuring accurate and appropriate patient education regarding the effects of drugs on pregnancy and fetal outcome;
(2) taking accurate and complete drug histories;
(3) counseling techniques for drug abusing women to improve referral to and compliance with drug treatment programs; and
(4) other additional topics as deemed necessary.
(b) This section shall take effect and be in force from and after January 1, 1993.
History: L. 1992, ch. 294, § 4; L. 2014, ch. 115, § 244; July 1.
§§ 65-1,163 Identification and referral of pregnant women at risk for prenatal substance abuse
(a) The secretary of health and environment shall develop a risk assessment profile to assist health care providers screen pregnant women for prenatal substance abuse.
(b) Any health care provider who identifies a pregnant woman who is at risk for prenatal substance abuse may refer such woman with her consent to the local health department for service coordination by providing such woman's name to the local health department or the Kansas department of health and environment within five working days.
(c) There shall be no civil or criminal cause of action against a health care provider related to the rendering or failure to render any service under this section.
(d) Referral and associated documentation provided for in this section shall be confidential and shall not be used in any criminal prosecution.
(e) The consent required by subsection (b) shall be deemed a waiver of the physician-patient privilege solely for the purpose of making the report pursuant to subsection (b).
(f) This section shall take effect and be in force from and after January 1, 1993.
History: L. 1992, ch. 294, § 5; May 28.
§§ 65-1,164 Same; service coordination for woman and family
(a) Upon referral pursuant to subsection (b) of K.S.A. 65-1,163, the local health department shall offer service coordination to the pregnant woman and her family. The local health department shall coordinate social services, health care, mental health services and needed education and rehabilitation services. Service coordination shall be initiated within 72 hours of referral.
(b) This section shall take effect and be in force from and after January 1, 1993.
History: L. 1992, ch. 294, § 6; May 28.
§§ 65-1,165 Same; referred pregnant woman first priority user of treatment through the Kansas department for aging and disability services
A pregnant woman referred for substance abuse treatment shall be a first priority user of substance abuse treatment available through aging and disability services. All records and reports regarding such pregnant woman shall be kept confidential. The secretary for aging and disability services shall ensure that family oriented substance abuse treatment is available. Substance abuse treatment facilities which receive public funds shall not refuse to treat women solely because they are pregnant.
History: L. 1992, ch. 294, § 7; L. 2014, ch. 115, § 245; July 1.
§§ 65-1,166 Toll free information line
(a) The secretary of health and environment shall maintain a toll free information line for the purpose of providing information on resources for substance abuse treatment and for assisting with referral for substance abusing pregnant women.
(b) This section shall take effect and be in force from and after January 1, 1993.
History: L. 1992, ch. 294, § 8; May 28.
§§ 65-1,167 Construction of act
This act [*] shall not be construed in any way to create any new programs.
History: L. 1992, ch. 294, § 12; May 28.
§§ 65-1,168 Cancer registry; definitions
As used in this act:
(a) "Confidential data" means any data which permits the identification of individuals.
(b) "Health care provider" means a person licensed to practice medicine and surgery, a hospital or ambulatory surgery center, as defined in K.S.A. 65-425, and amendments thereto, a radiology oncology center, a person licensed to practice dentistry, as defined in K.S.A. 65-1422, and amendments thereto or a pathology laboratory.
(c) "Secretary" means the secretary of the department of health and environment.
History: L. 1997, ch. 110, § 1; L. 2004, ch. 14, § 1; July 1.
§§ 65-1,169 Same; collection of data; rules and regulations; reporting of cases
(a) The secretary is hereby authorized to collect data pertaining to all cancers occurring in Kansas into a registry which shall be the cancer registry for the state of Kansas. The secretary shall adopt rules and regulations which use the most efficient, least intrusive means for collecting cancer data consistent with ensuring the quality, timeliness, completeness and confidentiality of the cancer registry. The rules and regulations shall specify who shall report, the data elements to be reported, timeliness of reporting and format for collecting and transmitting data to the registry.
(b) Health care providers, as defined in K.S.A. 65-1,168, and amendments thereto, and other individuals and entities specified in rules and regulations shall report to the registry each case diagnosed or treated unless exempted by statute or regulation within six months of the date of diagnosis.
History: L. 1997, ch. 110, § 2; L. 2004, ch. 14, § 2; July 1.
§§ 65-1,170 Same; uses of nonconfidential data
Uses of registry data which are not confidential in nature include, but are not limited to:
(a) The production of statistical data which outline the frequency, distribution, severity at diagnosis, treatment and survival for each type of cancer;
(b) the design and implementation of cancer screening programs which have been demonstrated to decrease cancer mortality;
(c) assessing the cancer risk in the Kansas population;
(d) assessing the possible cancer risk of abortion;
(e) identifying previously unrecognized risk factors and causes of cancer;
(f) monitoring the potential health impact of environmental exposures;
(g) monitoring health care access and utilization and effectiveness of services for the prevention and treatment of cancer; and
(h) quantifying costs associated with cancer care.
History: L. 1997, ch. 110, § 3; July 1.
§§ 65-1,171 Same; confidential data; exceptions to prohibition on disclosure; data not subject to subpoena or open records act; storage of data
The information contained on the cancer registry shall be confidential, shall not be disclosed except as provided in K.S.A. 65-1,172 and amendments thereto, shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding and shall not be subject to the provisions of the Kansas open records act. The secretary shall ensure that the confidentiality of any data collected which might be used to identify an individual with cancer or a health care provider is maintained. Storage of cancer data shall be in a manner which will protect all information which uniquely identifies individuals.
History: L. 1997, ch. 110, § 4; July 1.
§§ 65-1,172 Same; uses of confidential data
(a) Confidential data collected pursuant to this act shall be securely locked and used only for the following purposes:
(1) Ensuring the quality and completeness of the registry data.
(2) Investigating the nature and cause of abnormal clusterings of cancer and the possible cancer risk related to having an abortion.
(3) Offering through the personal physician, to persons with cancer, access to cancer diagnostics and treatments not available except through clinical trials. As long as such trials are conducted with the informed, written consent of the cancer patient, the confidential data is approved for release by the secretary for the purpose of such clinical trials and the clinical trials are approved by the clinical entity.
(4) Releasing data back to the institution or individual which reported cases as long as such release includes only those cases previously reported by the requesting institution or individual.
(5) As part of an exchange agreement with another state, confidential data collected on a resident of another state may be released to the cancer registry of that person's state of residence if that state has confidentiality requirements that provide assurance of protection of confidentiality equivalent to that provided by Kansas under this act.
(6) Releasing information upon consent, in writing, of the person who is the subject of the information, or if such person is under 18 years of age, by such person's parent or guardian.
(7) Follow up for public health purposes. With the approval of the health and environmental institutional review board as provided for in title 45, part 46 of the code of federal regulations, the secretary of health and environment or the secretary's designee, may contact individuals who are the subjects of the reports made pursuant to K.S.A. 65-1,169, and amendments thereto. The secretary shall inform such individuals that the participation in such projects is voluntary and may only be conducted with the written consent of the person who is the subject of the information or with the informed consent of a parent or legal guardian if the person is under 18 years of age. Informed consent is not required if the person who is the subject of the information is deceased.
(b) The secretary shall adopt rules and regulations to define who may be authorized to conduct such follow up studies and to develop criteria for obtaining informed consent.
History: L. 1997, ch. 110, § 5; L. 2007, ch. 177, § 24; May 17.
§§ 65-1,173 Same; panel to establish policies for release of nonconfidential data; release of statistical data
The secretary shall designate a panel, including at least one physician licensed to practice medicine in Kansas and the registry director, which shall establish policies for release of nonconfidential data and shall review requests for the confidential registry data. No restrictions are placed on release of data which are statistical in nature.
History: L. 1997, ch. 110, § 6; July 1.
§§ 65-1,174 Same; immunity from civil or criminal liability for reporting; privilege under K.S.A. 60-427 not applicable to reports under this act; section not applicable to unauthorized disclosure due to gross negligence or willful misconduct
Any health care provider, whether a person or institution, who reports cancer information to the registry in good faith and without malice, in accordance with the requirements of this statute, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed in an action resulting from such report. Notwithstanding K.S.A. 60-427 and amendments thereto, there shall be no privilege preventing the furnishing of such information or reports as required by this act by any health care provider. Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential or privileged information when such disclosure is due to gross negligence or willful misconduct.
History: L. 1997, ch. 110, § 7; July 1.
§§ 65-1,174a Cancer screening program
(a) The department of health and environment shall, subject to appropriations, establish a program to increase access to screenings for colon, breast, prostate and cervical cancer, to be used in conjunction with, but not limited to, rural health clinics and safety net clinics, the cost of which shall not exceed $1,500,000.
(b) The provisions of this section shall not take effect until July 1, 2008.
History: L. 2008, ch. 164, § 20; May 29.
§§ 65-1,175 Surface water quality standards; definitions
As used in this act, unless the context otherwise requires:
(a) "Department" means the department of health and environment.
(b) "Secretary" means the secretary of health and environment.
(c) "1994 surface water quality standards" means the Kansas surface water quality standards found at K.A.R. 28-16-28b et seq., as in effect August 29, 1994.
History: L. 1997, ch. 148, § 1; May 1.
§§ 65-1,176 Same; mixing zone to be used; standards for ammonia, chlorides and atrazine; permit conditions; assistance in meeting standards
On and after the effective date of this act and before July 1, 1999:
(a) The department shall use a mixing zone of 50% of the average cross-sectional area of the stream based on either a low flow provision of one cubic foot per second or the 7Q10 flow, whichever is the greater existing condition in the receiving stream, in determining NPDES permit limits for total ammonia and chlorides under subsections (b) and (d) for permits issued by the department.
(b) Unless an applicant for a new or renewal NPDES permit agrees to meet all 1994 surface water quality standards, notwithstanding the provisions of subsection (a), the department shall not require the applicant to comply with the numeric aquatic life criteria for total ammonia and chlorides that are contained in the 1994 surface water quality standards and shall instead require an applicant to comply with the applicant's existing permit requirements, including mixing zone provisions applicable to the permit, for numeric criteria for total ammonia and chlorides or with the criteria for total ammonia and chlorides that took effect May 1, 1987, whichever is more protective. Nothing herein shall be construed to require compliance with mixing zone provisions and numeric aquatic life criteria for total ammonia and chlorides that are more restrictive than the 1994 surface water quality standards.
(c) The department shall not use the numeric chronic aquatic life criteria for atrazine in Table 1a of subsection (d) of K.A.R. 1995 Supp. 28-16-28e and shall rely instead on the greater of either a standard of 3 parts per billion for atrazine or any revised numeric chronic aquatic life criteria for atrazine adopted by the department after consideration of any new criteria recommended by the United States environmental protection agency after the effective date of this act. Conformance with the atrazine standard shall be determined by application of the methodology used in the 1996 Kansas water quality assessment report (305(b) report) published by the department.
(d) Permits issued for expansion, upgrade or new construction of wastewater treatment facilities and modifications and renewals of existing permits shall include the following statement of conditions, which shall be legally binding and enforceable upon the permittee:
"The permittee who does not agree to meet effluent limitations as necessary to attain the aquatic life criteria for ammonia and chlorides within the 1994 surface water quality standards incurs and acknowledges the legal duty and obligation to bring the facilities and operations authorized by this permit into compliance with the permit effluent limitations based on the 1994 surface water quality standards within 24 months after July 1, 1999, unless before July 1, 1999, revised numeric criteria for ammonia and chlorides are adopted pursuant to subsection (g) of K.S.A. 1999 Supp. 65-1,177, in which case the permittee incurs and acknowledges the legal duty and obligation to bring such facilities and operations into compliance with the permit effluent limitations based on the revised criteria within 24 months following the date of adoption of the rules and regulations containing the revised criteria."
(e) The department shall develop a plan and permit conditions that will assist entities that, on the effective date of this act, hold a permit or are applicants for a permit in meeting the requirements of this section relating to total ammonia and chlorides.
History: L. 1997, ch. 148, § 2; May 1.
§§ 65-1,177 Repealed
History: L. 1997, ch. 148, § 3; L. 2004, ch. 101, § 169; Repealed, L. 2011, ch. 108, § 2; July 1.
§§ 65-1,178 Definitions
As used in K.S.A. 65-1,178 through 65-1,198, and amendments thereto, except as the context otherwise requires:
(a) "Application" means:
(1) The applicable fee, all properly completed and executed documents furnished by the department and any additional required documents or information necessary for obtaining a permit, including but not limited to a registration, construction plans, specifications and any required manure management, nutrient utilization, emergency response, odor control, facility closure and dead swine handling plans; or
(2) registration with the department before July 1, 1996, which has not been acted on by the department before March 1, 1998.
(b) "Best available technology for swine facilities" means the best available technology for swine facilities, as determined by the department in consultation with Kansas state university, owners and operators of permitted swine facilities and other appropriate persons, entities and state and federal agencies.
(c) "Best management practices for swine facilities" means those schedules of activities, maintenance procedures and other management practices of a swine facility that are designed to minimize or prevent pollution of the air, water or soil or to control odor, flies, rodents and other pests, as determined by the department in consultation with Kansas state university, owners and operators of permitted swine facilities and other appropriate persons, entities and state and federal agencies.
(d) "Department" means the department of health and environment.
(e) "Existing swine facility" means any swine facility in existence and registered with or permitted by the secretary before the effective date of this act.
(f) "In existence" means constructed or in place and capable of confining, feeding and maintaining swine. If the department has taken final formal administrative action requiring abandonment of a swine facility or cessation of a swine facility operation for reasons other than separation distances, the department shall conclude the past facility or operation was illegal and not eligible to continue previously legal acts. A facility for which the department has taken such an action shall be considered a new swine facility for the purpose of separation distance requirements.
(g) "Permit" means a water pollution control permit for a swine facility pursuant to K.S.A. 65-166a and 65-171d, and amendments thereto.
(h) "Secretary" means the secretary of health and environment.
(i) "Significant water pollution potential" means any significant potential for pollution of groundwater or surface waters as defined by rules and regulations adopted by the secretary.
(j) "Swine facility" means a confined feeding facility for swine.
(k) "Swine waste management system" means all constructed, excavated or natural receptacles used for the collection, conveyance, storage or treatment of manure or wastewater, or both, from a swine facility, including swine containment buildings.
(l) "Swine waste retention lagoon or pond" means an excavated or diked structure, or a natural depression, provided for or used by a swine facility for the purpose of containing or detaining swine wastes or other wastes generated in the production of swine.
History: L. 1998, ch. 143, § 2; May 7.
§§ 65-1,179 Permit application; public notice, comment, hearing; department action, when
(a) After receipt of an application for a permit for construction of a new swine facility or expansion of an existing swine facility, the department shall publish in the Kansas register a notice of receipt of the application which shall include but not be limited to:
(1) The names and addresses of the operator of the facility and the owner of the property where the facility is or will be located; and
(2) notice of the availability of the document and fact sheet prepared pursuant to subsection (b).
(b) After receipt of an application for a permit for construction of a new swine facility or expansion of an existing swine facility, the department shall prepare the following, which, at a minimum, shall be made available on the internet and shall be available for inspection and copying, in accordance with the open records act, at the department's office in the district where the swine facility is or will be located:
(1) A document containing all the requirements with which the swine facility must comply upon approval by the department and a brief explanation of the statutory or regulatory provisions on which the requirements are based;
(2) any determinations of, and explanations for, departures from any requirements otherwise applicable to the facility, including citations to the applicable guidelines, development documents or authorities for the departures; and
(3) a fact sheet containing the following information required in the application:
(A) A detailed description of the location of the facility, including the section, township and range, with reference to any applicable comprehensive land use plan or zoning requirements;
(B) a map showing water wells located on the facility's property, landmarks in the vicinity and nearby streams and bodies of water;
(C) a description of the facility, including the swine waste management system and facilities and any areas designated by the applicant for future expansion as provided for by subsection (k) of K.S.A. 65-171d and amendments thereto;
(D) a nutrient application plan, if required by K.S.A. 65-1,182, including base-line soil tests for a new facility or new field to which wastes will be applied, and a crop rotation plan; and
(E) a statement that the applicant will consult with the county extension agent or a qualified agronomist or individual trained in crop protection to ensure that correct agronomic rates of application are used and records of those consultations will be maintained by the applicant.
(c) The secretary shall establish by rules and regulations the form of public notice that is required for receipt of a completed application for a permit for construction of a new swine facility or expansion of an existing swine facility. Such notice shall be by publication in a newspaper of general circulation in the county where the facility is or will be located, direct notification of residents in the vicinity of the facility and notification of local government officials.
(d) The public notice required by subsection (c) shall contain the following:
(1) The name, address and telephone number of the official at the department who is responsible for processing the application and the locations where further information and copies of documents can be reviewed, which locations shall be in the county where the facility is or will be located;
(2) the names and addresses of the operator of the facility and the owner of the property where the facility is or will be located;
(3) a statement of the tentative determination of the department to approve the issuance of the permit;
(4) a brief description of the procedures and schedule for making the final determination of approval or disapproval;
(5) notice of availability of the document and fact sheet prepared pursuant to subsection (b);
(6) a request for public comment on the tentative decision to approve the issuance of the permit and the requirements for the facility described in the document prepared pursuant to subsection (b)(1); and
(7) a description of the procedures for providing public comment.
(e) The department shall provide a period of 30 days from the date of the public notice required by subsection (c) for submission of public comments.
(f) The department, in its discretion, may hold a public meeting or hearing within 60 days after the conclusion of the comment period required by subsection (e) to receive further public comment if the department determines that significant environmental or technical concerns or issues have been raised during the comment period. The department shall hold a public hearing within 60 days after the conclusion of the comment period required by subsection (e) to receive further public comment if a hearing is requested by any owner of a habitable structure within the applicable separation distance. Public meetings and hearings held pursuant to this subsection shall address only those matters for which the secretary has authority.
(g) The department shall not make a determination to approve the issuance of a permit until completion of the procedures required by this section. The department may disapprove at any time the issuance of a permit without completing the procedures required by this section.
(h) The department shall make the determination to approve or disapprove the issuance of a permit not later than 180 days after the completed application is filed with the department.
(i) An operator of a swine facility shall submit a registration or application to the department before initiating construction or operation of either a swine facility or a swine waste management system. When the department finds no permit is required, construction or operation of the swine facility may be initiated upon issuance, by the department, of a certification. When the department determines a permit or permit modification is required for the swine facility, construction may be initiated upon approval of the application, construction plans, specifications and swine waste management plan. Operation and stocking of a swine facility for which a permit is required shall not be initiated until the department issues the permit. An operator of a swine facility for which a permit modification is required because of a proposed facility expansion shall not increase the number of swine at the facility beyond that authorized by the permit until the department issues the modified permit.
History: L. 1998, ch. 143, § 3; May 7.
§§ 65-1,180 Required distances from water
(a) The department shall not approve a permit for construction of a new swine facility or expansion of an existing swine facility unless the swine waste management system for the facility:
(1) Is located in such a manner as to prevent impairment of surface waters and groundwaters, except where consistent with the requirements of this section;
(2) is located outside any 100-year flood plain unless procedures and precautions are employed to flood-proof the facilities;
(3) except as provided by subsection (c), is located: (A) Not less than 500 feet from any surface water if the facility has an animal unit capacity of 3,725 or more; (B) not less than 250 feet from any surface water if the facility has an animal unit capacity of 1,000 to 3,724; or (C) not less than 100 feet from any surface water if the facility has an animal unit capacity of under 1,000;
(4) except as provided by subsection (d), is located not less than 250 feet from any private drinking water well that is in active use; and
(5) is located not less than 1,000 feet from any publicly owned drinking water well that is in active use.
(b) The separation distances required pursuant to subsection (a) shall not apply to:
(1) Any swine facility that, on the effective date of this act, holds a valid permit issued by the secretary;
(2) swine facilities for which an application has been received before the effective date of this act; or
(3) expansion of a swine facility if an application for the expansion has been received before the effective date of this act.
(c) The separation distances required by subsection (a)(3) shall not apply to any freshwater reservoir or farm pond that is privately owned if complete ownership of land bordering the reservoir or pond is under common private ownership. Such separation distances shall apply to any waters that flow from such reservoir or pond. The secretary shall have the authority provided by subsections (d) and (e) of K.S.A. 65-171d and amendments thereto with respect to any such reservoir or pond as necessary to protect the public health, the soils or waters of the state and wildlife.
(d) The separation distance required by subsection (a)(4) shall not apply to any private drinking water well that is located within the perimeter from which separation distances are determined pursuant to subsection (k) of K.S.A. 65-171d and amendments thereto but, if the facility has an animal unit capacity of 3,725 or more, the facility operator shall test waters from such well and annually report the test results to the department.
History: L. 1998, ch. 143, § 4; May 7.
§§ 65-1,181 Manure management plan; lagoon standards; monitoring wells, when
(a) Each applicant for a permit for construction of a new swine facility having an animal unit capacity of 1,000 or more or expansion of an existing swine facility to an animal unit capacity of 1,000 or more shall submit with the application for a permit a manure management plan and shall comply with the plan when the permit is issued by the department.
(b) Each existing swine facility that has an animal unit capacity of 1,000 or more on the effective date of this act shall submit to the department, within six months after the rules and regulations implementing this act are adopted, a manure management plan for approval by the department and shall comply with the plan as soon thereafter as practicable.
(c) Each manure management plan required by this section shall describe the methods for, and account for, the disposal of all manure and wastewater generated by the swine facility. If the methods of disposal of the manure or wastewater include land application, the facility also shall prepare a nutrient utilization plan, as required by subsection (b) of K.S.A. 65-1,182, and amendments thereto.
(d) Each swine facility that is required by this section to have a manure management plan shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
(e) The secretary shall establish by rules and regulations the circumstances under which amendments to manure management plans must be submitted to the department for the department's approval.
(f) Each swine facility that is required by this section to have a manure management plan shall maintain such plan in accordance with K.S.A. 65-1,185, and amendments thereto.
(g) As a condition of approval of any permit for a swine facility that is required by this section to have a manure management plan, the department shall require that, if the operator of the facility does not own the swine at the facility, the operator shall execute with the owner of the swine a contract that specifies responsibility for management of the manure and wastewater generated at the facility.
(h) If a swine facility is required by this section to have a manure management plan and such facility generates manure or wastewater, or both, that is sold or given to a person who is not employed by the facility and is to be disposed of by means other than land application on areas covered by the facility's nutrient utilization plan, the department shall require that:
(1) The facility shall maintain a log of removal of the manure or wastewater from the facility and such log shall contain the following:
(A) The name and address of each person to whom the manure or wastewater is sold or given and of each hauler of the manure or wastewater;
(B) the date of the removal of the manure or wastewater; and
(C) the volume of the removed manure or wastewater; and
(2) the facility shall provide to the hauler of the removed manure or wastewater the most recent manure nutrient analysis conducted pursuant to subsection (c) of K.S.A. 65-1,182 and amendments thereto, if the removed manure or wastewater are to be land applied.
(i) (1) Except as provided by subsection (i)(5), if a swine waste retention lagoon or pond is utilized by a swine facility that has an animal unit capacity of 3,725 or more and is located where the groundwater is at a depth of 25 feet or less from the underneath side of the liner of the lagoon or pond:
(A) The sides and bottom of such lagoon or pond shall be lined with:
(i) A compacted soil liner with a minimum depth of one foot and maximum seepage rate of ⅛ inch per day; or
(ii) an impermeable liner on top of a compacted soil liner with a minimum depth of one foot and maximum seepage rate of ¼ inch per day; and
(B) the facility operator shall be required to install not fewer than one upstream and two downstream groundwater monitoring wells for each such single cell lagoon or pond and for the primary cell of each such multiple cell lagoon or pond, or employ equivalent technology, as provided by rules and regulations of the secretary.
(2) Except as provided by subsections (i)(3), (4) and (5), if a swine waste retention lagoon or pond is utilized by a swine facility that has an animal unit capacity of 3,725 or more and is located where the groundwater is at a depth of more than 25 feet from the underneath side of the liner of the lagoon or pond, the sides and bottom of such lagoon or pond shall be lined with:
(A) A compacted soil liner with a minimum depth of one foot and maximum seepage rate of ⅛ inch per day; or
(B) an impermeable liner on top of a compacted soil liner with a minimum depth of one foot and maximum seepage rate of ¼ inch per day.
(3) If the compacted soil liner requirements of subsection (i)(2) cannot be met for one or more waste retention lagoons or ponds to which such subsection applies:
(A) The sides and bottom of such lagoons or ponds shall be lined with an impermeable liner on top of a soil liner compacted to the extent possible; and
(B) if the groundwater is at a depth of 150 feet or less from the surface of the land at the place where such lagoons or ponds are located, the facility operator shall be required to install not fewer than one upstream and two downstream groundwater monitoring wells for each such single cell lagoon or pond and for the primary cell of each such multiple cell lagoon or pond, or employ equivalent technology, as provided by rules and regulations of the secretary.
(4) Any swine waste retention lagoons or ponds existing on the effective date of this act and utilized by a swine facility that has an animal unit capacity of 3,725 or more shall not be required to meet the requirements of subsection (i)(1), (2) or (3) but the facility operator shall be required to install, before January 1, 2000, not fewer than one upstream and two downstream groundwater monitoring wells for each such single cell lagoon or pond and for the primary cell of each such multiple cell lagoon or pond, or employ equivalent technology, as provided by rules and regulations of the secretary, if the groundwater is at a depth of 150 feet or less from the surface of the land at the place where such lagoons or ponds are located unless: (A) The groundwater is at a depth of more than 25 feet from the underneath side of the liner of the lagoons or ponds; and (B) the facility operator submits to the department engineering or field data that proves compliance with the requirements of subsection (i)(2).
(5) On or after January 1, 2000, if the secretary determines, based on scientific evidence, that the standards imposed by subsections (i)(1), (2), (3) and (4) are not required to protect the groundwater, the secretary may increase the animal unit capacity at which such standards apply.
(j) The secretary may require installation and sampling of groundwater monitoring wells in the vicinity of any swine waste retention lagoon or pond when the secretary determines necessary, or the secretary may allow the use of equivalent technology, as provided by rules and regulations of the secretary. The locations and design of such monitoring wells shall be subject to approval by the secretary.
(k) The secretary may require, as a condition of issuance or renewal of a permit for a swine facility having an animal unit capacity of 1,000 or more, that trees be planted as vegetative screening to control odor. [*]
(l) The secretary may adopt by rules and regulations such additional standards for location and construction of swine waste retention lagoons and ponds utilized by swine facilities having an animal unit capacity of 1,000 or more as the secretary determines necessary to protect the waters and soils of the state and the public health.
(m) Before issuing any permit for a swine facility that will utilize a swine waste retention lagoon or pond or approving any plans for a swine waste retention lagoon or pond, the department shall make a determination, after consultation with the state corporation commission, that there is no unplugged oil or gas well at the planned location of such lagoon or pond. If, during construction of any swine waste retention lagoon or pond, an unplugged well is discovered at the location of such lagoon or pond, the facility owner and the facility operator shall have the duty to report the discovery to the department immediately.
History: L. 1998, ch. 143, § 5; May 7.
§§ 65-1,182 Nutrient utilization plan; requirements for land application of manure or wastewater
(a) The department of health and environment shall not issue or renew a permit for any swine facility that has an animal unit capacity of 1,000 or more and that applies manure or wastewater to land unless:
(1) The land application process complies with the applicable requirements of this section; and
(2) the nutrient utilization plan required by this section is approved by the secretary of health and environment as specified by K.S.A. 2-3318, and amendments thereto.
(b) (1) If the manure management plan prepared pursuant to K.S.A. 65-1,181, and amendments thereto, provides for land application of manure or wastewater:
(A) The applicant for a permit for construction of a new swine facility or for expansion of an existing swine facility shall submit with the application for a permit a nutrient utilization plan on a form prescribed by the secretary of health and environment as applicable and shall comply with the plan when the permit is issued by the department of health and environment; and
(B) the operator of an existing swine facility shall submit to the department of health and environment, within six months after the rules and regulations implementing this act are adopted, a nutrient utilization plan on a form prescribed by the secretary of health and environment, for approval by the secretary of health and environment and shall comply with the plan by a date established by the secretary of health and environment.
(2) Each nutrient utilization plan shall address site-specific conditions for land application of manure, wastewater and other nutrient sources, comply with the requirements of this section and contain, at minimum, the following:
(A) A site map of all land application areas, including section, township and range;
(B) crop rotations on the land application areas;
(C) annual records of soil tests, manure nutrient analyses, and calculations required by subsection (c);
(D) nutrient budgets for the land application areas;
(E) rates, methods, frequency and timing of application of manure, wastewater and other nutrient sources to the land application areas;
(F) the amounts of nitrogen and phosphorus applied to the land application areas;
(G) precipitation records and the amounts of irrigation and other water applied;
(H) records of inspections and preventive maintenance of equipment required by subsection (f)(6);
(I) copies of all landowner agreements for land that is not owned by the swine facility and is scheduled to receive manure or wastewater;
(J) names of employees and contractors whom the operator of the swine facility has identified pursuant to subsection (f)(7) to supervise the process of transferring manure or wastewater to land application equipment and the process of land application;
(K) records of training of all personnel who supervise and conduct the land application of manure or wastewater, as required by subsection (f)(7); and
(L) any other information required by the secretary of health and environment to facilitate approval.
(3) (A) A swine facility that is required to have a nutrient utilization plan shall amend such plan whenever warranted by changes in the facility, soil test results or other conditions affecting the facility.
(B) Amendments to the nutrient utilization plan must be approved by the secretary of health and environment.
(4) A swine facility that is required to have a nutrient utilization plan shall maintain such plan in accordance with K.S.A. 65-1,185, and amendments thereto.
(c) (1) Each swine facility that has a manure management plan that includes land application of manure or wastewater shall:
(A) Conduct soil tests, including but not limited to tests for nitrogen, phosphate, chloride, copper and zinc, on the land application areas prior to preparation of the nutrient utilization plan and at least annually thereafter, or as often as required by best available soil science and standards relative to the soils of, and crops to be grown on, the land application areas or as required by the secretary of health and environment; and
(B) include the results of such tests in its nutrient utilization plan.
(2) Each swine facility that has a manure management plan that includes land application of manure or wastewater or sells or gives manure or wastewater to third persons pursuant to subsection (h) of K.S.A. 65-1,181, and amendments thereto, shall:
(A) Conduct manure nutrient analyses of its manure and wastewater prior to preparation of its nutrient utilization plan and at least every two years thereafter; and
(B) include the results of such analyses in its nutrient utilization plan.
(3) Each swine facility that has a manure management plan that includes land application of manure or wastewater shall:
(A) Compare the manure nutrient analyses required by subsection (c)(2) with the soil tests required by subsection (c)(1) to calculate needed fertility and application rates for pasture production and crop target yields on the land application areas prior to the preparation of the nutrient utilization plan and each time thereafter when new soil tests or manure nutrient analyses are conducted; and
(B) include such calculations in the nutrient utilization plan.
(d) If a swine facility is required to have a nutrient utilization plan and finds that the soil tests required pursuant to this act indicate that the phosphorus holding capacity for any soils in the facility's land application areas may be exceeded within five years, the facility shall promptly initiate the process to obtain access to the additional land application areas needed, or make other adjustments, to achieve the capability to apply manure or wastewater at appropriate agronomic rates.
(e) The Kansas department of health and environment may require a swine facility that is required to have a nutrient utilization plan to apply manure or wastewater on all or a portion of the facility's land application areas at a rate within the agronomic phosphorus needs of the crops or pasture, or the soil phosphorus holding capacity, in less than the time originally allowed in the approved nutrient utilization plan if the department of health and environment finds that the land application actions of the facility are contributing to the impairment of groundwater or surface water.
(f) (1) Each swine facility that is required to have a nutrient utilization plan shall include in such plan, and thereafter comply with, the requirements that manure or wastewater shall not be applied on bare ground by any process, other than incorporation into the soil during the same day, within 1,000 feet of any habitable structure, wildlife refuge or city, county, state or federal park, unless:
(A) The manure or wastewater has been subjected to physical, biological or biochemical treatment or other treatment method for odor reduction approved by the department of health and environment;
(B) the manure or wastewater is applied with innovative treatment or application that is best available technology for swine facilities and best management practices for swine facilities or other technology approved by the department of health and environment; or
(C) the owner of the habitable structure has provided a written waiver to the facility.
(2) The separation distance requirements of subsection (f)(1) shall not apply to any structure constructed or park designated as a city, county, state or federal park after the effective date of this act, for swine facilities in existence on the effective date of this act, or any structure constructed or park designated as a city, county, state or federal park after submission of an application for a permit for a new swine facility or expansion of an existing swine facility.
(3) Swine facilities that are required to have a nutrient utilization plan shall not apply manure or wastewater:
(A) To lands classified as highly erodible according to the conservation compliance provisions of the federal food security act of 1985, as in effect on the effective date of this act, and classified as highly erodible on the basis of erosion resulting from water runoff, except where soil conservation practices to control erosion and runoff in compliance with the requirements of this section are identified in the facility's nutrient utilization plan and are followed by the facility;
(B) during rain storms, except where soil conservation practices to control erosion and runoff in compliance with the requirements of this section are identified in the facility's nutrient utilization plan and are followed by the facility;
(C) to frozen or saturated soil, except where soil conservation practices to control runoff in compliance with the requirements of this section are identified in the facility's nutrient utilization plan and are followed by the facility; and
(D) to any areas to which the separation distance requirements of subsection (f) apply.
(4) Swine facilities that are required to have a nutrient utilization plan shall follow procedures and precautions in the land application of manure or wastewater to prevent discharge of manure or wastewater to surface water and groundwater due to excess infiltration, penetration of drainage tile lines, introduction into tile inlets or surface runoff, including appropriate soil conservation practices to protect surface water from runoff carrying eroded soil and manure particles.
(5) Swine facilities that are required to have a nutrient utilization plan and that conduct wastewater irrigation shall:
(A) Employ measures to irrigate under conditions that reasonably prevent surface runoff; and
(B) use reasonable procedures and precautions to avoid spray drift from the land to which it is applied.
(6) Each swine facility that is required to have a nutrient utilization plan and that land applies manure or wastewater shall ensure that any equipment used in the land application process is properly maintained and calibrated and monitor the use of the equipment so that any malfunction that develops during the land application process is detected and the process ceases until the malfunction is corrected.
(7) The operator of each swine facility that is required to have a nutrient utilization plan and that land applies manure or wastewater shall:
(A) Identify, train and keep current the training of each employee and contractor who supervises the transfer of manure or wastewater to land application equipment and the conducting of land application activities; and
(B) train, and keep current the training of, all employees and contractors who conduct land application activities.
(g) Each swine facility that is required to have a nutrient utilization plan shall amend such plan whenever warranted by changes in conditions. The operator of the facility shall file such plan and any amendments to such plan with the department of health and environment.
(h) The secretary of health and environment shall make a determination to approve or disapprove a nutrient utilization plan not later than 45 days after the plan is received from the department of health and environment.
History: L. 1998, ch. 143, § 6; L. 2004, ch. 101, § 194; L. 2009, ch. 128, § 35; July 1.
§§ 65-1,183 Waste management system; standards for operators; failure or unplanned release
The secretary shall adopt rules and regulations establishing:
(a) Standards for training and certifying, and for periodic continuing education or recertification of, swine facility operators maintaining or supervising the swine waste management system of a swine facility that is required to have a permit; and
(b) procedures for notifying the department of failure of a swine waste retention lagoon or pond or any unplanned release of animal waste by a swine facility.
History: L. 1998, ch. 143, § 7; May 7.
§§ 65-1,184 Emergency response plan
(a) The secretary shall establish by rules and regulations the circumstances under which a permitted swine facility shall be required to develop an emergency response plan.
(b) Each swine facility that is required to submit an emergency response plan shall maintain such plan:
(1) In a location at the facility that is readily accessible to all employees or contractors who are responsible for implementing the plan; and
(2) as otherwise required in K.S.A. 65-1,185 and amendments thereto.
(c) The operator of each swine facility that is required to submit an emergency response plan shall train, and keep current the training of, the employees and contractors who are responsible for implementing such plan.
(d) Each swine facility that is required to submit an emergency response plan shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
History: L. 1998, ch. 143, § 8; May 7.
§§ 65-1,185 Retention of facility's records and plans
(a) Each swine facility that is required to have a permit shall keep all records and plans required by this act at the facility's site office in a manner that is accessible to inspection by authorized representatives of the department pursuant to K.S.A. 65-1,191 and amendments thereto.
(b) Each swine facility that is required to have a permit shall retain at the location required in subsection (a) the current and previous three years' versions of the records and plans required by this act.
History: L. 1998, ch. 143, § 9; May 7.
§§ 65-1,186 Facility operator; certification; responsibility for employee training
(a) (1) As a condition of issuance of a permit for a swine facility that has an animal unit capacity of 1,000 or more, the operator of the facility shall be certified by the department, or by a third party approved by the department, as to the operator's knowledge of:
(A) Management of manure and wastewater;
(B) nutrient utilization planning and implementation;
(C) emergency response planning and implementation, if required; and
(D) the other requirements of this act.
(2) If the department has not established or sanctioned an operator certification program at the time that a swine facility applies for a permit, or if a vacancy occurs in a certified operator position, the department may issue a permit for the facility without the operator certificate, and the operator shall complete the certification program within six months after it is established or sanctioned.
(b) The operator of each swine facility shall be responsible for the training of employees or contractors required by subsection (f)(7)(A) of K.S.A. 65-1,182 and amendments thereto (supervisors of land application), subsection (f)(7)(B) of K.S.A. 65-1,182 and amendments thereto (persons who conduct land application) and subsection (c) of K.S.A. 65-1,184 and amendments thereto (persons responsible for implementing the emergency response plan).
History: L. 1998, ch. 143, § 10; May 7.
§§ 65-1,187 Odor control plan
(a) As a condition of issuance of a permit for a swine facility, the department shall require the applicant to submit a plan, approved by the department, for odor control if the application is for:
(1) A permit for construction or expansion of a swine facility that has an animal unit capacity of 1,000 or more;
(2) a permit for expansion of a swine facility to an animal unit capacity of 1,000 or more; or
(3) renewal of a permit for a swine facility that has an animal unit capacity of 1,000 or more.
(b) Each swine facility that is required to submit an odor control plan shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
(c) In promulgating rules and regulations governing odor control plans, the secretary shall take into consideration different sizes of facilities and other relevant factors.
History: L. 1998, ch. 143, § 11; May 7.
§§ 65-1,188 Dead animal handling plan
(a) Every swine facility that has a capacity of 1,000 or more animal units shall file with the department a plan for the handling of dead swine. The secretary shall adopt rules and regulations establishing minimum standards, including requirements that:
(1) No dead swine shall be left where visible from municipal roads or habitable structures;
(2) before disposal, all dead swine shall be kept within the perimeter from which separation distances are determined pursuant to subsection (k) of K.S.A. 65-171d and amendments thereto unless otherwise approved by the department; and
(3) carcasses shall be picked up within 48 hours under normal circumstances.
(b) Each swine facility that is required to submit a plan for handling dead swine shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
History: L. 1998, ch. 143, § 17; May 7.
§§ 65-1,189 Facility closure plan; demonstration of financial ability
(a) As a condition of issuance of a permit for a swine facility, the department shall require the applicant to submit a plan, approved by the department, for closure of the facility if the application is for:
(1) A permit for construction or expansion of a swine facility that has an animal unit capacity of 3,725 or more;
(2) a permit for expansion of a swine facility to an animal unit capacity of 3,725 or more; or
(3) renewal of a permit for a swine facility that has an animal unit capacity of 3,725 or more.
(b) The operator of each swine facility that has a capacity of 3,725 animal units or more shall demonstrate annually to the department evidence, satisfactory to the department, that the operator has financial ability to cover the cost of closure of the facility as required by the department.
(c) Each swine facility that is required to submit a facility closure plan shall amend such plan whenever warranted by changes in the facility or in other conditions affecting the facility.
History: L. 1998, ch. 143, § 12; May 7.
§§ 65-1,190 Lagoon closure plan; demonstration of financial ability
(a) (1) Each swine facility that has an animal unit capacity of 3,725 or more and has a swine waste retention lagoon or pond shall maintain the facility at all times until it is certified to comply fully with the closure requirements of this subsection (a).
(2) (A) Any swine facility that has an animal unit capacity of 3,725 or more and ceases to operate shall close any swine waste retention lagoon or pond of the facility in accordance with the requirements of this subsection (a).
(B) Any swine facility that has an animal unit capacity of 3,725 or more and has a swine waste retention lagoon or pond that has not received manure or wastewater from the facility for a period of 12 consecutive months shall close the facility in accordance with the requirements of this subsection (a), unless:
(i) The facility continues to operate;
(ii) the facility intends to restore use of the lagoon or pond at a later date; and
(iii) the facility maintains the lagoon or pond as though it were actively used, adding fresh water to replace water lost to evaporation and preventing loss or compromise of structural integrity or removes and disposes of all manure and wastewater in accordance with the requirements of this act and refills the lagoon or pond with clean water to preserve the integrity of the synthetic or earthen liner.
(C) Any swine facility that has an animal unit capacity of 3,725 or more and chooses not to close a swine waste retention lagoon or pond pursuant to subsection (a)(2)(B) shall:
(i) Notify the department of the decision and the actions taken to comply with the requirements of subsection (a)(2)(B);
(ii) conduct routine inspections, maintenance and record keeping as though the facility were in use; and
(iii) prior to restoration of use of the lagoon or pond, notify the department and provide the department with the opportunity to inspect the facility to ensure that it complies with the requirements of K.S.A. 65-1,180 and amendments thereto.
(3) To close a swine waste retention lagoon or pond, a swine facility that has an animal unit capacity of 3,725 or more shall remove all manure and wastewater, as well as all associated appurtenances and conveyance structures, from the lagoon or pond and dispose of the manure or wastewater in accordance with the requirements of this act or, if the facility requests, as determined otherwise by the department.
(4) The secretary shall adopt rules and regulations establishing standards and procedures for demolition of any swine waste retention lagoon or pond, or conversion of the lagoon or pond to another use (such as a farm pond), as a condition of closure for a swine facility that has an animal unit capacity of 3,725 or more.
(5) Upon notification to the department by a swine facility having an animal unit capacity of 3,725 or more that a swine waste retention lagoon or pond utilized by the facility has been closed, the department shall inspect the lagoon or pond and certify whether the closure complies with the requirements of this subsection (a).
(6) The secretary shall establish, by rules and regulations, standard maximum periods for completion of all closure activities for swine waste retention lagoons and ponds utilized by swine facilities having an animal unit capacity of 3,725 or more from the date of cessation of operation of the lagoon or pond to the date of compliance with all closure requirements of this subsection (a).
(b) When a swine facility having an animal unit capacity of 3,725 or more ceases to operate, it shall close all other manure and wastewater storage facilities to which subsection (a) does not apply removing all manure and wastewater from the manure and wastewater storage facility and disposing of the manure and wastewater in accordance with the requirements of this act or, if the operator of the swine facility requests, as determined otherwise by the department.
(c) On and after July 1, 2000, the operator of each swine facility that has a capacity of 3,725 animal units or more and has a swine waste retention lagoon or pond shall demonstrate to the department, annually at a time specified by the department, evidence, satisfactory to the department, that the operator has financial ability to cover the cost of closure of the lagoon or pond as required by the department.
History: L. 1998, ch. 143, § 13; May 7.
§§ 65-1,191 Inspections
(a) The department shall conduct periodic inspections of, and review the records of, each permitted swine facility as follows:
(1) For any facility identified as having a specific water pollution problem, every 6 months;
(2) for any facility not identified as having a specific water pollution problem:
(A) Every 12 months, if the facility has a capacity of 3,725 or more animal units;
(B) every 24 months, if the facility has a capacity of 1,000 to 3,724 animal units; and
(C) at least once during the term of the facility's permit, if the facility has a capacity of 300 to 999 animal units.
(b) Each permitted swine facility shall grant access to the facility at reasonable times, with appropriate safeguards for protection of animal health, for authorized representatives of the department to conduct inspections required by subsection (a).
(c) If any authorized representative of the department requires access to a swine containment building or facility during the course of any inspection required by subsection (a) or at any other time, the representative shall comply with the animal health protocol of the facility for entry into the building or facility unless the protocol inhibits reasonable access.
(d) No swine facility shall be assessed the cost of any inspection required by subsection (a) either directly at the time of the inspection or indirectly at the time of issuance of a permit for the facility, except that such cost may be assessed for any inspection associated with:
(1) An emergency that results in the discharge of manure or wastewater to surface water or groundwater; or
(2) a swine facility that engages in a course of conduct that results in repeated, material violations of this act.
(e) The secretary may contract with persons or entities to conduct inspections and review of records as required by this act.
History: L. 1998, ch. 143, § 14; May 7.
§§ 65-1,192 Preexisting facilities; application of separation distances
When a swine facility exists prior to the construction of a habitable structure or designation of a park as a city, county, state or federal park that would otherwise be located within the separation distance for a waste retention lagoon or pond or the separation distance for land on which manure or wastewater from the facility has been or is being applied, the separation distance requirement shall not apply to such structure or park since the owner of such structure or park is expected to know and understand that such structure or park, if located in that location, will be subject to agricultural sights, sounds, odors and other characteristics of farming from the preexisting swine facility.
History: L. 1998, ch. 143, § 15; May 7.
§§ 65-1,193 Denial, suspension or revocation of permit; penalties for certain violations
(a) The secretary may deny an application for any permit, whether new or a renewal, for a swine facility and, upon notice and opportunity for hearing in accordance with the Kansas administrative procedure act, may suspend or revoke any permit for a swine facility, if the secretary finds that the applicant, or any officer, director, partner or resident manager of the applicant has:
(1) Intentionally misrepresented a material fact in applying for any permit;
(2) habitually or intentionally violated environmental laws of this or any other state or of the United States and the violations have caused significant and material environmental damage; or
(3) had any permit revoked under the environmental laws of this or any other state or of the United States.
(b) Failure of the operator of a swine confined feeding facility to implement any required manure management, emergency response, odor control, facility closure or dead swine handling plan:
(1) May render the operator liable for a civil penalty pursuant to K.S.A. 65-170d and amendments thereto; and
(2) upon notice and opportunity for hearing in accordance with the Kansas administrative procedure act, shall be grounds for the secretary to suspend the permit for such facility.
History: L. 1998, ch. 143, § 16; May 7.
§§ 65-1,194 Application of certain standards to certain large facilities
A qualified swine facility, as defined by K.S.A. 79-32,204, that expands to an animal unit capacity of 3,725 or more shall be subject to the provisions of this act applicable to a swine facility having an animal unit capacity of 1,000 to 3,724 if:
(a) The department determines that the swine waste management system of such facility on the effective date of this act has the capacity to accommodate the expanded capacity;
(b) the expansion is located within the perimeter from which separation distances are determined pursuant to subsection (k) of K.S.A. 65-171d and amendments thereto or the written agreements required by subsection (i)(1) of K.S.A. 65-171d and amendments thereto are obtained; and
(c) the expansion does not exceed the lesser of:
(1) An animal unit capacity that is ⅓ greater than the capacity of such facility on the effective date of this act; or
(2) an animal unit capacity of 4,499.
History: L. 1998, ch. 143, § 18; May 7.
§§ 65-1,195 Kansas state university; duties
(a) Kansas state university shall cooperate with the department, other agencies and owners and operators of swine facilities to determine best available technology and best management practices.
(b) Within the limitations of appropriations therefor and for the purpose of identifying potential risk of groundwater contamination by swine waste retention lagoons or ponds or land application of swine waste, Kansas state university, as a part of its current evaluation of lagoons and ponds for containment of animal waste, shall conduct nutrient management testing of land where swine waste is applied, including deep soil sampling in areas where land application of swine waste is conducted and in adjacent areas where such waste is not applied. Kansas state university, until completion of the evaluation, shall submit preliminary reports regarding such evaluation on or before the first day of each regular legislative session and, upon completion of the evaluation, shall submit a final report of the evaluation on or before the final day of the next regular legislative session. Each such report shall be submitted to the governor, the senate and house standing committees on agriculture, the senate standing committee on energy and natural resources and the house standing committee on environment.
History: L. 1998, ch. 143, § 19; May 7.
§§ 65-1,196 Standards and requirements; application; powers of secretary of health and environment
(a) The express adoption or authorization of standards and requirements for swine facilities by this act shall not be construed to prohibit or limit in any manner the secretary's authority to adopt and enforce rules and regulations establishing:
(1) Standards and requirements for swine facilities that are in addition to or more stringent than those provided by this act if the secretary determines necessary for the purposes provided by K.S.A. 65-171d and amendments thereto; and
(2) standards and requirements for swine facilities that exist on the effective date of this act and that are not subject to the standards and requirements provided by this act.
(b) Nothing in this act shall be construed to exempt any person or entity from or preempt or in any way excuse or waive any obligation to comply with the provisions of the Kansas chemigation safety law (K.S.A. 2-3301 et seq. and amendments thereto), K.S.A. 24-126 and amendments thereto (relating to levees), K.S.A. 82a-301 et seq. and amendments thereto (relating to stream obstructions), the Kansas water appropriation act (K.S.A. 82a-701 et seq. and amendments thereto) or any other statute or rule and regulation except as specifically provided by this act.
(c) The provisions of this act applicable to new construction or expansion of swine facilities shall apply to all facilities for which an application for new construction or expansion is received by the department on or after March 1, 1998, and such facilities shall be required to comply with the standards and requirements imposed pursuant to this act at the time the permit for new construction or expansion is granted or, if rules and regulations must be adopted in order to implement any such standard or requirement, such facilities shall be required to comply with such standard or requirement within 180 days after adoption of such rules and regulations.
History: L. 1998, ch. 143, § 20; May 7.
§§ 65-1,197 Advisory committee
The secretary of health and environment, pursuant to K.S.A. 75-5616 and amendments thereto, shall appoint an advisory committee to consult with and advise the secretary on the implementation and administration of the provisions of K.S.A. 65-171d and K.S.A. 65-1,178 through 65-1,196, and amendments thereto, with respect to swine facilities. The advisory committee shall consist of five members who represent persons knowledgeable and experienced in areas related to regulation of swine facilities, including but not limited to owners and operators of swine facilities, Kansas state university extension services and professional engineers.
History: L. 1998, ch. 143, § 21; May 7.
§§ 65-1,198 Rules and regulations; reports to legislature
(a) Before January 1, 1999, the secretary shall adopt such rules and regulations as necessary to implement, administer and enforce the provisions of this act.
(b) On or before the first day of the 1999 and 2000 regular legislative sessions, the secretary shall submit a report regarding implementation of the provisions of K.S.A. 65-171d and K.S.A. 65-1,178 through 65-1,196, and amendments thereto, to the house and senate standing committees on agriculture, the senate standing committee on energy and natural resources and the house standing committee on environment.
History: L. 1998, ch. 143, § 22; May 7.
§§ 65-1,199 Rules and regulations for composting dead livestock
The secretary of health and environment shall adopt rules and regulations establishing standards and procedures for composting livestock, including chickens and turkeys.
History: L. 1998, ch. 143, § 37; May 7.
§§ 65-1,200 Citation of act
K.S.A. 65-1,200 to 65-1,214, inclusive, of this act shall be known and may be cited as the residential childhood lead poisoning prevention act.
History: L. 1999, ch. 99, § 2; April 22.
§§ 65-1,201 Definitions
As used in the residential childhood lead poisoning prevention act:
(a) "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards as defined in the federal program.
(b) "Accredited training program" means a training program that has been accredited by the federal program or the secretary to present training courses to individuals engaged in lead-based paint activities.
(c) "Business entity" means a company, partnership, corporation, sole proprietorship, association, or other business concern.
(d) "Certificate" means an authorization issued by the secretary permitting an individual to engage in lead-based paint activities.
(e) "Federal program" means subpart L, lead-based paint activities of 40 C.F.R. part 745, as in effect on the effective date of this act.
(f) "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter or more than 0.5% by weight.
(g) "Lead-based paint activities" means the inspection, assessment and abatement of lead-based paint, including the disposal of waste generated therefrom.
(h) "License" means an authorization issued by the secretary permitting a business entity to engage in lead-based paint activities.
(i) "Public agency" means any state agency or political or taxing subdivision of the state and those federal departments, agencies or instrumentalities thereof which are not subject to preemption.
(j) "Secretary" means the secretary of health and environment.
(k) "Residential dwelling" means a detached single family dwelling or a single family dwelling unit in a structure that contains more than one separate residential dwelling unit used as a place of residence for habitation by an individual or the individual's immediate family, or both.
(l) "Habitation" means a place of abode or residence constructed before 1978 where individuals eat, sleep and reside.
(m) "Immediate family" means spouse, parent, stepparent, child, stepchild or sibling.
History: L. 1999, ch. 99, § 3; April 22.
§§ 65-1,202 Development and implementation of prevention program; licensure training and inspections; fees; rules and regulations
The secretary shall administer the provisions of the residential childhood lead poisoning prevention act. In administering the provisions of the residential childhood lead poisoning prevention act, the secretary shall be authorized to:
(a) Develop and implement a childhood lead poisoning prevention program as necessary to protect the health of the children of Kansas, which may include provisions to:
(1) Investigate the extent of childhood lead poisoning in Kansas;
(2) develop a data management system designed to collect and analyze information on childhood lead poisoning;
(3) develop and conduct programs to educate health care providers regarding the magnitude and severity of and the necessary responses to lead poisoning in Kansas;
(4) issue recommendations for the methods and intervals for blood lead screening and testing of children, taking into account recommendations by the United States centers for disease control and prevention, except that no child shall be screened or tested if the child's parent or guardian objects in writing on the ground that such screening or testing is contrary to the parent's or guardian's religious beliefs and practices;
(5) develop and issue health advisories urging health care providers to conduct blood lead screening of children;
(6) encourage health care providers to ensure that parents and guardians of children are advised of the availability and advisability of screening and testing for lead poisoning;
(7) develop a program to assist local health departments in identification and follow-up of cases of elevated blood lead levels in children and other high-risk individuals; and
(8) in consultation with appropriate federal, state and local agencies, develop a comprehensive public education program regarding environmental lead exposures and lead poisoning by:
(A) Identifying appropriate target groups that are in a position to prevent lead poisoning or reduce the number of children who are exposed to lead;
(B) assessing the information needed for each of the target groups and determine the best means of educating the members of each target groups; and
(C) disseminating the information to the target groups in an effective manner.
(b) adopt rules and regulations necessary for the administration of the residential childhood lead poisoning prevention act including, but not limited to, licensure of business entities and public agencies, certification of individuals, accreditation of training programs, on-site inspections and requirements, notification and record keeping, procedures and work practice standards relating to lead-based paint activities as are necessary to protect the public health and safety;
(c) adopt by rules and regulations a reasonable schedule of fees for the issuance and renewal of certificates and licenses, training program accreditations and on-site inspections. The fees shall be periodically increased or decreased consistent with the need to cover the direct and indirect costs to administer the program. At no time shall such fees exceed those charged by the United States environmental protection agency for the same or similar regulatory programs. The fees shall be based upon the amount of revenue determined by the secretary to be required for proper administration of the provisions of the residential childhood lead poisoning prevention act. State and local health department personnel certifying for the purpose of environmental investigation of lead poisoned children shall be exempted from licensure fees;
(d) conduct on-site inspections of procedures being utilized by a licensee during an actual abatement project and conduct inspection of the records pertaining to the residential childhood lead poisoning prevention act;
(e) adopt rules and regulations regarding the distribution of lead hazard information to owners and occupants of housing prior to conducting renovation activities in housing;
(f) develop rules and regulations to control and disposition and reuse of architectural debris that contains lead-based paint.
History: L. 1999, ch. 99, § 4; April 22.
§§ 65-1,203 Licensure or certification to perform lead-based paint activities
(a) A business entity or public agency shall not engage in a lead-based paint activity unless the business entity or public agency holds a license issued by the secretary for that purpose.
(b) Except as otherwise provided in the residential childhood lead poisoning prevention act, no individual shall engage in lead-based paint activities unless the individual holds a certificate issued by the secretary for that purpose. In order to qualify for a certificate, an individual must have successfully completed an accredited training program and pass a third party exam as required by the secretary. Any individual who owns and resides in a residential dwelling may perform lead-based paint activities within such residential dwelling even though such individual does not hold a certificate for that purpose under the residential childhood lead poisoning prevention act. All work performed by such individual owner of a residential dwelling must be performed in accordance with state and federal guidelines or statutes, or both.
(c) Any business or public agency that owns or leases a nonresidential dwelling may perform lead-based paint activities within such facility even though such business or public agency does not hold a license for that purpose under the residential childhood lead poisoning prevention act. All work performed by a business or public agency on such facility must be performed in accordance with state and federal guidelines or statutes, or both.
History: L. 1999, ch. 99, § 5; April 22.
§§ 65-1,204 Same; qualification requirements
In order to qualify for a license, a business entity or public agency shall:
(a) Ensure that each employee or agent of the business entity or public agency who will engage in a lead-based paint activity is certified;
(b) demonstrate to the satisfaction of the secretary that the business entity or public agency is capable of complying with all requirements, procedures and standards of the United States environmental protection agency, the United States occupational safety and health administration and the secretary, as applicable, to lead-based paint activities;
(c) comply with all rules and regulations adopted by the secretary under the residential childhood lead poisoning prevention act; and
(d) allow representatives of the secretary, after identification, to enter and inspect any habitation or property on which a habitation is situated at any reasonable time with consent of the owner or under search warrant for the purpose of inspecting lead-based paint activities as required in order to implement provisions of the residential childhood lead poisoning prevention act.
History: L. 1999, ch. 99, § 6; April 22.
§§ 65-1,205 Remittance of fees
The secretary shall remit all moneys received from the fees established pursuant to the residential childhood lead poisoning prevention act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the lead-based paint hazard fee fund established in K.S.A. 65-1,206, and amendments thereto.
History: L. 1999, ch. 99, § 7; L. 2001, ch. 5, § 215; July 1.
§§ 65-1,206 Lead-based paint hazard fee fund; sources of revenue; expenditures
(a) There is established in the state treasury the lead-based paint hazard fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Fees collected under the residential childhood lead poisoning prevention act for licensure and certification to engage in lead-based paint activities, accreditation of training programs and fees for evaluation of abatement projects;
(2) any moneys recovered by the state under the residential childhood lead poisoning prevention act, including administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement;
(3) any moneys collected or received from public or private grants and from gifts and donations; and
(4) interest attributable to investment of moneys in the fund.
(b) Moneys deposited in the fund shall be expended only for the purpose of administering the residential childhood lead poisoning prevention act and for no other governmental purposes.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the lead-based paint hazard fee fund interest earnings based on:
(1) The average daily balance of moneys in the lead-based paint hazard fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History: L. 1999, ch. 99, § 8; April 22.
§§ 65-1,207 Denial, suspension or revocation of license or certificate or accreditation of training program, when; suspension of abatement program; administrative review
(a) The secretary may refuse to issue a license or may suspend or revoke any license issued under the residential childhood lead poisoning prevention act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant or licensee has:
(1) Fraudulently or deceptively obtained or attempted to obtain a license;
(2) failed at any time to meet the qualifications for a license or to comply with any rules and regulations adopted by the secretary under the residential childhood lead poisoning prevention act;
(3) failed at any time to meet any applicable federal or state standard for lead-based paint activities; or
(4) employed or permitted an uncertified individual to work on a lead-based paint activity.
(b) The secretary may refuse to issue a certificate or may suspend or revoke any certificate issued under the residential childhood lead poisoning prevention act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for certificate or certificate holder has:
(1) Fraudulently or deceptively obtained or attempted to obtain a certificate; or
(2) failed at any time to meet qualifications for a certificate or to comply with any provision or requirement of the residential childhood lead poisoning prevention act or any rules and regulations adopted by the secretary under the residential childhood lead poisoning prevention act.
(c) The secretary may deny, suspend or revoke any accreditation of a training program under the residential childhood lead poisoning prevention act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for training program accreditation or training provider has:
(1) Fraudulently or deceptively obtained or attempted to obtain accreditation of a training program;
(2) failed at any time to meet the qualifications to obtain accreditation of a training program or to comply with any rules and regulations adopted by the secretary under the residential childhood lead poisoning prevention act;
(3) failed to maintain or provide information on training programs; or
(4) falsified information, accreditation or approval records, instructor qualification information or other accreditation or approval information required to be submitted by the secretary.
(d) Any individual, business entity or accredited training program aggrieved by a decision or order of the secretary may appeal the order or decision in accordance with the provisions of the Kansas judicial review act.
(e) (1) If the secretary finds that the public health or safety is endangered by the continuation of an abatement project, the secretary may temporarily suspend, without notice or hearing in accordance with the emergency adjudication procedures of the provisions of the Kansas administrative procedure act, the license of the business entity or public agency or the certificate of any person engaging in such abatement project.
(2) In no case shall a temporary suspension of a license or certificate under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the license or certificate shall be reinstated unless the secretary has suspended or revoked the license or certificate, after notice and hearing in accordance with the provisions of the residential childhood lead poisoning prevention act, or the license has expired as otherwise provided under the residential childhood lead poisoning prevention act.
History: L. 1999, ch. 99, § 9; L. 2010, ch. 17, § 115; July 1.
§§ 65-1,208 Noncompliance; notice; duty to meet compliance requirements
Whenever an authorized agency of the secretary finds that any individual, business entity, accredited program or public agency is not in compliance with the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, it shall be the duty of such agent to notify the individual, business entity, accredited program or public agency in writing of such changes or alterations as the agency shall deem necessary in order to comply with the requirements of the residential childhood lead poisoning prevention act and any rules and regulations adopted under the residential childhood lead poisoning prevention act, and the agency shall file a copy of such notice with the secretary. It shall thereupon be the duty of the individual, business entity, accredited program or public agency to make such changes or alterations as are contained in the written notice within five days from the receipt of such notice.
History: L. 1999, ch. 99, § 10; April 22.
§§ 65-1,209 Violations; criminal penalties
Any individual, business entity, public agency or accredited training program which knowingly violates any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act is guilty:
(a) For a first offense, of a class C misdemeanor; and
(b) for a second offense or subsequent offense, of a class B misdemeanor.
History: L. 1999, ch. 99, § 11; April 22.
§§ 65-1,210 Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards
(a) Any individual, business entity, accredited training program or public agency who violates any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, in addition to any other penalty or litigation provided by law, may incur a civil penalty imposed under subsection (b) in a maximum amount not to exceed $1,000 for the first violation, $5,000 for each subsequent violation and, in the case of a continuing violation, every day such previously notified violation continues shall be deemed a separate violation.
(b) The secretary, upon finding that any individual, business entity, accredited training program or public agency has violated any provision of the residential childhood lead poisoning prevention act or any rules and regulations adopted under the residential childhood lead poisoning prevention act, may impose a civil penalty within the limits provided in this section upon such individual, business entity, accredited training program or public agency which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.
(c) The secretary, upon finding that an individual, business entity, accredited training program or public agency has violated any provision of the residential childhood lead poisoning prevention act or rules and regulations adopted under the residential childhood lead poisoning prevention act, may issue an order finding such individual, business entity, accredited training program or public agency in violation of the residential childhood lead poisoning prevention act and directing the individual, business entity, accredited training program or public agency to take such action as necessary to correct the violation.
(d) No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.
(e) Any individual, business entity, accredited training program or public agency aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(f) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer and deposited in the lead-based paint hazard fee fund.
(g) The secretary shall use penalties recovered pursuant to the provisions of this section to establish a grant program for communities to conduct activities designed to reduce or eliminate exposure of children to residential lead-based paint hazards.
History: L. 1999, ch. 99, § 12; L. 2010, ch. 17, § 116; July 1.
§§ 65-1,211 Same; additional remedies
Notwithstanding any other remedy and in addition to any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any business entity or individual to restrain or prevent any violation of the provisions of the residential childhood lead poisoning prevention act or of any rules and regulations adopted under the residential childhood lead poisoning prevention act.
History: L. 1999, ch. 99, § 13; L. 2010, ch. 17, § 117; July 1.
§§ 65-1,212 Implementation of act by entities engaging in lead-based paint activities; when
Licensure, certification or training program accreditation for a business entity, public agency or individual who engages in lead-based paint activities shall not be required until such time as the secretary adopts rules and regulations to implement the provisions of the residential childhood lead poisoning prevention act.
History: L. 1999, ch. 99, § 14; April 22.
§§ 65-1,213 Statutory audit privilege not applicable
The audit privilege recognized in K.S.A. 60-3332 through 60-3339 does not pertain to the residential childhood lead poisoning prevention act.
History: L. 1999, ch. 99, § 15; April 22.
§§ 65-1,214 Repealed
History: L. 1999, ch. 99, § 16; L. 2003, ch. 49, § 1; Repealed, L. 2009, ch. 5, § 1; July 1.
§§ 65-1,215 Renal disease program, exception; support staff; standards; rules and regulations; renal disease fund
(a) Except as otherwise provided in this subsection, the secretary of health and environment shall establish, to the extent moneys are appropriated therefor or grants or other funds are received therefor, a program for the care and treatment of persons suffering from chronic renal diseases who require lifesaving medications and transportation to treatment for such renal disease. If the secretary of health and environment determines that moneys for this program are inadequate to finance the program based upon estimated costs for the program developed by the department of health and environment, the secretary of health and environment shall not establish the program until the secretary determines that adequate moneys are available to finance the program.
(b) If a program for the care and treatment of persons suffering from chronic renal diseases is established under subsection (a), the secretary of health and environment shall appoint support staff, to the extent moneys are appropriated therefor or grants or other funds are received therefor, as may be necessary to administer the program and shall develop standards for determining eligibility for care and treatment under this program. In lieu of administering the program, the secretary of health and environment may contract with an external organization for administration of the act.
(c) The secretary of health and environment is hereby given the authority to adopt the necessary rules and regulations to properly administer and enforce the provisions of this act.
(d) There is hereby created in the state treasury the renal disease fund. The secretary of health and environment may accept moneys from any source and such moneys shall be credited to the renal disease fund. All expenditures from the renal disease fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or by a person or persons designated by the secretary.
(e) All expenditures for costs of the program established by this act, including costs of administration and all services therefor, shall be made from the renal disease fund.
History: L. 2001, ch. 169, § 1; July 1.
§§ 65-1,216 Expired
History: L. 2001, ch. 169, § 2; Expired, July 1, 2004.
§§ 65-1,217 through 65-1,220 Reserved
§§ 65-1,221 Intent
The intent of this act is to provide a voluntary mechanism to assist existing state programs to address environmental contamination in a cost effective manner that is protective of human health and the environment.
History: L. 2003, ch. 130, § 1; July 1.
§§ 65-1,222 Definitions
As used in this act:
(a) "Department" means the Kansas department of health and environment.
(b) "Environmental use control" means an institutional or administrative control, a restriction, prohibition or control of one or more uses of, or activities on, a specific property, as requested by the property owner at the time of issuance, to ensure future protection of public health and the environment when environmental contamination which exceeds department standards for unrestricted use remains on the property following the appropriate assessment and/or remedial activities as directed by the department pursuant to the secretary's authority. For the purposes of this act, "environmental contamination" does not mean animal or process waste from a confined feeding facility as defined in K.S.A. 65-171d, and amendments thereto, livestock operations or the application of livestock waste for use as a plant nutrient. Any environmental use control created pursuant to this act runs with the property and is binding on the owner and subsequent owners, lessees and other users of the land.
(c) "Owner" means any owner of record of property, and any person or entity with written authorization from the owner to make decisions regarding the transfer of the subject property or placement of encumbrances on the subject property, other than by the exercise of eminent domain.
(d) "Person" means any individual, trust, firm, joint stock company, public or private corporation, limited liability company or partnership; the federal government or any agency or instrumentality thereof; any state, or any agency, instrumentality or political or taxing subdivision thereof; or any interstate body.
(e) "Protective structure" means an engineered physical structure implemented as part of the remedial action to control or respond to a release or threat of release of environmental contamination. Protective structure includes capping, fencing, berming, diking, drainage structures and other structures that may control migration or other releases of environmental contamination.
(f) "Property" means real property.
(g) "Remedial activity" means any site cleanup, soil or groundwater monitoring associated with a contaminated property, remedial action, corrective action, emergency action, removal action or other action necessary or appropriate to respond to a release or threat of release of environmental contamination.
(h) "Secretary" means the secretary of health and environment.
History: L. 2003, ch. 130, § 2; July 1.
§§ 65-1,223 Exclusions from act
(a) The provisions of this act, except the provisions of subsection (b) of K.S.A. 65-1,230, and amendments thereto, shall not apply to solid waste disposal areas which are issued permits pursuant to K.S.A. 65-3407, and amendments thereto, or which receive authorization from the secretary for unpermitted disposal pursuant to K.S.A. 65-3407c, and amendments thereto, provided that the owner of each such solid waste disposal area establishes environmental use controls for the area, subject to approval by the department, by executing and filing a restrictive covenant on the property deed.
(b) The provisions of this act shall not apply to confined feeding facilities as defined in K.S.A. 65-171d, and amendments thereto.
History: L. 2003, ch. 130, § 3; July 1.
§§ 65-1,224 Environmental use control; application; requirements; approval or disapproval
(a) An owner of property, with departmental approval, may restrict the use of the owner's property to mitigate the risk posed to human health and the environment by imposing on the property an appropriate environmental use control.
(b) (1) If the owner elects to voluntarily restrict use of or activities on the owner's property, the owner or the owner's authorized representative shall make application to the department for approval of an environmental use control. Such application shall be made on forms provided by the department and shall be completed and submitted to the department by the owner or the owner's authorized representative.
(2) Department approval of an application shall be subject to the application's containing the following components: Appropriate restrictions to protect public health and the environment from known contamination which exceeds department standards for unrestricted residential use; access to the subject property; an inspection schedule that is appropriate to monitor conditions at the subject property; and the availability of funds to administer the provisions of this act related to the subject property.
(3) The department may require the applicant to provide financial assurance for category 3 property as described in subsection (c)(3) of K.S.A. 65-1,226, and amendments thereto, based on the potential for long term maintenance cost of protective structures and the potential for release or migration of environmental contamination from the property. The applicant shall provide the financial assurance by one or more methods satisfactory to the department, including, but not limited to, environmental insurance, guarantee, performance or other surety bond, letter of credit, qualification as a self-insurer or other demonstration of financial capability. The demonstration of financial capability must be adequate to provide remedies which are protective of human health and the environment should the proposed remedial activity fail.
(4) The application shall include an accurate legal description or survey of the portion of the property where an environmental use control is proposed.
(c) The department shall review the application. If the application is disapproved by the department, the applicant may modify the application in a manner necessary to obtain department approval and resubmit the application for the department's approval. If the application is approved by the department, the department shall provide the applicant a written approval.
(d) An environmental use control pursuant to this act may be approved by the department as part of the remedial activity for the property when residual contamination which exceeds department standards for unrestricted residential use on the subject property.
History: L. 2003, ch. 130, § 4; July 1.
§§ 65-1,225 Same; recording with register of deeds; enforcement
(a) After an environmental use control has been approved by the department, the owner must register the environmental use control with the register of deeds in the county where the property is located or, if property is owned by the United States or a division thereof, a notice of the environmental use control must be filed with the register of deeds in the county where the property is located. When registering the environmental use control or filing the notice, the following must be included:
(1) A notarized original environmental use control agreement between the applicant and the department; and
(2) an adequate legal description or legal survey of the property which identifies the portion of the property which is subject to the environmental use control.
(b) The applicant must provide to the department a notarized copy of the recorded environmental use control agreement with the register of deeds seal for the property.
(c) Recorded environmental use controls established pursuant to this act shall be enforceable as set forth in K.S.A. 65-1,229, and amendments thereto.
History: L. 2003, ch. 130, § 5; July 1.
§§ 65-1,226 Same; funding requirements; categories of property
(a) Funding needs may be satisfied by department appropriations for property where adequate funding is supplied by federal grants, designated fee funds or other funding sources.
(b) Any funding requirements for an application pursuant to this act, will be based on a one time payment for the property, made by the original applicant.
(c) Funding requirements for other properties will be determined individually and be based on the size of the property to which the environmental use control applies, toxicity and mobility of the contaminants to which the environmental use control applies, frequency of site inspections and the anticipated inspection costs, as determined by the department.
(1) Category 1 property includes property with the following characteristics: The property is not greater than five acres in size, the residual contamination is characterized by low toxicity and mobility, there is minimal anticipated maintenance of protective structures and the anticipated inspection frequency is once every five years. Category 1 properties would have a one-time payment by the applicant not to exceed $2,000 to fund the life of the environmental use control.
(2) Category 2 property includes property with the following characteristics: The property may cover areas larger than five acres in size, the residual contamination is characterized by moderate toxicity and mobility, there is limited anticipated maintenance of protective structures and more complicated and/or costly inspections are anticipated, with an inspection frequency of not more than once per year. Category 2 property would have a one-time payment by the applicant not to exceed $10,000 to fund the life of the environmental use control.
(3) Category 3 property includes property with some or all of the following characteristics: The property may cover a large acreage, the residual contamination is characterized by higher toxicity or mobility, complicated maintenance or monitoring of protective structures is required and frequent or complicated site inspections are anticipated, which may be more frequent than once per year. The inspection cost of category 3 properties is also dependent on the future uses of the property and the maintenance of protective structures by the property owner. For this reason, long term care agreements between the department and the applicant will be required for category 3 properties. These long term care agreements will include a provision to reimburse the department for costs incurred to perform the long term care at the property.
(d) The secretary shall remit to the state treasurer, in accordance with K.S.A. 75-4215, and amendments thereto, all moneys received from fees and long term care reimbursement agreements pursuant to this section. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the environmental use control fund.
History: L. 2003, ch. 130, § 6; July 1.
§§ 65-1,227 Same; term; removal or expiration; modification; liability
(a) An environmental use control may be granted either in perpetuity or for a term of years, as determined by the department. An environmental use control may not be approved for a term of years unless provisions are included that ensures the protection of human health and the environment beyond the expiration of the environmental use control. Upon expiration of the term if contamination remains above department standards, as set forth in the approved environmental use control, the department can require additional action.
(b) An environmental use control runs with the land and is binding on all successors in interest to property until the environmental use control is removed upon the department's approval or upon expiration of the term of the environmental use control.
(c) An environmental use control shall be removed if the property owner demonstrates to the department's satisfaction that the original risk to human health or the environment which created the need for the control is no longer present. An owner must submit a request to the department for approval to remove all or a portion of the environmental use controls from the property. The department shall review the request and provide the owner with the department's decision to approve or deny the request within 120 days after the department's receipt of the request. If the department denies the request, justification shall be provided to the owner with a written explanation of the denial, which may include that the applicant has not provided the documentation to demonstrate that the request is protective of human health and the environment, as determined by the department.
(d) If the department approves an owner's request to remove all or a portion of environmental use controls, the owner shall file the approval with the register of deeds in the county where the property is located.
(e) An environmental use control may not be extinguished, limited or impaired through adverse possession, abandonment, waiver, lack of enforcement or other common law principles relating to covenants or by the exercise of eminent domain.
(f) An environmental use control may be modified by mutual written agreement by the property owner and the department.
(g) The department shall not acquire any liability by virtue of approving an environmental use control or by approving removal of all or a portion of environmental use controls.
History: L. 2003, ch. 130, § 7; July 1.
§§ 65-1,228 Same; restrictions or prohibitions
(a) An environmental use control pursuant to this act may restrict or prohibit the activities at or uses of property. The restrictions imposed shall be those agreed to by the applicant and deemed necessary by the department to protect the public from exposures to contaminants which remain at the property.
(b) An environmental use control pursuant to this act may include or require the following:
(1) Prompt notification to the department of any transfer of the property, such notice to be given by the transferor;
(2) prompt notification to the department of any change in use of the property, such notice to be given by the property owner;
(3) maintenance of protective structures or remedial systems at the property, such as soil caps, soil covers, soil surfaces, berms, drainage structures, vegetation, monitoring wells or other structures or systems;
(4) access to the property by agents of the department as necessary to inspect and monitor remediation activities, monitoring wells, surface streams and protective structures or remedial systems and to ensure implementation and enforcement of the requirements, restrictions and other limitations of the environmental use controls;
(5) any other obligations necessary to reduce or eliminate risks or threats to human health and the environment from the property; or
(6) a one-time payment or long term care agreement to provide funding for environmental use control oversight.
(c) Restrictions, prohibitions and zoning requirements placed on property by a local or state government may be substituted in place of an environmental use control. Such restrictions, prohibitions and zoning requirements may be utilized in addition with any environmental use controls approved by the department. This provision does not grant or expand authority of local government to restrict, prohibit, zone or regulate land.
(d) All interests not limited by the environmental use control shall remain with the owner.
History: L. 2003, ch. 130, § 8; July 1.
§§ 65-1,229 Same; enforcement
(a) Upon receipt of information that approved environmental use controls are not being implemented in accordance with an approved environmental use control agreement or that property subject to an approved environmental control presents a hazard to human health or the environment, the secretary may take such actions as may be necessary to protect human health or the environment. The action the secretary may take shall include, but not be limited to:
(1) Issuing an order directing the owner of the subject property to take such steps as are necessary to correct any deficiencies and fully implement the approved environmental use controls.
(2) Issuing an order retracting the approval of the remedial action for the subject property, which included the environmental use control as part of the remedy and require the owner of the property to implement remediation of the property to a cleanup standard which will allow for unrestricted use of the property.
(3) For category 3 property as described in subsection (c)(3) of K.S.A. 65-1,226, and amendments thereto, commencing an action enjoining acts or practices set forth in the approved environmental use controls or requesting that the attorney general or appropriate district or county attorney commence an action to enjoin such actions which result in approved environmental use controls not being implemented or not being fully or properly implemented or which present substantial and imminent threat or hazard to human health or the environment.
(b) Any order of the secretary pursuant to subsection (a)(1) or (a)(2) is subject to hearing and review in accordance with K.S.A. 65-1,234, and amendments thereto.
(c) An environmental use control may not be separated from the property and survives foreclosure of a mortgage, lien or other encumbrance, as well as tax sales and the issuance of a tax deed.
History: L. 2003, ch. 130, § 9; July 1.
§§ 65-1,230 Same; department oversight and tracking
(a) The department shall provide oversight of the environmental use control for property to ensure that the property is being used only for the purposes permitted by the terms of the environmental use control agreement and is not being used in a manner that is prohibited or restricted by the terms of the agreement.
(b) The department shall develop and maintain an environmental use control tracking system on all approved environmental use controls. The tracking system data shall be made available to the public in a manner which allows review by either city or county and shall include the following:
(1) Name of the property;
(2) address of the property, including the city and county;
(3) legal description of the property;
(4) cause and type of the environmental contamination;
(5) description of the environmental use control; and
(6) duration of the environmental use control.
History: L. 2003, ch. 130, § 10; July 1.
§§ 65-1,231 Environmental use control fund
(a) There is established in the state treasury the environmental use control fund. Moneys from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Moneys collected from the environmental use control one-time payments and long term care agreement reimbursements;
(2) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for purposes of the fund; and
(3) interest attributable to the investment of moneys in the fund.
(b) Moneys in the environmental use control fund shall be expended only for costs of:
(1) Review of environmental use control applications;
(2) oversight of remedial projects which include an environmental use control as an element of their remedy, including inspections, monitoring and tracking of the environmental use control;
(3) activities performed by the department to address immediate or emergency threats to human health or the environment related to properties subject to environmental use controls;
(4) development, operation and maintenance of the environmental use control tracking system; and
(5) administration and enforcement of the provisions of this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the environmental use control fund interest earnings based on:
(1) The average daily balance of moneys in the environmental use control fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the environmental use control fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee for purposes set forth in this section.
History: L. 2003, ch. 130, § 11; July 1.
§§ 65-1,232 Rules and regulations
The secretary shall adopt rules and regulations to implement the provisions of this act.
History: L. 2003, ch. 130, § 12; July 1.
§§ 65-1,233 Publication of approved use controls
The department shall publish annually in the Kansas register a summary of the number of approved environmental use control agreements pursuant to this act.
History: L. 2003, ch. 130, § 13; July 1.
§§ 65-1,234 Review of agency actions
Any person adversely affected by any order or decision of the secretary pursuant to this act, within 15 days after service of the order or decision, may request in writing a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 2003, ch. 130, § 14; L. 2010, ch. 17, § 118; July 1.
§§ 65-1,235 Severability
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History: L. 2003, ch. 130, § 15; July 1.
§§ 65-1,241 Definitions; establishment of birth defects information system; aspects of implementation of system
(a) As used in K.S.A. 65-1,241 through 65-1,246, and amendments thereto:
(1) "Department" means the department of health and environment.
(2) "Freestanding birthing center" means any facility in which child birth deliveries routinely occur.
(3) "Hospital" means a hospital classified under K.S.A. 65-425, and amendments thereto, as a general hospital.
(4) "Local health department" means any county, city-county or multi-county health department created under the laws of this state.
(5) "Physician" means a person licensed to practice medicine and surgery.
(6) "Secretary" means the secretary of health and environment.
(b) The secretary of health and environment shall establish and, if funds for this purpose are available, implement a statewide or pilot birth defects information system for the collection of information concerning congenital anomalies, stillbirths and abnormal conditions of newborns.
(c) If the system is implemented under subsection (b) of this section, all of the following apply:
(1) The secretary may require each physician, hospital and freestanding birthing center to report to the system information concerning all patients under five years of age with a primary diagnosis of a congenital anomaly or abnormal condition. The secretary shall not require a hospital, freestanding birthing center or physician to report to the system any information that is reported to the secretary or department of health and environment under another provision of law.
(2) On request, each physician, hospital and freestanding birthing center shall give the secretary or authorized employees of the department of health and environment access to the medical records of any patient described in subsection (c)(1) of this section. The department shall pay the costs of copying any medical records pursuant to this act.
(3) The secretary may review vital statistics records and shall consider expanding the list of congenital anomalies and abnormal conditions of newborns reported on birth certificates.
(d) A physician, hospital or freestanding birthing center that provides information to the system under subsection (c) shall not be subject to criminal or civil liability for providing the information.
History: L. 2004, ch. 27, § 1; July 1.
§§ 65-1,242 Use of birth defects information system
The birth defects information system may be used for all of the following purposes:
(1) To identify and describe congenital anomalies, stillbirths and abnormal conditions of newborns;
(2) to detect trends and epidemics in congenital anomalies, stillbirths and abnormal conditions of newborns;
(3) to quantify morbidity and mortality of congenital anomalies and abnormal conditions of newborns;
(4) to stimulate epidemiological research regarding congenital anomalies, stillbirths and abnormal conditions of newborns;
(5) to identify risk factors for congenital anomalies, stillbirths and abnormal conditions of newborns;
(6) to facilitate intervention in and prevention of congenital anomalies, stillbirths and abnormal conditions of newborns;
(7) to facilitate access to treatment for congenital anomalies and abnormal conditions of newborns;
(8) to inform and educate the public about congenital anomalies, stillbirths and abnormal conditions of newborns.
History: L. 2004, ch. 27, § 2; July 1.
§§ 65-1,243 Confidentiality of records
(a) Except as provided in this section, records received and information assembled by the birth defects information system pursuant to K.S.A. 65-1,241, and amendments thereto, are confidential medical records. All medical records reviewed and maintained by the department pursuant to this section shall be kept confidential and shall not be disclosed except upon the order of a court of competent jurisdiction and shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil matter.
(b) The secretary may use information assembled by the system to notify parents, guardians and custodians of children with congenital anomalies or abnormal conditions of medical care and other services available for the child and family.
(c) The secretary may disclose information assembled by the system in summary, statistical or other form that does not identify particular individuals or individual sources of information.
History: L. 2004, ch. 27, § 3; July 1.
§§ 65-1,244 Removal of information from system; form
A child's parent or legal guardian who wants information concerning the child removed from the birth defects information system shall request from the local health department or the child's physician a form prepared by the secretary. On request, a local health department or physician shall provide the form to the child's parent or legal guardian. The individual providing the form shall discuss with the child's parent or legal guardian the information contained in the system. If the child's parent or legal guardian signs the form, the local health department or physician shall forward it to the secretary. On receipt of the signed form, the secretary shall remove from the system any information that identifies the child.
History: L. 2004, ch. 27, § 4; July 1.
§§ 65-1,245 Rules and regulations
Not later than 180 days after the effective date of this section, the secretary of health and environment shall adopt rules and regulations in accordance with the provisions of this act to do all of the following subject to available funding:
(a) Implement the birth defects information system;
(b) specify the types of congenital anomalies and abnormal conditions of newborns to be reported to the system under K.S.A. 65-1,241, and amendments thereto;
(c) establish reporting requirements for information concerning diagnosed congenital anomalies and abnormal conditions of newborns;
(d) establish a form for use by parents or legal guardians who seek to have information regarding their children removed from the system and a method of distributing the form to local health departments and to physicians. The method of distribution must include making the form available on the internet.
History: L. 2004, ch. 27, § 5; July 1.
§§ 65-1,246 Annual report
Three years after the date a birth defects information system is implemented pursuant to K.S.A. 65-1,241, and amendments thereto, and annually thereafter, the secretary shall prepare a report regarding the birth defects information system. The department shall file the report with the governor, the president and minority leader of the senate, the speaker and minority leader of the house of representatives, the Kansas department for aging and disability services and the departments of education and labor.
History: L. 2004, ch. 27, § 6; L. 2014, ch. 115, § 246; July 1.
§§ 65-1,247 Expedited processing and issuance of certain permits
(a) The department of health and environment shall expedite processing and issuance of any permit required to be issued by the department for construction or operation of a refinery.
(b) As used in this section, "refinery" means an industrial process plant where crude oil is processed and refined into petroleum products.
History: L. 2006, ch. 209, § 33; July 1.
§§ 65-1,248 Breastfeeding; where
(a) Breast milk is widely acknowledged to be the most complete form of nutrition for infants, with a range of benefits for infant's health, growth, immunity and development and has also been shown to improve maternal health and bonding in addition to contributing to society at large through economic and environmental gains, it is therefore the public policy of Kansas that a mother's choice to breastfeed should be supported and encouraged to the greatest extent possible.
(b) A mother may breastfeed in any place she has a right to be.
History: L. 2006, ch. 11, § 1; March 16.
§§ 65-1,249 Umbilical cord banks; regulation of operations; rules and regulations; education and training in collection and maintenance procedures; duties and functions of department of health and environment, Kansas bioscience authority
(a) The secretary of health and environment shall adopt rules and regulations regarding the operation of umbilical cord banks in Kansas, including compliance with standards set by the federal government, and standard collecting method guidelines to ensure effective and efficient interfacing between health care providers and private industry umbilical cord banks with informed consent from the parents as stipulated by federal guidelines for research.
(b) Each umbilical cord bank in Kansas may accept and maintain umbilical cord, umbilical cord blood, amniotic fluid and placenta donations for research or treatment of disease, other than any such donations reserved for use by the donor or the donor's family, at no charge or other cost to any donor.
(c) Subject to the provisions of appropriation acts, the department of health and environment shall develop and make available education and training in the basic procedures and other requirements for collecting and maintaining umbilical cord, umbilical cord blood, amniotic fluid and placenta donations to all health care providers, other medical personnel and clinical staff who are involved in obstetrical care in Kansas.
(d) Each umbilical cord bank in Kansas may enter into agreements with institutions conducting research for the purposes of providing umbilical cords, umbilical cord blood, amniotic fluid or placentas from the umbilical cord bank for purposes of research.
(e) Each entity operating an umbilical cord bank in Kansas that is maintaining umbilical cords, umbilical cord blood, amniotic fluid and placentas for purposes of research, shall monitor the supply of and demand for umbilical cords, umbilical cord blood, amniotic fluid and placentas in Kansas for purposes of research. If the entity operating such umbilical cord bank determines that the demand for umbilical cords, umbilical cord blood, amniotic fluid or placentas to be provided by such umbilical cord bank is greater than the supply available in such umbilical cord bank therefor, the entity operating such umbilical cord bank may notify Kansas health care providers of the need for additional umbilical cords, umbilical cord blood, amniotic fluid or placentas.
(f) The Kansas bioscience authority may coordinate the use of umbilical cords, umbilical cord blood, amniotic fluid or placentas in umbilical cord banks in Kansas for the purposes of research that complies with the high standards of the Kansas bioscience authority.
(g) The department of health and environment and the Kansas bioscience authority shall collaborate and jointly encourage or otherwise facilitate the recruitment of entities to establish umbilical cord banks in Kansas and partnerships between umbilical cord banks in Kansas and researchers or organizations in Kansas, or in other regions of the United States of America or other countries.
History: L. 2006, ch. 176, § 1; July 1.
§§ 65-1,250 Umbilical cord donation information act
(a) This section shall be cited as the umbilical cord donation information act.
(b) A health care provider providing health care services to a pregnant woman during the last trimester of such pregnancy, which health care services are directly related to such pregnancy, shall whenever practical advise such person of options to donate an umbilical cord following the delivery of a newborn child. Provision in a timely manner of information prepared by the department of health and environment pursuant to subsection (c) shall constitute compliance with this subsection.
(c) The department of health and environment shall, by July 1, 2007, prepare and make information available on its website that includes the following:
(1) The medical processes involved in the collection of umbilical cords;
(2) the medical risks to a mother and the newborn child of umbilical cord collection;
(3) the current and potential future medical uses and benefits of umbilical cord collection to the birth mother, the newborn child and the biological family;
(4) the current and potential future medical uses and benefits of umbilical cord collection to persons who are not biologically related to the birth mother or the newborn child;
(5) any costs that may be incurred by a pregnant woman who chooses to make an umbilical cord donation;
(6) options for ownership and future use of the donated material; and
(7) the availability in this state of umbilical cord donations.
History: L. 2007, ch. 177, § 25; May 17.
§§ 65-1,251 Influenza immunization for children; awareness and participation
The department of health and environment shall work to increase influenza immunization awareness and participation among parents of children aged six months to five years in child care facilities. The official website of the department of health and environment shall have information on the benefits of annual immunization against influenza for children and its programs offered for the children. The department of health and environment shall cooperate with the department for aging and disability services in order to distribute the information to the parents and child care facilities effectively in August or September in every year.
History: L. 2008, ch. 98, § 2; L. 2013, ch. 134, § 5; July 1.
§§ 65-1,252 Division of health care finance; director; officers and employees
(a) There is hereby established, within the department of health and environment, the division of health care finance. The head of the division shall be director of health care finance, who shall be appointed by and serve at the pleasure of the secretary of health and environment. The director shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of health and environment and approved by the governor.
(b) (1) The secretary of health and environment shall appoint, in accordance with the provisions of the Kansas civil service act, such employees as may be needed, in the judgment of the secretary and director, to carry out the powers and duties of the division of health care finance.
(2) All officers and employees of the division of health care finance shall act for and exercise the powers of the director of health care finance to the extent that authority to do so is delegated by the secretary and director. Subject to the provisions of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, the secretary and director may organize the division of health care finance in the manner deemed most efficient.
History: Executive Reorganization Order No. 38, § 1; L. 2011, ch. 134, § 1; July 1.
§§ 65-1,253 Same; transfer of powers, duties and functions; Kansas health policy authority abolished
(a) The Kansas health policy authority created by K.S.A. 75-7401, and amendments thereto, is hereby abolished.
(b) Except as otherwise provided by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, all powers, duties, and functions of the Kansas health policy authority under K.S.A. 75-7401 et seq., and amendments thereto, or any other statute, are hereby transferred to and imposed upon the department of health and environment and its division of health care finance and the secretary and the director of health care finance.
(c) Except as otherwise provided by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, all powers, duties, and functions of any state agency, department, board, commission or council, providing services and creating systems in order to comply with the provisions of the patient protection and affordable care act, Public Law 111-148, 124 Stat. 119 (2010), and the health care and education reconciliation act of 2010, Public Law 111-152, 124 Stat. 1029 (2010), are hereby transferred to and imposed upon the department of health and environment and its division of health care finance and the secretary and the director of health care finance or their designees.
History: Executive Reorganization Order No. 38, § 2; L. 2011, ch. 134, § 2; July 1.
§§ 65-1,254 Same; transfer of powers, duties and functions to division; reference; rules and regulations
(a) The department of health and environment and its division of health care finance shall be the successor in every way to the powers, duties and functions of the Kansas health policy authority in which the same were vested prior to the effective date of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, and that are transferred pursuant to K.S.A. 65-1,253, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the department of health and environment and its division of health care finance or the secretary or the director of health care finance shall be deemed to have the same force and effect as if performed by the Kansas health policy authority in which such powers, duties, and functions were vested prior to the effective date of K.S.A. 65-1,252 through 65-1,258, and amendments thereto.
(b) The department of health and environment and its division of health care finance or designees appointed by the secretary or the director of health care finance shall be the successor in every way to the powers, duties, and functions of any state agency, department, board, commission or council, providing services and creating systems in order to comply with the provisions of the patient protection and affordable care act, Public Law 111-148, and the health care and education reconciliation act of 2010, Public Law 111-152, and that are transferred pursuant to K.S.A. 65-1,253, and amendments thereto. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the department of health and environment and its division of health care finance shall be deemed to have the same force and effect as if performed by any state agency, department, board, commission or council in which such powers, duties, and functions were vested prior to the effective date of K.S.A. 65-1,252 through 65-1,258, and amendments thereto.
(c) Whenever the Kansas health policy authority or words of like effect are referred to or designated by a statute, contract, memorandum of agreement or other document and such reference is in regard to any of the powers, duties or functions transferred to the department of health and environment and its division of health care finance, such reference or designation shall be deemed to apply to the department of health and environment and its division of health care finance.
(d) All rules and regulations, orders and directives of the Kansas health policy authority which relate to the functions transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, and which are in effect on the effective date of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the secretary of health and environment until revised, amended, revoked or nullified pursuant to law.
History: Executive Reorganization Order No. 38, § 3; L. 2011, ch. 134, § 3; July 1.
§§ 65-1,255 Same; division successor to funds and liability
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the Kansas health policy authority or any state agency, department, board, commission or council, relating to the powers, duties and functions transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, are hereby transferred within the state treasury to the department of health and environment for the division of health care finance and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the department of health and environment and its division of health care finance under K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall be assumed and paid by the division of health care finance of the department of health and environment.
History: Executive Reorganization Order No. 38, § 4; L. 2011, ch. 134, § 4; July 1.
§§ 65-1,256 Same; division successor to property and rights; conflict resolution
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The division of health care finance in the department of health and environment shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the division of health care finance in the department of health and environment. Any conflict as to the proper disposition of property, personnel or records arising under K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 38, § 5; L. 2011, ch. 134, § 5; July 1.
§§ 65-1,257 Transition; preservation of civil actions and proceedings; no abatement of criminal actions
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in K.S.A. 65-1,252 through 65-1,258, and amendments thereto, or by or against any officer of the state in such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of K.S.A. 65-1,252 through 65-1,258, and amendments thereto. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of K.S.A. 65-1,252 through 65-1,258, and amendments thereto.
History: Executive Reorganization Order No. 38 § 6; L. 2011, ch. 134, § 6; July 1.
§§ 65-1,258 Same; transfer of officers and employees; preservation of civil service rights; retirement benefits, leave balances and other rights
(a) All officers and employees of the Kansas health policy authority who, immediately prior to the effective date of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, are engaged in the exercise and performance of the powers, duties and functions transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, as well as all officers and employees of the Kansas health policy authority who are determined by the director of health care finance of the department of health and environment to be engaged in providing administrative, technical or other support services that are essential to the exercise and performance of the powers, duties and functions transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, are hereby transferred to the division of health care finance of the department of health and environment. All classified officers and employees so transferred shall retain their status as classified employees.
(b) Officers and employees of the Kansas health policy authority transferred by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer or employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in K.S.A. 65-1,252 through 65-1,258, and amendments thereto, shall affect the classified status of any transferred person employed by the Kansas health policy authority prior to the date of transfer.
(c) Notwithstanding the effective date of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, the provisions of K.S.A. 65-1,252 through 65-1,258, and amendments thereto, prescribing the transfer of officers and employees from the Kansas health policy authority abolished by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, to the division of health care finance of the department of health and environment established by K.S.A. 65-1,252 through 65-1,258, and amendments thereto, the date of transfer of each such officer or employee shall commence at the start of a payroll period.
History: Executive Reorganization Order No. 38, § 7; L. 2011, ch. 134, § 7; July 1.
§§ 65-1,259 Prenatally and postnatally diagnosed conditions awareness programs; prenatally and postnatally diagnosed conditions awareness program fund
(a) The Kansas council on developmental disabilities shall authorize and oversee certain activities, including the awarding of grants, contracts or cooperative agreements to eligible entities to:
(1) Collect, synthesize and disseminate current evidence-based information relating to Down syndrome or other prenatally or postnatally diagnosed conditions; and
(2) coordinate the provision of, and access to, new or existing supportive services for women and the spouses of such women who receive a positive diagnosis of Down syndrome or other prenatally or postnatally diagnosed conditions for their child, including, but not limited to:
(A) The establishment of a resource telephone hotline or website accessible to women and the spouses of such women who receive a positive diagnosis of Down syndrome or other prenatally or postnatally diagnosed conditions for their child;
(B) the development of outreach programs to new and expecting parents to provide them with up-to-date information on the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational and psychosocial outcomes;
(C) the development of local peer support programs to effectively serve women and the spouses of such women who receive a positive diagnosis of Down syndrome or other prenatally or postnatally diagnosed conditions for their child;
(D) the establishment of a network of local registries of families willing to adopt newborns with Down syndrome or other prenatally or postnatally diagnosed conditions, and links to adoption agencies willing to place babies with Down syndrome or other prenatally or postnatally diagnosed conditions with families willing to adopt; and
(E) the establishment of awareness and education programs for health care providers who provide, interpret or inform parents of the results of prenatal tests for Down syndrome or other prenatally or postnatally diagnosed conditions to patients.
(b) A grantee under this section shall make the following available to health care providers of parents who receive a prenatal or postnatal diagnosis for their child:
(1) Up-to-date, evidence-based, written information concerning the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational and psychosocial outcomes; and
(2) contact information regarding support services, including information hotlines and websites specific to Down syndrome or other prenatally or postnatally diagnosed conditions, resource centers or clearinghouses, local peer support groups and other education and support programs.
(c) Information provided under this subsection shall be culturally and linguistically appropriate as needed by women and the spouses of such women who receive a positive diagnosis for Down syndrome or other prenatally or postnatally diagnosed conditions for their child, and approved by the Kansas council on developmental disabilities.
(d) In distributing funds under this section, the Kansas council on developmental disabilities shall place an emphasis on funding partnerships between health care professional groups and disability advocacy organizations.
(e) On or before January 11, 2027, the Kansas council on developmental disabilities shall prepare and submit a report to the governor and the legislature on the grants, contracts and cooperative agreements made under this section and the effectiveness of the programs supported by such grants, contracts and cooperative agreements.
(f) As used in this section:
(1) "Down syndrome" means a chromosomal disorder caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.
(2) "Eligible entity" means the state, or any political subdivision thereof, or any other entity with appropriate expertise in prenatally and postnatally diagnosed conditions, as determined by the Kansas council on developmental disabilities.
(3) "Health care provider" means the same as defined in K.S.A. 40-3401, and amendments thereto.
(4) "Postnatally diagnosed condition" means any health condition identified during the 12-month period beginning at birth.
(5) "Prenatally diagnosed condition" means any fetal health condition identified by prenatal genetic testing or prenatal screening procedures.
(6) "Prenatal test" means diagnostic or screening tests offered to pregnant women seeking routine prenatal care that are administered on a required or recommended basis by a health care provider based on medical history, family background, ethnic background, previous test results or other risk factors.
(g) (1) There is hereby established in the state treasury the prenatally and postnatally diagnosed conditions awareness programs fund. All moneys credited to the prenatally and postnatally diagnosed conditions awareness programs fund shall be expended only for prenatally and postnatally diagnosed conditions awareness programs. All expenditures from the prenatally and postnatally diagnosed conditions awareness programs 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 chairperson of the Kansas council on developmental disabilities.
(2) On July 1, 2025, the director of accounts and reports shall transfer $25,000 from the state general fund to the the prenatally and postnatally diagnosed conditions awareness programs fund.
History: L. 2013, ch. 119, § 9; L. 2025, ch. 38, § 2; July 1.
§§ 65-1,260 Palliative care and quality of life interdisciplinary advisory council; creation; membership; duties
(a) There is hereby created the palliative care and quality of life interdisciplinary advisory council within the department of health and environment. The purpose of this council is to develop recommendations and advise the department of health and environment on matters related to the establishment, maintenance, operation, outcomes evaluation of palliative care initiatives in the state, and effectiveness of the palliative care consumer and professional information and education program.
(b) (1) The palliative care and quality of life interdisciplinary advisory council shall consist of 13 members appointed on or before October 1, 2018. The members shall be appointed as follows: (A) Two members appointed by the governor; (B) two members appointed by the speaker of the house of representatives; (C) one member appointed by the minority leader of the house of representatives; (D) two members appointed by the president of the senate; (E) one member appointed by the minority leader of the senate; (F) one member appointed by the secretary of health and environment who shall represent the department of health and environment; (G) one member appointed by the secretary for aging and disability services who shall represent the department for aging and disability services; (H) one member of the house committee on health and human services appointed by the chair of the house committee on health and human services; (I) one member appointed by the majority leader of the house of representatives; and (J) one member of the senate committee on public health and welfare appointed by the chair of the senate committee on public health and welfare.
(2) Members of the palliative care and quality of life interdisciplinary advisory council shall be individuals with experience and expertise in interdisciplinary palliative care medical, nursing, social work, pharmacy and spiritual guidance. Membership shall specifically include health care professionals having palliative care work experience or expertise in palliative care delivery models in a variety of inpatient, outpatient and community settings and with a variety of populations including pediatric, youth and adults. At least two members of the palliative care and quality of life interdisciplinary advisory council shall be board-certified hospice and palliative medicine physicians or nurses, and at least one member shall be a patient or a caregiver.
(3) Members of the palliative care and quality of life interdisciplinary advisory council shall serve for a period of three years and shall serve at the pleasure of their respective appointing authorities. The members shall elect a chair and vice chair whose duties shall be established by the council. The department of health and environment shall fix a time and place for regular meetings of the council, which shall meet at least twice annually.
(4) Members of the palliative care and quality of life interdisciplinary advisory council shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(c) "Palliative care" means an approach that improves the quality of life of patients and their families facing the problem associated with life-threatening illness, through the prevention and relief of suffering by means of early identification and impeccable assessment and treatment of pain and other problems, physical, psychosocial and spiritual. Palliative care:
(1) Provides relief from pain and other distressing symptoms;
(2) affirms life and regards dying as a normal process;
(3) intends neither to hasten or postpone death;
(4) integrates the psychological and spiritual aspects of patient care;
(5) offers a support system to help patients live as actively as possible until death;
(6) offers a support system to help the family cope during the patient's illness and in their own bereavement;
(7) uses a team approach to address the needs of patients and their families, including bereavement counseling, if indicated;
(8) will enhance quality of life, and may also positively influence the course of illness; and
(9) is applicable early in the course of illness, in conjunction with other therapies that are intended to prolong life, such as chemotherapy or radiation therapy, and includes those investigations needed to better understand and manage distressing clinical complications.
History: L. 2018, ch. 66, § 3; July 1.
§§ 65-1,261 State palliative care consumer and professional information and education program; creation; duties of department of health and environment
(a) There is hereby created the state palliative care consumer and professional information and education program in the department of health and environment. The purpose of the state palliative care consumer and professional information and education program is to maximize the effectiveness of palliative care initiatives in the state by ensuring that comprehensive and accurate information and education about palliative care is available to the public, health care providers and health care facilities.
(b) The department of health and environment:
(1) Shall publish information and resources on its website, including links to external resources, about palliative care for the public, health care providers and health care facilities. The information shall include, but not be limited to, the following:
(A) Continuing education opportunities for health care providers;
(B) information about palliative care delivery in home, primary, secondary and tertiary environments; and
(C) consumer educational materials and referral information for palliative care, including hospice;
(2) may develop and implement any other initiatives regarding palliative care services and education that it determines would further the purposes of this section; and
(3) shall consult with the palliative care and quality of life interdisciplinary advisory council.
(c) "Palliative care" shall have the meaning ascribed to it in K.S.A. 65-1,260, and amendments thereto.
History: L. 2018, ch. 66, § 4; July 1.
§§ 65-1,262 Prenatally and postnatally diagnosed conditions awareness programs; transfer of authorization and oversight to Kansas council on developmental disabilities; transfer of powers, duties and functions; rules and regulations
(a) Authorization and oversight of prenatally and postnatally diagnosed conditions awareness programs are hereby transferred from the department of health and environment to the Kansas council on developmental disabilities. The powers, duties and functions of the department of health and environment related to prenatally and postnatally diagnosed conditions awareness programs as provided in K.S.A. 65-1,259, and amendments thereto, are hereby transferred and imposed upon the Kansas council on developmental disabilities.
(b) Whenever the department of health and environment, the secretary of health and environment, or words of like effect, are referred to or designated by statute, contract or other document, and such reference or designation is in regard to any function, power or duty related to prenatally and postnatally diagnosed conditions awareness programs as provided in K.S.A. 65-1,259, and amendments thereto, such reference or designation shall be deemed to apply to the Kansas council on developmental disabilities.
(c) All rules and regulations, orders and directives of the secretary of health and environment related to prenatally and postnatally diagnosed conditions awareness programs that are in effect pursuant to K.S.A. 65-1,259, and amendments thereto on the effective date of this act shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the chairperson of the Kansas council on developmental disabilities until amended, revoked or nullified pursuant to law.
History: L. 2025, ch. 38, § 1; July 1.
Article 2 Local Boards of Health; Clinics
§ 65-201 County, city-county and multicounty units; local health officers; appointment, tenure, removal; laws applicable; review, amendment or revocation of local health officer orders; limitation on certain orders; approval by board of county commissioners required; civil action for relief from orders
(a) The board of county commissioners of each county shall act as the county board of health for the county. Each county board shall appoint a person licensed to practice medicine and surgery, preference being given to persons who have training in public health, who shall serve as the local health officer and who shall act in an advisory capacity to the county board of health. The appointing authority of city-county, county or multicounty health units with less than 100,000 population may appoint a qualified local health program administrator as the local health officer if a person licensed to practice medicine and surgery or person licensed to practice dentistry is designated as a consultant to direct the administrator on program and related medical and professional matters. The local health officer or local health program administrator shall hold office at the pleasure of the board.
(b) (1) Except as provided in paragraph (2), any order issued by the local health officer, including orders issued as a result of an executive order of the governor, may be reviewed, amended or revoked by the board of county commissioners of the county affected by such order at a meeting of the board. Any order reviewed or amended by the board shall include an expiration date set by the board and may be amended or revoked at an earlier date by a majority vote of the board.
(2) If a local health officer determines it is necessary to issue an order mandating the wearing of face masks, limiting the size of gatherings of individuals, curtailing the operation of business, controlling the movement of the population of the county or limiting religious gatherings, the local health officer shall propose such an order to the board of county commissioners. At the next regularly scheduled meeting of the board or at a special meeting of the board, the board shall review such proposed order and may take any action related to the proposed order the board determines is necessary. The order shall become effective if approved by the board or, if the board is unable to meet, if approved by the chairperson of the board or the vice chairperson of the board in the chairperson's absence or disability.
(c) The board of county commissioners in any county having a population of less than 15,000 may contract with the governing body of any hospital located in such county for the purpose of authorizing such governing body of the hospital to supply services to a county board of health.
(d) (1) Any party aggrieved by an order issued pursuant to subsection (b)(2) may file a civil action in the district court of the county in which the order was issued within 30 days after such order is issued. Notwithstanding any order issued pursuant to K.S.A. 20-172(a), and amendments thereto, the court shall conduct a hearing within 72 hours after receipt of a petition in any such action. The court shall grant the request for relief unless the court finds such order is narrowly tailored to the purpose stated in the order and uses the least restrictive means to achieve such purpose. The court shall issue an order on such petition within seven days after the hearing is conducted. If the court does not issue an order on such petition within seven days, the relief requested in the petition shall be granted.
(2) Relief under this section shall not include a stay or injunction concerning the contested action that applies beyond the county in which the action was taken.
(3) The supreme court may adopt emergency rules of procedure to facilitate the efficient adjudication of any hearing requested under this subsection, including, but not limited to, rules for consolidation of similar hearings.
History: L. 1885, ch. 129, § 7; R.S. 1923, 65-201; L. 1973, ch. 246, § 1; L. 1976, ch. 264, § 1; L. 2020, ch. 1, § 37 (Special Session); L. 2021, ch. 7, § 12; March 25.
§ 65-202 Oath and bond of local health officers; duties and compensation; inspection of school buildings, county option; review, amendment or revocation of orders; employment of additional personnel; removal from office; criminal penalties
(a) The local health officer in each county throughout the state, immediately after such officer's appointment, shall take the same oath of office prescribed by law for the county officers, shall give bond of $500 conditioned for the faithful performance of the officer's duties, shall keep an accurate record of all the transactions of such office, shall turn over to the successor in office or to the county or joint board of health selecting such officer, on the expiration of such officer's term of office, all records, documents and other articles belonging to the office and shall faithfully account to the board of county commissioners and to the county and state for all moneys coming into the office. Such officer shall notify the secretary of health and environment of such officer's appointment and qualification, and provide the secretary with such officer's contact information.
(b) Such officer shall receive and distribute without delay in the county all forms from the secretary of health and environment to the rightful persons, all returns from persons licensed to practice medicine and surgery, assessors and local boards to said secretary, shall keep an accurate record of all of the transactions of such office and shall turn over all records and documents kept by such officer, the successor in office, or to the county or joint board electing such officer, on the expiration of the term of office.
(c) The local health officer shall upon the opening of the fall term of school, make a sanitary inspection of each school building and grounds, and shall make such additional inspections as are necessary to protect the public health of the students of the school.
(d) (1) Such officer shall make an investigation of each case of smallpox, diphtheria, typhoid fever, scarlet fever, acute anterior poliomyelitis (infantile paralysis), epidemic cerebro-spinal meningitis and such other acute infectious, contagious or communicable diseases as may be required, and shall use all known measures to prevent the spread of any such infectious, contagious or communicable disease, and shall perform such other duties as this act, the county or joint board, board of health or the secretary of health and environment may require.
(2) Any order issued by the local health officer, including orders issued as a result of an executive order of the governor, on behalf of a county regarding the remediation of any infectious disease may be reviewed, amended or revoked by the board of county commissioners of any county affected by such order in the manner provided by K.S.A. 65-201(b), and amendments thereto.
(e) Such officer shall receive compensation as set by the board and with the approval of the board of health may employ a skilled professional nurse and other additional personnel whenever deemed necessary for the protection of the public health.
(f) Any failure or neglect of the local health officer to perform any of the duties prescribed in this act, the officer may be removed from office by the county board of health. In addition to removal from office, for any failure or neglect to perform any of the duties prescribed by this act, the local health officer shall be deemed guilty of a misdemeanor and, upon conviction, be fined not less $10 nor more than $100 for each and every offense.
History: L. 1885, ch. 129, § 8; L. 1909, ch. 102, § 1; R.S. 1923, 65-202; L. 1925, ch. 202, § 1; L. 1927, ch. 240, § 1; L. 1973, ch. 246, § 2; L. 1975, ch. 462, § 70; L. 1980, ch. 182, § 26; L. 2020, ch. 1, § 38 (Special Session); L. 2024, ch. 38, § 2; July 1.
§ 65-203 Obstetrical patients
County boards of health may make a special contract with the state board of regents for the care and maintenance in the hospital conducted by the said board of regents in connection with the state university, of such obstetrical patients as are public charges in their respective institutions: Provided, It is necessary to secure professional attention other than that furnished by the institutions of which such public charges are inmates.
History: R.S. 1923, 65-203; December 27.
§ 65-204 County health funds; health buildings; garbage and trash disposal; tax levies, use of proceeds; increase in levy; protest; election
(a) The board of county commissioners of any county of the state may levy a tax upon all taxable tangible property in such county for the purposes authorized herein and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 and amendments thereto by cities located in the county, and the proceeds thereof shall be placed into a separate fund designated as "the county health fund," which fund is hereby created, and shall be used to defray the cost of:
(1) Assisting in the carrying out of the health laws and rules and regulations of the state within such county;
(2) paying the salary of the local health officer;
(3) any contract entered into with the governing body of any hospital located in a county having a population of less than 15,000 as provided by K.S.A. 65-201 and amendments thereto;
(4) the employment of additional personnel to assist the local health officer and other health authorities within such counties.
(b) Any moneys remaining in the county health fund at the end of any county fiscal year for which a levy is made under this section may be transferred to the county health capital outlay fund, which is hereby created, for the making of capital expenditures incident to county health purposes.
(c) In all counties having a population over 100,000 and not more than 300,000, the board of county commissioners may levy in addition a tax for the purpose of paying the cost of building or equipping a health building and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 and amendments thereto by cities located in the county, upon all tangible taxable property in such county. In counties having a population of more than 250,000, the board of county commissioners may levy an annual tax upon all taxable tangible property in such county for the purpose of financing garbage and trash disposal in such county, either as a joint operation with any city located in such county or as a sole operation of such county and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774 and amendments thereto by cities located in the county.
(d) Except as provided by this subsection, no levy shall be made by any county for the county health fund in an amount exceeding two mills. The board of county commissioners may increase the mill levy authorized by this subsection by adoption of a resolution. Such resolution shall be published once each week for two consecutive weeks in the official county newspaper. If within 60 days after the last publication of the resolution, a petition signed by not less than 5% of the qualified electors in the county is filed in the office of the county election officer requesting an election thereon, the board shall not increase such levy unless the question is submitted to and approved by a majority of the voters of the county voting at an election thereon. All such elections shall be noticed, called and held in the manner prescribed in K.S.A. 10-120 and amendments thereto.
History: L. 1929, ch. 289, § 1; L. 1945, ch. 247, § 1; L. 1953, ch. 424, § 2; L. 1957, ch. 334, § 1; L. 1961, ch. 281, § 1; L. 1965, ch. 370, § 1; L. 1967, ch. 336, § 1; L. 1968, ch. 342, § 1; L. 1970, ch. 249, § 1; L. 1971, ch. 203, § 1; L. 1974, ch. 248, § 1; L. 1974, ch. 433, § 2; L. 1975, ch. 162, § 36; L. 1976, ch. 264, § 2; L. 1979, ch. 52, § 157; L. 1985, ch. 206, § 1; L. 1986, ch. 228, § 1; L. 1988, ch. 234, § 1; L. 1990, ch. 66, § 42; May 31.
§ 65-205 Joint board by cities and counties; agreement; jurisdiction; board in counties over 300,000
Whenever it shall be determined that the public health and sanitation of any city or county may be best promoted by the creation of a joint board of health for any two or more cities, counties or city and county the governing bodies of such municipalities may so declare by resolution and may, by agreement with each other, establish a joint board of health with the same powers, duties, and limitations as are now or hereafter may be provided by law for the creation and conduct of boards of health to act severally in such municipalities. Upon the creation of any such board of health all the jurisdiction, powers and duties now conferred by law upon any local, municipal or county board of health shall be withdrawn from such local, municipal or county board of health and conferred upon the joint board of health. In all counties having a population of more than 300,000 such board of health existing on July 1, 1974, is hereby abolished and in its place a joint board is hereby created and shall consist of 11 persons who shall be appointed as follows:
Five members, one of whom shall be a medical doctor who is duly licensed to practice in the state of Kansas, shall be appointed by the governing body of the first-class city located within such county; five members, one of whom shall be a psychiatrist who is duly licensed to practice in the state of Kansas, shall be appointed by the board of county commissioners, and one member shall be appointed by the chief district judge of such county, and such member shall be a pharmacist duly licensed under the laws of the state of Kansas. Such members shall hold such office for a term of four years and until their successors are appointed and qualified, except that the members of the first board appointed on or after July 1, 1974, shall hold their offices for terms as follows: Three members appointed by the governing body of the first-class city located within such county for a term of one year and two members appointed by such governing body for terms of three years; three members appointed by the board of county commissioners of such county for terms of four years and two members appointed by such board of county commissioners for terms of two years; one member appointed by the chief district judge of such county for a term of two years, and the appointing authority, appointing more than one member, shall designate the term for which each is to serve. Such members shall be eligible for reappointment, but at no time shall a majority of such board be composed of medical doctors. The actions of such board shall be subject to the approval of the governing bodies of the city and county sitting en banc and such governing bodies may, while sitting en banc, provide by mutual agreement and resolution, rules and regulations for the operation of such joint board of health. All the powers, duties and functions conferred or imposed by law upon such joint board of health in existence prior to July 1, 1974, and abolished by the provisions of this act, are hereby transferred and conferred upon the joint board of health created by this act.
History: L. 1943, ch. 223, § 1; L. 1961, ch. 282, § 1; L. 1974, ch. 249, § 1; L. 1976, ch. 145, § 210; L. 1999, ch. 57, § 62; July 1.
§ 65-206 Treasurer; election; term; bond; moneys
It shall be the duty of the joint board of health to elect a treasurer, who shall be a member of such board, for such term as may be agreed upon under the authority of K.S.A. 65-205. The treasurer shall hold office for the term for which he is elected and until his successor is elected and qualified, and shall give bond to be approved by the governing bodies of the contracting municipalities for the safekeeping and due disbursement of all funds that may come into his hands. All money provided for health, mental health, and sanitation purposes by the contracting municipalities shall, when collected, be paid over to the treasurer of said board in an amount not exceeding that budgeted by the municipalities for such purposes. The joint board of health shall have the exclusive control over the expenditure of all moneys paid to the credit of its treasurer for health, mental health, and sanitation purposes, and the treasurer shall receive and pay out all the moneys under the control of said board as ordered by it.
History: L. 1943, ch. 223, § 2; L. 1961, ch. 282, § 2; June 30.
§ 65-207 Reports to governing body
The joint board of health, during the month of January of each year, shall file with the governing body of each contracting municipality a report of its activities and a statement of all receipts and expenditures during the preceding year.
History: L. 1943, ch. 223, § 3; March 29.
§ 65-208 Health and sanitation; tax levies, use of proceeds
The contracting municipalities may levy taxes for health and sanitation purposes and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county as may be provided by law except that the amounts to be budgeted for such purposes by each contracting municipality shall be fixed by agreement after taking into consideration the population of each and any other factors which would necessarily increase or diminish the costs to be borne by it in the absence of agreement to establish such joint board of health.
History: L. 1943, ch. 223, § 4; L. 1979, ch. 52, § 158; July 1.
§ 65-209 Withdrawal; notice
If the governing body of any city or county which has entered into an agreement to establish a joint board of health shall adopt a resolution declaring its intention to withdraw from such agreement and joint board of health, and shall give written notice thereof on or before July 15, of any fiscal year to each municipality which is a party to the agreement, such city or county may withdraw from such joint board of health and agreement at the end of such fiscal year.
History: L. 1943, ch. 223, § 5; March 29.
§ 65-210 Same; moneys
Any money remaining in the hands of the treasurer of the joint board of health, upon its dissolution by the contracting parties, shall be repaid to the respective treasurers of the contracting municipalities in the proportion in which such municipalities contributed during the last fiscal year.
History: L. 1943, ch. 223, § 6; March 29.
§ 65-211 Establishment of mental health clinics and joint boards of mental health in certain counties; charges; parolees; disposition of moneys; contract for services with nonprofit corporation, when; report
(a) In all counties wherein there is established a joint board of health pursuant to K.S.A. 65-205, and amendments thereto, the governing bodies of the municipalities involved may by resolution adopted by each of the governing bodies, provide for the establishment of a mental health clinic for the diagnosis and treatment of mental illness. If established, the mental health clinic shall be operated by and be subject to the jurisdiction of such joint board of health to the same extent as other public health services provided thereby. The joint board of health shall appoint a mental health advisory board of not less than seven members. Members of the mental health advisory board shall include consumers of mental health services or representatives of mental health consumer groups and shall include family members of mentally ill persons. The joint board of health shall establish a schedule of charges for services and medications to persons using the mental health clinic, but no person shall be denied the services and medications of the clinic because of inability to pay for the same. The mental health clinic also shall provide facilities for patients paroled thereto by lawfully constituted authority. All moneys received for services and medications rendered hereunder shall be applied on and used to finance the budget of the joint board of health. If the governing bodies of the municipalities involved hereunder determine by resolution adopted by each of the governing bodies that it is more practicable to contract for such mental health services and medications with a nonprofit corporation, then and in that event the joint board of health shall contract with a nonprofit corporation to provide mental health services hereunder. The governing body of any such nonprofit corporation shall include consumers of mental health services or representatives of mental health consumer groups and shall include family members of mentally ill persons. The nonprofit corporation shall not deny service or medication to anyone because of inability to pay for the same, but the nonprofit corporation may establish a schedule of charges for those who are financially able to pay for such services or medication. The nonprofit corporation annually shall provide the joint board of health with a complete financial report showing the amount of fees collected, the amount of tax money received under the contract, and any other income. The report also shall show any other disbursements, including salaries paid to each person employed by the nonprofit corporation.
(b) In lieu of contracting with a nonprofit corporation to provide mental health services, the governing bodies of municipalities which have established a joint board of health pursuant to K.S.A. 65-205, and amendments thereto, may establish a joint board of mental health for the purpose of authorizing such board to contract for and on behalf of the governing bodies of the municipalities with a nonprofit corporation to provide mental health services. The governing body of any such nonprofit corporation shall include consumers of mental health services or representatives of mental health consumer groups and shall include family members of mentally ill persons. Members of the joint board of mental health shall be appointed in the same manner as members are appointed to the joint board of health. Any joint board of mental health which is authorized to contract with a nonprofit corporation under this subsection is hereby authorized to pay the amount agreed upon in such contract with a nonprofit corporation from the proceeds of the tax levied pursuant to K.S.A. 65-212, and amendments thereto, for mental health services.
History: L. 1955, ch. 285, § 1; L. 1957, ch. 335, § 1; L. 1961, ch. 283, § 1; L. 1965, ch. 371, § 1; L. 1985, ch. 207, § 1; L. 1990, ch. 92, § 31; January 1, 1991.
§ 65-212 Establishment of mental health clinics and joint boards of mental health in certain counties; tax levies, use of proceeds; issuance of bonds; adoption and publication of resolution; protest petition and election
The board of county commissioners of any such county may, upon the establishment of such mental health clinic, levy an annual tax upon all taxable tangible property in such county for the operation of such mental health clinic, and in addition thereto to provide for the construction of facilities for such mental health clinic and to pay a portion of the principal of and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. In addition to the levy authorized for the operation of such mental health clinic, the board of county commissioners may levy an annual tax on all taxable tangible property in their county and may issue and sell general obligation bonds of such county, for the purpose of creating and providing a special fund to be used in acquiring a site for, and the building, equipping, repairing, remodeling and furnishing of a mental health clinic or for any one or more of such purposes. Such levy may also be used to pay a portion of the principal of and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. Such additional tax levy may be made annually until sufficient funds have been created for such purpose or purposes, or if the county has issued and sold general obligation bonds, the proceeds raised by the annual tax levy shall be used to retire the general obligation bonds and such tax levy shall continue until the general obligation bonds have been retired. Such federal, state or private funds as may be available may be accepted by the board of county commissioners to be placed in the fund for operation of or construction of a mental health clinic as the case may be. Title to the building or buildings of the mental health clinic shall vest in the board of county commissioners and they may allow the mental health clinic which is subject to the jurisdiction of the joint board of health pursuant to K.S.A. 65-211, and amendments thereto, to use the building without charge. The proceeds thereof shall be placed in the hands of the treasurer of the joint board of health, to be administered as provided by K.S.A. 65-206, and amendments thereto. No levy shall be made under the provisions of this act until a resolution authorizing the making of such levies is passed by the board of county commissioners and published in three successive issues in a newspaper of general circulation within the county, whereupon such levies may be made unless a petition in opposition to the same, signed by electors equal in number to not less than 10% of the qualified electors of such county who voted for the office of secretary of state in the last preceding election, is filed with the county clerk of such county within 30 days following the last publication of such resolution.
In the event such petition is filed it shall be the duty of the board of county commissioners to submit the question to the voters at an election called for such purpose or at the next general election. None of the debt limitations prescribed by law for any such county shall apply to any bonds issued under the authority conferred by this act. The provisions of this act shall be supplemental to other existing health laws in the counties affected thereby, but shall in no way abrogate or amend any such other existing health laws.
History: L. 1955, ch. 285, § 2; L. 1961, ch. 284, § 1; L. 1965, ch. 371, § 2; L. 1970, ch. 100, § 39; L. 1975, ch. 162, § 37; L. 1979, ch. 52, § 159; L. 1988, ch. 378, § 1; L. 1999, ch. 154, § 42; May 27.
§ 65-213 Mental health clinic in certain counties; board of trustees, appointment, qualifications, terms
(a) In all counties having a population of more than 20,000 and less than 22,000, and having an assessed tangible valuation of more than $40,000,000, wherein there has been established a county hospital, the board of county commissioners of such county may, by resolution, provide for the establishment of a mental health clinic for the diagnosis and treatment of mental illness, which mental health clinic, when so established, shall be operated by and subject to the jurisdiction of a board of trustees.
(b) The board of trustees shall consist of five citizens who shall be appointed by the board of county commissioners with reference to their fitness for such office, all residents of the county, not more than three members shall be residents of the city in which the hospital is located. In addition, the board of trustees shall include consumers of mental health services or representatives of mental health consumer groups and shall include family members of mentally ill persons.
(c) The members shall be appointed initially to hold their office as follows, three for four years and two for two years, and, thereafter, each subsequent two years, the board of county commissioners shall appoint, for four-year terms, successors to such members whose terms have expired.
History: L. 1957, ch. 345, § 1; L. 1990, ch. 92, § 32; January 1, 1991.
§ 65-214 Same; treasurer of board, election, bond; expenditures
It shall be the duty of the board of trustees to elect a treasurer, who shall be a member of such board. Such treasurer shall hold office for the term for which he is appointed under K.S.A. 65-213, and shall give bond, to be approved by the board of county commissioners, for the safekeeping and due disbursement of all funds that may come into his hands. The board of trustees shall have exclusive control over the expenditure of all moneys paid to the credit of its treasurer under K.S.A. 65-215, and the treasurer shall receive and pay out all the moneys under the control of the board of trustees as ordered by it.
History: L. 1957, ch. 345, § 2; April 6.
§ 65-215 Same; tax levies, use of proceeds; adoption and publication of resolution; protest petition and election
The board of county commissioners of any such county may, upon the establishment of such mental health clinic, levy an annual tax upon all taxable tangible property in such county and the proceeds thereof shall be placed in the hands of the treasurer of said board of trustees, to be administered as provided by K.S.A. 65-214 and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county. No levy shall be made under the provisions of this act until a resolution authorizing the making of such levies be passed by the board of county commissioners by publication for three successive issues in a newspaper of general circulation within the county, whereupon such levies may be made unless a petition in opposition to the same, signed by not less than ten percent (10%) of the qualified electors of such county as determined by the vote for secretary of state in the last preceding election, is filed with the county clerk of such county within thirty (30) days following the last publication of said resolution.
In the event such petition is filed it shall be the duty of the board of county commissioners to submit the question to the voters at an election called for such purpose or at the next general election. The provisions of this act shall be supplemental to other existing health laws in the counties affected thereby, but shall in no way abrogate, or amend any such other existing health laws.
History: L. 1957, ch. 345, § 3; L. 1970, ch. 100, § 40; L. 1975, ch. 162, § 38; L. 1979, ch. 52, § 160; July 1.
§§ 65-216 through 65-219 Repealed
History: L. 1961, ch. 290, §§ 1 to 4; Repealed, L. 1969, ch. 295, § 1; July 1.
§ 65-220 Community nursing care; definitions
As used in this act: (a) "County health department" means county health department established pursuant to K.S.A. 65-204 or 65-205.
(b) "Community nursing care" means community nursing and related care of the ill and disabled rendered in a home or in a clinic.
History: L. 1967, ch. 345, § 1; L. 1973, ch. 247, § 1; July 1.
§ 65-221 Same; services; fees; personnel; expenditures
The county health department is hereby authorized to provide community nursing care services and to collect fees for said services, to those persons living in counties in the state where in the judgment of the county health department adequate home or clinic nursing care is not otherwise provided.
In order that it may effectively render community nursing care services, the county health department is authorized to employ the necessary personnel, including nursing and supervisory personnel, and shall have authority further to purchase equipment and materials necessary to maintain an effective program of community nursing care service.
History: L. 1967, ch. 345, § 2; L. 1973, ch. 247, § 2; July 1.
§ 65-222 Same; rendering of services; fees; amount and use
Whenever a county health department has established a community nursing care program, it may render such community nursing care services as are authorized by this act and for that purpose may charge fees as set in a schedule of fees established by the county department of health, and fees so collected shall be used for nursing care services within the county. Any county health department may render such services anywhere within the county or counties which it serves.
History: L. 1967, ch. 345, § 3; L. 1973, ch. 247, § 3; July 1.
§ 65-223 Same; receipt of funds; use
The county health department is authorized to receive moneys from any source for community nursing care. All such moneys as a county health department may receive for such services shall be used to carry out the provisions of this act.
History: L. 1967, ch. 345, § 4; L. 1973, ch. 247, § 4; July 1.
§ 65-224 Same; use of county general funds
The county health department is hereby authorized to expend such moneys as is necessary, appropriated to it for general government operations, to carry out the provisions of this act.
History: L. 1967, ch. 345, § 5; July 1.
§ 65-225 Same; collection of fees
The county health departments are authorized to maintain legal action in each county and the county attorney shall aid in the collection of fees charged for community nursing care services which have been rendered to any person in his county.
History: L. 1967, ch. 345, § 6; L. 1973, ch. 247, § 5; July 1.
§ 65-226 Expired
History: L. 1991, ch. 183, § 1; Expired, July 1, 1995.
§§ 65-227 through 65-240 Reserved
§ 65-241 State financial assistance to local health departments; definitions
As used in K.S.A. 65-241 to 65-246, inclusive: (a) "Local health department" means any county, city-county or multicounty department of health.
(b) "Secretary" means secretary of health and environment.
(c) "Fiscal year" means the period commencing January 1 of any year and ending December 31 of the same year.
(d) "State financial assistance" means the total amount of money available for distribution to local health departments under this act.
History: L. 1982, ch. 257, § 1; L. 1983, ch. 205, § 1; July 1.
§ 65-242 Financial assistance to local health departments; computation of assistance
For the purpose of ensuring that adequate public health services are available to all inhabitants of the state of Kansas, the state shall assist in the financing of the operation of local health departments. Subject to appropriations therefor, state financial assistance shall be distributed to local health departments as follows:
(a) First, each local health department shall, upon application therefor, receive $12,000. If sufficient funds are not available to make this distribution, then the funds that are available shall be divided equally among those local health departments making application therefor.
(b) Second, if any funds are available after the distribution required in subsection (a), the secretary shall distribute such funds as follows:
(1) A figure equal to the total amount of state financial assistance available for distribution, before deduction for the distribution in subsection (a), shall be determined.
(2) The figure determined in paragraph (1) shall be allocated to local health departments making application for assistance based on the proportion that the population of the county or counties comprising the local health department applying for such assistance bears to the total population of all counties comprising local health departments that have applied for such financial assistance.
(3) If any local health department making application for assistance receives an amount equal to or less than $12,000 using the formula in paragraph (2), then such department shall be paid in accordance with subsection (a). If any local health department making application for assistance receives more than $12,000 using the formula in paragraph (2), then such department shall be paid based on the proportion that the population served by the county or counties comprising such local health department bears to the total population of all counties comprising local health departments that have made application for assistance, except for departments receiving funds under subsection (a), except that in no case shall the assistance distributed under this subsection to a local health department exceed the amount that the local health department receives from local tax revenues for the county fiscal year in which the state financial assistance is paid.
(c) If local tax revenues allotted to a local health department for a fiscal year fall below the level of local tax revenues allotted to the local health department for the preceding fiscal year, the amount of state financial assistance under this act for which such local health department is eligible for the fiscal year shall be reduced by a percentage equal to the percentage of reduction in local tax revenue for that fiscal year.
History: L. 1982, ch. 257, § 2; L. 1991, ch. 182, § 1; L. 2011, ch. 74, § 1; L. 2025, ch. 93, § 4; July 1.
§ 65-243 Same; application for assistance; population figures; rules and regulations
(a) The governing board of any local health department may apply for the financial assistance provided under K.S.A. 65-242 and amendments thereto, by submitting annually to the secretary an application form provided by the secretary and such other information as the secretary may require.
(b) The secretary shall use official state population figures based upon population figures available from the United States bureau of the census to determine the population of counties for computing state financial assistance under K.S.A. 65-242 and amendments thereto.
(c) The secretary may adopt rules and regulations necessary for the administration of this act.
History: L. 1982, ch. 257, § 3; L. 1991, ch. 182, § 2; July 1.
§ 65-244 Same; determination of amount of state financial assistance due each local health department; payment of financial assistance
(a) Prior to the beginning of each fiscal year and after review of the application submitted under K.S.A. 65-243 and amendments thereto, the secretary shall determine the amount of state financial assistance due to each local health department which has applied for such financial assistance. Payments shall be computed and made based on the county fiscal year. Payments made during the county fiscal year commencing January 1, 1991, shall be computed and made in accordance with the provisions of K.S.A. 65-241 through 65-246 in effect immediately prior to the effective date of this act. Payments made during the county fiscal year commencing January 1, 1992, and each county fiscal year thereafter shall be computed and made in accordance with the provisions of this act.
(b) The state financial assistance due to each local health department applying therefor shall be paid as provided in this section. The moneys received in any quarter may be used at any time during the year. The state financial assistance due to each local health department shall be paid as follows: January 1 for the quarter beginning January 1 and ending March 31; April 1 for the quarter beginning April 1 and ending June 30; July 1 for the quarter beginning July 1 and ending September 30; and October 1 for the quarter beginning October 1 and ending December 31.
(c) The secretary shall certify to the director of accounts and reports the total amount of state financial assistance due each quarter to each local health department which has applied for such financial assistance. The director of accounts and reports shall draw warrants on the state treasurer payable to the governing board of each such local health department upon vouchers executed as provided by law and approved by the secretary.
History: L. 1982, ch. 257, § 4; L. 1991, ch. 182, § 3; July 1.
§ 65-245 Same; overpayment or underpayment to local health department; procedure
In the event any local health department 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 local health department 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 to remit, the secretary shall deduct the excess amount paid from future payments becoming due to such local health department. In the event any local health department 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 county fiscal year in which the underpayment was made or within 60 days after the end of such county fiscal year.
History: L. 1982, ch. 257, § 5; L. 1991, ch. 182, § 4; L. 2001, ch. 5, § 216; July 1.
§ 65-246 Same; other moneys available to local health departments; moneys not included in determining local tax revenues
(a) Moneys available under this act for financial assistance to local health departments shall not be substituted for or used to reduce or eliminate moneys available to local health departments from the federal government or substituted for or used to reduce or eliminate moneys available from local tax revenues. Nothing in this act shall be construed to authorize a reduction or elimination of moneys available to local health departments from the federal government or to authorize the reduction or elimination of moneys made available by the state to local health departments in addition to moneys available under this act.
(b) Moneys received by local health departments from fees charged for services or one-time special project grants shall not be included in the sum of money which the local health department receives from local tax revenues when determining the amount such department will receive from state financial assistance pursuant to K.S.A. 65-242, and amendments thereto.
History: L. 1982, ch. 257, § 6; L. 1991, ch. 183, § 2; July 1.
Article 2a Regional Health Programs (Not in active use)
§ 65-2a01 Repealed
History: L. 1972, ch. 228, § 1; L. 1974, ch. 352, § 71; Repealed, L. 1976, ch. 280, § 25; July 1.
§§ 65-2a02 through 65-2a06 Repealed
History: L. 1972, ch. 228, §§ 2 to 6; Repealed, L. 1976, ch. 280, § 25; July 1.
§ 65-2a07 Repealed
History: L. 1972, ch. 228, § 7; L. 1975, ch. 462, § 71; Repealed, L. 1976, ch. 280, § 25; July 1.
§§ 65-2a08 through 65-2a14 Repealed
History: L. 1972, ch. 228, §§ 8 to 13, 16; Repealed, L. 1976, ch. 280, § 25; July 1.
Article 3 Control of Contagious Diseases in Cities of the Second or Third Class
§ 65-301 Authority of officers; expenses
Whenever smallpox or other contagious or infectious diseases exist in a city of the second or third class the governing body of such city and the local health officer and the county commissioner in the district in which is located such cities shall take such action as in their judgment may be necessary to control, suppress and prevent the spreading of the same and to pay all the necessary expenses for such action and purposes.
History: L. 1919, ch. 145, § 1; R.S. 1923, 65-301; L. 1980, ch. 182, § 27; July 1.
§ 65-302 Audit and payment of claims by county
A detailed, itemized and verified account of all moneys so expended by the city shall be presented to the board of county commissioners of the county in which such city is located, and said board of county commissioners shall monthly audit claims therefor, and when it shall determine that the items of expense were incurred under the provisions of K.S.A. 65-301, shall allow such claims and draw warrants on the county treasurer in favor of said city therefor, and it shall be the duty of the county treasurer of said county to pay the same out of any funds in the treasury not otherwise appropriated.
History: L. 1919, ch. 145, § 2; March 15; R.S. 1923, 65-302.
Article 4 Hospitals and Other Facilities
§ 65-401 Repealed
History: L. 1901, ch. 353, § 81; R.S. 1923, 65-401; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
§ 65-402 Repealed
History: L. 1901, ch. 353, § 82; R.S. 1923, 65-402; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
§ 65-403 Repealed
History: L. 1901, ch. 353, § 83; R.S. 1923, 65-403; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
§ 65-404 Repealed
History: R.S. 1923, 65-404; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
§ 65-405 Repealed
History: L. 1907, ch. 392, § 2; R.S. 1923, 65-405; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
§ 65-405a Repealed
History: L. 1953, ch. 285, § 1; Repealed, L. 1965, ch. 348, § 40; January 1, 1966.
§ 65-406 Liens upon personal injury damages recovered by patients; exception; enforcement of claimed lien in excess of $5,000
(a) Every hospital, which furnishes emergency, medical or other service to any patient injured by reason of an accident not covered by the workers compensation act, if such injured party asserts or maintains a claim against another for damages on account of such injuries, shall have a lien upon that part going or belonging to such patient of any recovery or sum had or collected or to be collected by such patient, or by such patient's heirs, personal representatives or next of kin in the case of such patient's death, whether by judgment or by settlement or compromise.
(b) Such lien shall be to the amount of the reasonable and necessary charges of such hospital for the treatment, care and maintenance of such patient in such hospital up to the date of payment of such damages. Such lien shall not in any way prejudice or interfere with any lien or contract which may be made by such patient or such patient's heirs or personal representatives with any attorney or attorneys for handling the claim on behalf of such patient or such patient's heirs or personal representatives. Such lien shall not be applied or considered valid against anyone coming under the workers compensation act in this state.
(c) In the event the claimed lien is for the sum of $5000 or less it shall be fully enforceable as contemplated by subsection (a) of this section. In the event the claimed lien is for a sum in excess of $5,000 the first $5,000 of the claimed lien shall be fully enforceable as contemplated by subsection (a) of this section, and that part of the claimed lien in excess of $5,000 shall only be enforceable to the extent that its enforcement constitutes an equitable distribution of any settlement or judgment under the circumstances. In the event the patient or such patient's heirs or personal representatives and the hospital or hospitals cannot stipulate to an equitable distribution of a proposed or actual settlement or a judgment, the matter shall be submitted to the court in which the claim is pending, or if no action is pending then to any court having jurisdiction and venue of the injury or death claim, for determination of an equitable distribution of the proposed or actual settlement or judgment under the circumstances.
History: L. 1939, ch. 235, § 1; L. 1951, ch. 357, § 1; L. 1957, ch. 336, § 1; L. 1972, ch. 227, § 1; L. 1997, ch. 21, § 1; July 1.
§ 65-407 Same; notices and statement of claims; requirements
No such lien shall be effective unless a written notice setting forth the amount of all of the hospital's claims, the name of the injured person, the date of the accident and the name and location of the hospital shall be filed in the office of the clerk of the district court of the county in which such hospital is located, prior to the payment of any moneys to such injured person, such person's attorneys or legal representatives, as compensation for such injuries. Such hospital shall also send, by registered or certified mail, a copy of such notice to such patient upon whom emergency medical or other service has been performed, if the address of such patient shall be known to the hospital or can with reasonable diligence be ascertained.
History: L. 1939, ch. 235, § 2; L. 1957, ch. 336, § 2; L. 2014, ch. 52, § 1; July 1.
§ 65-408 Same; persons liable to hospital; limitation of actions
Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the filing and mailing of such notice without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior liens, shall, for a period of one year from the date of payment to such patient or his heirs, attorneys or legal representatives, as aforesaid; be and remain liable to such hospital for the amount which such hospital was entitled to receive as aforesaid; any such association, corporation or other institution maintaining such hospital may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations making any such payment.
History: L. 1939, ch. 235, § 3; June 30.
§ 65-409 Hospital lien; fee for filing; authorized only by legislative enactment
(a) The clerk of the district court shall charge a fee of $14 for entering and filing a lien statement under this act.
(b) Except as provided further, the lien fee established in subsection (a) shall be the only fee collected or moneys in the nature of a fee collected for such lien. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose an additional charge, not to exceed $22 per lien fee, to fund the costs of non-judicial personnel.
History: L. 1939, ch. 235, § 4; L. 1976, ch. 196, § 4; L. 1982, ch. 116, § 13; L. 2012, ch. 66, § 20; L. 2013, ch. 125, § 20; L. 2015, ch. 81, § 28; L. 2017, ch. 80, § 23; L. 2019, ch. 58, § 24; July 1.
§ 65-410 Title of act
This act may be cited as the Kansas medical facilities survey and construction act.
History: L. 1947, ch. 328, § 1; L. 1955, ch. 286, § 1; L. 1976, ch. 265, § 1; July 1.
§ 65-411 Definitions
As used in this act:
(a) "Secretary" means the secretary of health and environment.
(b) "The federal act" means titles VI and XVI of the United States public health service act (42 U.S.C. 291 et seq.) and any amendments thereto.
(c) "Medical facility" includes public health centers; psychiatric hospitals; health maintenance organizations as defined in K.S.A. 40-3202 and amendments thereto; medical care facilities as defined in K.S.A. 65-425 and amendments thereto; adult care homes, which term shall be limited to nursing facilities and intermediate personal care homes as these terms are defined in K.S.A. 39-923 and amendments thereto; kidney disease treatment centers, including centers not located in a medical care facility; and other facilities as may be designated by the secretary of health, education and welfare for the provision of health care.
(d) "Public health center" means a publicly owned facility for the provision of public health services, including related facilities such as laboratories, clinics and administrative offices operated in connection with public health centers.
(e) "Nonprofit medical facility" means any medical facility owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
(f) "Medical facility project" means a project for the modernization of a medical facility, the construction of a new outpatient or inpatient medical facility or the conversion of an existing medical facility for the provision of new health services.
History: L. 1947, ch. 328, § 2; L. 1955, ch. 286, § 2; L. 1974, ch. 352, § 72; L. 1976, ch. 265, § 2; L. 1978, ch. 235, § 1; L. 1992, ch. 322, § 11; June 4.
§ 65-412 Administration of act by secretary of health and environment; state medical facilities plan
The secretary shall constitute the sole agency of the state for the purpose of:
(a) Making an inventory of existing medical facilities, surveying the need for construction of medical facilities and developing a program of construction as provided in K.S.A. 65-415 to 65-417, inclusive, and any amendments thereto; and
(b) developing and administering a state medical facilities plan as provided in K.S.A. 65-418 to 65-423, inclusive, and any amendments thereto.
History: L. 1947, ch. 328, § 3; L. 1955, ch. 286, § 3; L. 1974, ch. 352, § 73; L. 1976, ch. 265, § 3; July 1.
§ 65-413 General powers and duties
In carrying out the purposes of the act, the secretary is authorized and directed:
(a) To require such reports, make such inspections and investigations and prescribe such regulations as he or she deems necessary;
(b) to provide methods of administration and take other action as may be necessary to comply with the requirements of the federal act and federal regulations adopted pursuant thereto;
(c) to procure in his or her discretion the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when such services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;
(d) to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private, to the extent that the secretary considers desirable to effectuate the purposes of this act;
(e) to accept on behalf of the state and to deposit with the state treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this act and to expend the same for such purpose;
(f) to make an annual report to the governor and to the legislature on activities and expenditures pursuant to this act, including recommendations for such additional legislation as the secretary considers appropriate to furnish adequate hospital and medical facilities to the people of this state.
History: L. 1947, ch. 328, § 4; L. 1955, ch. 286, § 4; L. 1974, ch. 352, § 74; L. 1976, ch. 265, § 4; July 1.
§ 65-414 Repealed
History: L. 1947, ch. 328, § 5; L. 1974, ch. 352, § 75; L. 1975, ch. 312, § 7; L. 1976, ch. 265, § 5; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-415 Survey and planning activities
The secretary is authorized and directed to make an inventory of existing medical facilities to survey the need for modernization or construction of medical facilities or for the conversion of existing medical facilities in order to provide new health services; and, on the basis of such inventory and survey, to develop a program for the construction, modernization or conversion of such medical facilities as will, in conjunction with existing facilities, afford the necessary physical facilities for furnishing adequate medical facility services to all the people of the state.
History: L. 1947, ch. 328, § 6; L. 1955, ch. 286, § 5; L. 1974, ch. 352, § 76; L. 1976, ch. 265, § 6; July 1.
§ 65-416 State medical facilities plan; provisions
The state medical facilities plan shall provide, in accordance with the federal act and federal regulations adopted pursuant thereto, for adequate medical facilities for the people residing in this state and insofar as possible shall provide for their distribution throughout the state in such manner as to make all types of medical facility services reasonably accessible to all persons in the state.
History: L. 1947, ch. 328, § 7; L. 1955, ch. 286, § 6; L. 1976, ch. 265, § 7; July 1.
§ 65-417 Application for federal funds for survey and planning; expenditure
The secretary is authorized to make application to the federal secretary of health, education and welfare for federal funds to assist in carrying out the survey and planning activities herein provided. Such funds shall be deposited in the state treasury and shall be available to the secretary for expenditure for carrying out the purposes of K.S.A. 65-415 to 65-417, inclusive, and any amendments thereto. Any such funds received and not expended for such purposes shall be repaid to the treasury of the United States.
History: L. 1947, ch. 328, § 8; L. 1955, ch. 286, § 7; L. 1974, ch. 352, § 77; L. 1976, ch. 265, § 8; July 1.
§ 65-418 Repealed
History: L. 1947, ch. 328, § 9; L. 1955, ch. 286, § 8; L. 1974, ch. 352, § 78; L. 1976, ch. 265, § 9; L. 1978, ch. 347, § 10; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-419 Same; priority of projects
The state medical facilities plan shall set forth the relative need for the medical facility projects included in such plan determined in accordance with the federal act and federal regulations adopted pursuant thereto, and provide for the medical facility projects, insofar as financial resources available therefor and for maintenance and operations make possible, in the order of such relative need.
History: L. 1947, ch. 328, § 10; L. 1976, ch. 265, § 10; July 1.
§ 65-420 Medical facility projects; application for funds
Applications for federal funds or loans for medical facility projects, except special project grants under section 1625 of public law 93-641 which shall be submitted directly to the federal secretary of health, education and welfare, shall be submitted to the secretary and may be submitted by the state or any political subdivision thereof or by any public or other nonprofit agency. Each application for federal funds or loans for a medical facility project shall conform to federal and state requirements.
History: L. 1947, ch. 328, § 11; L. 1955, ch. 286, § 9; L. 1974, ch. 352, § 79; L. 1976, ch. 265, § 11; July 1.
§ 65-421 Consideration and forwarding of applications; hearing
The secretary shall afford to every applicant for federal funds or loans for a medical facility project under K.S.A. 65-420, and any amendments thereto, an opportunity for a fair hearing in accordance with the provisions of the Kansas administrative procedure act. If the secretary, after affording reasonable opportunity for development and presentation of applications in the order of relative need, finds that a project application complies with the requirements of K.S.A. 65-420 and any amendments thereto, and is otherwise in conformity with the state plan, the secretary shall approve such application and shall forward the application to the federal secretary of health, education and welfare along with such recommendation.
History: L. 1947, ch. 328, § 12; L. 1955, ch. 286, § 10; L. 1974, ch. 352, § 80; L. 1976, ch. 265, § 12; L. 1988, ch. 356, § 185; July 1, 1989.
§ 65-422 Inspection of projects; certification
The secretary shall inspect each medical facility project approved by the federal secretary of health, education and welfare; and, if the inspection so warrants, the secretary shall certify to the federal secretary of health, education and welfare that work has been performed upon the project or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
History: L. 1947, ch. 328, § 13; L. 1974, ch. 352, § 81; L. 1976, ch. 265, § 13; July 1.
§ 65-423 Medical facilities project fund established; deposit of federal moneys; uses
The secretary is hereby authorized to receive federal funds in behalf of, and transmit them to, such applicants for federal funds or loans for medical facility projects approved by the federal secretary of health, education and welfare. There is hereby established, in the state treasury a medical facilities project fund. Money received from the federal government for a medical facility project approved by the federal secretary of health, education and welfare shall be deposited to the credit of this fund and shall be used solely for payments due for work performed or purchases made in carrying out approved projects. Warrants for all payments from the medical facilities project fund shall bear the signature of the secretary or the secretary's duly authorized agent for such purpose.
History: L. 1947, ch. 328, § 14; L. 1955, ch. 286, § 11; L. 1974, ch. 352, § 82; L. 1976, ch. 265, § 14; July 1.
§ 65-424 Invalidity of part
If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History: L. 1947, ch. 328, § 15; April 8.
§ 65-424a Medical facilities; definition
As used in this act: "Medical facilities" means diagnostic and treatment centers, rehabilitation facilities and nursing homes as those terms are defined in title VI of the United States public health service act (42 U.S.C. 291 et seq.) and any amendments thereto, and such other medical facilities for which federal aid may be authorized under such federal act.
History: L. 1955, ch. 293, § 1; July 1.
§ 65-424b Same; construction, operation and leasing by certain municipalities authorized
Any city, county, township or any combination thereof, or any hospital district heretofore or hereafter organized which is authorized to acquire a site, construct, reconstruct, equip, maintain, operate or lease a hospital is hereby authorized and empowered to acquire a site, construct, reconstruct, equip, maintain, operate or lease a medical facility in like manner as it is authorized to do in respect to hospitals. All the laws relating to hospitals which apply to any such city, county, township or any combination thereof, or any hospital district heretofore or hereafter organized shall be applicable to the acquisition of a site for and the construction, reconstruction, equipment, maintenance, operation and leasing of a medical facility by such city, county, township or any combination thereof and any hospital district insofar as the same can be made applicable.
History: L. 1955, ch. 293, § 2; July 1.
§ 65-425 Definitions
As used in this act:
(a) "General hospital" means an establishment with an organized medical staff of physicians; with permanent facilities that include inpatient beds; and with medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide diagnosis and treatment for patients who have a variety of medical conditions.
(b) "Special hospital" means an establishment with an organized medical staff of physicians; with permanent facilities that include inpatient beds; and with medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide diagnosis and treatment for patients who have specified medical conditions.
(c) "Person" means any individual, firm, partnership, corporation, company, association, or joint-stock association, and the legal successor thereof.
(d) "Governmental unit" means the state, or any county, municipality, or other political subdivision thereof; or any department, division, board or other agency of any of the foregoing.
(e) "Licensing agency" means the department of health and environment.
(f) "Ambulatory surgical center" means an establishment with an organized medical staff of one or more physicians; with permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures; with continuous physician services during surgical procedures and until the patient has recovered from the obvious effects of anesthetic and at all other times with physician services available whenever a patient is in the facility; with continuous registered professional nursing services whenever a patient is in the facility; and which does not provide services or other accommodations for patient to stay more than 24 hours. Before discharge from an ambulatory surgical center, each patient shall be evaluated by a physician for proper anesthesia recovery. Nothing in this section shall be construed to require the office of a physician or physicians to be licensed under this act as an ambulatory surgical center.
(g) "Recuperation center" means an establishment with an organized medical staff of physicians, permanent facilities that include inpatient beds, medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide treatment for patients who require inpatient care but are not in an acute phase of illness, who currently require primary convalescent or restorative services and who have a variety of medical conditions.
(h) "Medical care facility" means a hospital, ambulatory surgical center or recuperation center, except that "medical care facility" does not include a hospice that is certified to participate in the medicare program under 42 C.F.R. § 418.1 et seq. and that provides services only to hospice patients.
(i) "Critical access hospital" means the same as defined in K.S.A. 65-468 and amendments thereto.
(j) "Hospital" means general hospital, critical access hospital or special hospital.
(k) "Physician" means a person licensed to practice medicine and surgery in this state.
(l) "Rural emergency hospital" means the same as defined in K.S.A. 2025 Supp. 65-482, and amendments thereto.
History: L. 1947, ch. 329, § 1; L. 1949, ch. 328, § 1; L. 1971, ch. 204, § 1; L. 1973, ch. 248, § 1; L. 1974, ch. 352, § 83; L. 1992, ch. 158, § 8; L. 1993, ch. 255, § 1; L. 1994, ch. 6, § 3; L. 1998, ch. 53, § 1; L. 2021, ch. 88, § 12; May 6.
§ 65-425a Definition of "hospital" as used in article 14b of chapter 13 and article 6 of chapter 14 of the Kansas Statutes Annotated
On and after the effective date of this act, as used in the acts constituting article 14b of chapter 13 of Kansas Statutes Annotated and in the acts constituting article 6 of chapter 14 of Kansas Statutes Annotated and in any acts amendatory thereof or supplemental thereto, the term "hospital" means a medical care facility as defined in K.S.A. 65-425 and includes within its meaning any clinic, school of nursing, long-term care facility and child-care facility operated in connection with the operation of the medical care facility.
History: L. 1984, ch. 61, § 1; July 1.
§ 65-426 Purpose of act
The purpose of this act is to provide for the development, establishment and enforcement of standards: (1) For the care and treatment of individuals in medical care facilities; and (2) for the construction, maintenance and operation of medical care facilities.
History: L. 1947, ch. 329, § 2; L. 1973, ch. 248, § 2; July 1.
§ 65-427 Licensure
After July 1, 1973, no person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain a medical care facility in this state without a license under this law.
History: L. 1947, ch. 329, § 3; L. 1973, ch. 248, § 3; July 1.
§ 65-428 Application for license; contents
An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency may reasonably require, which may include affirmative evidence of ability to comply with such reasonable standards and rules and regulations as are lawfully adopted hereunder.
History: L. 1947, ch. 329, § 4; L. 1972, ch. 228, § 14; L. 1976, ch. 280, § 23; L. 1985, ch. 208, § 4; July 1.
§ 65-429 Issuance and renewal of licenses; funding the cost of administration of the medical care facilities licensure and risk management program; display of license
Upon receipt of an application for license, the licensing agency shall issue with the approval of the state fire marshal a license provided the applicant and the physical facilities of the medical care facility meet the requirements established under this act. A license, unless suspended or revoked, shall be renewable annually without charge upon the filing by the licensee, and approval by the licensing agency, of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by rules and regulations. A medical care facility which has been licensed by the licensing agency and which has received certification for participation in federal reimbursement programs and which has been accredited by the joint commission on accreditation of health care organizations or the American osteopathic association may be granted a license renewal based on such certification and accreditation. The cost of administration of the medical care facilities licensure and risk management program provisions of this act pursuant to K.S.A. 65-433 and 65-4921 et seq., and amendments thereto, shall be funded by an annual assessment from the health care stabilization fund, which assessment shall not exceed $200,000 in any one fiscal year. The licensing agency shall make an annual report to the health care stabilization fund regarding the use of these funds. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. A separate license is not required for two separate establishments which are located in the same or contiguous counties, which provide the services required by K.S.A. 65-431 and amendments thereto and which are organized under a single owner or governing board with a single designated administrator and medical staff. Licenses shall be posted in a conspicuous place on the licensed premises.
History: L. 1947, ch. 329, § 5; L. 1973, ch. 248, § 4; L. 1980, ch. 183, § 1; L. 1988, ch. 235, § 1; L. 1996, ch. 91, § 2; July 1.
§ 65-430 Denial, suspension or revocation of license; notice and hearing
The licensing agency may deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this law, a failure to report any information required to be reported by K.S.A. 65-28,121 or 65-4216 and amendments to such sections, or a failure to maintain a risk management program as required by K.S.A. 65-4922 and amendments thereto, after notice and an opportunity for hearing to the applicant or licensee in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1947, ch. 329, § 6; L. 1976, ch. 266, § 1; L. 1982, ch. 258, § 2; L. 1984, ch. 513, § 90; L. 1986, ch. 229, § 33; L. 1988, ch. 236, § 5; July 1.
§ 65-431 Rules and regulations; selection of professional staff; hospital compliance through combined operation
(a) The licensing agency shall adopt, amend, promulgate and enforce such rules and regulations and standards with respect to the different types of medical care facilities to be licensed hereunder as may be designed to further the accomplishment of the purposes of this law in promoting safe and adequate treatment of individuals in medical care facilities in the interest of public health, safety and welfare.
(b) No rule or regulation shall be made by the licensing agency that would discriminate against any practitioner of the healing arts who is licensed to practice medicine and surgery in this state. Boards of trustees or directors of facilities licensed pursuant to the provisions of this act shall have the right, in accordance with law, to select the professional staff members of such facilities and to select and employ interns, nurses and other personnel, and no rules and regulations or standards of the licensing agency shall be valid that, if enforced, would interfere in such selection or employment. In the selection of professional staff members, no hospital licensed under K.S.A. 65-425 et seq., and amendments thereto, shall discriminate against any practitioner of the healing arts who is licensed to practice medicine and surgery in this state for reasons based solely upon the practitioner's branch of the healing arts or the school or healthcare facility where the practitioner received medical schooling or postgraduate training.
(c) In formulating rules and regulations, the agency shall give due consideration to the size of the medical care facility, the type of service it is intended to render, the scope of such service, requirements for the receipt of federal reimbursement for the type of medical care facility and the financial resources in and the needs of the community which such facility serves.
(d) (1) A hospital consisting of more than one establishment shall be considered in compliance with the rules and regulations of the licensing agency if:
(A) All basic services required by the agency are available as a part of the combined operation; and
(B) the following basic services are available at each establishment:
(i) Continuous nursing service;
(ii) continuous physician coverage on duty or on call;
(iii) basic diagnostic radiological and laboratory facilities;
(iv) drug room;
(v) emergency services;
(vi) food service; and
(vii) patient isolation.
(2) The requirements of paragraphs (1)(A) and (B) shall be deemed to be satisfied by a rural emergency hospital if such rural emergency hospital meets the licensing requirements established for such hospital by the licensing agency.
History: L. 1947, ch. 329, § 7; L. 1973, ch. 248, § 5; L. 1976, ch. 266, § 2; L. 1988, ch. 235, § 2; L. 1988, ch. 237, § 1; L. 1988, ch. 238, § 1; L. 2021, ch. 88, § 13; May 6.
§ 65-431a Kansas lay caregiver act; definitions; opportunity for hospital patient to designate lay caregiver; notice; liability
(a) This section shall be known and may be cited as the Kansas lay caregiver act.
(b) As used in this section:
(1) "Aftercare" means assistance that:
(A) Is provided by a caregiver to an eligible patient after discharge of the patient from a hospital;
(B) is related to the condition of the patient at the time of discharge; and
(C) does not require professional licensure pursuant to chapter 65 of the Kansas Statutes Annotated, and amendments thereto, in order to perform the assistance.
(2) "Caregiver" means an individual who:
(A) Is 16 years of age or older;
(B) has a significant relationship with the patient, including, but not limited to, next of kin, partner, friend or neighbor;
(C) provides aftercare to an individual; and
(D) is identified by the patient, or the patient's legal guardian, as a person who is involved with the healthcare of the patient.
(3) "Discharge" means the release of a patient from hospital care to the residence or another location identified by the patient or legal guardian as the temporary residence of the patient following an inpatient admission.
(4) "Hospital" means the same as defined by K.S.A. 65-425, and amendments thereto.
(5) "Legal guardian" means an individual who is appointed by a court to make decisions regarding the healthcare of a patient.
(6) "Patient" means an individual who has been admitted to a hospital for inpatient care.
(7) "Residence" means the dwelling that the patient considers to be the home of the patient, but does not include any rehabilitative facility, hospital, nursing home, assisted living facility, group home or any other healthcare facility licensed by the department of health and environment.
(c) (1) A hospital shall provide each patient, or the patient's legal guardian, with an opportunity to designate a caregiver following the patient's admission into the hospital and prior to the discharge of the patient.
(2) Prior to discharge, a patient may elect to change the patient's designated caregiver in the event that the original designated caregiver becomes unavailable, unwilling or unable to care for the patient.
(3) Nothing in this section shall be construed to require an individual that has been designated as a caregiver by a patient to accept the role of caregiver.
(4) Nothing in this section shall be construed to require a patient to designate a caregiver.
(5) A hospital shall be deemed to have complied in full with the requirements of this subsection if the patient or the patient's legal guardian:
(A) Declines to designate a caregiver when given the opportunity; or
(B) objects to the disclosure of medical information to the caregiver regarding the patient.
(d) (1) If a patient has designated a caregiver, the hospital shall notify the designated caregiver concerning the discharge or transfer of the patient to another licensed facility as soon as practicable prior to discharge or transfer.
(2) In the event that the hospital is unable to contact the designated caregiver, such lack of contact shall not interfere with, delay or otherwise affect the medical care or appropriate discharge provided to the patient, consultation with the caregiver or discharge instructions.
(3) As soon as practicable prior to the discharge of the patient, the hospital shall attempt to consult with the designated caregiver to prepare the caregiver to provide aftercare for the patient. The hospital shall provide the designated caregiver and the patient an opportunity to ask questions during the consultation.
(4) At or before discharge, the hospital shall:
(A) Provide the caregiver with any discharge instructions for the patient, including any aftercare needs of the patient; and
(B) educate the caregiver concerning the aftercare of the patient in a manner that is consistent with current accepted practices, based on the learning needs of the caregiver and that allows the caregiver the opportunity to ask questions about any aftercare tasks.
(5) In the event that the hospital is unable to contact the designated caregiver, such lack of contact shall not interfere with, delay or otherwise affect an appropriate discharge of the patient.
(e) This section shall not be construed to:
(1) Confer upon a caregiver any authority to make healthcare decisions on behalf of a patient;
(2) create a private right of action against a hospital, hospital employee or duly authorized agent of the hospital for any acts or omissions pursuant to this section, including any acts or omissions by a caregiver;
(3) remove the obligation of a third-party payer to cover a healthcare item or service that the third-party payer is obligated to provide to a patient under the terms of a valid agreement, insurance policy, plan, certification of coverage or health maintenance organization contract; or
(4) provide grounds for any adverse licensure action or other disciplinary action against any hospital by the department of health and environment, against any licensee of the state board of healing arts or against any licensee of the board of nursing.
History: L. 2017, ch. 10, § 1; July 1, 2018.
§ 65-432 Time for compliance with rules, regulations and standards
Any medical care facility which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this act shall be given a reasonable time, under the particular circumstances not to exceed two years from the date of such promulgation, within which to comply with such rules and regulations and minimum standards.
History: L. 1947, ch. 329, § 8; L. 1973, ch. 248, § 6; July 1.
§ 65-433 Inspections and investigations; rules and regulations; consultations
The licensing agency shall make or cause to be made such inspections and investigations as deemed necessary. The authorized agents and representatives of the licensing agency shall conduct inspections of each medical care facility not accredited by the joint commission on accreditation of health care organizations or the American osteopathic association at such intervals as the secretary determines necessary to protect the public health and safety and to carry out the risk management provisions of K.S.A. 65-4921 et seq., and amendments thereto. The licensing agency may prescribe by rules and regulations that any licensee or applicant desiring to make specified types of alteration or additions to its facilities or to construct new facilities shall before commencing such alteration, addition or new construction, submit plans and specifications therefor to the licensing agency for preliminary inspection and approval or recommendations with respect to compliance with the rules and regulations and standards herein authorized. Necessary conferences and consultations may be provided.
History: L. 1947, ch. 329, § 9; L. 1996, ch. 91, § 3; July 1.
§ 65-434 Repealed
History: L. 1947, ch. 329, § 10; L. 1965, ch. 372, § 1; L. 1973, ch. 248, § 7; L. 1974, ch. 348, § 25; L. 1974, ch. 352, § 84; L. 1975, ch. 416, § 5; Repealed, L. 1976, ch. 266, § 4; July 1.
§ 65-435 Repealed
History: L. 1947, ch. 329, § 11; Repealed, L. 1976, ch. 266, § 4; July 1.
§ 65-435a Development of contents of annual report and inspection form; rules and regulations
The contents of the annual report under K.S.A. 65-429, and amendments thereto, and the contents of an inspection form for purposes of inspections under K.S.A. 65-433, and amendments thereto, shall be developed by the licensing agency in consultation with the Kansas hospital association. The licensing agency may specify the contents of the annual report and the contents of the inspection form by rules and regulations. Nothing in this section shall require the licensing agency to adopt the annual report or the inspection form by rules and regulations.
History: L. 1994, ch. 284, § 2; L. 2008, ch. 110, § 4; L. 2012, ch. 102, § 23; July 1.
§ 65-436 Information confidential; exceptions
(a) Except as provided in subsection (b), information received by the licensing agency through filed reports, inspections or as otherwise authorized under this act, shall not be disclosed publicly in such manner as to identify individuals.
(b) Notwithstanding the provisions of subsection (a) to the contrary, the following information may be disclosed publicly in such a manner as to identify individuals or medical care facilities: Information received by the licensing agency through filed reports, inspections or as otherwise authorized under this act, in a proceeding involving the question of licensure.
History: L. 1947, ch. 329, § 12; L. 1973, ch. 248, § 8; L. 1979, ch. 191, § 15; L. 1985, ch. 208, § 5; L. 1987, ch. 232, § 1; L. 1994, ch. 284, § 1; May 5.
§ 65-437 Annual report of licensing agency
The licensing agency shall prepare and publish an annual report of its activities and operations under this law.
History: L. 1947, ch. 329, § 13; June 30.
§ 65-438 Appeal from decision of licensing agency
Any applicant or licensee aggrieved by the decision of the licensing agency may appeal the decision in accordance with the provisions of the Kansas judicial review act.
History: L. 1947, ch. 329, § 14; L. 1973, ch. 248, § 9; L. 1976, ch. 266, § 3; L. 1984, ch. 313, § 91; L. 2010, ch. 17, § 119; July 1.
§ 65-439 Penalties
Any person establishing, conducting, managing, or operating any medical care facility without a license under this law shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars for the first offense and not more than fifty dollars for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense.
History: L. 1947, ch. 329, § 15; L. 1973, ch. 248, § 10; July 1.
§ 65-440 Injunction
Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law, upon the advice of the attorney general who shall represent the licensing agency in the proceedings maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a medical care facility without a license under this law. Such proceedings shall be governed by the provisions of the Kansas judicial review act.
History: L. 1947, ch. 329, § 16; L. 1973, ch. 248, § 11; L. 1984, ch. 313, § 92; L. 2010, ch. 17, § 120; July 1.
§ 65-441 Invalidity of part
If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are declared to be severable.
History: L. 1947, ch. 329, § 17; June 30.
§ 65-441a Repealed
History: L. 2003, ch. 1, § 1; Repealed, L. 2004, ch. 109, § 2; July 1.
§ 65-442 Limited liability for medical care facilities and certain duly appointed officials thereof; good faith requirement
(a) There shall be no liability on the part of, and no action for damages shall arise against, any duly appointed member of the governing board or the duly appointed member of a committee of the medical staff of a licensed medical care facility for any act, statement or proceeding undertaken or performed within the scope of the functions and within the course of the performance of the duties of such committee of the medical staff if such member acted in good faith and without malice, and the medical staff operates pursuant to written bylaws that have been approved by the governing board of the medical care facility.
(b) There shall be no liability on the part of and no action for damages shall arise against any licensed medical care facility because of the rendering of or failure to render professional services within such medical care facility by a person licensed to practice medicine and surgery if such person is not an employee or agent of such medical care facility.
History: L. 1967, ch. 344, § 1; L. 1971, ch. 205, § 1; L. 1973, ch. 248, § 12; L. 1976, ch. 267, § 1; July 1.
§ 65-442a Same; act inapplicable to adult care home licensed under chapter 39
Nothing in this act [*] shall be construed to apply to any adult care home licensed under the provisions of article 9 of chapter 39 of the Kansas Statutes Annotated, or acts amendatory thereof.
History: L. 1973, ch. 248, § 13; July 1.
§ 65-443 Termination of human pregnancy; performance, referral for, or participation in medical procedures not required; prescription or administration of any device or drug not required
No person shall be required to perform, refer for, or participate in medical procedures or in the prescription or administration of any device or drug which result in the termination of a pregnancy or an effect of which the person reasonably believes may result in the termination of a pregnancy, and the refusal of any person to perform, refer for, or participate in those medical procedures, prescription or administration shall not be a basis for civil liability to any person. No medical care facility, medical care facility administrator or governing board of any medical care facility shall terminate the employment of, prevent or impair the practice or occupation of or impose any other sanction on any person because of such person's exercise of rights protected by this section.
History: L. 1969, ch. 182, § 1; L. 1975, ch. 313, § 1; L. 2012, ch. 112, § 1; July 1.
§ 65-444 Same; medical care facility refusal to permit; establishment of criteria and procedures
No medical care facility, medical care facility administrator or governing board of any medical care facility shall be required to permit the performance, referral for, or participation in medical procedures or in the prescription or administration of any device or drug which result in the termination of human pregnancies of an effect of which the medical care facility, administrator or board reasonably believes may result in the termination of human pregnancies within its facility and the refusal to permit such procedures, prescription or administration shall not be grounds for civil liability to any person. A medical care facility may establish criteria and procedures under which pregnancies may be terminated within its institution, in addition to those which may be prescribed by licensing, regulating or accrediting agencies.
History: L. 1969, ch. 182, § 2; L. 2011, ch. 30, § 233; L. 2012, ch. 112, § 2; July 1.
§ 65-445 Termination of human pregnancy; records; biannual reports; information to be reported; confidentiality of information, exceptions; criminal penalties for violations
(a) Every medical care facility shall keep written records of all pregnancies that are lawfully terminated within such medical care facility and shall submit a written report thereon biannually to the secretary of health and environment in the manner and form prescribed by the secretary. Every person licensed to practice medicine and surgery shall keep a record of all pregnancies that are lawfully terminated by such person in a location other than a medical care facility and shall submit a written report thereon biannually to the secretary of health and environment in the manner and form prescribed by the secretary.
(b) Each report required by this section shall include the number of pregnancies terminated during the period of time covered by the report, the type of medical facility where the pregnancy was terminated, information required to be reported under K.S.A. 65-6703(b) and (c), 65-6705(j), 65-6721(c) and 65-6724, and amendments thereto, if applicable to the pregnancy terminated, information required to be reported under K.S.A. 2025 Supp. 65-6758, and amendments thereto, and such other information as may be required by the secretary of health and environment. The report shall not include the names of the persons whose pregnancies were so terminated or upon whom an attempted abortion was performed. Each report required by K.S.A. 65-6703(b) and (c), 65-6705(j) and 65-6721(c), and amendments thereto, shall specify the medical diagnosis and condition constituting a substantial and irreversible impairment of a major bodily function or the medical diagnosis and condition that necessitated performance of an abortion to preserve the life of the patient. Each report required by K.S.A. 65-6703, and amendments thereto, shall include a sworn statement by the physician performing the abortion and the referring physician that such physicians are not legally or financially affiliated.
(c) Except in the case of a medical emergency, as defined in K.S.A. 65-6701, and amendments thereto, each patient shall be asked, prior to the termination of such patient's pregnancy, which of the following reasons was the most important factor in such patient's decision to seek an abortion:
(1) Having a baby would interfere with the patient's education, employment or career;
(2) the patient cannot provide for the child;
(3) the patient already has enough, or too many, children;
(4) the patient's husband or partner is abusive to such patient or such patient's children;
(5) the patient's husband or partner wants such patient to have an abortion;
(6) the patient does not have enough support from family or others to raise a child;
(7) the pregnancy is the result of rape;
(8) the pregnancy is the result of incest;
(9) the pregnancy threatens the patient's physical health;
(10) the pregnancy threatens the patient's mental or emotional health; or
(11) the child would have a disability.
If the patient declines to answer, such response shall be recorded.
(d) Each report required by this section shall include, for the period of time covered by the report:
(1) The number of times each of the reasons listed in subsection (c) was described as the most important; and
(2) the number of times a patient seeking an abortion was asked about the reasons listed in subsection (c) and declined to answer.
(e) Each report required by this section shall include:
(1) The patient's age in years on the patient's last birthday;
(2) the patient's marital status at the time of the abortion;
(3) the state or United States territory of residence of the patient or, if the patient is not a resident of the United States, the patient's country of residence;
(4) the patient's race and, if applicable, the hispanic origin of the patient;
(5) the highest level of education completed by the patient;
(6) whether, in the 30 days prior to the abortion, the patient received services, financial assistance, excluding financial assistance in obtaining an abortion, or other assistance from a nonprofit organization that supports pregnant women;
(7) whether the patient reported having experienced domestic violence in the 12 months prior to the abortion;
(8) whether the patient is living in a place that the patient considers to be safe, stable and affordable;
(9) whether a report of physical, mental or emotional abuse or neglect was made pursuant to K.S.A. 38-2223, and amendments thereto, where the patient was the victim of such physical, mental or emotional abuse or neglect; and
(10) the method by which the abortion was performed on the patient.
(f) Information obtained by the secretary of health and environment under this section shall be confidential and shall not be disclosed in a manner that would reveal the identity of any person licensed to practice medicine and surgery who submits a report to the secretary under this section or the identity of any medical care facility that submits a report to the secretary under this section, except that such information, including information identifying such persons and facilities may be disclosed to the state board of healing arts upon request of the board for disciplinary action conducted by the board and may be disclosed to the attorney general or any district or county attorney in this state upon a showing that a reasonable cause exists to believe that a violation of this act has occurred. Any information disclosed to the state board of healing arts, the attorney general or any district or county attorney pursuant to this subsection shall be used solely for the purposes of a disciplinary action or criminal proceeding. Except as otherwise provided in this subsection, information obtained by the secretary under this section may be used only for statistical purposes and such information shall not be released in a manner that would identify any county or other area of this state in which the termination of the pregnancy occurred. A violation of this subsection (f) is a class A nonperson misdemeanor. The provisions of this subsection shall expire on July 1, 2029, unless the legislature reviews and reenacts such provisions in accordance with K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(g) In addition to such criminal penalty under subsection (f), any person licensed to practice medicine and surgery or medical care facility whose identity is revealed in violation of this section may bring a civil action against the responsible person or persons for any damages to the person licensed to practice medicine and surgery or medical care facility caused by such violation.
(h) For the purpose of maintaining confidentiality as provided by subsections (f) and (g), reports required by this section shall identify the person or facility submitting such reports only by confidential code number assigned by the secretary of health and environment to such person or facility and the department of health and environment shall maintain such reports only by such number.
(i) The biannual public report on abortions performed in Kansas issued by the secretary of health and environment shall contain the information required to be reported by this section to the extent such information is not deemed confidential pursuant to this section. Such biannual report shall be issued not later than 30 days after the end of the reporting period for the information contained in such report. The secretary of health and environment shall adopt rules and regulations to implement this section. Such rules and regulations shall prescribe, in detail, the information required to be kept by the physicians and hospitals and the information required in the reports that must be submitted to the secretary.
(j) The Kansas department for children and families shall prepare and publish an annual report on the number of reports of child sexual abuse received by the department from abortion providers. Such report shall be categorized by the age of the victim and the month the report was submitted to the department. The name of the victim and any other identifying information shall be kept confidential by the department and shall not be released as part of the public report.
(k) The provisions of this section are declared severable. If any provision, phrase or clause or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the remaining provisions, phrases or clauses or the application thereof to any person or circumstance.
History: L. 1969, ch. 182, § 3; L. 1975, ch. 462, § 72; L. 1995, ch. 260, § 2; L. 1998, ch. 142, § 17; L. 2011, ch. 44, § 2; L. 2011, ch. 91, § 27; L. 2014, ch. 115, § 247; L. 2023, ch. 85, § 10; L. 2024, ch. 89, § 1; July 1.
§ 65-446 Medical procedures resulting in sterilization of persons; performance, referral for, or participation in procedures not required
No person shall be required to perform, refer for or participate in medical procedures which result in sterilization of a person, and the refusal of any person to perform, refer for or participate in those medical procedures shall not be a basis for civil liability to any person. No medical care facility, medical care facility administrator or governing board of any medical care facility shall terminate the employment of, prevent or impair the practice or occupation of or impose any other sanction on any person because of such person's exercise of rights protected by this section.
History: L. 1971, ch. 206, § 1; L. 2012, ch. 112, § 3; July 1.
§ 65-447 Same; medical care facility refusal to permit; establishment of criteria and procedures authorized
No medical care facility, medical care facility administrator, or governing board of any medical care facility shall be required to permit the performance, referral for or participation in medical procedures resulting in sterilization within its facility and the refusal to permit such procedures shall not be grounds for civil liability to any person. A medical care facility may establish criteria and procedures under which sterilizations may be performed within its institution, in addition to those which may be prescribed by licensing, regulating or accrediting agencies.
History: L. 1971, ch. 206, § 2; L. 2012, ch. 112, § 4; July 1.
§ 65-448 Qualified persons at medical care facilities, child advocacy centers or other facilities to examine victims of sexual offenses, when; remedy for refusal; costs, storage and testing of sexual assault kits
(a) Upon the request of any law enforcement officer and with the written consent of the reported victim, or upon the request of the victim, any physician, a licensed physician assistant who has been specially trained in performing sexual assault evidence collection, or a registered professional nurse who has been specially trained in performing sexual assault evidence collection, if such physician, licensed physician assistant or registered nurse is on call or on duty at a:
(1) (A) Medical care facility of this state, as defined by K.S.A. 65-425(h), and amendments thereto, shall examine persons who may be victims of sexual assault; or
(B) child advocacy center of this state, as defined by K.S.A. 38-2227, and amendments thereto, or any other facility licensed or operated by a physician, physician assistant or registered nurse licensed pursuant to chapter 65 of the Kansas Statutes Annotated, and amendments thereto, may examine persons who may be victims of sexual assault.
(2) All examinations performed pursuant to paragraph (1), shall be conducted using Kansas bureau of investigation sexual assault evidence collection kits or similar kits approved by the Kansas bureau of investigation, for the purposes of gathering evidence of any such crime.
(b) If an examination takes place solely upon the request of the victim, the medical care facility, child advocacy center or other facility where the examination takes place shall not notify any law enforcement agency without the written consent of the victim, unless otherwise required by law.
(c) If the physician, licensed physician assistant or registered professional nurse refuses to perform an examination at a medical care facility pursuant to subsection (a)(1), the prosecuting attorney is hereby empowered to seek a mandatory injunction against such physician, licensed physician assistant or registered professional nurse to enforce the provisions of subsection (a)(1). Any refusal by a physician, licensed physician assistant or registered professional nurse to perform an examination which has been requested pursuant to subsection (a)(1) shall be reported by the county or district attorney to the state board of healing arts or the board of nursing, whichever is applicable, for appropriate disciplinary action.
(d) The Kansas bureau of investigation shall establish procedures for gathering evidence pursuant to this section.
(e) (1) The medical care facility, child advocacy center or other facility shall give written notice to the parent or guardian of a minor that such an examination has taken place, except when:
(A) The medical care facility, child advocacy center or other facility has information that a parent, guardian or family or household member is the subject of a related criminal investigation; or
(B) the physician, licensed physician assistant or registered professional nurse, after consultation with law enforcement, reasonably believes that the child will be harmed if such notice is given.
(2) A minor may consent to an examination under this section. Such consent is not subject to disaffirmance because of minority, and consent of a parent or guardian of the minor is not required for such examination.
(f) All unreported sexual assault kits shall be sealed by either the sexual assault nurse examiner program or the facility that provided the examination and sent to the Kansas bureau of investigation. The Kansas bureau of investigation shall retain all unreported sexual assault kits connected to a report of sexual assault in evidence storage for 20 years. After 20 years, such kits shall be destroyed by the Kansas bureau of investigation.
(g) Each sexual assault kit that is received by the Johnson county sheriff's office criminalistics laboratory, Sedgwick county regional forensic science center or the Kansas bureau of investigation shall be examined if the kit is required to be released to a law enforcement agency in connection with a report of sexual assault.
(h) The fee chargeable for conducting an examination of a victim as herein provided shall be established by the department of health and environment. Such fee, including the cost of the sexual assault evidence collection kit, shall be charged to and paid by the county where the alleged offense was committed, and refusal of the victim to report the alleged offense to law enforcement shall not excuse or exempt the county from paying such fee. The fee for conducting an examination of a victim pursuant to this section shall not be charged or billed to the victim or to the victim's insurance carrier. Such county shall be reimbursed such fee upon the costs being paid by the defendant as court costs assessed pursuant to K.S.A. 28-172a, and amendments thereto.
(i) No medical care facility, child advocacy center or other facility shall incur any civil, administrative or criminal liability as a result of notifying or failing to notify any law enforcement agency if an examination has taken place solely upon the request of the victim and such notification is not otherwise required by law.
(j) The Kansas bureau of investigation may adopt rules and regulations as deemed necessary to implement the provisions of this section.
(k) As used in this section:
(1) "Unreported sexual assault kit" means a sexual assault kit collected pursuant to subsection (b) that is not released to law enforcement; and
(2) "sexual assault" means a sexual offense cognizable as a violation of K.S.A. 21-5503, 21-5504, 21-5506 or 21-5604, and amendments thereto.
History: L. 1977, ch. 210, § 1; L. 1994, ch. 348, § 9; L. 1996, ch. 156, § 1; L. 2002, ch. 128, § 2; L. 2008, ch. 157, § 1; L. 2011, ch. 30, § 234; L. 2017, ch. 66, § 12; L. 2022, ch. 40, § 3; July 1.
§ 65-449 Divestiture of genetic sequencers and related software produced by foreign adversaries; required, when; reimbursement
(a) As used in this section:
(1) "DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes that may be analyzed to detect heritable diseases or conditions, including the identification of carriers, predicting risk of disease or establishing a clinical diagnosis.
(2) "Foreign adversary" means the people's republic of China, the Russian federation, the Islamic republic of Iran, the democratic people's republic of Korea, the republic of Cuba, the Venezuelan regime of Nicolas Maduro or the Syrian Arab republic, including any agent of or any other entity under significant control of such foreign adversary, or any other entity deemed to be a foreign adversary by the governor in consultation with the adjutant general.
(3) "Genetic sequencer" means any device or platform used to conduct genetic analysis, resequencing, isolation or other genetic research.
(4) "Human genome" means DNA or ribonucleic acid that is found in human cells.
(5) "Medical facility" means a facility for the delivery of health services that receives state moneys, including interagency pass-through appropriations from the federal government, and conducts research or testing on, with or relating to genetic analysis or the human genome.
(6) "Operational or research software" means computer programs used for the operation, control, analysis or other necessary functions of genetic analysis or genetic sequencers.
(7) "Research facility" means a facility that receives state moneys, including interagency pass-through appropriations from the federal government and conducts research on, with or relating to genetic analysis or the human genome.
(b) No medical facility or research facility in this state shall utilize genetic sequencers or operational or research software used for genetic analysis produced in or by a foreign adversary, a state-owned enterprise of a foreign adversary, a company domiciled within a foreign adversary or a company-owned or company-controlled subsidiary of a company domiciled within a foreign adversary for the purpose of conducting genetic analysis.
(c) All genetic sequencers and operational and research software used for genetic sequencers or genetic analysis devices prohibited under subsection (b) that is not permanently disabled shall be removed and replaced with genetic sequencers and operational and research software used for genetic sequencers or genetic analysis that is not prohibited under subsection (b).
(d) Subject to appropriations, a medical facility or research facility in this state may request a reimbursement from the state treasurer up to the cost of replacement of the equipment and software prohibited under subsection (b) from the state treasurer, provided the request includes purchase orders and is submitted prior to October 1, 2025.
(e) The provisions of this section are severable. If any provision of this section is declared unconstitutional or invalid, or the application of any portion of the act to any person or circumstance is held unconstitutional or invalid, the invalidity shall not affect other portions of the act that can be given effect without the invalid portion or application, and the applicability of such other portions of the act to any person or circumstance shall remain valid and enforceable.
History: L. 2025, ch. 84, § 2; July 1.
§ 65-450 Hospital defined
As used in this act, the term "hospital" means a general hospital or a special hospital licensed under K.S.A. 65-425 to 65-441, inclusive, and amendments thereto.
History: L. 1985, ch. 204, § 1; July 1.
§ 65-451 Construction or modification of certain hospitals prohibited until July 1, 1986
The following construction or modifications shall not be commenced prior to July 1, 1986:
(a) Any erections, building, alteration, reconstruction, modernization, improvement, extension, lease or other acquisition by or on behalf of a hospital that increases the licensed bed capacity of a hospital or relocates hospital beds from one physical facility or site to another; or
(b) the establishment of a new hospital.
History: L. 1985, ch. 204, § 2; July 1.
§ 65-452 Same; exceptions
This act shall not apply to the following:
(a) The total relocation of a hospital's licensed beds from one physical facility or site within the community to another physical facility or site within the same community if the relocating hospital is the only hospital in the community;
(b) consolidation of two or more hospitals located within the same community, if the maximum licensed bed capacity after consolidation is set at a level which would accommodate a 70% rate of occupancy based on the aggregate average daily census of the consolidating hospitals during the previous fiscal year of each hospital;
(c) the relocation or redistribution of hospital beds within a hospital building or identifiable complex of buildings on the same site if the relocation or redistribution does not result in an increase in the overall licensed bed capacity at that site;
(d) a project for which a hospital holds a valid certificate of need under K.S.A. 65-4801 et seq., and amendments thereto, and which project is not yet completed; or
(e) a hospital which is owned or operated by the federal or state government.
History: L. 1985, ch. 204, § 3; July 1.
§ 65-453 Same; emergency waiver, when; secretary of health and environment
The secretary of health and environment upon application of a hospital may grant an emergency waiver from the provisions of this act if the need for the hospital project is a result of fire, tornado, flood, storm damage or other similar disaster, if adequate health care facilities are not available for the people who previously used the applicant hospital's facility and if the request for an emergency waiver is limited in nature and scope only to those repairs necessitated by the natural disaster.
History: L. 1985, ch. 204, § 4; July 1.
§ 65-454 Same; action to enjoin violation
The secretary of health and environment or a hospital may bring an action to enjoin any alleged violation of this act.
History: L. 1985, ch. 204, § 5; July 1.
§§ 65-455 through 65-460 Reserved
§§ 65-461 through 65-467 Repealed
History: L. 1985, ch. 202, §§ 1 to 7; Repealed, L. 1997, ch. 22, § 1; July 1.
§ 65-468 Rural health networks; definitions; temporary suspension of limitations related to the COVID-19 public health emergency
As used in K.S.A. 65-468 through
65-474, and amendments thereto:
(a) "Healthcare provider" means any person licensed or otherwise authorized by law to provide health care services in this state or a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by law to form such corporation and who are health care providers as defined by this subsection, or an officer, employee or agent thereof, acting in the course and scope of employment or agency.
(b) "Member" means any hospital, emergency medical service, local health department, home health agency, adult care home, medical clinic, mental health center or clinic or nonemergency transportation system.
(c) "Mid-level practitioner" means a physician assistant or advanced practice registered nurse who has entered into a written protocol with a rural health network physician.
(d) "Physician" means a person licensed to practice medicine and surgery.
(e) "Rural health network" means an alliance of members, including at least one critical access hospital and at least one other hospital, that has developed a comprehensive plan submitted to and approved by the secretary of health and environment regarding: Patient referral and transfer; the provision of emergency and nonemergency transportation among members; the development of a network-wide emergency services plan; and the development of a plan for sharing patient information and services between hospital members concerning medical staff credentialing, risk management, quality assurance and peer review.
(f) (1) "Critical access hospital" means a member of a rural health network that: Makes available 24-hour emergency care services; provides not more than 25 acute care inpatient beds or in the case of a facility with an approved swing-bed agreement a combined total of extended care and acute care beds that does not exceed 25 beds; provides acute inpatient care for a period that does not exceed, on an annual average basis, 96 hours per patient; and provides nursing services under the direction of a licensed professional nurse and continuous licensed professional nursing services for not less than 24 hours of every day when any bed is occupied or the facility is open to provide services for patients unless an exemption is granted by the licensing agency pursuant to rules and regulations. The critical access hospital may provide any services otherwise required to be provided by a full-time, on-site dietician, pharmacist, laboratory technician, medical technologist and radiological technologist on a part-time, off-site basis under written agreements or arrangements with one or more providers or suppliers recognized under medicare. The critical access hospital may provide inpatient services by a physician assistant, advanced practice registered nurse or a clinical nurse specialist subject to the oversight of a physician who need not be present in the facility. In addition to the facility's 25 acute beds or swing beds, or both, the critical access hospital may have a psychiatric unit or a rehabilitation unit, or both. Each unit shall not exceed 10 beds and neither unit shall count toward the 25-bed limit or be subject to the average 96-hour length of stay restriction.
(2) Notwithstanding the provisions of paragraph (1), prior to March 31, 2022, to the extent that a critical access hospital determines it is necessary to treat COVID-19 patients or to separate COVID-19 patients and non-COVID-19 patients, such critical access hospital shall not be limited to 25 beds or, in the case of a facility with an approved swing bed agreement, to a combined total of 25 extended care and acute care beds, and shall not be limited to providing acute inpatient care for a period of time that does not exceed, on an annual average basis, 96 hours per patient.
(g) "Hospital" means a hospital other than a critical access hospital that has entered into a written agreement with at least one critical access hospital to form a rural health network and to provide medical or administrative supporting services within the limit of the hospital's capabilities.
History: L. 1992, ch. 158, § 1; L. 1998, ch. 53, § 2; L. 2002, ch. 203, § 3; L. 2004, ch. 87, § 1; L. 2004, ch. 180, § 8; L. 2011, ch. 114, § 54; L. 2020, ch. 1, § 39 (Special Session); L. 2021, ch. 14, § 7; April 1.
§ 65-469 Same; state policy to encourage rural health networks
The legislature of the state of Kansas recognizes the importance and necessity of providing and regulating the system whereby health care services are integrated to protect the public's general health, safety and welfare. It is the policy of the state of Kansas to encourage development of and participation in rural health networks. Implementation of a rural health network under the provisions of this act and amendments thereto effectuate these policies.
History: L. 1992, ch. 158, § 2; April 30.
§ 65-470 Same; participation in or affiliation with a rural health network; contracts
Any hospital is authorized to seek licensure as a critical access hospital and to accept and secure any benefits of federal aid. A critical access hospital shall participate in or affiliate with a rural health network and may execute contracts, upon such conditions and terms as is deemed appropriate by the governing body, for the integration of health services or to further any portion of a comprehensive plan for a rural health network.
History: L. 1992, ch. 158, § 3; L. 1998, ch. 53, § 3; July 1.
§ 65-471 Same; agreements for services; employment of health care providers and other persons; compensation for services performed by health care provider
(a) Upon such conditions and terms as is deemed appropriate by the governing body of any member of a rural health network, a member of a rural health network or the rural health network may enter into agreements with any other person or entity to perform any service, including but not limited to services for provision of primary risk management and peer review services.
(b) Any critical access hospital or rural health network may employ any health care provider to provide patient care or other services and may employ such other persons as necessary to carry out the function of the rural health network. The contract may allow for the health care provider or a member of the rural health network to seek direct compensation from the patient, the patient's representative or a third party payor for the services performed by the health care provider.
History: L. 1992, ch. 158, § 4; L. 1998, ch. 53, § 4; July 1.
§ 65-472 Same; forming a rural health network and contracting for services not subject to antitrust laws
In addition to the provisions of K.S.A. 65-4909, and amendments thereto, members of a rural health network, officers, agents, representatives, employees, and directors thereof, in forming an integrated network and in contracting for services shall be considered to be acting pursuant to clearly expressed state policy as established in this act under the supervision of the state and shall not be subject to state or federal antitrust laws while so acting.
History: L. 1992, ch. 158, § 5; April 30.
§ 65-473 Same; rules and regulations; minimum standards for rural health networks
The secretary of health and environment may adopt rules and regulations setting minimum standards for the establishment and operation of rural health networks, including the licensure of critical access hospitals.
History: L. 1992, ch. 158, § 6; L. 1998, ch. 53, § 5; July 1.
§ 65-474 Same; insurance and other coverage to provide benefits for services performed by a critical access hospital
Each individual and group policy of accident and sickness insurance, each contract issued by health maintenance organizations and all coverage maintained by an entity authorized under K.S.A. 40-2222 and amendments thereto or by a municipal group funded pool authorized under K.S.A. 12-2618 and amendments thereto shall provide benefits for services when performed by a critical access hospital if such services would be covered under such policies or contracts if performed by a general hospital.
History: L. 1992, ch. 158, § 7; L. 1998, ch. 53, § 6; July 1.
§ 65-475 No patent left alone act; prohibited conduct of patient care facility; visitation policies; immunity from liability in certain circumstances
(a) This section shall be known and may be cited as the no patient left alone act.
(b) As used in this section:
(1) "Essential caregiver" means an individual designated by the patient who meets an essential need of the patient by assisting with the tasks of daily living or providing important emotional, social or psychological support;
(2) "immediate family member" means father, mother, stepparent, child, grandchild, stepchild, sibling, spouse or grandparent of the patient;
(3) "patient" means an individual who is receiving care at a patient care facility; and
(4) "patient care facility" includes any adult care home as defined in K.S.A. 39-923, and amendments thereto, and any medical care facility as defined in K.S.A. 65-425, and amendments thereto, except that "patient care facility" includes a hospice that is certified to participate in the medicare program under 42 C.F.R. § 418.1 et seq., and that provides services only to hospice patients.
(c) When providing end-of-life care, a patient care facility shall not:
(1) Take action to prevent a patient from receiving in-person visitation from any person designated by the patient, if the patient has the capacity to make such designation, or any person designated by the patient's agent for healthcare decisions established by a durable power of attorney for healthcare decisions pursuant to K.S.A 58-625 et seq., and amendments thereto, if the patient does not have such capacity. Such visitor may include, but shall not be limited to:
(A) An immediate family member, domestic partner or significant other;
(B) the agent for healthcare decisions established by a durable power of attorney for healthcare decisions pursuant to K.S.A. 58-625 et seq., and amendments thereto;
(C) an essential caregiver; or
(D) a minister, priest, rabbi or clergyperson of any religious denomination or sect to which the patient is an adherent; or
(2) prohibit a patient from receiving in-person visitation from one or more individuals at a time.
(d) A patient may refuse in-person visitation or revoke previously granted in-person visitation from any person at any time.
(e) Prior to September 1, 2024, each patient care facility may establish visitation policies and procedures, including, but not limited to:
(1) Infection control protocols and education for visitors;
(2) a set schedule of dates and times when visitation is allowed;
(3) allowable visit length; and
(4) limits on number of visitors.
(f) Visitation policies and procedures adopted under this section shall:
(1) Allow in-person visitation, unless the patient objects, when the patient is:
(A) Receiving end-of-life care;
(B) making one or more major medical decisions;
(C) experiencing emotional distress or grieving the recent loss of a friend or family member;
(D) experiencing functional, cognitive or nutritional decline;
(E) struggling with the change in environment at the patient care facility after having previously lived with such patient's immediate family member;
(F) admitted to a patient care facility for childbirth, including care related to a miscarriage or stillbirth; or
(G) under 18 years of age;
(2) be provided to the patient care facility's licensing agency at the time of initial licensure or renewal or any time upon request; and
(3) be easily accessible from the homepage of the patient care facility's website.
(g) Visitation policies and procedures adopted under this section shall not contain more stringent infection control protocols for visitors than for employees of the patient care facility who are providing direct care to patients.
(h) A patient care facility may:
(1) Adopt visitation policies and procedures that are more stringent for intensive or critical care units;
(2) modify visitation based on a patient's condition or need for rest;
(3) require a visitor to agree in writing to follow the facility's policies and procedures;
(4) temporarily suspend a visitor's in-person visitation if such visitor violates the facility's policies and procedures;
(5) revoke a visitor's in-person visitation if such visitor repeatedly violates the facility's policies and procedures or displays any violent or aggressive behavior; and
(6) notwithstanding subsection (g), require a visitor to adhere to infection control procedures, including wearing personal protective equipment.
(i) The department of health and environment shall publish on its website:
(1) An explanation of this section's visitation requirements; and
(2) a link for individuals to report complaints alleging violations of this section by a patient care facility.
(j) A patient care facility shall be immune from civil liability for damages for acts taken in compliance with this section unless such act constitutes gross negligence or willful, wanton or reckless conduct.
(k) Nothing in this section shall be construed to:
(1) Supersede any federal laws, rules or regulations regarding patient care facilities; or
(2) prohibit a patient care facility from taking actions, including those based on guidance from the centers for medicare and medicaid services, necessary to ensure that such patient care facility remains eligible for federal financial participation, federal funds or participation in federal programs and for reimbursement for services provided in such patient care facility.
History: L. 2024, ch. 108, § 2; July 1.
§§ 65-476 through 65-480 Reserved
§ 65-481 Rural emergency hospital act; citation of act
K.S.A. 2025 Supp. 65-481 through 65-488, and amendments thereto, shall be known and may be cited as the rural emergency hospital act.
History: L. 2021, ch. 88, § 1; May 6.
§ 65-482 Purpose of act
The legislature of the state of Kansas recognizes the importance and necessity of providing and regulating the system by which healthcare services are structured and integrated to promote the availability of and access to necessary and appropriate healthcare to protect the general health, safety and welfare of the rural residents of Kansas. The legislature of the state of Kansas seeks to: Improve the health of the rural population of Kansas; preserve access to healthcare; encourage collaboration among rural healthcare providers; promote delivery of quality rural healthcare; promote efficiency and efficacy of rural healthcare; embrace technology in the delivery of rural healthcare; and promote adequate and fair reimbursement for rural healthcare services. To this end, it is the policy of the state of Kansas to create a category of licensure to enable certain Kansas hospitals to receive federal healthcare reimbursement as rural emergency hospitals, and the implementation of this act facilitates such policy.
History: L. 2021, ch. 88, § 2; May 6.
§ 65-483 Definitions
As used in the rural emergency hospital act:
(a) "Act" means the rural emergency hospital act.
(b) "Rural emergency hospital" means an establishment that:
(1) Meets the eligibility requirements described in K.S.A. 2025 Supp. 65-484, and amendments thereto;
(2) provides rural emergency hospital services;
(3) provides rural emergency hospital services in the facility 24 hours per day by maintaining an emergency department that is staffed 24 hours per day, 7 days per week, with a physician, nurse practitioner, clinical nurse specialist or physician assistant;
(4) has a transfer agreement in effect with a level I or level II trauma center; and
(5) meets such other requirements as the department of health and environment finds necessary in the interest of the health and safety of individuals who are provided rural emergency hospital services and to implement state licensure that satisfies requirements for reimbursement by federal healthcare programs as a rural emergency hospital.
(c) "Rural emergency hospital services" means the following services, provided by a rural emergency hospital, that do not require in excess of an annual per-patient average of 24 hours in such rural emergency hospital:
(1) Emergency department services and observation care; and
(2) at the election of the rural emergency hospital, for services provided on an outpatient basis, other medical and health services as specified in regulations adopted by the United States secretary of health and human services and authorized by the department of health and environment.
(d) "Secretary" means the secretary of health and environment.
History: L. 2021, ch. 88, § 3; May 6.
§ 65-484 Eligibility for rural emergency hospital licensure; application; prohibition of inpatient beds
(a) A facility shall be eligible to apply for a rural emergency hospital license if such facility, as of December 27, 2020, was a:
(1) Licensed critical access hospital;
(2) general hospital with not more than 50 licensed beds located in a county in a rural area as defined in section 1886(d)(2)(D) of the federal social security act; or
(3) general hospital with not more than 50 licensed beds that is deemed as being located in a rural area pursuant to section 1886(d)(8)(E) of the federal social security act.
(b) A facility applying for licensure as a rural emergency hospital shall include with the licensure application:
(1) An action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the facility will retain, modify, add and discontinue;
(2) a description of services that the facility intends to provide on an outpatient basis; and
(3) such other information as required by rules and regulations adopted by the department of health and environment.
(c) A rural emergency hospital shall not have inpatient beds, except that such hospital may have a unit that is a distinct part of such hospital and that is licensed as a skilled nursing facility to provide post-hospital extended care services.
(d) A rural emergency hospital may own and operate an entity that provides ambulance services.
(e) A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital. Such original license shall remain inactive while the rural emergency hospital license is in effect.
History: L. 2021, ch. 88, § 4; May 6.
§ 65-485 Authorization to contract for federal reimbursement
All rural emergency hospitals, including city, county, hospital district or other governmental or quasi-governmental hospitals, shall be authorized to enter into any contracts required to be eligible for federal reimbursement as a rural emergency hospital.
History: L. 2021, ch. 88, § 5; May 6.
§ 65-486 Rural emergency hospital activities considered pursuant to clearly expressed state policy; exemption from antitrust laws
In addition to the provisions of K.S.A. 65-4909, and amendments thereto, entities engaging in activities and entering into contracts required to meet the requirements for licensure and reimbursement as a rural emergency hospital, and officers, agents, representatives, employees and directors thereof, shall be considered to be acting pursuant to clearly expressed state policy as established in this act under the supervision of the state. Such entities shall not be subject to state or federal antitrust laws while acting in such manner.
History: L. 2021, ch. 88, § 6; May 6.
§ 65-487 Rules and regulations
The secretary shall adopt rules and regulations establishing minimum standards for the establishment and operation of rural emergency hospitals in accordance with this act, including licensure of rural emergency hospitals.
History: L. 2021, ch. 88, § 7; May 6.
§ 65-488 Insurance coverage parity for services performance by a rural emergency hospital
Each individual and group policy of accident and sickness insurance, each contract issued by a health maintenance organization and all coverage maintained by an entity authorized under K.S.A. 40-2222, and amendments thereto, or by a municipal group-funded pool authorized under K.S.A. 12-2618, and amendments thereto, shall provide benefits for services when performed by a rural emergency hospital if such services would be covered under such policies, contracts or coverage if performed by a general hospital.
History: L. 2021, ch. 88, § 8; May 6.
§ 65-489 Rural emergency hospital adjustment act; ratification; certification of passage of act
When the rural emergency hospital adjustment act, S. 3394, 118th Cong. (2023) or H.R. 7759, 118th Cong. (2024) is passed into law, the attorney general shall certify such bill's passage to the secretary of state. Upon receipt of such certification, the secretary of state shall publish such certification in the Kansas register.
History: L. 2024, ch. 108, § 4; July 1.
§ 65-490 Rural emergency hospitals; granting of physical environment waivers; conditions; transition to skilled nursing facility beds
(a) The secretary for aging and disability services shall, upon application of a rural emergency hospital, grant a physical environment waiver for existing nursing facilities to such rural emergency hospital to transition not more than 10 swing beds to skilled nursing facility beds, if such rural emergency hospital:
(1) Is currently licensed as a rural emergency hospital pursuant to the rural emergency hospital act;
(2) was licensed as a hospital immediately prior to the rural emergency hospital's licensure as a rural emergency hospital; and
(3) during such rural emergency hospital's licensure as a hospital, such rural emergency hospital provided skilled nursing facility services or critical access hospital swing bed services to patients for at least 12 months without a finding of immediate jeopardy.
(b) As used in this section:
(1) "Critical access hospital" means the same as defined in K.S.A. 65-468, and amendments thereto.
(2) "Hospital" means the same as defined in K.S.A. 65-425, and amendments thereto.
(c) This section shall be a part of and supplemental to the rural emergency hospital act.
History: L. 2025, ch. 90, § 1; July 1.
§ 65-491 Rural hospital innovation grant program; establishment; eligibility; use of grant proceeds; funding; administration by secretary of health and environment; expiration of program
(a) As used in this section:
(1) "Eligible county" means a county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee or Wyandotte county.
(2) "Hospital" means the same as defined in K.S.A. 65-425, and amendments thereto.
(3) "Transitional assistance" means any assistance related to changing a hospital's current healthcare delivery model to a model more appropriate for the community that the hospital serves, including, but not limited to: Conducting a market study of healthcare services needed and provided in the community; acquiring and implementing new technological tools and infrastructure, including, but not limited to, telemedicine delivery methods; and acquiring the services of appropriate personnel, including, but not limited to, additional medical residents or individuals trained to be needed healthcare professionals.
(b) (1) There is established the rural hospital innovation grant program to be administered by the secretary of health and environment. The program, and any grant awarded thereunder, shall be for the purpose of strengthening and improving the healthcare system and increasing access to healthcare services in eligible counties to help communities in such counties achieve and maintain optimal health by providing transitional assistance to hospitals in such counties. The secretary may award a rural hospital innovation grant to a county that applies in accordance with this section.
(2) The secretary of health and environment may award a grant under this section only if the amount of state moneys to be awarded in the grant has been matched by private stakeholders, including hospital foundations or other organizations, contributing to the secretary for the program, on a basis of $2 of private stakeholder moneys for every $1 of state moneys. The secretary of health and environment may receive moneys by bequest, donation or gift to fulfill the public-private match of moneys required under this paragraph. Any such moneys received shall be remitted to the state treasurer in accordance with 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 rural hospital innovation grant fund. A private stakeholder may certify to the secretary of health and environment that an amount of money is dedicated to the rural hospital innovation grant program. Such certified dedicated moneys shall remain with the private stakeholder until such time as the grant is awarded, and the secretary shall count such certified dedicated moneys to fulfill the public-private match required under this paragraph.
(3) A private stakeholder who has contributed moneys or certified dedicated moneys to the secretary of health and environment may specify a county to receive a grant using such private stakeholder's moneys. If the secretary does not award a grant to the specified county in the same fiscal year as such request, the secretary shall return the amount of contributed moneys to the private stakeholder and any such certification shall lapse.
(4) Prior to applying for a rural hospital innovation grant, any eligible county may enter into memorandums of understanding and other necessary agreements with private stakeholders and other eligible counties.
(5) The board of county commissioners of an eligible county, or the board's designee, may apply to the secretary for a rural hospital innovation grant in the form and manner prescribed by the secretary of health and environment. Such application shall include:
(A) A description of the hospital for which the grant moneys will be expended, including the name and location of the hospital;
(B) a statement of the amount of grant moneys requested;
(C) a description of the needs of the hospital, the transitional assistance for which the grant moneys will be expended and how such transitional assistance will meet the stated needs;
(D) a certification that the hospital has exhausted all opportunities for federal moneys available to such hospital for transitional assistance purposes, including, but not limited to, any federal moneys related to COVID-19 relief that may be used for such purposes; and
(E) any other information that the secretary deems necessary to administer this section.
(6) Prior to awarding any grant moneys to an eligible county under this section, the secretary shall enter into a written agreement with the county requiring that the county:
(A) Expend any such grant moneys to provide transitional assistance to a hospital in the eligible county, as approved by the secretary;
(B) not later than one year after any such grant moneys are awarded, report to the secretary detailing the effect that such grant is having on health and other outcomes in the eligible county and the affected community;
(C) repay all awarded grant moneys to the secretary if the county fails to satisfy any material term or condition of the grant agreement; and
(D) any other terms and conditions that the secretary deems necessary to administer this section.
(7) No rural hospital innovation grant shall be awarded to provide transitional assistance to any hospital that has not exhausted all opportunities for federal moneys available to such hospital for transitional assistance purposes, including, but not limited to, any federal moneys related to COVID-19 relief that may be used for such purposes.
(c) (1) There is established in the state treasury the rural hospital innovation grant fund to be administered by the secretary of health and environment. All moneys credited to the fund shall be used only for purposes related to the rural hospital innovation grant program. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee.
(2) (A) Notwithstanding the provisions of chapter 1 of the 2020 Special Session Laws of Kansas or any other provision of law to the contrary, on June 15, 2021, the director of the budget shall determine the amount of moneys received by the state that are identified as moneys from the federal government for aid to the state of Kansas for coronavirus relief as appropriated in the following acts that are eligible to be used for the purpose of awarding grants under this section, that may be expended at the discretion of the state in compliance with the United States office of management and budget's uniform administrative requirements, cost principles and audit requirements for federal awards and that are unencumbered, including:
(i) The federal CARES act, public law 116-136, the federal coronavirus preparedness and response supplemental appropriation act, public law 116-123, the federal families first coronavirus response act, public law 116-127, and the federal paycheck protection program and health care enhancement act, public law 116-139;
(ii) the federal consolidated appropriations act, 2021, public law 116-260;
(iii) the American rescue plan act of 2021, public law 117-2; and
(iv) any other federal law that appropriates moneys to the state for aid for coronavirus relief.
(B) Of the moneys identified in accordance with subparagraph (A), the director of the budget shall determine an aggregate amount equal to $10,000,000 available in special revenue funds. If such identified moneys are less than $10,000,000, the director of the budget shall determine the maximum amount available. The director of the budget shall certify the amount determined under this subparagraph from each fund to the director of accounts and reports. At the same time as such certification is transmitted, the director of the budget shall transmit a copy of such certification to the director of legislative research.
(C) On July 1, 2021, or as soon thereafter as moneys are available, the director of accounts and reports shall transfer an aggregate amount equal to the certification received in accordance with subparagraph (B) from such funds to the rural hospital innovation grant fund. If such aggregate amount of moneys certified is less than $10,000,000, the director of accounts and reports shall transfer from the state general fund to the rural hospital innovation grant fund the difference between $10,000,000 and the amount certified.
(d) The secretary of health and environment shall adopt rules and regulations as necessary to implement and administer this section.
(e) (1) On or before October 1 of each year, for each rural hospital innovation grant awarded under this section, the county shall prepare and submit to the secretary of health and environment a report describing: The amount and stated purposes of any awarded grant moneys; the fulfillment of the terms and conditions of the grant agreement; and the transitional assistance upon which the moneys have been spent.
(2) On or before February 1 of each year, the secretary shall compile the information received under this subsection and submit a report to the governor and the legislature including such information and a description of and reasoning for any applications for a rural hospital innovation grant that the secretary has denied.
(f) (1) The rural hospital innovation grant program shall expire on June 30, 2025.
(2) On July 1, 2025:
(A) The director of accounts and reports shall transfer all moneys in the rural hospital innovation grant fund to the state general fund;
(B) all liabilities of the rural hospital innovation grant fund shall be transferred to and imposed on the state general fund; and
(C) the rural hospital innovation grant fund shall be abolished.
History: L. 2021, ch. 88, § 11; May 6.
Article 4a Abortion Facility Licensure
§ 65-4a01 Definitions
As used in K.S.A. 65-4a01 through 65-4a12, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) "Ambulatory surgical center" means an ambulatory surgical center as defined in K.S.A. 65-425, and amendments thereto.
(c) "Bodily function" means physical functions only. The term "bodily function" does not include mental or emotional functions.
(d) "Clinic" means any facility, other than a hospital or ambulatory surgical center, in which any second or third trimester or five or more first trimester abortions are performed in a month.
(e) "Department" means the department of health and environment.
(f) "Elective abortion" means an abortion for any reason other than to prevent the death of the mother upon whom the abortion is performed, except that an abortion may not be deemed one to prevent the death of the mother based on a claim or diagnosis that such mother will engage in conduct that would result in such mother's death.
(g) "Facility" means any clinic, hospital or ambulatory surgical center in which any second or third trimester elective abortion or five or more first trimester elective abortions are performed in a month, excluding any abortion performed due to a medical emergency.
(h) "Gestational age" means the same as defined in K.S.A. 65-6701, and amendments thereto, and shall be determined pursuant to K.S.A. 65-6703, and amendments thereto.
(i) "Hospital" means a hospital as defined in K.S.A. 65-425(a) or (b), and amendments thereto.
(j) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(k) "Physician" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(l) "Secretary" means the secretary of the department of health and environment.
History: L. 2011, ch. 82, § 1; L. 2014, ch. 87, § 1; L. 2023, ch. 88, § 3; July 1.
§ 65-4a02 Licensure, facilities performing abortions; posting; fee
(a) A facility shall be licensed in accordance with K.S.A. 65-4a01 through 65-4a12, and amendments thereto.
(b) Any facility seeking licensure for the performance of abortions shall submit an application for such license to the department on forms and in the manner required by the secretary. Such application shall contain such information as the secretary may reasonably require, including affirmative evidence of the ability of the applicant to comply with such reasonable standards and rules and regulations adopted pursuant to K.S.A. 65-4a09, and amendments thereto.
(c) Upon receipt of such application and verification by the department that the applicant is in compliance with all applicable laws and rules and regulations, the secretary shall issue a license to the applicant.
(d) A license issued under this section shall be posted in a conspicuous place in a public area within the facility. The issuance of a license does not guarantee adequacy of individual care, treatment, personal safety, fire safety or the well-being of any occupant of such facility. A license is not assignable or transferable.
(e) A license shall be effective for one year following the date of issuance. A license issued under this section shall apply only to the premises described in the application and in the license issued thereon, and only one location shall be described in each license.
(f) At the time application for a license is made the applicant shall pay a license fee in the amount of $500. Fees paid pursuant to this section shall not be refunded by the secretary.
(g) The secretary may make exceptions to the standards set forth in law or in rules and regulations when it is determined that the health and welfare of the community require the services of the hospital or ambulatory surgical center and that the exceptions, as granted, will have no significant adverse impact on the health, safety or welfare of the patients of such hospital or ambulatory surgical center.
History: L. 2011, ch. 82, § 2; July 1.
§ 65-4a03 License; annual renewal
Applicants for an annual license renewal shall file an application with the department and pay the license fee in accordance with K.S.A. 65-4a02, and amendments thereto. Applicants for an annual license renewal shall also be subject to a licensing inspection in accordance with K.S.A. 65-4a05, and amendments thereto.
History: L. 2011, ch. 82, § 3; July 1.
§ 65-4a04 Facility name change; ownership change; notice
(a) No proposed facility shall be named, nor may any existing facility have its name changed to, the same or similar name as any other facility licensed pursuant to K.S.A. 65-4a01 through 65-4a12, and amendments thereto. If the facility is affiliated with one or more other facilities with the same or similar name, then the facility shall have the geographic area in which it is located as part of its name.
(b) Within 30 days after the occurrence of any of the following, a facility shall apply for an amended license by submitting such application to the department:
(1) A change of ownership either by purchase or lease; or
(2) a change in the facility's name or address.
History: L. 2011, ch. 82, § 4; July 1.
§ 65-4a05 Inspections; frequency; confidentiality of certain records
(a) The secretary shall make or cause to be made such inspections and investigations of each facility at least twice each calendar year and at such other times as the secretary determines necessary to protect the public health and safety and to implement and enforce the provisions of K.S.A. 65-4a01 through 65-4a12, and amendments thereto, and rules and regulations adopted pursuant to K.S.A. 65-4a09, and amendments thereto. At least one inspection shall be made each calendar year without providing prior notice to the facility. For that purpose, authorized agents of the secretary shall have access to a facility during regular business hours.
(b) Information received by the secretary through filed reports, inspections or as otherwise authorized under K.S.A. 65-4a01 through 65-4a12, and amendments thereto, shall not be disclosed publicly in such manner as to identify individuals. Under no circumstances shall patient medical or other identifying information be made available to the public, and such information shall always be treated by the department as confidential.
History: L. 2011, ch. 82, § 5; July 1.
§ 65-4a06 Licensure; denial, suspension or revocation; procedures license violation classes; penalties; fines
(a) When the secretary determines that a facility is in violation of any applicable law or rule and regulation relating to the operation or maintenance of such facility, the secretary, upon proper notice, may deny, suspend or revoke the license of such facility, or assess a monetary penalty after notice and an opportunity for hearing has been given to the licensee in accordance with the provisions of the Kansas administrative procedure act.
(b) Either before or after formal charges have been filed, the secretary and the facility may enter into a stipulation which shall be binding upon the secretary and the facility entering into such stipulation, and the secretary 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 authorized by this section against the facility entering into such stipulation.
(c) The secretary may temporarily suspend or temporarily limit the license of any facility in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the secretary determines that there is cause to believe that grounds exist under this section for immediate action authorized by this section against the facility and that the facility's continuation in operation would constitute an imminent danger to the public health and safety.
(d) Violations of K.S.A. 65-4a01 through 65-4a12, and amendments thereto, or of any rules and regulations adopted thereunder shall be deemed one of the following:
(1) Class I violations are those that the secretary determines to present an imminent danger to the health, safety or welfare of the patients of the facility or a substantial probability that death or serious physical harm could result therefrom. A physical condition or one or more practices, means, methods or operations in use in a facility may constitute such a violation. The condition or practice constituting a class I violation shall be abated or eliminated immediately unless a fixed period of time, as stipulated by the secretary, is required for correction. Each day such violation shall exist after expiration of such time shall be considered a subsequent violation.
(2) Class II violations are those, other than class I violations, that the secretary determines to have a direct or immediate relationship to the health, safety or welfare of the facility's patients. The citation of a class II violation shall specify the time within which the violation is required to be corrected. Each day such violation shall exist after expiration of such time shall be considered a subsequent violation.
(3) Class III violations are those that are not classified as class I or II, or those that are against the best practices as interpreted by the secretary. The citation of a class III violation shall specify the time within which the violation is required to be corrected. Each day such violation shall exist after expiration of such time shall be considered a subsequent violation.
(e) The secretary shall consider the following factors when determining the severity of a violation:
(1) Specific conditions and their impact or potential impact on the health, safety or welfare of the facility's patients;
(2) efforts by the facility to correct the violation;
(3) overall conditions of the facility;
(4) the facility's history of compliance; and
(5) any other pertinent conditions that may be applicable.
(f) Any monetary penalty assessed by the secretary shall be assessed in accordance with the following fine schedule:
(1) For class I violations the following number of violations within a 24-month period shall result in the corresponding fine amount:
(A) One violation, a fine of not less than $200 and not more than $1,000;
(B) two violations, a fine of not less than $500 and not more than $2,000;
(C) three violations, a fine of not less than $1,000 and not more than $5,000; and
(D) four or more violations, a fine of $5,000;
(2) for class II violations the following number of violations within a 24-month period shall result in the corresponding fine amount:
(A) One violation, a fine of not less than $100 and not more than $200;
(B) two violations, a fine of not less than $200 and not more than $1,000;
(C) three violations, a fine of not less than $500 and not more than $2,000;
(D) four violations, a fine of not less than $1,000 and not more than $5,000; and
(E) five or more violations, a fine of $5,000;
(3) for class III violations the following number of violations within a 24-month period shall result in the corresponding fine amount:
(A) One violation, there shall be no fine;
(B) two violations, a fine of not less than $100 and not more than $500;
(C) three violations, a fine of not less than $200 and not more than $1,000;
(D) four violations, a fine of not less than $500 and not more than $2,000;
(E) five violations, a fine of not less than $1,000 and not more than $5,000; and
(F) six or more violations, a fine of $5,000.
History: L. 2011, ch. 82, § 6; July 1.
§ 65-4a07 Late term abortions; performed in hospital or ambulatory surgical center only; exception
Except in the case of a medical emergency, an abortion performed when the gestational age of the unborn child is 22 weeks or more shall be performed in a hospital or ambulatory surgical center licensed pursuant to this act. All other abortions shall be performed in a facility licensed pursuant to this act, except that a hospital or ambulatory surgical center that does not meet the definition of a facility under this act and that is licensed pursuant to K.S.A. 65-425 et seq., and amendments thereto, may perform abortions.
History: L. 2011, ch. 82, § 7; L. 2014, ch. 87, § 2; April 24.
§ 65-4a08 Operating without a valid license; criminal penalties
(a) It shall be unlawful to operate a facility within Kansas without possessing a valid license issued annually by the secretary pursuant to K.S.A. 65-4a02, and amendments thereto, with no requirement of culpable mental state.
(b) It shall be unlawful for a person to perform or induce an abortion in a facility unless such person is a physician, with clinical privileges at a hospital located within 30 miles of the facility, with no requirement of culpable mental state.
(c) Violation of subsection (a) or (b) is a class A nonperson misdemeanor and shall constitute unprofessional conduct under K.S.A. 65-2837, and amendments thereto.
History: L. 2011, ch. 82, § 8; July 1.
§ 65-4a09 Rules and regulations; secretary of health and environment
(a) The secretary shall adopt rules and regulations for the licensure of facilities for the performance of abortions.
(b) The secretary shall adopt rules and regulations concerning sanitation, housekeeping, maintenance, staff qualifications, emergency equipment and procedures to provide emergency care, medical records and reporting, laboratory, procedure and recovery rooms, physical plant, quality assurance, infection control, information on and access to patient follow-up care and any other areas of medical practice necessary to carry out the purposes of K.S.A. 65-4a01 through 65-4a12, and amendments thereto, for facilities for the performance of abortions. At a minimum these rules and regulations shall prescribe standards for:
(1) Adequate private space that is specifically designated for interviewing, counseling and medical evaluations;
(2) dressing rooms for staff and patients;
(3) appropriate lavatory areas;
(4) areas for preprocedure hand washing;
(5) private procedure rooms;
(6) adequate lighting and ventilation for abortion procedures;
(7) surgical or gynecologic examination tables and other fixed equipment;
(8) postprocedure recovery rooms that are supervised, staffed and equipped to meet the patients' needs;
(9) emergency exits to accommodate a stretcher or gurney;
(10) areas for cleaning and sterilizing instruments; and
(11) adequate areas for the secure storage of medical records and necessary equipment and supplies.
(c) The secretary shall adopt rules and regulations to prescribe facility supplies and equipment standards, including supplies and equipment, that are required to be immediately available for use or in an emergency. At a minimum these rules and regulations shall:
(1) Prescribe required equipment and supplies, including medications, required for the conduct, in an appropriate fashion, of any abortion procedure that the medical staff of the facility anticipates performing and for monitoring the progress of each patient throughout the procedure and recovery period;
(2) require that the number or amount of equipment and supplies at the facility is adequate at all times to assure sufficient quantities of clean and sterilized durable equipment and supplies to meet the needs of each patient;
(3) prescribe required equipment, supplies and medications that shall be available and ready for immediate use in an emergency and requirements for written protocols and procedures to be followed by staff in an emergency, such as the loss of electrical power;
(4) prescribe required equipment and supplies for required laboratory tests and requirements for protocols to calibrate and maintain laboratory equipment at the facility or operated by facility staff;
(5) require ultrasound equipment in facilities; and
(6) require that all equipment is safe for the patient and the staff, meets applicable federal standards and is checked annually to ensure safety and appropriate calibration.
(d) The secretary shall adopt rules and regulations relating to facility personnel. At a minimum these rules and regulations shall require that:
(1) The facility designate a medical director of the facility who is licensed to practice medicine and surgery in Kansas;
(2) physicians performing surgery in a facility are licensed to practice medicine and surgery in Kansas, demonstrate competence in the procedure involved and are acceptable to the medical director of the facility;
(3) a physician with admitting privileges at an accredited hospital located within 30 miles of the facility is available;
(4) another individual is present in the room during a pelvic examination or during the abortion procedure and if the physician is male then the other individual shall be female;
(5) a registered nurse, nurse practitioner, licensed practical nurse or physician assistant is present and remains at the facility when abortions are performed to provide postoperative monitoring and care until each patient who had an abortion that day is discharged;
(6) surgical assistants receive training in the specific responsibilities of the services the surgical assistants provide; and
(7) volunteers receive training in the specific responsibilities of the services the volunteers provide, including counseling and patient advocacy as provided in the rules and regulations adopted by the director for different types of volunteers based on their responsibilities.
(e) The secretary shall adopt rules and regulations relating to the medical screening and evaluation of each facility patient. At a minimum these rules and regulations shall require:
(1) A medical history including the following:
(A) Reported allergies to medications, antiseptic solutions or latex;
(B) obstetric and gynecologic history; and
(C) past surgeries;
(2) a physical examination including a bimanual examination estimating uterine size and palpation of the adnexa;
(3) the appropriate laboratory tests including:
(A) For an abortion in which an ultrasound examination is not performed before the abortion procedure, urine or blood tests for pregnancy performed before the abortion procedure;
(B) a test for anemia as indicated;
(C) Rh typing, unless reliable written documentation of blood type is available; and
(D) other tests as indicated from the physical examination;
(4) an ultrasound evaluation for all patients who elect to have an abortion of an unborn child. The rules shall require that if a person who is not a physician performs an ultrasound examination, that person shall have documented evidence that the person completed a course in the operation of ultrasound equipment as prescribed in rules and regulations. The physician or other health care professional shall review, at the request of the patient, the ultrasound evaluation results with the patient before the abortion procedure is performed, including the probable gestational age of the unborn child; and
(5) that the physician is responsible for estimating the gestational age of the unborn child based on the ultrasound examination and obstetric standards in keeping with established standards of care regarding the estimation of fetal age as defined in rules and regulations and shall verify the estimate in the patient's medical history. The physician shall keep original prints of each ultrasound examination of a patient in the patient's medical history file.
(f) The secretary shall adopt rules and regulations relating to the abortion procedure. At a minimum these rules and regulations shall require:
(1) That medical personnel is available to all patients throughout the abortion procedure;
(2) standards for the safe conduct of abortion procedures that conform to obstetric standards in keeping with established standards of care regarding the estimation of fetal age as defined in rules and regulations;
(3) appropriate use of local anesthesia, analgesia and sedation if ordered by the physician;
(4) the use of appropriate precautions, such as the establishment of intravenous access at least for patients undergoing second or third trimester abortions; and
(5) the use of appropriate monitoring of the vital signs and other defined signs and markers of the patient's status throughout the abortion procedure and during the recovery period until the patient's condition is deemed to be stable in the recovery room.
(g) The secretary shall adopt rules and regulations that prescribe minimum recovery room standards. At a minimum these rules and regulations shall require that:
(1) Immediate postprocedure care consists of observation in a supervised recovery room for as long as the patient's condition warrants;
(2) the facility arrange hospitalization if any complication beyond the management capability of the staff occurs or is suspected;
(3) a licensed health professional who is trained in the management of the recovery area and is capable of providing basic cardiopulmonary resuscitation and related emergency procedures remains on the premises of the facility until all patients are discharged;
(4) a physician or a nurse who is advanced cardiovascular life support certified shall remain on the premises of the facility until all patients are discharged and to facilitate the transfer of emergency cases if hospitalization of the patient or viable unborn child is necessary. A physician or nurse shall be readily accessible and available until the last patient is discharged;
(5) a physician or trained staff member discusses Rho(d) immune globulin with each patient for whom it is indicated and assures it is offered to the patient in the immediate postoperative period or that it will be available to her within 72 hours after completion of the abortion procedure. If the patient refuses, a refusal form approved by the department shall be signed by the patient and a witness and included in the medical record;
(6) written instructions with regard to postabortion coitus, signs of possible problems and general aftercare are given to each patient. Each patient shall have specific instructions regarding access to medical care for complications, including a telephone number to call for medical emergencies;
(7) there is a specified minimum length of time that a patient remains in the recovery room by type of abortion procedure and gestational age of the unborn child;
(8) the physician assures that a licensed health professional from the facility makes a good faith effort to contact the patient by telephone, with the patient's consent, within 24 hours after surgery to assess the patient's recovery; and
(9) equipment and services are located in the recovery room to provide appropriate emergency resuscitative and life support procedures pending the transfer of the patient or viable unborn child to the hospital.
(h) The secretary shall adopt rules and regulations that prescribe standards for follow-up visits. At a minimum these rules and regulations shall require that:
(1) A postabortion medical visit is offered and scheduled within four weeks after the abortion, if accepted by the patient, including a medical examination and a review of the results of all laboratory tests;
(2) a urine pregnancy test is obtained at the time of the follow-up visit to rule out continuing pregnancy. If a continuing pregnancy is suspected, the patient shall be evaluated and a physician who performs or induces abortions shall be consulted; and
(3) the physician performing or inducing the abortion, or a person acting on behalf of the physician performing or inducing the abortion, shall make all reasonable efforts to ensure that the patient returns for a subsequent examination so that the physician can assess the patient's medical condition. A brief description of the efforts made to comply with this [these] requirements, including the date, time and identification by name of the person making such efforts, shall be included in the patient's medical record.
(i) The secretary shall adopt rules and regulations to prescribe minimum facility incident reporting. At a minimum these rules and regulations shall require that:
(1) The facility records each incident resulting in a patient's or viable unborn child's serious injury occurring at a facility and shall report them in writing to the department within 10 days after the incident. For the purposes of this paragraph, "serious injury" means an injury that occurs at a facility and that creates a serious risk of substantial impairment of a major body organ;
(2) if a patient's death occurs, other than an unborn child's death properly reported pursuant to law, the facility shall report such death to the department of health and environment not later than the next department business day; and
(3) incident reports are filed with the department of health and environment and appropriate professional regulatory boards.
(j) (1) The secretary shall adopt rules and regulations requiring each facility to establish and maintain an internal risk management program which, at a minimum, shall consist of:
(A) A system for investigation and analysis of the frequency and causes of reportable incidents within the facility;
(B) measures to minimize the occurrence of reportable incidents and the resulting injuries within the facility; and
(C) a reporting system based upon the duty of all health care providers staffing the facility and all agents and employees of the facility directly involved in the delivery of health care services to report reportable incidents to the chief of the medical staff, chief administrative officer or risk manager of the facility.
(2) As used in this subsection, the term "reportable incident" means an act by a health care provider which:
(A) Is or may be below the applicable standard of care and has a reasonable probability of causing injury to a patient; or
(B) may be grounds for disciplinary action by the appropriate licensing agency.
(k) The rules and regulations adopted by the secretary pursuant to this section do not limit the ability of a physician or other health care professional to advise a patient on any health issue. The secretary periodically shall review and update current practice and technology standards under K.S.A. 65-4a01 through 65-4a12, and amendments thereto, and based on current practice or technology adopt by rules and regulations alternative practice or technology standards found by the secretary to be as effective as those enumerated in K.S.A. 65-4a01 through 65-4a12, and amendments thereto.
(l) The provisions of K.S.A. 65-4a01 through 65-4a12, and amendments thereto, and the rules and regulations adopted pursuant thereto shall be in addition to any other laws and rules and regulations which are applicable to facilities defined as clinics under K.S.A. 65-4a01, and amendments thereto.
(m) In addition to any other penalty provided by law, whenever in the judgment of the secretary of health and environment any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of this section, or any rules and regulations adopted under the provisions of this section, the secretary shall make application to any court of competent jurisdiction for an order enjoining such acts or practices, and upon a showing by the secretary that such person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order or such other order as may be appropriate shall be granted by such court without bond.
History: L. 2011, ch. 82, § 9; July 1.
§ 65-4a10 Performance of abortions; only physicians; RU-486 or any drug induced abortion requirements; violations
(a) No abortion shall be performed or induced by any person other than a physician licensed to practice medicine in the state of Kansas.
(b) (1) Except in the case of an abortion performed in a hospital through inducing labor: (A) When RU-486 (mifepristone) is used for the purpose of inducing an abortion, the drug shall initially be administered by or in the same room and in the physical presence of the physician who prescribed, dispensed or otherwise provided the drug to the patient; and (B) when any other drug is used for the purpose of inducing an abortion, the drug or the prescription for such drug shall be given to the patient by or in the same room and in the physical presence of the physician who prescribed, dispensed or otherwise provided the drug or prescription to the patient.
(2) The provisions of this subsection shall not apply in the case of a medical emergency.
(c) The physician inducing the abortion, or a person acting on behalf of the physician inducing the abortion, shall make all reasonable efforts to ensure that the patient returns 12 to 18 days after the administration or use of such drug for a subsequent examination so that the physician can confirm that the pregnancy has been terminated and assess the patient's medical condition. A brief description of the efforts made to comply with this subsection, including the date, time and identification by name of the person making such efforts, shall be included in the patient's medical record.
(d) A violation of this section shall constitute unprofessional conduct under K.S.A. 65-2837, and amendments thereto.
History: L. 2011, ch. 82, § 10; L. 2015, ch. 84, § 1; June 11.
§ 65-4a11 Act does not create right to abortion
Nothing in K.S.A. 65-4a01 through 65-4a12, and amendments thereto, shall be construed as creating or recognizing a right to abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law.
History: L. 2011, ch. 82, § 11; July 1.
§ 65-4a12 Severability clause
The provisions of K.S.A. 65-4a01 through 65-4a12, and amendments thereto, are declared to be severable, and if any provision, or the application thereof, to any person shall be held invalid, such invalidity shall not affect the validity of the remaining provisions of K.S.A. 65-4a01 through 65-4a12, and amendments thereto.
History: L. 2011, ch. 82, § 12; July 1.
Article 5 Maternity Centers and Child Care Facilities
§ 65-501 License or temporary permit required; exemptions
(a) It shall be unlawful for any person, firm, corporation or association to conduct or maintain a maternity center or a child care facility for children under 16 years of age without having a license or temporary permit therefor from the secretary of health and environment. Nothing in this act shall apply to:
(1) A residential facility or hospital that is operated and maintained by a state agency as defined in K.S.A. 75-3701, and amendments thereto;
(2) a summer instructional camp that is provided by a not-for-profit, school, verifiable nonpublic school or an employee of such school; or
(3) a person or group of persons providing educational activities for children ages pre-K through high school to such persons' children.
(b) Organizations or persons providing services defined as a day care in K.S.A. 65-503, and amendments thereto, and not included in this section may apply for and be granted a waiver as allowed under this act.
History: L. 1919, ch. 210, § 1; R.S. 1923, 65-501; L. 1974, ch. 352, § 85; L. 1978, ch. 236, § 1; L. 1985, ch. 209, § 1; L. 1994, ch. 279, § 4; L. 2001, ch. 101, § 1; L. 2025, ch. 118, § 40; July 1.
§ 65-502 Repealed
History: L. 1919, ch. 210, § 2; R.S. 1923, 65-502; L. 1994, ch. 279, § 5; Repealed, L. 2012, ch. 99, § 8; July 1.
§ 65-503 Definitions
As used in this act:
(a) "Act" means article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(b) "Assistant teacher" means a staff member of a child care center and is responsible for assisting the lead teacher in the care of children.
(c) "Boarding school" means a facility that provides 24-hour care to school age children, provides education as its primary function and is accredited by an accrediting agency acceptable to the secretary of health and environment.
(d) "Child care center" means a facility that meets child care center regulations and provides care and educational activities for children.
(e) "Child care facility" means:
(1) A facility maintained by a person who has control or custody of one or more children under 16 years of age, unattended by parent or guardian, for the purpose of providing the children with food or lodging, or both, excluding children in the custody of the secretary for children and families who are placed with a prospective adoptive family pursuant to the provisions of an adoptive placement agreement or who are related to the person by blood, marriage or legal adoption;
(2) a children's home, orphanage, maternity home, day care facility or other facility that the secretary determines to require regulation under this act;
(3) a child placement agency or child care resource and referral agency, or a facility maintained by such an agency for the purpose of caring for children under 16 years of age; or
(4) any receiving or detention home for children under 16 years of age provided or maintained by, or receiving aid from, any city or county or the state.
(5) On and after July 1, 2026, "child care facility" does not include day care facility or child resource and referral agency.
(f) "Child care home" means the premises where care is provided for children at a residence.
(g) "Child care resource and referral agency" means a business or service conducted, maintained or operated by a person engaged in providing resource and referral services, including information of specific services provided by child care facilities, to assist parents to find child care.
(h) "Child placement agency" means a business or service conducted, maintained or operated by a person engaged in finding homes for children by placing or arranging for the placement of such children for adoption or foster care.
(i) (1) "Day care facility" means a child care facility that includes a day care home, preschool, child care center, school-age program or other facility of a type determined by the secretary to require regulation under K.S.A. 65-501 et seq., and amendments thereto.
(2) "Day care facility" does not include a youth development program.
(3) On and after July 1, 2026, this subsection shall expire.
(j) "Employee" means a person working, regularly volunteering or residing in a child care facility.
(k) "Infant" means a child who is between two weeks and 12 months of age or a child older than 12 months who has not yet learned to walk.
(l) "Lead teacher" means an individual who meets the requirements of section 1, and amendments thereto, and can independently staff any unit in a child care center.
(m) "Licensure year" means the period of time beginning on the effective date and ending on the expiration date of a license.
(n) "Maternity center" means a facility that provides delivery services for normal, uncomplicated pregnancies but does not include a medical care facility as defined by K.S.A. 65-425, and amendments thereto.
(o) "Person" means any individual, association, partnership, corporation, government, governmental subdivision or other entity.
(p) "Program director" means the staff member of a child care center and is responsible for implementing and supervising the comprehensive and coordinated plan of activities that provide for the education, care, protection and development of children who attend a child care center.
(q) "Religious beliefs" means the same as defined in K.S.A. 2025 Supp. 44-663, and amendments thereto.
(r) "School-age" means a child who will be at least six years of age on or before the first day of September of any school year but is under 16 years of age.
(s) "Unit" means the number of children who may be present in one group in a child care center.
(t) "Youth development program" means the same as defined in K.S.A. 65-527, and amendments thereto.
History: L. 1919, ch. 210, § 3; R.S. 1923, 65-503; L. 1978, ch. 236, § 2; L. 1978, ch. 237, § 2; L. 1980, ch. 184, § 1; L. 1983, ch. 140, § 45; L. 1994, ch. 279, § 6; L. 1998, ch. 166, § 1; L. 2007, ch. 130, § 1; L. 2010, ch. 161, § 4; L. 2012, ch. 99, § 1; L. 2014, ch. 115, § 248; L. 2024, ch. 15, § 44; L. 2025, ch. 118, § 41; July 1.
§ 65-504 Licenses; contents; limitations; posting; inspections; temporary permits; access to premises; temporary licenses; denial or revocation of license; procedure
(a) The secretary of health and environment shall have the power to grant a license to a person to maintain a maternity center or child care facility for children under 16 years of age. A license granted to maintain a maternity center or child care facility shall state the name of the licensee, describe the particular premises in or at which the business shall be carried on, whether it shall receive and care for women or children, and the number of women or children that may be treated, maintained, boarded or cared for at any one time. No greater number of women or children than is authorized in the license shall be kept on those premises and the business shall not be carried on in a building or place not designated in the license. The license shall be kept posted in a conspicuous place on the premises where the business is conducted. A license granted to maintain a day care facility shall have on its face an expiration sticker stating the date of expiration of the license.
The secretary of health and environment shall grant no license in any case until careful inspection of the maternity center or child care facility shall have been made according to the terms of this act and until such maternity center or child care facility has complied with all the requirements of this act. Except as provided by this subsection, no license shall be granted without the approval of the secretary for children and families. The secretary of health and environment may issue, without the approval of the secretary for children and families, a temporary permit to operate for a period not to exceed 90 days upon receipt of an initial application for license. The secretary of health and environment may extend, without the approval of the secretary for children and families, the temporary permit to operate for an additional period not to exceed 90 days if an applicant is not in full compliance with the requirements of this act but has made efforts towards full compliance.
(b) (1) In all cases where the secretary for children and families deems it necessary, an investigation of the maternity center or child care facility shall be made under the supervision of the secretary for children and families or other designated qualified agents. For that purpose and for any subsequent investigations they shall have the right of entry and access to the premises of the center or facility and to any information deemed necessary to the completion of the investigation. In all cases where an investigation is made, a report of the investigation of such center or facility shall be filed with the secretary of health and environment.
(2) In cases where neither approval or disapproval can be given within a period of 30 days following formal request for such a study, the secretary of health and environment may issue a temporary license without fee pending final approval or disapproval of the center or facility.
(c) Whenever the secretary of health and environment refuses to grant a license to an applicant, the secretary shall issue an order to that effect stating the reasons for such denial and within five days after the issuance of such order shall notify the applicant of the refusal. Upon application not more than 15 days after the date of its issuance a hearing on the order shall be held in accordance with the provisions of the Kansas administrative procedure act.
(d) When the secretary of health and environment finds upon investigation or is advised by the secretary for children and families that any of the provisions of this act or the provisions of K.S.A. 59-2123, and amendments thereto, are being violated, or that the maternity center or child care facility is maintained without due regard to the health, safety or welfare of any woman or child, the secretary of health and environment may issue an order revoking such license after giving notice and conducting a hearing in accordance with the provisions of the Kansas administrative procedure act. The order shall clearly state the reason for the revocation.
(e) If the secretary revokes or refuses to renew a license, the licensee who had a license revoked or not renewed shall not be eligible to apply for a license for a period of one year subsequent to the date such revocation or refusal to renew becomes final. If the secretary revokes or refuses to renew a license of a licensee who is a repeat, three or more times, violator of statutory requirements or rules and regulations or is found to have contributed to the death or serious bodily harm of a child under such licensee's care, such licensee shall be permanently prohibited from applying for a new license to provide child care or from seeking employment under another licensee.
(f) Any applicant or licensee aggrieved by a final order of the secretary of health and environment denying or revoking a license under this act may appeal the order in accordance with the Kansas judicial review act.
History: L. 1919, ch. 210, § 4; R.S. 1923, 65-504; L. 1951, ch. 358, § 1; L. 1961, ch. 285, § 1; L. 1974, ch. 352, § 86; L. 1978, ch. 236, § 3; L. 1982, ch. 258, § 3; L. 1983, ch. 147, § 2; L. 1984, ch. 313, § 93; L. 1985, ch. 209, § 2; L. 1988, ch. 239, § 1; L. 1989, ch. 188, § 1; L. 1990, ch. 145, § 37; L. 1991, ch. 184, § 1; L. 1994, ch. 279, § 7; L. 2000, ch. 137, § 1; L. 2010, ch. 161, § 5; L. 2012, ch. 99, § 2; L. 2014, ch. 115, § 249; July 1.
§ 65-504a Repealed
History: L. 1919, ch. 210, § 4; R.S. 1923, 65-504; L. 1951, ch. 358, § 1; L. 1961, ch. 285, § 1; L. 1974, ch. 352, § 86; L. 1978, ch. 236, § 3; L. 1982, ch. 258, § 3; L. 1983, ch. 147, § 2; L. 1984, ch. 313, § 93; L. 1985, ch. 209, § 2; L. 1988, ch. 239, § 1; L. 1989, ch. 188, § 1; L. 1990, ch. 145, § 37; L. 1991, ch. 184, § 1; L. 1994, ch. 279, § 7; L. 2000, ch. 137, § 1; L. 2010, ch. 17, § 121; Repealed, L. 2011, ch. 91, § 41; July 1.
§ 65-505 License fees; maternity centers and child care licensing fee fund
(a) (1) The annual fee for a license to conduct a maternity center or child care facility shall be fixed by the secretary of health and environment by rules and regulations in an amount not exceeding the following:
(A) For a maternity center, $150;
(B) for a child placement agency, $150; and
(C) for a child care resource and referral agency, $150.
(2) Except for child care facilities listed in paragraph (1), there shall be no annual fee for a license to conduct a child care facility.
(3) The license fee shall be paid to the secretary of health and environment when the license is applied for and annually thereafter. The fee shall not be refundable. No fee shall be charged for a license to conduct a home for children that is a family foster home as defined in K.A.R. 28-4-311, and amendments thereto.
(b) Any licensee who fails to renew such license within 30 days after the expiration of the license shall pay to the secretary the renewal fee plus a late fee in an amount of $75 or equal to the fee for the renewal of a license, whichever is greater.
(c) Any licensee applying for an amended license shall pay to the secretary of health and environment a fee established by rules and regulations of the secretary in an amount not exceeding $35.
(d) The secretary of health and environment shall remit all moneys received by the secretary from fees under the provisions of this section to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer, notwithstanding any other law to the contrary, shall deposit the entire amount in the state treasury to the credit of the maternity centers and child care licensing fee fund. All expenditures from the maternity centers and child care licensing fee fund shall be made only for the purposes of article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or by a person or persons designated by the secretary. Notwithstanding any other law to the contrary, no moneys shall be transferred or otherwise revert from this fund to the state general fund by appropriation act or other act of the legislature. Moneys available under this section by the creation of the maternity centers and child care licensing fee fund shall not be substituted for or used to reduce or eliminate moneys available to the department of health and environment to administer the provisions of article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. Nothing in this act shall be construed to authorize a reduction or elimination of moneys made available by the state to local units of government for the purposes of article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1919, ch. 210, § 5; R.S. 1923, 65-505; L. 1974, ch. 352, § 87; L. 1978, ch. 236, § 4; L. 1982, ch. 259, § 1; L. 1985, ch. 210, § 2; L. 1986, ch. 230, § 1; L. 1991, ch. 184, § 2; L. 1994, ch. 279, § 8; L. 2001, ch. 5, § 217; L. 2010, ch. 161, § 6; L. 2025, ch. 118, § 43; July 1.
§ 65-506 Notice of issuance, limitation, modification, suspension or revocation of license; notice to parents or guardians of enrollees of limitation, modification, suspension, revocation or denial; unlicensed placements prohibited
The secretary of health and environment shall serve notice of the issuance, limitation, modification, suspension or revocation of a license to conduct a maternity center or child care facility to the secretary for children and families, juvenile justice authority, department of education, office of the state fire marshal, county, city-county or multi-county department of health, and to any licensed child placement agency or licensed child care resource and referral agency serving the area where the center or facility is located. A maternity center or child care facility that has had a license limited, modified, suspended, revoked or denied by the secretary of health and environment shall notify in writing the parents or guardians of the enrollees of the limitation, modification, suspension, revocation or denial. Neither the secretary for children and families nor any other person shall place or cause to be placed any woman or child under 16 years of age in any maternity center or child care facility not licensed by the secretary of health and environment.
History: L. 1919, ch. 210, § 6; R.S. 1923, 65-506; L. 1951, ch. 358, § 2; L. 1974, ch. 352, § 88; L. 1976, ch. 145, § 211; L. 1978, ch. 236, § 5; L. 1986, ch. 230, § 2; L. 1994, ch. 279, § 9; L. 2000, ch. 127, § 1; L. 2010, ch. 161, § 7; L. 2012, ch. 99, § 3; L. 2014, ch. 115, § 250; July 1.
§ 65-507 Records of maternity centers and child care facilities; confidentiality
(a) Each maternity center licensee shall keep a record upon forms prescribed and provided by the secretary of health and environment and the secretary for children and families which shall include the name of every patient, together with the patient's place of residence during the year preceding admission to the center and the name and address of the attending physician. Each child care facility licensee shall keep a record upon forms prescribed and provided by the secretary of health and environment which shall include the name and age of each child received and cared for in the facility; the name of the physician who attended any sick children in the facility, together with the names and addresses of the parents or guardians of such children; and such other information as the secretary of health and environment or secretary for children and families may require. Each maternity center licensee and each child care facility licensee shall apply to and shall receive without charge from the secretary of health and environment and the secretary for children and families forms for such records as may be required, which forms shall contain a copy of this act.
(b) Information obtained under this section shall be confidential and shall not be made public in a manner which would identify individuals.
History: L. 1919, ch. 210, § 7; R.S. 1923, 65-507; L. 1951, ch. 358, § 3; L. 1974, ch. 352, § 89; L. 1978, ch. 236, § 6; L. 1994, ch. 279, § 10; L. 2014, ch. 115, § 251; July 1.
§ 65-508 Equipment, supplies and accommodations; competent supervision and care of children; safe sleep practices; rules and regulations; immunizations
(a) Any maternity center or child care facility subject to this act shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems that conform to all applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare of any woman or child.
(b) (1) Every maternity center or child care facility shall furnish or cause to be furnished for the use of each resident and employee an individual towel, washcloth or disposable products, comb, individual drinking cup or sanitary bubbling fountain and toothbrushes for all children other than infants, and shall keep or require such articles to be kept at all times in a clean and sanitary condition.
(2) Toothbrushes in a day care facility may be used after meals or as appropriate.
(3) Every maternity center or child care facility shall comply with all applicable fire codes and rules and regulations of the state fire marshal.
(c) (1) The secretary of health and environment with the cooperation of the secretary for children and families shall develop and adopt rules and regulations for the operation and maintenance of maternity centers and child care facilities. The rules and regulations for operating and maintaining maternity centers and child care facilities shall be designed to promote the health, safety and welfare of any woman or child served in such facilities by ensuring safe and adequate physical surroundings, healthful food, adequate handwashing, safe storage of toxic substances and hazardous chemicals, sanitary diapering and toileting, home sanitation, supervision and care of the residents by capable, qualified persons of sufficient number, after-hour care, an adequate program of activities and services, sudden infant death syndrome and safe sleep practices training, prohibition on corporal punishment, crib safety, protection from electrical hazards, protection from swimming pools and other water sources, fire drills, emergency plans, safety of outdoor playground surfaces, door locks, safety gates and transportation and such appropriate parental participation as may be feasible under the circumstances. Boarding schools are excluded from requirements regarding the number of qualified persons who must supervise and provide care to residents.
(2) Rules and regulations developed under this subsection shall include provisions for the competent supervision and care of children in day care facilities. For purposes of such rules and regulations, competent supervision as this term relates to children less than five years of age includes, but is not limited to, direction of activities, adequate oversight including sight or sound monitoring, or both, physical proximity to children, diapering and toileting practices; and for all children, competent supervision includes, but is not limited to, planning and supervision of daily activities, safe sleep practices, including, but not limited to, visual or sound monitoring, periodic checking, emergency response procedures and drills, illness and injury response procedures, food service preparation and sanitation, playground supervision, pool and water safety practices.
(d) In addition to any rules and regulations adopted under this section for safe sleep practices, child care facilities shall ensure that all of the following requirements are met for children under 12 months of age:
(1) A child shall only be placed to sleep on a surface and in an area that has been approved for use as such by the secretary of health and environment;
(2) the sleep surface shall be free from soft or loose bedding, including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and other types of play equipment or devices.
(e) Child care facilities shall ensure that children over 12 months of age only be placed to sleep on a surface and in an area that has been approved for use as such by the secretary of health and environment.
(f) The secretary of health and environment may exercise discretion to make exceptions to requirements in subsections (d) and (e) where special health needs exist.
(g) Each child cared for in a child care facility, including children of the person maintaining the facility, shall be required to have current such immunizations as the secretary of health and environment considers necessary. The person maintaining a child care facility shall maintain a record of each child's immunizations and shall provide to the secretary of health and environment such information relating thereto, in accordance with rules and regulations of the secretary, but the person maintaining a child care facility shall not have such person's license revoked solely for the failure to have or to maintain the immunization records required by this subsection.
(h) The immunization requirement of subsection (g) shall not apply if one of the following is obtained:
(1) Certification from a licensed physician stating that the physical condition of the child is such that immunization would endanger the child's life or health; or
(2) a written statement signed by the child's parent or guardian that such immunization violates sincerely held religious beliefs of the parent or guardian.
(i) On and after July 1, 2026, any references to day care facilities shall be under the administration of the director of early childhood.
History: L. 1919, ch. 210, § 8; R.S. 1923, 65-508; L. 1951, ch. 358, § 4; L. 1974, ch. 352, § 90; L. 1978, ch. 236, § 7; L. 1992, ch. 55, § 2; L. 1994, ch. 279, § 11; L. 1995, ch. 183, § 9; L. 1998, ch. 166, § 2; L. 2010, ch. 161, § 8; L. 2012, ch. 99, § 4; L. 2014, ch. 115, § 252; L. 2017, ch. 41, § 1; L. 2025, ch. 118, § 44; July 1.
§ 65-509 Repealed
Revisor's Note: Kansas adoption and relinquishment act, see 59-2111 et seq.
History: L. 1919, ch. 210, § 9; R.S. 1923, 65-509; L. 1984, ch. 224, § 1; Repealed, L. 1990, ch. 145, § 38; July 1.
§ 65-510 Unlawful for child care facility to care for adults; exceptions
It shall be unlawful for any child care facility to receive or care for any adult except as authorized by rules and regulations adopted by the secretary of health and environment.
History: L. 1919, ch. 210, § 10; R.S. 1923, 65-510; L. 1965, ch. 369, § 2; L. 1972, ch. 228, § 17; L. 1978, ch. 236, § 8; L. 1988, ch. 240, § 1; L. 1994, ch. 279, § 12; July 1.
§ 65-511 Repealed
History: L. 1919, ch. 210, § 11; R.S. 1923, 65-511; Repealed, L. 1994, ch. 279, § 32; July 1.
§ 65-512 Inspections; surveyor certification
(a) It is hereby made the duty of the secretary of health and environment to inspect or cause to be inspected at least once every 15 months prior to July 1, 2012, and once every 12 months thereafter, every maternity center or child care facility, unless otherwise provided in subsections (b) and (c). For the purpose of inspection, the secretary or the secretary's authorized agent, as an employee of the secretary or who has a contract with the secretary to provide inspections pursuant to K.S.A. 65-501 et seq.* and who holds a certificate issued pursuant to subsection (c), shall have the right of entry and access to every department and every place in the premises, to call for and examine the records that are required to be kept by the provisions of this act and to make and preserve a record of every inspection. The licensee shall give all reasonable information to the authorized agent of the secretary of health and environment and shall afford every reasonable facility for viewing the premises and seeing the patients or children therein. No such patient or child, without the consent of the patient or child's parent, shall be required to be interviewed by any agent.
(b) The secretary of health and environment shall conduct an inspection of any child care facility upon receiving a complaint. Any new child care facility shall be inspected prior to issuance of a license. The secretary may conduct an inspection of any child care facility that has a record of repeated complaints or serious violations at any time. Every 12 months, the secretary shall inspect any child care facility that provides services to military families receiving military assistance for child care.
(c) (1) The secretary shall create a surveyor certification and provide a minimum of yearly continuing education to qualify for such certification.
(2) If a surveyor fails to comply with the certification requirements established by the secretary as provided in paragraph (1), the secretary may require such surveyor to complete an improvement plan.
(3) If such surveyor does not satisfactorily complete the improvement plan, the secretary may terminate such surveyor's current certification.
(d) Persons conducting inspections and surveys pursuant to K.S.A. 65-501 et seq., and amendments thereto, shall hold a certification issued by the secretary.
History: L. 1919, ch. 210, § 12; R.S. 1923, 65-512; L. 1974, ch. 352, § 91; L. 1975, ch. 52, § 22; L. 1978, ch. 236, § 9; L. 1986, ch. 230, § 5; L. 1994, ch. 279, § 13; L. 2010, ch. 161, § 9; L. 2025, ch. 118, § 45; July 1.
§ 65-513 Changes or alterations required to comply with law; notice; duty of licensee
Whenever an authorized agent of the secretary of health and environment or secretary for children and families finds a maternity center or child care facility is not being conducted according to law, it shall be the duty of such agent to notify the licensee in writing of such changes or alterations as the agent determines necessary in order to comply with the requirements of the law, and the agent shall file a copy of such notice with the secretary of health and environment. It shall thereupon be the duty of the licensee to make such changes or alterations as are contained in the written notice within five days from the receipt of such notice. Notice shall be given in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1919, ch. 210, § 13; R.S. 1923, 65-513; L. 1951, ch. 358, § 5; L. 1974, ch. 352, § 92; L. 1978, ch. 236, § 10; L. 1984, ch. 313, § 94; L. 1994, ch. 279, § 14; L. 2014, ch. 115, § 253; July 1.
§ 65-514 Violations of article 5 of chapter 65; penalties; notice and hearing
Any person, firm, corporation or association who violates the provisions of article 5 of chapter 65 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $5 nor more than $50. Each and every day that the person fails or refuses to comply shall be deemed a separate offense under the provisions of article 5 of chapter 65 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto. If for 30 days after any final conviction for such violation or revocation of license the person still fails or refuses to comply with the orders in the notice under K.S.A. 65-513 and amendments thereto, upon notice and a hearing in accordance with the provisions of the Kansas administrative procedure act, the building or premises where such home is conducted may be closed until all provisions of this act shall have been complied with.
History: L. 1919, ch. 210, § 14; R.S. 1923, 65-514; L. 1974, ch. 352, § 93; L. 1984, ch. 313, § 95; L. 1989, ch. 189, § 1; July 1.
§ 65-515 Prosecutions
The county attorney of each county in this state is hereby authorized and required, upon complaint of any authorized agent of the secretary of health and environment, to file complaint and prosecute to the final determination all actions or proceedings against any person under the provisions of this act.
History: L. 1919, ch. 210, § 15; R.S. 1923, 65-515; L. 1974, ch. 352, § 94; July 1.
§ 65-516 Restrictions on persons maintaining or residing, working or volunteering at a child care facility; exceptions; criminal history check by secretary of health and environment; fingerprinting; fees; information to be provided to sponsoring child placement agency; child care criminal background and fingerprinting fund
(a) No person shall knowingly maintain a child care facility if an employee who, in this state or in other states or the federal government:
(1) (A) Has been convicted of a crime that is classified as a person felony under the Kansas criminal code;
(B) has been convicted of a felony under K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or any felony violation of any provision of the uniform controlled substances act prior to July 1, 2009;
(C) has been convicted of any act that is described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto, or been convicted of an attempt under K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto, to commit any such act or been convicted of conspiracy under K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, to commit such act, or similar statutes of any other state or the federal government;
(D) has been convicted of any act that is described in K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto, or similar statutes of any other state or the federal government; or
(E) has been convicted of any act that is described in K.S.A. 21-3718 or 21-3719, prior to their repeal, or K.S.A. 21-5812, and amendments thereto, or similar statutes of any other state or the federal government;
(2) except as provided in subsection (b), has been adjudicated a juvenile offender because of having committed an act which, if committed by an adult, would constitute the commission of a felony and that is a crime against persons, is any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54, 55 or 56 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326, 21-6418 through 21-6422 or 21-6424, and amendments thereto, or similar statutes of any other state or the federal government, or is any act described in K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto, or similar statutes of any other state or the federal government;
(3) has been convicted or adjudicated of a crime that requires registration as a sex offender under the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, as a sex offender in any other state or as a sex offender on the national sex offender registry;
(4) has committed an act of physical, mental or emotional abuse or neglect or sexual abuse and who is listed in the child abuse and neglect registry maintained by the Kansas department for children and families pursuant to K.S.A. 38-2226, and amendments thereto, or any similar child abuse and neglect registries maintained by any other state or the federal government and:
(A) The person has failed to successfully complete a corrective action plan that had been deemed appropriate and approved by the Kansas department for children and families or requirements of similar entities in any other state or the federal government; or
(B) the record has not been expunged pursuant to rules and regulations adopted by the secretary for children and families or similar entities in any other state or the federal government;
(5) has had a child removed from home based on a court order pursuant to K.S.A. 38-2251, and amendments thereto, in this state, or a court order in any other state based upon a similar statute that finds the child to be deprived or a child in need of care based on a finding of physical, mental or emotional abuse or neglect or sexual abuse and the child has not been returned to the home or the child reaches majority before being returned to the home and the person has failed to satisfactorily complete a corrective action plan approved by the department of health and environment;
(6) has had parental rights terminated pursuant to the revised Kansas code for care of children, or a similar statute of other states;
(7) has signed a diversion agreement pursuant to K.S.A. 22-2906 et seq., and amendments thereto, or an immediate intervention agreement pursuant to K.S.A. 38-2346, and amendments thereto, involving a charge of child abuse or a sexual offense; or
(8) has an infectious or contagious disease.
(b) If the secretary determines that there is no safety concern, the secretary may license a family foster home, as defined in K.S.A. 38-134, and amendments thereto, when a person who has been adjudicated as a juvenile offender for an offense described in subsection (a)(2):
(1) Was a child in the custody of the secretary and placed with such family foster home by the secretary;
(2) is 18 years of age or older;
(3) (A) maintains residence at such family foster home; or
(B) has been legally adopted by any person who resides at such family foster home; and
(4) six months have passed since the date of adjudication.
(c) No person shall maintain a child care facility if such person has been found to be a person in need of a guardian or a conservator, or both, as provided in K.S.A. 59-3050 through 59-3095, and amendments thereto.
(d) Any person who resides in a child care facility and who has been found to be in need of a guardian or a conservator, or both, shall be counted in the total number of children allowed in care.
(e) In accordance with the provisions of this subsection, the secretary of health and environment shall have access to any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information including, but not limited to, diversion agreements, in the possession of the Kansas bureau of investigation and any report of investigations as authorized by K.S.A. 38-2226, and amendments thereto, in the possession of the Kansas department for children and families or court of this state concerning employees in a child care facility. The secretary shall have access to these records for the purpose of determining whether or not the home meets the requirements of K.S.A. 59-2132, 65-503, 65-508 and 65-516, and amendments thereto.
(f) In accordance with the provisions of this subsection, the secretary is authorized to conduct national criminal history record checks to determine criminal history on employees in a child care facility. In order to conduct a national criminal history check the secretary shall require fingerprinting for identification and determination of criminal history in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(g) (1) The secretary shall adopt rules and regulations to fix a fee for fingerprinting employees in a child care facility, as may be required by the department to reimburse the department for the cost of the fingerprinting.
(2) The secretary shall remit all moneys received from the fees established under this section to the state treasurer in accordance with 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 child care criminal background and fingerprinting fund.
(h) The child care criminal background and fingerprinting fund is hereby created in the state treasury to be administered by the secretary of health and environment. All moneys credited to the child care criminal background and fingerprinting fund shall be used to pay local and state law enforcement officers and agencies for the processing of fingerprints and criminal history background checks for the department. All expenditures from the child care criminal background and fingerprinting fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person designated by the secretary.
(i) The secretary shall notify the child care applicant or licensee, within seven days by certified mail with return receipt requested, when the result of the national criminal history record check or other appropriate review reveals unfitness specified in subsections (a)(1) through (8) with regard to the person who is the subject of the review.
(j) No child care facility or the employees thereof, shall be liable for civil damages to any person refused employment or discharged from employment by reason of such facility's or home's compliance with the provisions of this section if such home acts in good faith to comply with this section.
(k) For the purpose of subsection (a)(3), a person listed in the child abuse and neglect central registry shall not be prohibited from residing, working or volunteering in a child care facility unless such person has:
(1) Had an opportunity to be interviewed and present information during the investigation of the alleged act of abuse or neglect; and
(2) been given notice of the agency decision and an opportunity to appeal such decision to the secretary and to the courts pursuant to the Kansas judicial review act.
(l) In regard to Kansas issued criminal history records:
(1) The secretary of health and environment shall provide in writing information available to the secretary to each child placement agency requesting information under this section, including the information provided by the Kansas bureau of investigation pursuant to this section, for the purpose of assessing the fitness of persons living, working or regularly volunteering in a family foster home under the child placement agency's sponsorship.
(2) The child placement agency is considered to be a governmental entity and the designee of the secretary of health and environment for the purposes of obtaining, using and disseminating information obtained under this section.
(3) The information shall be provided to the child placement agency regardless of whether the information discloses that the subject of the request has been convicted of any offense.
(4) Whenever the information available to the secretary reveals that the subject of the request has no criminal history on record, the secretary shall provide notice thereof in writing to each child placement agency requesting information under this section.
(5) Any staff person of a child placement agency who receives information under this subsection shall keep such information confidential, except that the staff person may disclose such information on a need-to-know basis to:
(A) The person who is the subject of the request for information;
(B) the applicant or operator of the family foster home in which the person lives, works or regularly volunteers;
(C) the department of health and environment;
(D) the Kansas department for children and families;
(E) the department of corrections; and
(F) the courts.
(6) A violation of paragraph (5) shall be an unclassified misdemeanor punishable by a fine of $100 for each violation.
(m) (1) No person shall maintain a day care facility unless such person is a high school graduate or the equivalent thereof, except where extraordinary circumstances exist, the secretary of health and environment may exercise discretion to make exceptions to this requirement. The provisions of this subsection shall not apply to any person who was maintaining a day care facility on the day immediately prior to July 1, 2010, or who had an application for an initial license or the renewal of an existing license pending on July 1, 2010.
(2) This subsection shall expire on June 30, 2026.
History: L. 1980, ch. 184, § 2; L. 1982, ch. 259, § 2; L. 1983, ch. 140, § 46; L. 1984, ch. 225, § 1; L. 1985, ch. 210, § 1; L. 1987, ch. 233, § 1; L. 1988, ch. 232, § 10; L. 1991, ch. 185, § 1; L. 1994, ch. 279, § 15; L. 1996, ch. 229, § 117; L. 2002, ch. 114, § 74; L. 2006, ch. 169, § 116; L. 2007, ch. 147, § 1; L. 2009, ch. 32, § 53; L. 2010, ch. 74, § 13; L. 2010, ch. 155, § 18; L. 2011, ch. 30, § 235; L. 2012, ch. 99, § 5; L. 2012, ch. 166, § 10; L. 2014, ch. 115, § 254; L. 2017, ch. 41, § 2; L. 2018, ch. 47, § 1; L. 2021, ch. 111, § 5; L. 2024, ch. 15, § 45; L. 2025, ch. 118, § 46; July 1.
§ 65-516a Repealed
History: L. 1980, ch. 184, § 2; L. 1982, ch. 259, § 2; L. 1983, ch. 140, § 46; L. 1984, ch. 225, § 1; L. 1985, ch. 210, § 1; L. 1987, ch. 233, § 1; L. 1988, ch. 232, § 10; L. 1991, ch. 185, § 1; L. 1994, ch. 279, § 15; L. 1996, ch. 229, § 117; L. 2002, ch. 114, § 74; L. 2006, ch. 200, § 109; Repealed, L. 2007, ch. 147, § 2; July 1.
§ 65-516b Repealed
History: L. 1980, ch. 184, § 2; L. 1982, ch. 259, § 2; L. 1983, ch. 140, § 46; L. 1984, ch. 225, § 1; L. 1985, ch. 210, § 1; L. 1987, ch. 233, § 1; L. 1988, ch. 232, § 10; L. 1991, ch. 185, § 1; L. 1994, ch. 279, § 15; L. 1996, ch. 229, § 117; L. 2002, ch. 114, § 74; L. 2006, ch. 169, § 116; L. 2007, ch. 147, § 1; L. 2009, ch. 32, § 53; L. 2010, ch. 161, § 10; Repealed, L. 2011, ch. 30, § 288; July 1.
§§ 65-517, 65-518 Repealed
History: L. 1980, ch. 184, §§ 3, 4; L. 1994, ch. 279, §§ 16, 17; Repealed, L. 2010, ch. 161, § 20; July 1.
§ 65-519 Repealed
History: L. 1980, ch. 184, § 5; L. 1982, ch. 259, § 3; L. 1983, ch. 140, § 47; L. 1984, ch. 225, § 2; L. 1986, ch. 230, § 3; L. 1992, ch. 55, § 1; L. 1994, ch. 279, § 18; L. 1995, ch. 183, § 10; L. 2001, ch. 5, § 218; Repealed, L. 2010, ch. 161, § 20; July 1.
§ 65-520 Repealed
History: L. 1980, ch. 184, § 6; Repealed, L. 2010, ch. 161, § 20; July 1.
§ 65-521 Repealed
History: L. 1980, ch. 184, § 7; L. 1984, ch. 313, § 96; L. 1986, ch. 230, § 4; L. 1988, ch. 239, § 2; L. 1989, ch. 188, § 2; L. 1994, ch. 279, § 19; Repealed, L. 2010, ch. 161, § 20; July 1.
§ 65-522 Repealed
History: L. 1980, ch. 184, § 8; Repealed, L. 2010, ch. 161, § 20; July 1.
§ 65-523 Grounds for limitation, modification or suspension of license or temporary permit
The secretary may limit, modify or suspend any license or temporary permit issued under the provisions of K.S.A. 65-501 through 65-516, and amendments thereto, upon any of the following grounds and in the manner provided in this act:
(a) Violation by the licensee or holder of a temporary permit of any provision of this act or of the rules and regulations promulgated under this act;
(b) aiding, abetting or permitting the violating of any provision of this act or of the rules and regulations promulgated under this act;
(c) conduct in the operation or maintenance, or both the operation and maintenance, of a maternity center or child care facility which is inimical to the health, safety or welfare of any woman or child receiving services from such maternity center or child care facility, or the public;
(d) the conviction of a licensee or holder of a temporary permit, at any time during licensure or during the time the temporary permit is in effect, of crimes as defined in K.S.A. 65-516, and amendments thereto; and
(e) a third or subsequent violation by the licensee or holder of a temporary permit of subsection (b) of K.S.A. 65-530, and amendments thereto.
History: L. 1985, ch. 209, § 3; L. 1994, ch. 279, § 20; L. 2010, ch. 161, § 11; L. 2012, ch. 99, § 6; July 1.
§ 65-524 Suspension, limitation or modification of license or temporary permit prior to hearing; procedure
The secretary may limit, modify or suspend any license or temporary permit issued under the provisions of K.S.A. 65-501 through 65-516, and amendments thereto, prior to any hearing when, in the opinion of the secretary, the action is necessary to protect any child in the child care facility from physical or mental abuse, abandonment or any other substantial threat to health, safety or welfare. Administrative proceedings under this section shall be conducted in accordance with the emergency adjudicative proceedings of the Kansas administrative procedure act and in accordance with other relevant provisions of the Kansas administrative procedure act.
History: L. 1985, ch. 209, § 4; L. 1994, ch. 279, § 21; L. 2010, ch. 161, § 12; L. 2012, ch. 99, § 7; July 1.
§ 65-525 Disclosure of certain information prohibited, exceptions; consent to disseminate certain information required
(a) Records in the possession of the department of health and environment or its agents regarding child care facilities or maternity centers shall not be released publicly in a manner that would identify individuals, except individual names of licensees, applicants, facilities and maternity centers may be released. Nothing in this section prohibits release of any information as required by law.
(b) Records in the possession of the department of health and environment or its agents regarding child care facilities or maternity centers may be released to: (1) An agency or organization authorized to receive notice under K.S.A. 65-506, and amendments thereto; (2) any local, state or federal governmental entity or subdivision thereof; (3) any child and adult care food program sponsoring agency; or (4) any disaster or emergency entity.
(c) The secretary of health and environment shall prohibit the release of the name, address and telephone number of a maternity center or child care facility when the secretary determines that prohibition of the release of the information is necessary to protect the health, safety or welfare of the public or the patients or children enrolled in the maternity center or child care facility.
(d) Any records under subsection (a), (b) or (c) shall be available to any member of the standing committee on appropriations of the house of representatives or the standing committee on ways and means of the senate carrying out such member's or committee's official functions in accordance with K.S.A. 75-4319, and amendments thereto, in a closed or executive meeting. Except in limited conditions established by ⅔ of the members of such committee, records received by the committee shall not be further disclosed. Unauthorized disclosure may subject such member to discipline or censure from the house of representatives or senate. Such records shall not identify individuals but shall include data and contract information concerning specific facilities.
(e) In any hearings conducted under the licensing or regulation provisions of K.S.A. 65-501 et seq., and amendments thereto, the presiding officer may close the hearing to the public to prevent public disclosure of matters relating to persons restricted by other laws.
History: L. 1985, ch. 201, § 1; L. 1996, ch. 229, § 157; L. 2000, ch. 127, § 2; L. 2001, ch. 190, § 1; L. 2004, ch. 145, § 19; L. 2010, ch. 161, § 13; July 1, 2011.
§ 65-526 Civil fine assessed against licensee; limitations
(a) The secretary of health and environment, in addition to any other penalty prescribed under article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, may assess a civil fine, after proper notice and an opportunity to be heard in accordance with the Kansas administrative procedure act, against a licensee for each violation of such provisions or rules and regulations adopted pursuant thereto which affect significantly and adversely the health, safety or sanitation of children in a child care facility. Each civil fine assessed under this section shall not exceed $500. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) 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.
History: L. 1988, ch. 239, § 3; L. 1994, ch. 279, § 22; L. 1999, ch. 19, § 1; L. 2001, ch. 5, § 219; L. 2004, ch. 145, § 20; L. 2010, ch. 161, § 14; July 1.
§ 65-527 Youth development and school-age programs in schools and public recreation centers; definitions; licensing; inspections
(a) As used in this section:
(1) "Child" means an individual who is enrolled or attending kindergarten, is less than 18 years of age, is not a volunteer or employee and is attending a youth development program.
(2) "Premises" means the location, including the building and adjoining grounds, for which the applicant has a temporary permit or license to conduct a youth development program.
(3) "Public recreation center" means any building used by a political or taxing subdivision of this state, or by an agency of such subdivision, for recreation programs that serve children who are less than 18 years of age.
(4) "School" means any building used for instruction of students enrolled in kindergarten or any of the grades one through 12 by a school district or an accredited nonpublic school.
(5) "School-age program" means a child care facility that serves exclusively school-age children and youth but does not include a youth development program.
(6) "Youth development program" means a child care facility where youth activities are conducted that is not located in an individual's residence and that serves children who are enrolled in kindergarten to less than 18 years of age.
(b) No license for a youth development program or school-age program shall be denied, suspended or revoked on the basis that the building does not meet the requirements for licensure if the building:
(1) Is a public recreation center or school and is used by school-age children and youth that are of the same age as children and who are cared for in a youth development program or school-age program;
(2) complies, during all hours of operation of a youth development program or school-age program, with the Kansas fire prevention code or a building code that is by law deemed to comply with the Kansas fire prevention code; and
(3) complies, except as provided in subsection (c), during all hours of operation of a youth development program or school-age program, with all local building code provisions that apply to recreation centers if the building is a public recreation center or to schools if the building is a school.
(c) If the standards that a building is required to comply with pursuant to subsections (b)(2) and (b)(3) conflict or are otherwise inconsistent, then the standards provided by subsection (b)(2) shall control.
(d) No license for a youth development program or school-age program that operates in accordance with subsection (b)(1) shall be denied, suspended or revoked based on an environmental deficiency and shall be approved or renewed if:
(1) The environmental deficiency does not pose an imminent risk to children and youth;
(2) the environmental deficiency is outside the applicant's or licensee's immediate authority to correct; and
(3) the applicant or licensee has notified the public recreation center or school of the environmental deficiency.
(e) Whenever drop-in program or words of like effect, are referred to or designated by any statute, rule or regulation, contract or any other document, such reference or designation shall apply to a youth development program.
(f) If a licensed youth development program or school age program operates on or within the premises of a public or private school that is required to pass a fire safety inspection each school year pursuant to K.S.A. 31-144(b), and amendments thereto, no additional fire safety inspection of the licensed youth development program or school age program shall be required by the director, the state fire marshal, the fire chief or any local political or taxing subdivision.
(g) This section shall expire on June 30, 2026.
History: L. 1992, ch. 125, § 1; L. 2018, ch. 30, § 1; L. 2025, ch. 118, § 47; July 1.
§ 65-528 Child care policy of state; desired outcome
(a) The desired outcome of the child care policy of the state of Kansas is that families be able to fulfill their roles as primary child care givers and educators of young children by having access to high quality, affordable child care. The following principles shall guide development and implementation of state policy to achieve that outcome:
(1) Family self-sufficiency. A stable source of child care is a critical ingredient to economic self-sufficiency. Child care policies and programs must facilitate a smooth transition into the work force for parents and a rich and stable environment for children.
(2) Investment in children. Child care is a critical investment that affects a child's readiness to learn. High quality child care programs recognize and implement good early childhood practices.
(3) Consumer orientation and education. Child care policies and programs must be responsive to the changing needs of families and educate families about available options, identifying quality programs and selecting appropriate care.
(4) Accessibility. High quality child care must be available to any family seeking care regardless of where the family lives or the special needs of the child. A centralized place in local communities must be available to facilitate parents' access to child care.
(5) Affordability. High quality child care must be available on a sliding scale basis, with families contributing based on ability to pay.
(6) Diversity. It is the goal of the state to strive wherever possible to provide child care in an integrated setting where children with various needs and of various income levels and cultures are cared for together.
(7) Efficient, coordinated administration and support for infrastructure. Child care programs must be coordinated to ensure the most effective use of federal, state, local and private funds. State child care agencies and policies must support the orderly development of a high quality child care system working with local and private providers.
(b) Any state agency involved in implementing any part of the state's child care policy shall develop appropriate measures of progress toward achievement of the stated outcome under the oversight of the joint committee on children and families in accordance with K.S.A. 46-2001 et seq. and amendments thereto.
History: L. 1994, ch. 279, § 1; July 1.
§ 65-529 Continuation of effect of license, registration or permit
Any license, certificate of registration or temporary permit which was issued prior to the effective date of this act and which is in effect on the effective date of this act shall continue in effect until the expiration thereof, unless suspended or revoked prior to such time.
History: L. 1994, ch. 279, § 23; July 1.
§ 65-530 Smoking prohibited in day care homes
(a) As used in this section:
(1) "Day care home" means a day care home as defined under Kansas administrative regulation 28-4-113 and a group day care home as defined under Kansas administrative regulation 28-4-113.
(2) "Smoking" means possession of a lighted cigarette, cigar, pipe or burning tobacco in any other form or device designed for the use of tobacco.
(b) Smoking within any room, enclosed area or other enclosed space of a facility or facilities of a day care home during a time when children who are not related by blood, marriage or legal adoption to the person who maintains the home are being cared for, as part of the operation of the day care home, within the facility or facilities is hereby prohibited. Nothing in this subsection shall be construed to prohibit smoking on the premises of the day care home outside the facility or facilities of a day care home, including but not limited to porches, yards or garages.
(c) Each child care license shall contain a statement in bold print that smoking is prohibited within a room, enclosed area or other enclosed space of the facility or facilities of the day care home under the conditions specified in subsection (b). The statement shall be phrased in substantially the same language as subsection (b). The license shall be posted in a conspicuous place in the facility or facilities.
(d) Each day care home shall be equipped with a fire extinguisher which shall be maintained in an operable condition in a readily accessible location.
(e) The secretary of health and environment may levy a civil fine under K.S.A. 65-526, and amendments thereto, against any day care home for a first or second violation of this section. A third or subsequent violation shall be subject to the provisions of K.S.A. 65-523, and amendments thereto.
(f) In addition to any civil fine which may be levied pursuant to subsection (d), any day care home that violates any provision of this section may also be subject to criminal punishment pursuant to K.S.A. 21-4012, and amendments thereto.
History: L. 1994, ch. 279, § 26; L. 2010, ch. 8, § 7; L. 2011, ch. 91, § 28; July 1.
§ 65-530a Repealed
History: L. 1994, ch. 279, § 26; L. 2010, ch. 161, § 15; Repealed, L. 2011, ch. 91, § 41; July 1.
§ 65-531 Immunization information and records; disclosure
(a) Except as provided further, information and records that pertain to the immunization status of persons against childhood diseases as required by K.S.A. 65-508, and amendments thereto, may be disclosed and exchanged without a parent or guardian's written release authorizing such disclosure, to the following, who need to know such information to assure compliance with state statutes or to achieve age-appropriate immunization status for children:
(1) Employees of public agencies or departments;
(2) health records staff of child care facilities, including, but not limited to, facilities licensed by the secretary of health and environment;
(3) persons other than public employees who are entrusted with the regular care of those under the care and custody of a state agency, including, but not limited to, group homes, residential care facilities and adoptive or foster homes; and
(4) healthcare professionals.
(b) Notwithstanding K.S.A. 60-427, and amendments thereto, or any other Kansas statute that provides for privileged information between a patient and a healthcare provider, there shall be no privilege preventing the furnishing of information and records as authorized by this section by any healthcare provider.
(c) Information and records that pertain to the immunization status of persons against childhood diseases as required by K.S.A. 65-508, and amendments thereto, whose parent or guardian has submitted a written statement of sincerely held religious beliefs regarding immunization as provided in K.S.A. 65-508, and amendments thereto, may not be disclosed or exchanged without a parent or guardian's written release authorizing such disclosure.
History: L. 1996, ch. 229, § 156; L. 2010, ch. 161, § 16; L. 2025, ch. 118, § 48; July 1.
§ 65-532 Lexie's law
The changes to law in this act [*] shall be known as Lexie's law.
History: L. 2010, ch. 161, § 1; July 1.
§ 65-533 Expired
History: L. 2010, ch. 161, § 17; Expired, July 1, 2011.
§ 65-534 Online information dissemination system; rules and regulations
On or before July 1, 2011, the secretary of health and environment shall establish or cause to be established an online information dissemination system that is accessible to the public, including names of licensees, applicants and history of citations and substantiated findings. The secretary of health and environment shall adopt rules and regulations which are consistent with the requirements for the receipt of child care ARRA funds and which provide for the establishment of an online information dissemination system in accordance with the provisions of this subsection. The notice of hearing on the initial rules and regulations proposed to be adopted under this subsection shall be published in the Kansas register after February 14, 2011, but prior to March 11, 2011.
History: L. 2010, ch. 161, § 18; July 1.
§ 65-535 Staff secure facility; requirements; services; rules and regulations
(a) A staff secure facility shall:
(1) Not include construction features designed to physically restrict the movements and activities of residents, but shall have a design, structure, interior and exterior environment, and furnishings to promote a safe, comfortable and therapeutic environment for the residents;
(2) implement written policies and procedures that include the use of a combination of supervision, inspection and accountability to promote safe and orderly operations;
(3) rely on locked entrances and delayed-exit mechanisms to secure the facility, and implement reasonable rules restricting entrance to and egress from the facility;
(4) implement written policies and procedures for staff monitoring of all facility entrances and exits;
(5) implement written policies and procedures for the screening and searching of both residents and visitors;
(6) implement written policies and procedures for knowing the whereabouts of all residents at all times and for handling runaways and unauthorized absences; and
(7) implement written policies and procedures for determining when the movements and activities of individual residents may, for treatment purposes, be restricted or subject to control through the use of intensive staff supervision.
(b) A staff secure facility shall provide the following services to children placed in such facility, as appropriate, for the duration of the placement:
(1) Case management;
(2) life skills training;
(3) health care;
(4) mental health counseling;
(5) substance abuse screening and treatment; and
(6) any other appropriate services.
(c) Service providers in a staff secure facility shall be trained to counsel and assist victims of human trafficking and sexual exploitation.
(d) A staff secure facility may be on the same premises as that of another licensed facility. If the staff secure facility is on the same premises as that of another licensed facility, the living unit of the staff secure facility shall be maintained in a separate, self-contained unit. No staff secure facility shall be in a city or county jail.
(e) The secretary for children and families, in consultation with the attorney general, shall promulgate rules and regulations to implement the provisions of this section on or before January 1, 2017.
(f) This section shall be part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2013, ch. 120, § 6; L. 2014, ch. 28, § 7; L. 2016, ch. 102, § 20; July 1.
§ 65-536 Juvenile crisis intervention centers; requirements; premises; admission; treatment plans; rules and regulations; annual report; definitions
(a) A juvenile crisis intervention center is a facility that provides short-term observation, assessment, treatment and case planning, and referral for any juvenile who is experiencing a behavioral health crisis and is likely to cause harm to self or others. Such centers shall:
(1) Address or ensure access to the broad range of services to meet the needs of a juvenile admitted to the center, including, but not limited to, medical, psychiatric, psychological, social, educational and substance abuse-related services;
(2) not include construction features designed to physically restrict the movements and activities of juveniles, but shall have a design, structure, interior and exterior environment, and furnishings to promote a safe, comfortable and therapeutic environment for juveniles admitted to the center;
(3) implement written policies and procedures that include the use of a combination of supervision, inspection and accountability to promote safe and orderly operations; and
(4) implement written policies and procedures for staff monitoring of all center entrances and exits.
(b) A juvenile crisis intervention center shall provide treatment to juveniles admitted to such center, as appropriate while admitted.
(c) A juvenile crisis intervention center may be on the same premises as that of another licensed facility. If the juvenile crisis intervention center is on the same premises as that of another licensed facility, the living unit of the juvenile crisis intervention center shall be maintained in a separate, self-contained unit. No juvenile crisis intervention center shall be in a city or county jail or a juvenile detention facility.
(d) (1) A juvenile may be admitted to a juvenile crisis intervention center when:
(A) The head of such center determines such juvenile is in need of treatment and likely to cause harm to self or others;
(B) a qualified mental health professional from a community mental health center has given written authorization for such juvenile to be admitted to a juvenile crisis intervention center; and
(C) no other more appropriate treatment services are available and accessible to the juvenile at the time of admission.
(2) A juvenile may be admitted to a juvenile crisis intervention center for not more than 30 days. A parent with legal custody or legal guardian of a juvenile placed in a juvenile crisis intervention center may remove such juvenile from the center at any time. If the removal may cause the juvenile to become a child in need of care pursuant to K.S.A. 38-2202(d), and amendments thereto, the head of a juvenile crisis intervention center may report such concerns to the department for children and families or law enforcement or may request the county or district attorney to initiate proceedings pursuant to the revised Kansas code for care of children. If the head of a juvenile crisis intervention center determines the most appropriate action is to request the county or district attorney to initiate proceedings pursuant to the revised Kansas code for care of children, the head of such center shall make such request and shall keep such juvenile in the center for an additional 24-hour period to initiate the appropriate proceedings.
(3) When a juvenile is released from a juvenile crisis intervention center, the managed care organization, if the juvenile is a medicaid recipient, and the community mental health center serving the area where the juvenile is being discharged shall be involved with discharge planning. Within seven days prior to the discharge of a juvenile, the head of the juvenile crisis intervention center shall give written notice of the date and time of the discharge to the patient, the managed care organization, if the juvenile is a medicaid recipient, and the community mental health center serving the area where the juvenile is being discharged, and the patient's parent, custodian or legal guardian.
(e) (1) Upon admission to a juvenile crisis intervention center, and if the juvenile is a medicaid recipient, the managed care organization shall approve services as recommended by the head of the juvenile crisis intervention center. Within 14 days after admission, the head of the juvenile crisis intervention center shall develop a plan of treatment for the juvenile in collaboration with the managed care organization.
(2) Nothing in this subsection shall prohibit the department of health and environment from administering or reimbursing state medicaid services to any juvenile admitted to a juvenile crisis intervention center pursuant to a waiver granted under section 1915(c) of the federal social security act, provided that such services are not administered through a managed care delivery system.
(3) Nothing in this subsection shall prohibit the department of health and environment from reimbursing any state medicaid services that qualify for reimbursement and that are provided to a juvenile admitted to a juvenile crisis intervention center.
(4) Nothing in this subsection shall impair or otherwise affect the validity of any contract in existence on July 1, 2018, between a managed care organization and the department of health and environment to provide state medicaid services.
(5) On or before January 1, 2019, the secretary of health and environment shall submit to the United States centers for medicare and medicaid services any approval request necessary to implement this subsection.
(f) The secretary for children and families, in consultation with the attorney general, shall promulgate rules and regulations to implement the provisions of this section on or before January 1, 2019.
(g) The secretary for children and families shall annually report information on outcomes of juveniles admitted into juvenile crisis intervention centers to the J. Russell (Russ) Jennings joint committee on corrections and juvenile justice oversight, the corrections and juvenile justice committee of the house of representatives and the judiciary committee of the senate. Such report shall include:
(1) The number of admissions, releases and the lengths of stay for juveniles admitted to juvenile crisis intervention centers;
(2) services provided to juveniles admitted;
(3) needs of juveniles admitted determined by evidence-based assessment; and
(4) success and recidivism rates, including information on the reduction of involvement of the child welfare system and juvenile justice system with the juvenile.
(h) The secretary of corrections may enter into memorandums of agreement with other cabinet agencies to provide funding, not to exceed $2,000,000 annually, from the evidence-based programs account of the state general fund or other available appropriations for juvenile crisis intervention services.
(i) For the purposes of this section:
(1) "Behavioral health crisis" means behavioral and conduct issues that impact the safety or health of a juvenile, members of the juvenile's household or family or members of the community, including, but not limited to, non-life threatening mental health and substance abuse concerns;
(2) "head of a juvenile crisis intervention center" means the administrative director of a juvenile crisis intervention center or such person's designee;
(3) "juvenile" means a person who is less than 18 years of age;
(4) "likely to cause harm to self or others" means that a juvenile, by reason of the juvenile's behavioral health condition, mental disorder or mental condition is likely, in the reasonably foreseeable future, to cause substantial physical injury or physical abuse to self or others or substantial damage to another's property, as evidenced by behavior threatening, attempting or causing such injury, abuse or damage;
(5) "treatment" means any service intended to promote the mental health of the patient and rendered by a qualified professional, licensed or certified by the state to provide such service as an independent practitioner or under the supervision of such practitioner; and
(6) "qualified mental health professional" means a physician or psychologist who is employed by a participating mental health center or who is providing services as a physician or psychologist under a contract with a participating mental health center, a licensed masters level psychologist, a licensed clinical psychotherapist, a licensed marriage and family therapist, a licensed clinical marriage and family therapist, a licensed professional counselor, a licensed clinical professional counselor, a licensed specialist social worker or a licensed master social worker or a registered nurse who has a specialty in psychiatric nursing, who is employed by a participating mental health center and who is acting under the direction of a physician or psychologist who is employed by, or under contract with, a participating mental health center.
(j) This section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2018, ch. 107, § 1; L. 2023, ch. 96, § 12; L. 2024, ch. 100, § 9; July 1.
§ 65-536a Repealed
History: L. 2018, ch. 107, § 1; L. 2023, ch. 21, § 2; Repealed, L. 2024, ch. 100, § 16; July 1.
§ 65-537 Childcare center director, lead teacher, assistant teacher requirements; waivers for such requirements; administration by director of early childhood on and after July 1, 2026
(a) Each licensed child care center that provides care to any number or type of child shall hire a program director or lead teacher who:
(1) Is at least 18 years of age;
(2) has a high school diploma or equivalent; and
(3) has one of at least four educational or experience-based criteria specific to such licensure as determined by the director, which shall include one non-academic experience-based option for qualifications under this paragraph.
(b) Each licensed child care center may hire assistant teachers. Each assistant teacher shall be at least 16 years of age and have necessary skills and abilities as determined by the director. The director shall not require assistant teachers to meet educational requirements.
(c) Waivers to this section may be granted on a case-by-case basis by the secretary in accordance with K.S.A. 2025 Supp. 65-541, and amendments thereto.
(d) On and after July 1, 2026, this section shall be administered by the director of early childhood and waivers to this section may be granted on a case-by-case basis by the director based on a recommendation from the deputy director of child care licensure and finance in accordance with K.S.A. 2025 Supp. 65-541, and amendments thereto.
(e) From July 1, 2025, through June 30, 2026, this section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 118, § 1; July 1.
§ 65-538 Professional development requirements to care for children; submission of proof of requirements met; administration by director of early childhood on and after July 1, 2026
(a) (1) For each licensure year beginning after July 1, 2025, each person who provides care to children in a licensed child care home shall complete professional development training in an amount determined by the secretary of health and environment of up to 10 clock hours per licensure year.
(2) Such training shall consist of a minimum of eight hours of training specified by the secretary.
(3) As part of the professional development training required under this subsection:
(A) Each person who provides care to children in a licensed child care home shall submit to the secretary proof of completion of up to four hours of such outside training in child care or any related subject. The secretary shall retain records of such person's compliance with this requirement; and
(B) a person who maintains a licensed child care home with one provider, if such provider provides care simultaneously to four infants at any time during the licensure year, shall submit to the secretary proof of completion of at least three hours of such professional development training in an infant-specific subject. The secretary shall retain records of such person's compliance with this requirement.
(b) The secretary shall update rules and regulations to not require licensure for an individual who provides care for less than 35 hours, unless otherwise increased by the secretary, to four or fewer children, not more than two of whom may be infants who are not related to the individual by blood, marriage or legal adoption, nor to individuals who provide care for children in such child's own home or when care is arranged between friends and neighbors on an irregular basis.
(c) The secretary shall update rules and regulations regarding child ratios on or before October 1, 2025.
(d) On and after July 1, 2026, this section shall be administered by the director of early childhood.
(e) From July 1, 2025, through June 30, 2026, this section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 118, § 2; July 1.
§ 65-539 Local code requirements for child care centers; space required for such centers; administration by director of early childhood on and after July 1, 2026
(a) A licensed child care center shall meet the legal requirements of the local jurisdiction where the child care center is located for fire protection, water supply and sewage disposal.
(b) (1) The designated area for children's activities shall contain a minimum of 28 square feet of floor space per child, excluding kitchens, passageways, storage areas and bathrooms.
(2) There shall be a minimum of 60 square feet of outdoor play space on the premises for each child using the space at any given time.
(c) On and after July 1, 2026, this section shall be administered by the director of early childhood.
(d) From July 1, 2025, to June 30, 2026, this section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 118, § 3; July 1.
§ 65-540 Residence not required for licensed child care homes; administration by director of early childhood on and after July 1, 2026
(a) The secretary of health and environment shall not require as a condition of licensure for a child care home that the licensee live in the child care home.
(b) On and after July 1, 2026, this section shall be administered by the director of early childhood.
(c) From July 1, 2025, through June 30, 2026, this section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 118, § 4; July 1.
§ 65-541 Waivers available to licensure requirements; form and manner of such waiver requests; waivers to be granted by the secretary; administration by director of early childhood on and after July 1, 2026
(a) (1) Notwithstanding any law to the contrary, a person granted licensure to maintain a day care facility may request from the secretary of health and environment a waiver from the requirements of this act for a set period of time. Waiver requests shall be made in a form and manner approved by the secretary and shall contain the provisions of the statute sought to be waived.
(2) Such waiver request shall be submitted to the secretary and may be granted on a case-by-case basis.
(b) (1) On and after July 1, 2026, notwithstanding any law to the contrary, a person granted licensure to maintain a day care facility may request a waiver from the requirements of this act for a set period of time. Waiver requests shall be made in a form and manner approved by the director of early childhood and shall contain the provisions of the statute sought to be waived.
(2) Such waiver request shall be submitted to the deputy director of child care licensure and finance. Upon a recommendation by the deputy director of child care licensure and finance on a case-by-case basis, the director may grant a waiver.
(c) From July 1, 2025, through June 30, 2026, this section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 118, § 5; July 1.
§ 65-542 Pilot programs; licensure; waivers of license requirements; licenses and waivers to be granted by the secretary; five-year license limitation; exceptions; recommendations to legislature; administration by the director of early childhood on and after July 1, 2026
(a) (1) Notwithstanding any other law to the contrary, the secretary of health and environment may develop and operate pilot programs designed to increase the availability or capacity of day care facilities in the state. Such pilot programs may request state funding for operations, subject to appropriations.
(2) The secretary may grant licensure to a person to maintain a day care facility or youth development program in a pilot program under this section that waives the requirements of this act or rules and regulations related to licensure and operation of a day care facility or youth development program, including requirements for staff at such day care facility or youth development program. A day care facility or youth development program granted a license under this section shall comply with any alternative terms, conditions and requirements set by the secretary as may be necessary to protect the health, safety and welfare of any children who attend such day care facility or youth development program.
(3) The secretary shall not grant a license under this section if the secretary determines that a day care facility or youth development program or staff of such facility or program would endanger the health, safety and welfare of any child.
(b) The secretary may grant licensure to a person to maintain a day care facility or youth development program under this section for up to five licensure years, except that the secretary may grant an additional two years of licensure to any facility or program that participated in a pilot program pursuant to subsection (c).
(c) If the secretary determines that a pilot program has been successful and will increase the availability or capacity of child care facilities in the state, the secretary shall make suggestions and recommendations to the legislature for statutory changes relating to day care facilities or youth development programs.
(d) On and after July 1, 2026, this section shall be administered by the director of early childhood.
(e) From July 1, 2025, through June 30, 2026, this section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 118, § 6; July 1.
§ 65-543 Prohibition of restrictions on certain passenger vans; administration by director of early childhood on and after July 1, 2026
(a) The secretary of health and environment shall not impose restrictions on the use of 15-passenger vans purchased on or before July 1, 2025.
(b) On and after July 1, 2026, this section shall be administered by the director of early childhood.
(c) From July 1, 2025, through June 30, 2026, this section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 118, § 7; July 1.
§ 65-544 Prohibition on expending state or federal funds for unfilled child care slots; administration by director of early childhood on and after July 1, 2026
(a) To the extent that funds expended for child care services are subject to federal requirements and appropriation acts of the legislature, such funds shall not be expended by any agency or office to reimburse providers for unfilled child care slots, not including reimbursement for a child who is temporarily absent due to illness or other reason and intend to resume receiving child care services.
(b) On and after July 1, 2026, this section shall be administered by the director of early childhood.
(c) From July 1, 2025, through June 30, 2026, this section shall be a part of and supplemental to article 5 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2025, ch. 118, § 14; July 1.
Article 5a Children with Special Health Care Needs
§ 65-5a01 Definitions
As used in this act: (a) "A child with special health care needs" means a person under 21 years of age who has an organic disease, defect or condition which may hinder the achievement of normal physical growth and development.
(b) "Services for children with special health care needs" means the program administered by the secretary of health and environment pursuant to article 5a of chapter 65 of Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto.
(c) "Physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
(d) "Special health services" means services for children with special health care needs.
History: L. 1931, ch. 283, § 6; L. 1933, ch. 222, § 1; L. 1945, ch. 248, § 1; L. 1957, ch. 337, § 1; L. 1965, ch. 373, § 1; L. 1971, ch. 251, § 6; L. 1978, ch. 238, § 1; L. 1984, ch. 226, § 1; L. 1988, ch. 241, § 1; July 1.
§ 65-5a02 Repealed
History: L. 1931, ch. 283, § 7; L. 1949, ch. 329, § 1; L. 1965, ch. 369, § 3; Repealed, L. 1971, ch. 251, § 11; July 1.
§ 65-5a03 Repealed
History: L. 1931, ch. 283, § 8; L. 1949, ch. 329, § 2; L. 1957, ch. 337, § 2; L. 1965, ch. 369, § 4; Repealed, L. 1971, ch. 251, § 11; July 1.
§ 65-5a04 Repealed
History: L. 1931, ch. 283, § 9; L. 1971, ch. 251, § 9; L. 1976, ch. 145, § 212; L. 1977, ch. 214, § 1; Repealed, L. 1978, ch. 238, § 11; July 1.
§ 65-5a05 Fees of hospitals, health facilities, physicians and other specialists; approval
Each of the hospitals or health facilities designated by the secretary of health and environment to provide medical and surgical services for children with special health care needs may collect a basic fee, not to exceed the reasonable costs of such services as approved by the secretary, for each patient provided with services. Physicians and other specialists may collect for services rendered to any such patient such fees as may be approved by the secretary of health and environment.
History: L. 1931, ch. 283, § 10; L. 1945, ch. 248, § 2; L. 1947, ch. 327, § 1; L. 1949, ch. 329, § 3; L. 1957, ch. 337, § 3; L. 1961, ch. 286, § 1; L. 1965, ch. 374, § 1; L. 1967, ch. 337, § 1; L. 1971, ch. 251, § 10; L. 1976, ch. 145, § 213; L. 1977, ch. 214, § 2; L. 1978, ch. 238, § 2; L. 1984, ch. 226, § 2; L. 1988, ch. 241, § 2; July 1.
§ 65-5a06 Repealed
History: L. 1931, ch. 283, § 11; Repealed, L. 1971, ch. 251, § 11; July 1.
§ 65-5a07 Repealed
History: L. 1931, ch. 283, § 13; L. 1933, ch. 222, § 2; L. 1970, ch. 100, § 41; Repealed, L. 1972, ch. 229, § 1; July 1.
§ 65-5a08 Secretary of health and environment; powers and duties
The secretary of health and environment is hereby authorized to:
(a) Designate, at the secretary's discretion, hospitals and other medical facilities in which the various types of medical and surgical services and procedures contemplated by this act for children with special health care needs may be provided;
(b) determine the eligibility of children to receive services, prosthetic devices, equipment and supplies under the provisions of this act and to pay all or any portion of the cost thereof;
(c) approve or disapprove charges for authorized procedures, treatments, operations and hospital and laboratory services;
(d) approve or disapprove charges for authorized prosthetic devices, equipment, chairs and appliances;
(e) approve or disapprove all services and prosthetic devices, equipment, appliances and supplies to be provided children under the provisions of this act and the persons, organizations and corporations supplying or selling the same;
(f) subject to the provisions of K.S.A. 75-5644, and amendments thereto, receive and expend moneys appropriated or granted by the state or federal government or private persons or organizations for purposes authorized under the provisions of this act;
(g) provide or approve the necessary blanks or forms for use in the administration of this act;
(h) adopt rules and regulations necessary for the administration and enforcement of this act; and
(i) maintain surveillance and supervision over the services provided children with special health care needs under the services for children with special health care needs to assure high quality of service and to cause a record to be kept showing the condition and improvement of the children.
History: L. 1931, ch. 283, § 3; L. 1971, ch. 251, § 1; L. 1977, ch. 214, § 3; L. 1978, ch. 238, § 3; L. 1984, ch. 226, § 3; L. 1988, ch. 241, § 3; July 1.
§ 65-5a09 Applications to furnish services, equipment, supplies; approval or disapproval; revocation of approval; procedure; hearing
All persons and corporations desiring to supply services, or to sell prosthetic devices, equipment, appliances or supplies authorized under the provisions of this act, shall first file application therefor with the secretary of health and environment and submit therewith, in the manner and form and at such times as prescribed by the secretary, their prices and qualifications. The secretary of health and environment shall approve or disapprove each such application unconditionally, or otherwise, as the secretary may determine, and notify the interested parties thereof, and shall make and keep a list of all persons and corporations who have qualified to furnish such services, devices, equipment, appliances and supplies, which list shall become a part of the permanent records of the secretary.
The secretary of health and environment may at any time thereafter revoke any such approval and shall, upon revocation thereof, notify all parties interested therein as disclosed by the secretary's records.
The secretary shall afford any person or applicant aggrieved by an action of the secretary under this section an opportunity to be heard at a hearing conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1931, ch. 283, § 4; L. 1971, ch. 251, § 3; L. 1977, ch. 214, § 4; L. 1978, ch. 238, § 4; L. 1982, ch. 258, § 4; L. 1984, ch. 313, § 97; July 1, 1985.
§ 65-5a10 Diagnostic clinics; supervision; acceptance for diagnosis; rules and regulations
(a) In accordance with title V of the federal social security act and rules and regulations adopted pursuant thereto, the secretary of health and environment is hereby authorized and empowered to organize and conduct, in such places in the state as the secretary shall from time to time determine, diagnostic clinics for children with special health care needs.
(b) Within the limits of available funds, the department of health and environment and designated agents of the secretary of health and environment shall accept for diagnosis, pursuant to rules and regulations adopted by the secretary, a child believed to have a severely handicapping condition, irrespective of whether the child actually has an eligible condition specified in K.S.A. 65-5a01 and 65-5a14, and amendments to such sections.
History: L. 1931, ch. 283, § 5; L. 1971, ch. 251, § 4; L. 1977, ch. 214, § 5; L. 1978, ch. 238, § 5; L. 1984, ch. 226, § 4; L. 1988, ch. 241, § 4; July 1.
§ 65-5a11 Cooperation with other state agencies; recommendations to legislature
The secretary of health and environment shall cooperate with any and all other departments and boards of the state now or hereafter created, endeavor to coordinate the efforts of all persons and agencies interested in prevention, discovery, care and education of the children with special health care needs of the state, and present proposals to the legislature from time to time which the secretary believes will improve, if adopted, the administration of this act and promote the interests of children with special health care needs to the end that they, as far as possible, be made self-supporting and independent.
History: L. 1931, ch. 283, § 12; L. 1971, ch. 251, § 5; L. 1977, ch. 214, § 6; L. 1978, ch. 238, § 6; L. 1984, ch. 226, § 5; L. 1988, ch. 241, § 5; July 1.
§ 65-5a12 Application for care, treatment or assistance; financial eligibility; determinations; uniform standards; repayment
An application for the care, treatment or assistance of any child by the secretary of health and environment under the provisions of this act may be filed by any person with the secretary or a designated agent of the secretary who shall determine the financial eligibility of the family according to standards established by the secretary. The secretary or agent of the secretary shall also determine if the parents, guardian or child is a resident of Kansas and if the child is a child with special health care needs.
The secretary shall establish uniform standards of financial eligibility for treatment services under the services for children with special health care needs, including a uniform formula for shared expenses or for repayment of services. All repayment shall be used in support of the services for children with special health care needs.
History: L. 1971, ch. 251, § 7; L. 1976, ch. 145, § 237; L. 1977, ch. 214, § 7; L. 1978, ch. 238, § 7; L. 1984, ch. 226, § 6; L. 1988, ch. 241, § 6; July 1.
§ 65-5a13 Findings of secretary of health and environment; record; certification of eligibility; agreements on payment of cost; review of agreement
If the secretary of health and environment or a designated agent of the secretary finds that a child or a parent or guardian of a child is a resident of the state of Kansas and the secretary of health and environment or the designated agent verifies that the child is a child with special health care needs and that the parent or parents, guardian or other person legally chargeable with the support of the child with special health care needs is financially unable to pay, in whole or in part, the expenses of the care, treatment or assistance necessary for such child, the secretary of health and environment or designated agent of the secretary shall make a record of the facts and certify the child eligible for care, treatment and assistance by the secretary.
At the time of the determination, the parents, guardian or other persons and the secretary shall enter into an agreement which shall specify that portion, if any, of the costs for care, treatment or assistance to be paid by the parents, guardian or other persons and that portion of the costs, within the limits of funds appropriated therefor, to be paid by the secretary. The terms of the agreement shall be reviewed whenever a change in financial or medical circumstances occurs, but in any event shall be reviewed at least annually.
History: L. 1971, ch. 251, § 8; L. 1977, ch. 214, § 8; L. 1978, ch. 238, § 8; L. 1984, ch. 226, § 7; L. 1988, ch. 241, § 7; July 1.
§ 65-5a14 Rules and regulations for system of priorities for children; consultation with representatives of medical society
The secretary of health and environment shall adopt rules and regulations establishing a system of priorities for providing services, devices, equipment and supplies to children under the provisions of this act which will give consideration to the medical needs of the patient and the financial ability of the patient to pay the cost thereof and will insure that available funds will be used where the need is greatest. Such system of priorities shall provide care and treatment only for children having a condition that can reasonably be expected to be aided or improved by treatment and shall include, but shall not be limited to:
(a) Congenital malformations requiring major surgical repair;
(b) catastrophic and chronic diseases of children (such as hydronephrosis, and chronic nephritis);
(c) intellectual disability or mental disability with associated serious physical defects;
(d) orthopedic conditions (not including relaxed flat feet or treatment or supportive devices therefor);
(e) burns requiring plastic surgery;
(f) cardiovascular (congenital and acquired heart disease or anomalies of the major blood vessels); and
(g) malignant disease (such as leukemia, Wilm's tumor, osteogenic sarcoma, etc., but not to include terminal care).
In adopting the rules and regulations, the secretary of health and environment shall consult with and give consideration to the recommendations of representatives of the Kansas medical society designated or selected by the society for such purpose.
A child with special health care needs shall not be denied services because the child is a person with intellectual disability.
History: L. 1971, ch. 251, § 2; L. 1977, ch. 214, § 9; L. 1978, ch. 238, § 9; L. 1984, ch. 226, § 8; L. 1988, ch. 241, § 8; L. 2012, ch. 91, § 40; July 1.
§ 65-5a15 Payment of claims, when
Notwithstanding K.S.A. 75-3731, the director of accounts and reports shall accept for payment from the secretary of health and environment any duly authorized claim for services even though such claim is not submitted or processed for payment within the fiscal year in which the service is rendered and whether or not the services were rendered prior to the effective date of this act, except that no claim filed more than six months after the time of service rendered shall be allowed or paid.
History: L. 1976, ch. 359, § 1; L. 1977, ch. 214, § 10; July 1.
§ 65-5a16 Act not to affect certain rights and responsibilities
Nothing in this act shall be construed as limiting the power of the parent, guardian, conservator or person in loco parentis with respect to a child with special health care needs.
Nothing in this act shall be construed to authorize any treatment services for children under 18 years of age without the written consent of a parent or guardian, except that a person under the age of 18 years who has had conferred by court order the rights of majority may authorize treatment services without the written consent of a parent or guardian.
History: L. 1978, ch. 238, § 10; L. 1984, ch. 226, § 9; L. 1988, ch. 241, § 9; July 1.
Article 6 Food, Drugs and Cosmetics
§ 65-601 Repealed
History: L. 1907, ch. 266, § 1; R.S. 1923, 65-601; Repealed, L. 1953, ch. 286, § 27; June 30.
§ 65-602 Repealed
History: L. 1907, ch. 266, § 2; R.S. 1923, 65-602; Repealed, L. 1953, ch. 286, § 27; June 30.
§ 65-603 Repealed
History: L. 1907, ch. 266, § 3; L. 1909, ch. 184, § 1; R.S. 1923, 65-603; Repealed, L. 1953, ch. 286, § 27; June 30.
§§ 65-604, 65-605 Repealed
History: L. 1907, ch. 266, §§ 4, 5; R.S. 1923, 65-604, 65-605; Repealed, L. 1953, ch. 286, § 27; June 30.
§ 65-606 Repealed
History: L. 1907, ch. 266, § 6; R.S. 1923, 65-606; Repealed, L. 1953, ch. 286, § 27; June 30.
§ 65-607 Repealed
History: L. 1907, ch. 266, § 7; L. 1909, ch. 184, § 2; R.S. 1923, 65-607; Repealed, L. 1953, ch. 286, § 27; June 30.
§ 65-608 Repealed
History: L. 1907, ch. 266, § 8; L. 1909, ch. 184, § 3; R.S. 1923, 65-608; Repealed, L. 1953, ch. 286, § 27; June 30.
§§ 65-609 through 65-611 Repealed
History: L. 1907, ch. 266, §§ 9 to 11; R.S. 1923, 65-609 to 65-611; Repealed, L. 1953, ch. 286, § 27; June 30.
§ 65-612 Repealed
History: L. 1907, ch. 266, § 13; R.S. 1923, 65-612; Repealed, L. 1953, ch. 286, § 27; June 30.
§ 65-613 Repealed
History: L. 1907, ch. 266, § 14; L. 1909, ch. 184, § 5; R.S. 1923, 65-613; Repealed L. 1953, ch. 286, § 27; June 30.
§ 65-614 Repealed
History: L. 1907, ch. 266, § 15; R.S. 1923, 65-614; Repealed, L. 1953, ch. 286, § 27; June 30.
§ 65-615 Repealed
History: L. 1921, ch. 210, § 1; L. 1923, ch. 136, § 1; R.S. 1923, 65-615; L. 1927, ch. 241, § 1; L. 1945, ch. 249, § 1; Repealed, L. 1959, ch. 251, § 1; L. 1959, ch. 254, § 5; June 30.
§ 65-616 Repealed
History: L. 1921, ch. 210, § 2; L. 1923, ch. 136, § 2; R.S. 1923, 65-616; L. 1927, ch. 241, § 2; Repealed, L. 1957, ch. 338, § 23; July 1.
§ 65-617 Repealed
History: L. 1921, ch. 210, § 3; R.S. 1923, 65-617; L. 1929, ch. 214, § 1; L. 1931, ch. 230, § 1; Repealed, L. 1959, ch. 251, § 1; L. 1959, ch. 254, § 5; June 30.
§ 65-618 Repealed
History: L. 1921, ch. 210, § 4; R.S. 1923, 65-618; Repealed, L. 1957, ch. 338, § 23; July 1.
§ 65-619 Repealed
History: L. 1908, ch. 64, § 1; R.S. 1923, 65-619; L. 1957, ch. 340, § 1; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-620 Repealed
History: L. 1909, ch. 185, § 1; R.S. 1923, 65-620; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-621 Repealed
History: L. 1909, ch. 185, § 2; R.S. 1923, 65-621; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-622 Repealed
History: L. 1909, ch. 185, § 3; R.S. 1923, 65-622; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-623 Repealed
History: L. 1907, ch. 187, § 1; R.S. 1923, 65-623; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-624 Repealed
History: L. 1907, ch. 187, § 2; R.S. 1923, 65-624; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-625 Repealed
History: L. 1909, ch. 230, § 1; R.S. 1923, 65-625; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-626 Repealed
History: L. 1909, ch. 230, § 2; R.S. 1923, 65-626; L. 1965, ch. 506, § 26; L. 1974, ch. 352, § 95; L. 2010, ch. 72, § 1; Repealed, L. 2012, ch. 145, § 33; July 1.
§§ 65-627 through 65-630 Repealed
History: L. 1891, ch. 1, §§ 1 to 4; R.S. 1923, 65-627 to 65-630; Repealed, L. 1931, ch. 231, § 9; May 28.
§§ 65-630a through 65-630h Repealed
History: L. 1931, ch. 231, §§ 1 to 8; Repealed, L. 1965, ch. 375, § 1; June 30.
§ 65-631 Repealed
History: L. 1911, ch. 179, § 1; R.S. 1923, 65-631; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-632 Repealed
History: L. 1911, ch. 179, § 2; R.S. 1923, 65-632; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-633 Repealed
History: L. 1911, ch. 179, § 3; R.S. 1923, 65-633; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-634 Repealed
History: L. 1911, ch. 179, § 4; R.S. 1923, 65-634; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-635 Repealed
History: L. 1911, ch. 179, § 5; R.S. 1923, 65-635; L. 2010, ch. 72, § 2; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-636 Exhibition of title "drugstore," "pharmacy" or "apothecary."
It shall be unlawful for any individual who is not legally licensed as a pharmacist by the state board of pharmacy or any individual, firm or corporation who does not have in continuous employ, at each place of business, a pharmacist licensed by the state board of pharmacy, to take, use or exhibit the title "drugstore," "pharmacy" or "apothecary" or any combination of such titles, or any title or description of like import, or any other term designed to take the place of such title, if such title is being used in the context of health, medical or pharmaceutical care and the individual, firm or corporation has not provided a disclaimer sufficient to notify consumers that a pharmacist is not employed.
History: L. 1925, ch. 205, § 1; L. 1986, ch. 231, § 8; L. 2021, ch. 106, § 5; June 3.
§ 65-637 Repealed
History: L. 1925, ch. 205, § 2; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-638 Repealed
History: L. 1929, ch. 219, § 1; L. 1968, ch. 284, § 1; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-639 Repealed
History: L. 1929, ch. 219, § 2; L. 1968, ch. 284, § 2; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-640 Repealed
History: L. 1929, ch. 219, § 3; L. 1955, ch. 287, § 1; L. 1968, ch. 284, § 3; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-641 Repealed
History: L. 1929, ch. 219, § 4; L. 1955, ch. 287, § 2; L. 1968, ch. 284, § 4; L. 1975, ch. 314, § 20; L. 2010, ch. 72, § 3; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-642 Repealed
History: L. 1929, ch. 219, § 5; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-642a Repealed
History: L. 1931, ch. 235, § 1; L. 1965, ch. 376, § 1; Repealed, L. 1970, ch. 250, § 1; March 26.
§ 65-643 Caustic or corrosive substances; definition of terms
When used in this act, unless the context or subject matter otherwise requires, the following shall be held and construed to mean as follows:
A. The terms "dangerous caustic or corrosive substance" means each and all of the acids, alkalis, and substances named below: (a) Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten percentum or more; (b) sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of ten percentum or more; (c) nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percentum or more; (d) carbolic acid (C6H5CH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five percentum or more; (e) oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of ten percentum or more; (f) any salt of oxalic acid and any preparation containing any such salt in a concentration of ten percentum or more; (g) acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of twenty percentum or more; (h) hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield ten percentum or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime; (i) potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of ten percentum or more; (j) sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of ten percentum or more; (k) silver nitrate sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO3) in a concentration of five percentum or more; and (l) ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and "Hartshorn" in a concentration of five percentum or more.
B. The term "misbranded parcel, package or container" means a retail parcel, package or container or any dangerous caustic or corrosive substance for household use, not bearing a conspicuous easily legible label or sticker, containing (a) the name of the article; (b) the name and place of business of the manufacturer, packer, seller or distributor; (c) the word "poison" running parallel with the main body of reading matter on said label or sticker on a clear, plain background or a distinctly contrasting color, in uncondensed gothic capital letters, the letters to be not less than 24-point size, unless there is on said label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker, and (d) directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.
C. The words "person" or "persons" shall be held, understood and construed to mean every person, natural or artificial, and all firms, copartnerships, trust estates, corporations and the principal officers and agents thereof.
History: L. 1927, ch. 247, § 1; June 1.
§ 65-644 Same; misbranding
No person shall sell, barter or exchange, or receive, hold, display or offer for sale, barter or exchange, in the state of Kansas, any dangerous caustic or corrosive substance in a misbranded parcel, package or container, said parcel, package or container being designed for household use.
History: L. 1927, ch. 247, § 2; June 1.
§ 65-645 Same; condemnation and disposition
Any dangerous caustic or corrosive substance in a misbranded parcel, package or container suitable for household use, that is being sold, bartered or exchanged, or held, displayed or offered for sale, barter or exchange, shall be liable to be proceeded against in any court of competent jurisdiction. If such substance is condemned as misbranded by said court, it shall be disposed of by destruction or sale, as the court may direct; and if sold, the proceeds, less the actual costs and charges, shall be paid over to the clerk of the district court of the county in which such sale is had, but such substance shall not be sold contrary to the laws of the state: Provided, however, That upon the payment of the costs of such proceedings and the execution and delivery of a good and sufficient bond to the effect that such substance will not be unlawfully sold or otherwise disposed of, the court may order [or] direct that such substance be delivered to the owner thereof. Such condemnation proceedings shall conform as near as may be to proceedings in confiscation of intoxicating liquors.
History: L. 1927, ch. 247, § 3; June 1.
§ 65-646 Same; enforcement of act
The attorney general and the county attorneys of the respective counties of this state shall enforce the provisions of this act, and they are hereby authorized and empowered to approve and register such brands and labels intended for use under the provisions of this act as may be submitted to him for that purpose and as may, in his judgment, conform to the requirements of this statute.
History: L. 1927, ch. 247, § 4; June 1.
§ 65-647 Same; penalty
Any person violating the provisions of this act shall, upon conviction thereof, be punished by a fine of not more than two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment in the discretion of the court.
History: L. 1927, ch. 247, § 5; June 1.
§ 65-648 Same; prosecutions
The attorney general and the county attorneys of the respective counties of the state to whom there is presented, or who in any way procures satisfactory evidence of any violation of the provisions of this act, shall cause appropriate proceedings to be commenced and prosecuted in the proper courts, without delay, for the enforcement of the penalties as in such cases herein provided.
History: L. 1927, ch. 247, § 6; June 1.
§ 65-649 Same; sale of household products
Household products for cleaning and washing purposes subject to this act and labeled in accordance therewith may be sold, offered for sale, held for sale and distributed in this state by any dealer, wholesaler or retailer.
History: L. 1927, ch. 247, § 7; June 1.
§ 65-650 Medicines, drugs and poisons sold through vending machines, requirements; penalties for violations
(a) Any person, firm or corporation who offers for sale, sells or distributes any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison through or by means of any vending machine or other mechanical device, or who uses any vending machine in or for the sale or distribution of any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison, shall be guilty of a class C nonperson misdemeanor and upon conviction shall be fined not less than $25 nor more than $500.
(b) No nonprescription drugs shall be offered for sale or sold through a vending machine in anything other than the manufacturer's original tamper-evident and expiration-dated packet. No more than 12 different nonprescription drugs products shall be offered for sale or sold through any one vending machine. Any vending machine in which nonprescription drugs are offered for sale or sold shall be located so that the drugs stored in such vending machine are stored in accordance with drug manufacturer's requirements. Drugs offered for sale or sold in such vending machine shall not be older than the manufacturer's expiration date. Each vending machine through which nonprescription drugs are offered for sale or sold shall have an obvious and legible statement on the machine that identifies the owner of the machine, a toll-free telephone number at which the consumer may contact the owner of the machine, a statement advising the consumer to check the expiration date of the product before using the product and the telephone number of the state board of pharmacy. As used in this subsection, "nonprescription drug" does not include any prescription medicine, prescription-only drug, drug which contains ephedrine alkaloids, drug intended for human use by hypodermic injection or poison. A violation of this subsection is a class C nonperson misdemeanor and upon conviction the violator shall be fined not less than $25 nor more than $500.
History: L. 1933, ch. 177, § 1; L. 2000, ch. 40, § 1; July 1.
§ 65-651 Repealed
History: L. 1945, ch. 255, § 1; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-652 Repealed
History: L. 1945, ch. 255, § 2; L. 1973, ch. 106, § 17; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-653 Repealed
History: L. 1945, ch. 255, § 3; L. 1974, ch. 352, § 96; L. 1975, ch. 312, § 8; L. 2010, ch. 72, § 4; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-654 Repealed
History: L. 1945, ch. 255, § 4; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-655 Food, drug and cosmetic act; title
K.S.A. 65-619 through 65-690, and K.S.A. 65-691 and 65-692, and amendments thereto, may be cited as the Kansas food, drug and cosmetic act.
History: L. 1953, ch. 286, § 1; L. 2010, ch. 72, § 5; L. 2012, ch. 145, § 15; July 1.
§ 65-656 Definitions
For the purpose of this act:
(a) "Secretary" means the secretary of agriculture or the secretary's authorized representatives.
(b) "Person" means an individual, partnership, governmental entity, corporation, or association of persons.
(c) "Food" means: (1) Articles used for food or drink for humans or other animals; (2) chewing gum; and (3) articles used for components of any such article.
(d) "Drug" means: (1) Articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them; (2) articles intended for use in diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; (3) articles, other than food, intended to affect the structure or any function of the body of humans or other animals; and (4) articles intended for use as a component of any article specified in paragraph (1), (2) or (3); but does not include devices or their components, parts or accessories. The term "drug" does not include amygdalin (laetrile).
(e) "Device," except as used in K.S.A. 65-657(j), 65-665(f), 65-669(c) and (o) and 65-671(c), and amendments thereto, means instruments, apparatus and contrivances, including their components, parts and accessories, intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals or to affect the structure or any function of the body of humans or other animals.
(f) "Cosmetic" means: (1) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleaning, beautifying, promoting attractiveness or altering appearance; and (2) articles intended for use as a component of any such articles, except that such term does not include soap.
(g) "Official compendium" means the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, official national formulary or any supplement to any of them.
(h) "Label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this act that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of such article, or is easily legible through the outside container or wrapper.
(i) "Immediate container" does not include package liners.
(j) "Labeling" means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers or accompanying such article.
(k) "Advertisement" means all representations disseminated in any manner or by any means other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics.
(l) "New drug" means: (1) Any drug the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling thereof; or (2) any drug the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but that has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions. The term "new drug" does not include amygdalin (laetrile).
(m) "Contaminated with filth" applies to any food, drug, device or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.
(n) "Pesticide chemical" means any substance that, alone, in chemical combination, or in formulation with one or more other substances is a "pesticide" within the meaning of the agricultural chemicals act, K.S.A. 2-2202, and amendments thereto, and that is used in the production, storage or transportation of raw agricultural commodities.
(o) "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.
(p) "Food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting or holding food. "Food additive" includes any source of radiation intended for any such use, if such substance is not generally recognized, among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures, or, in the case of a substance used in a food prior to January 1, 1958, through either scientific procedures or experience based on common use in food, to be safe under the conditions of its intended use. "Food additive" does not include: (1) A pesticide chemical in or on a raw agricultural commodity; (2) a pesticide chemical to the extent that it is intended for use or is used in the production, storage or transportation of any raw agricultural commodity; (3) a color additive; or (4) any substance used in accordance with a sanction or approval granted prior to the enactment of the food additive amendment of 1958, pursuant to the federal act.
(q) (1) "Color additive" means a material that: (A) Is a dye, pigment or other substance made by a process of synthesis or similar artifice, or extracted, isolated or otherwise derived, with or without intermediate or final change of identity from a vegetable, animal, mineral or other source; or (B) when added or applied to a food, drug or cosmetic, or to the human body or any part thereof, is capable, alone or through reaction with another substance, of imparting color thereto; except that such term does not include any material which has been or hereafter is exempted under the federal act.
(2) The term "color" includes black, white and intermediate grays.
(3) Nothing in this subsection shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting its color, whether before or after harvest.
(r) "Imitation" means, except for imitation food as provided in K.S.A. 65-665, and amendments thereto, any article made in the semblance of another, consisting of similar or dissimilar ingredients and being capable of being substituted for the imitated article without the knowledge of the consumer.
(s) "Federal act" means the federal food, drug and cosmetic act, 21 U.S.C. § 301 et seq.
(t) "Department" means the Kansas department of agriculture.
(u) "Distribution" means the provision of food, drug, cosmetic or device to another person and includes selling, offering for sale, giving, supplying, transporting, applying and dispensing.
(v) "Food establishment" means any place in which food is prepared, served or offered for sale or service on the premises or elsewhere. "Food establishment" does not include roadside markets that offer only whole fresh fruits, nuts and vegetables for sale. "Food establishment" includes, but is not limited to:
(1) Eating or drinking establishments, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, tea rooms, grills, sandwich shops, soda fountains, taverns, private clubs, roadside stands, industrial-feeding establishments, catering kitchens, commissaries and any other private, public or nonprofit organizations routinely serving food; and
(2) grocery stores, convenience stores, bakeries and locations where food is provided for the public with or without charge.
(w) "Food processing plant" means a commercial operation that processes or stores food for human consumption and provides food for distribution to other business entities at other locations, including other food processing plants and food establishments. "Food processing plant" does not include any operation or individual beekeeper that produces and distributes honey to other business entities if the producer does not process the honey beyond extraction from the comb.
(x) "Food vending machine" means any self-service device that, upon payment, dispenses unit servings of food, either in bulk or in packages. Such device shall not necessitate replenishing between each vending operation. "Food vending machine" does not include any vending machine dispensing only canned or bottled soft drinks or prepackaged food that does not require temperature control for safety.
(y) "Food vending machine company" means any person in the business of operating and servicing food vending machines.
(z) "Location" means a physical address, or absent an address, the geographical area within 300 feet of a food establishment or food processing plant. In the case of a mobile food establishment housed in a trailer, such trailer shall be considered a food establishment with its own location. In the case of a mobile food establishment that is not housed in a trailer, the equipment used for storage, preparation or offering of food shall be considered a food establishment with its own location.
(aa) "Municipality" means any city or county of this state.
(bb) "Processing" means the handling of a food, drug, cosmetic or device, including the production, manufacturing, packaging, packing and labeling of such item.
(cc) "Sample" means a small quantity of food and does not include a meal or entree.
(dd) "Storage" means holding for distribution or processing.
(ee) "Meat analog" means any food that approximates the aesthetic qualities, primarily texture, flavor and appearance, or the chemical characteristics of any specific type of meat, meat food product, poultry product or poultry food product, but does not contain any meat, meat food product, poultry product or poultry food product.
(ff) "Identifiable meat term" includes, but is not limited to, terms such as meat, beef, pork, poultry, chicken, turkey, lamb, goat, jerky, steak, hamburger, burger, ribs, roast, bacon, bratwurst, hot dog, ham, sausage, tenderloin, wings, breast and other terms for food that contain any meat, meat food product, poultry product or poultry food product.
(gg) "Meat" means the same as provided in 9 C.F.R. § 301.2, as in effect on January 1, 2022.
(hh) "Meat food product" means the same as provided in 9 C.F.R. § 301.2, as in effect on January 1, 2022.
(ii) "Poultry product" means the same as provided in 9 C.F.R. § 381.1, as in effect on January 1, 2022.
(jj) "Poultry food product" means the same as provided in 9 C.F.R. § 381.1, as in effect on January 1, 2022.
History: L. 1953, ch. 286, § 2; L. 1965, ch. 377, § 1; L. 1967, ch. 338, § 1; L. 1974, ch. 352, § 97; L. 1978, ch. 239, § 13; L. 2010, ch. 72, § 6; L. 2012, ch. 145, § 16; L. 2022, ch. 84, § 1; July 1.
§ 65-657 Same; unlawful acts
The following acts and the causing thereof within the state of Kansas are hereby prohibited:
(a) The processing, storage or distribution of any food, drug, device or cosmetic that is adulterated or misbranded.
(b) The adulteration or misbranding of any food, drug, device or cosmetic.
(c) The receipt in commerce of any food, drug, device or cosmetic knowing it to be adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.
(d) The dissemination of any false advertisement.
(e) The refusal to permit entry, inspection or taking of a sample, as authorized by K.S.A. 65-674, and amendments thereto.
(f) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the United States from whom such person received in good faith the food, drug, device or cosmetic.
(g) The removal or disposal of a detained or embargoed article in violation of K.S.A. 65-660, and amendments thereto.
(h) The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded.
(i) Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification method authorized or required by rules and regulations promulgated under the provisions of this act.
(j) The using of any person to such person's own advantage, or revealing, other than to the administrator or officers or employees of the department of agriculture or to the courts where relevant in any jurisdictional proceeding under this act, any information acquired under authority of this act concerning any method or process which constitutes a trade secret under the uniform trade secrets act, K.S.A. 60-3320 et seq., and amendments thereto, and as a trade secret is entitled to protection.
(k) The using, on the labeling of any drug or in any advertisement relating to such drug, of any representation or suggestion that an application with respect to such drug is effective under K.S.A. 65-669a, and amendments thereto, or that such drug complies with the provisions of such section.
(l) In the case of a prescription drug distributed or offered for sale in this state, the failure of the manufacturer, packer or distributor thereof to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this act.
(m) (1) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; (2) selling, dispensing, disposing of or causing to be sold, dispensed or disposed of or concealing or keeping in possession, control or custody, with intent to sell, dispense or dispose of, any drug, device or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by paragraph (1); or (3) making, selling, disposing of or causing to be made, sold or disposed of or keeping in possession, control or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device or container thereof.
(n) Dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the express permission in each case of the person ordering or prescribing.
(o) Knowingly killing, selling, trading, exchanging or offering to sell, trade or exchange any diseased animal for human consumption, except immediate slaughter under state or federal meat and poultry inspection.
(p) Knowingly purchasing or otherwise obtaining possession of any diseased animal for the purpose and with the intent of disposing the same for food, except immediate slaughter under state or federal meat and poultry inspection.
(q) Offering or exposing for sale at retail, for human consumption, any slaughtered wild or domestic fowl, rabbit, squirrel or other small animal unless the entrails, crops and other offensive parts are properly drawn and removed and the carcass is cooled to 41 degrees fahrenheit or less within four hours of slaughter and held at such temperature until delivery to the end consumer.
(r) Failing to protect slaughtered fresh meats, fish, fowl or game for human consumption from dust, flies and other vermin or substance which may injuriously affect it. Protection shall be required at any wholesale or retail food establishment or food processing plant and for peddlers transporting such goods from place to place.
History: L. 1953, ch. 286, § 3; L. 1965, ch. 377, § 2; L. 1974, ch. 352, § 98; L. 2005, ch. 67, § 6; L. 2010, ch. 72, § 7; L. 2012, ch. 145, § 17; July 1.
§ 65-658 Same; injunction to restrain violation of K.S.A. 65-657
In addition to the remedies provided by the food, drug and cosmetic act, the secretary of agriculture is hereby authorized to apply to the district court for, and the court may grant, a temporary or permanent injunction restraining, any person from violating any provision of the food, drug and cosmetic act; irrespective of whether or not there exists an adequate remedy at law.
History: L. 1953, ch. 286, § 4; L. 1974, ch. 352, § 99; L. 2010, ch. 72, § 8; L. 2012, ch. 145, § 18; July 1.
§ 65-659 Repealed
History: L. 1953, ch. 286, § 5; L. 1974, ch. 352, § 100; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-660 Same; adulterated or misbranded food, drug, device or cosmetic; detaining or embargoing; condemnation proceedings; consolidation, when; samples and analyses of seized articles; destruction of certain perishable food
(a) Whenever the secretary finds or has probable cause to believe, that any food, drug, device or cosmetic is adulterated, contains any substance injurious to public health, is offered in violation of any of the provisions of the food, drug and cosmetic act or rules and regulations adopted thereunder, or so misbranded as to be dangerous or fraudulent, within the meaning of this act, the secretary shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed. Such tag or marking shall warn all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the secretary. It shall be unlawful for any person to remove such tag or marking from a detained or embargoed article or remove or dispose of such detained or embargoed article by sale or otherwise without the permission of the secretary.
(b) When an article detained or embargoed under subsection (a) has been found to be adulterated or misbranded, the secretary shall issue an order establishing measures to prevent further contamination or threat to the public health. The secretary may order the destruction of contaminated food, drugs, devices or cosmetics if no alternative assures that further contamination or health hazards are averted.
(c) If the secretary finds that an article so detained or embargoed is not adulterated or misbranded, the secretary shall remove the tag or other marking. Any order issued pursuant to subsection (b) or (c) shall be subject to review in accordance with the Kansas judicial review act. Nothing in this section shall be construed as limiting the right of the secretary to proceed as authorized by other sections of this act.
History: L. 1953, ch. 286, § 6; L. 1974, ch. 352, § 101; L. 2012, ch. 145, § 19; July 1.
§ 65-661 Repealed
History: L. 1953, ch. 286, § 7; L. 1974, ch. 352, § 102; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-662 Same; minor violations; notice or warning
Nothing in this act shall be construed as requiring the secretary to report for the institution of proceedings under this act, minor violations of this act, whenever the secretary believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
History: L. 1953, ch. 286, § 8; L. 1974, ch. 352, § 103; July 1.
§ 65-663 Same; regulations prescribing definitions and standards of identity for food
Whenever in the judgment of the secretary such action will promote honesty and fair dealing in the interest of consumers, the secretary shall promulgate regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, and/or reasonable standard of quality and/or fill of container. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the secretary shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act.
History: L. 1953, ch. 286, § 9; L. 1974, ch. 352, § 104; July 1.
§ 65-664 Same; food deemed adulterated, when
A food shall be deemed to be adulterated:
(a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of the substance in such food does not ordinarily render it injurious to health; or (2) (A) it bears or contains any added poisonous or added deleterious substance, other than one which is: (i) A pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive, which is unsafe within the meaning of K.S.A. 65-667, and amendments thereto; (B) it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of K.S.A. 65-667, and amendments thereto; or (C) it is or it bears or contains any food additive which is unsafe within the meaning of K.S.A. 65-667, and amendments thereto. Where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under K.S.A. 65-667, and amendments thereto, and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of K.S.A. 65-667, and amendments thereto, and subparagraph (C), not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready to eat is not greater than the tolerance prescribed for the raw agricultural commodity; (3) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or is otherwise unfit for food; (4) it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; (5) it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (6) its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(b) (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; (2) any substance has been substituted wholly or in part therefor; (3) damage or inferiority has been concealed in any manner; or (4) any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is. This subsection does not apply to any cured or smoked pork product by reason of its containing added water.
(c) If it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 0.4%, harmless natural wax not in excess of 0.4%, harmless natural gum, and pectin. This subsection does not apply to any confectionery by reason of its containing not more than 1% by volume of alcohol, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.
(d) If it is or bears or contains any color additive that is unsafe within the meaning of K.S.A. 65-667, and amendments thereto.
History: L. 1953, ch. 286, § 10; L. 1965, ch. 377, § 3; L. 1981, ch. 242, § 1; L. 2018, ch. 99, § 8; May 24.
§ 65-665 Food deemed misbranded, when
A food shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If it is offered for sale under the name of another food.
(c) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated. For the purposes of this section, "imitation" means the same as provided in 21 C.F.R. § 101.3(e), as in effect on January 1, 2022. In such definition, references to section 403(c) of the federal food, drug, and cosmetic act mean this subsection (c), and references to the commissioner mean the Kansas secretary of agriculture.
(d) If its container is so made, formed or filled as to be misleading.
(e) If in package form, unless it bears a label containing: (1) The name and place of business of the manufacturer, packer or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count. Reasonable variations shall be permitted, and exemptions as to small packages shall be established, by rules and regulations prescribed by the secretary of agriculture.
(f) If any word, statement or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(g) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by K.S.A. 65-663, and amendments thereto, unless: (1) It conforms to such definition and standard; and (2) its label bears the name of the food specified in the definition and standard, and insofar as may be required by such regulations, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food.
(h) If it purports to be or is represented as: (1) A food for which a standard of quality has been prescribed by regulations as provided in K.S.A. 65-663, and amendments thereto, and its quality falls below such standard unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or (2) a food for which a standard or standards of fill of container has been prescribed by regulations as provided by K.S.A. 65-663, and amendments thereto, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify a statement that it falls below such standard.
(i) If it is not subject to the provisions of subsection (g), unless it bears labeling clearly giving: (1) The common or usual name of the food, if any; and (2) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings, without naming each. Except that to the extent that compliance with the requirements of paragraph (2) is impractical or results in deception or unfair competition, exemptions shall be established by rules and regulations promulgated by the secretary.
(j) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the secretary determines to be, and by regulations prescribes, as necessary, in order to fully inform purchasers as to its value for such uses.
(k) If it bears or contains any artificial flavoring, artificial coloring or chemical preservatives, unless it bears labeling stating that fact. Except that to the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by rules and regulations promulgated by the secretary.
(l) If it is a product intended as an ingredient of another food and when used according to the directions of the purveyor will result in the final food product being adulterated or misbranded.
(m) If it is a meat analog and: (1) Its labeling utilizes an identifiable meat term; and (2) the labeling does not have a disclaimer in a prominent and conspicuous font size, in close proximity to the identifiable meat term, stating one of the following: (A) "This product does not contain meat"; (B) "meatless"; (C) "meat-free"; (D) "vegan"; (E) "veggie"; (F) "vegetarian"; (G) "vegetable"; (H) "plant-based"; or (I) a disclaimer equivalent to (A) through (H), as determined by the secretary through rules and regulations. The provisions of this subsection shall not apply to a menu or menu board or to food that can be defined as "imitation" under subsection (c) and complies with the provisions of such subsection.
If any provision of this section is held to be invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this section without such invalid or unconstitutional provision.
History: L. 1953, ch. 286, § 11; L. 1974, ch. 352, § 105; L. 2010, ch. 72, § 9; L. 2022, ch. 84, § 2; July 1.
§ 65-666 Repealed
History: L. 1953, ch. 286, § 12; L. 1974, ch. 352, § 106; L. 1988, ch. 356, § 186; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-667 Repealed
History: L. 1953, ch. 286, § 13; L. 1965, ch. 377, § 4; L. 1974, ch. 352, § 107; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-668 Same; drugs or devices deemed adulterated, when
A drug or device shall be deemed to be adulterated:
(a) (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) (A) if it has been produced, prepared, packed or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or (B) if it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with current good manufacturing practice to assure that such drug meets the requirements of this act as to safety and has the identity and strength, and meets the quality and purity characteristics, which it purports or is represented to possess; or (3) if it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if (A) it is a drug and it bears or contains, for purposes of coloring only, a color additive which is unsafe within the meaning of K.S.A. 65-667, or (B) it is a color additive, the intended use of which in or on drugs is for purposes of coloring only, and is unsafe within the meaning of K.S.A. 65-667.
(b) If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in any official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States pharmacopoeia and the homeopathic pharmacopoeia of the United States it shall be subject to the requirements of the United States pharmacopoeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic phamacopoeia of the United States and not to those of the United States pharmacopoeia.
(c) If it is not subject to the provisions of paragraph (b) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.
(d) If it is a drug and any substance has been (1) mixed or packed therewith so as to reduce its quality or strength; or (2) substituted wholly or in part therefor.
History: L. 1953, ch. 286, § 14; L. 1965, ch. 377, § 5; July 1.
§ 65-669 Same; drugs or devices deemed misbranded, when
A drug or device shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing:
(1) The name and place of business of the manufacturer, the packer or the distributor, except that in the case of a prescription drug it shall bear the name and place of business of the person responsible for the production of the finished dosage form of the drug, the packer and the distributor; except that nothing in this paragraph shall be construed to apply to wholesalers and the requirement of this paragraph shall be satisfied by stating such information on the label of the drug and filing a statement with such information with the secretary which shall be made available by the secretary on request to local, public and private health agencies, poison control centers, licentiates of the healing arts, the state board of pharmacy, consumers and others to promote the purposes of this act; in no event, however, shall the label contain less information than required under federal law; and
(2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, except that under this paragraph reasonable variations shall be permitted and exemptions as to small packages shall be allowed, in accordance with regulations prescribed by the secretary, or issued under the federal act.
(c) If any word, statement, or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(d) If it is for use by human and contains any quantity of narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substance that has been by the secretary after investigation, found to be, and by regulations under this act, or by regulations issued pursuant to 21 U.S.C. § 352(d), designated as, habit forming, unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "warning-may be habit forming."
(e) (1) If it is a drug, unless its label bears, to the exclusion of any other nonproprietary name, except the applicable systematic chemical name or the chemical formula: (A) The established name, as defined inparagraph (2), of the drug, if such there be; and (B) in case it is fabricated from two or more ingredients, the established name of each active ingredient, including the kind and quantity of proportion of any alcohol, and also including, whether active or not, the established name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein. The requirements for stating the quantity of the active ingredients, other than the quantity of those specifically named in this paragraph, shall apply only to prescription drugs. To the extent that compliance with the requirements of subsection (e)(1)(B) is impracticable, exemptions shall be allowed under regulations promulgated by the secretary, or under the federal act.
(2) As used in this subsection, the term "established name," with respect to a drug or ingredient thereof, means: (A) The applicable official name designated pursuant to 21 U.S.C. § 358; (B) if there is no such name and such drug, or such ingredient, is an article recognized in an official compendium, then the official title thereof in such compendium; or (C) if neither subparagraph (A) nor subparagraph (B) applies, then the common or usual name, if any, of such drug or of such ingredient. Where subparagraph (B) applies to an article recognized in the United States pharmacopeia and in the homeopathic pharmacopoeia under different official titles, the official title used in the United States pharmacopeia shall apply unless it is labeled and offered for sale as a homeopathic drug, in which case the official title used in the homeopathic pharmacopoeia shall apply.
(f) Unless its labeling bears: (1) Adequate directions for use; and (2) such adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users. Where any requirement of paragraph (1), as applied to any drug or device, is not necessary for the protection of the public health, the secretary shall promulgate regulations exempting such drug or device from such requirements. Articles exempted under regulations issued under 21 U.S.C. § 352(f) may also be exempt.
(g) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein. The method of packing may be modified with the consent of the secretary, or if consent is obtained under the federal act. Whenever a drug is recognized in both the United States pharmacopeia and the homeopathic pharmacopoeia of the United States, it shall be subject to the requirements of the United States pharmacopeia with respect to the packaging and labeling unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the homeopathic pharmacopoeia of the United States, and not to those of the United States pharmacopeia. In the event of inconsistency between the requirements of this subsection and those of subsection (e) as to the name by which the drug or its ingredients shall be designated, the requirements of subsection (e) shall prevail.
(h) If it has been found by the secretary or under the federal act to be a drug liable to deterioration, unless it is packed in such form and manner and its label bears a statement of such precautions, as the regulations adopted by the secretary require as necessary for the protection of public health. No such regulations shall be established for any drug recognized in an official compendium until the secretary shall have informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body shall have failed within a reasonable time to prescribe such requirements.
(i) (1) If it is a drug and its container is so made, formed or filled as to be misleading; (2) if it is an imitation of another drug; or (3) if it is offered for sale under the name of another drug.
(j) If it is dangerous to health when used in the dosage, or with the frequency of duration prescribed, recommended or suggested in the labeling thereof.
(k) If it is, purports to be or is represented as a drug composed wholly or partly of insulin, unless: (1) It is from a batch with respect to which a certificate or release has been issued pursuant to 21 U.S.C. § 356; and (2) such certificate or release is in effect with respect to such drug.
(l) If it is, purports to be or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, bacitracin or any other antibiotic drug, or any derivative thereof, unless: (1) It is from a batch with respect to which a certificate or release has been issued pursuant to 21 U.S.C. § 357; and (2) such certificate or release is in effect with respect to such drug. This paragraph shall not apply to any drug or class of drugs exempted by regulations promulgated under 21 U.S.C. § 357(c) or (d). For the purpose of this subsection the term "antibiotic drug" means any drug intended for use by human containing any quantity of any chemical substance that is produced by a microorganism and which has the capacity to inhibit or destroy microorganisms in dilute solution, including the chemically synthesized equivalent of any such substance.
(m) If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive, prescribed under the provisions of K.S.A. 65-667, and amendments thereto, or of the federal act.
(n) In the case of any prescription drug distributed or offered for sale in this state, unless the manufacturer, packer, or distributor thereof includes in all advertisements and other descriptive printed matter issued or caused to be issued by the manufacturer, packer, or distributor with respect to that drug a true statement of: (1) The established name, as defined in subsection (e)(2); (2) the formula showing quantitatively each ingredient of such drug to the extent required for labels under 21 U.S.C. § 352(e); and (3) such other information in brief summary relating to side effects, contraindications, and effectiveness as shall be required in regulations issued under the federal act.
(o) If a trademark, trade name or other identifying mark, imprint or device of another or any likeness of the foregoing has been placed thereon or upon its container with intent to defraud.
(p) Drugs and devices that are, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed shall be exempt from any labeling or packaging requirements of this act if such drugs and devices are being delivered, manufactured, processed, labeled, repacked or otherwise held in compliance with regulations issued by the secretary or under the federal act.
(q) A drug intended for use by human that: (1) Is a habit-forming drug to which K.S.A. 65-668, and amendments thereto, applies; or (2) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or (3) is limited by an approved application under 21 U.S.C. § 355 or K.S.A. 65-669a, and amendments thereto, to use under the professional supervision of a practitioner licensed by law to administer such drug, shall be dispensed only: (A) Upon a written prescription of a practitioner licensed by law to administer such drug or upon the written prescription of a mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto; (B) upon an oral prescription of such practitioner or mid-level practitioner which is reduced promptly to writing and filed by the pharmacist; or (C) by refilling, any such written or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary to the provisions of this paragraph shall be deemed to be an act which results in a drug being misbranded while held for sale.
(r) Any drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to administer such drug or by filling or refilling a written or oral prescription of a mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto, shall be exempt from the requirements of this section, except subsections (a), (i)(2) and (3), (k) and (l), and the packaging requirements of subsections (g) and (h), if the drug bears a label containing the name and address of the dispenser, the serial number and date of the prescription or of its filling, the name of the prescriber and, if stated in the prescription, the name of the patient, and the directions for use and cautionary statements, if any, contained in such prescription. This exemption shall not apply to any drug dispensed in the course of the conduct of a business of dispensing drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of subsection (q).
(s) The secretary may, by regulation, remove drugs subject to subsection (d) and K.S.A. 65-669a, and amendments thereto, from the requirements of subsection (q) when such requirements are not necessary for the protection of the public health. Drugs removed from the prescription requirements of the federal act by regulations issued thereunder may also, by regulations issued by the secretary, be removed from the requirements of subsection (q).
(t) A drug which is subject to subsection (q) shall be deemed to be misbranded if at any time prior to dispensing its label fails to bear the statement "caution: federal law prohibits dispensing without prescription," or "caution: state law prohibits dispensing without prescription." A drug to which subsection (q) does not apply shall be deemed to be misbranded if at any time prior to dispensing its label bears the caution statement quoted in the preceding sentence.
(u) Nothing in this section shall be construed to relieve any person from any requirement prescribed by or under authority of law with respect to drugs now included or that may hereafter be included within the classifications of narcotic drugs or marijuana as defined in the applicable federal and state laws relating to narcotic drugs and marijuana.
History: L. 1953, ch. 286, § 15; L. 1965, ch. 377, § 6; L. 1972, ch. 230, § 1; L. 1974, ch. 352, § 108; L. 1977, ch. 215, § 1; L. 1999, ch. 115, § 8; L. 2017, ch. 34, § 18; April 20.
§ 65-669a New drugs; selling, offering or giving away, restrictions; investigational uses
(a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless (1) an application with respect thereto has been approved and such approval has not been withdrawn under 21 U.S.C.A. 355, or (2) when not subject to the federal act, unless such drug has been tested and has been found to be safe for use and effective in use under the conditions prescribed, recommended, or suggested in the labeling thereof, and prior to selling or offering for sale such drug, there has been filed with the secretary an application setting forth (A) full reports of investigations which have been made to show whether or not such drug is safe for use and whether such drug is effective in use; (B) a full list of the articles used as components of such drug; (C) a full statement of the composition of such drug; (D) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing and packing of such drug; (E) such samples of such drug and of the articles used as components thereof as the secretary may require; and (F) specimens of the labeling proposed to be used for such drug.
(b) An application provided for in subsection (a)(2) of this section shall become effective 180 days after the filing thereof, except that if the secretary finds, after due notice to the applicant and giving the applicant an opportunity for a hearing, that the drug is not safe or not effective for use under the conditions prescribed, recommended or suggested in the proposed labeling thereof, the secretary shall, prior to the effective date of the application, issue an order refusing to permit the application to become effective. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) An order refusing to permit an application under this section to become effective may be revoked by the secretary.
(d) This section shall not apply to: (1) A drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety and effectiveness of drugs, provided the drug is plainly labeled in compliance with regulations issued by the secretary or pursuant to 21 U.S.C.A. 355 or 21 U.S.C.A. 357; or (2) a drug sold in this state at any time prior to the enactment of this act or introduced into interstate commerce at any time prior to the enactment of the federal act; or (3) any drug which is licensed under the virus, serum, and toxin act of July 1, 1902 (U.S.C. 1958 ed. title 42, chapter 6A, sec. 262); or (4) any drug which is subject to subsection (1) of K.S.A. 65-669 and amendments thereto.
(e) The provisions of subsection (n) of K.S.A. 65-656 and amendments thereto shall not apply to any drug which was, on October 9, 1962, or on the date immediately preceding the enactment of this subsection, (1) commercially sold or used in this state or in the United States, (2) not a new drug as defined by subsection (n) of K.S.A. 65-656 and amendments thereto as then in force, and (3) was not covered by an effective application under this section or under 21 U.S.C.A. 355, when such drug is intended solely for use under conditions prescribed, recommended or suggested in labeling with respect to such drug.
History: L. 1965, ch. 377, § 7; L. 1974, ch. 352, § 109; L. 1988, ch. 356, § 187; July 1, 1989.
§ 65-670 Same; cosmetic deemed adulterated, when
A cosmetic shall be deemed to be adulterated:
(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual: Provided, That this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution-this product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying direction should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the labeling of which bears adequate direction for such preliminary testing. For the purposes of this paragraph and the paragraph (e) the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
(b) If it consists in whole or in part of any filthy, putrid, or decomposed substance.
(c) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
(d) If its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
(e) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.
History: L. 1953, ch. 286, § 16; June 30.
§ 65-671 Same; cosmetic deemed misbranded, when
A cosmetic shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the secretary.
(c) If any word, statement or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(d) If its container is so made, formed, or filled as to be misleading.
History: L. 1953, ch. 286, § 17; L. 1974, ch. 352, § 110; July 1.
§ 65-672 Same; advertisements of food, drugs, devices or cosmetics deemed false, when
(a) An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b) For the purpose of this act the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, venereal disease, shall also be deemed to be false, except that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection if it is disseminated only to a physician, dentist or veterinarian, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public-health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices: Provided, That whenever the secretary determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the secretary shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such condition and restriction as the secretary may deem necessary in the interests of public health: Provided, That this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
History: L. 1953, ch. 286, § 18; L. 1974, ch. 352, § 111; July 1.
§ 65-673 Repealed
History: L. 1953, ch. 286, § 19; L. 1965, ch. 506, § 27; L. 1974, ch. 352, § 112; L. 1982, ch. 258, § 5; L. 1988, ch. 356, § 188; L. 2004, ch. 145, § 21; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-674 Same; free access to establishments and vehicles for inspections and samples
(a) The secretary shall have free access at all reasonable hours to any location in which foods, drugs, devices or cosmetics are processed, stored or distributed, or to enter any vehicle being used to transport or hold such foods, drugs, devices or cosmetics in commerce, for the following purposes:
(1) To inspect any location, products or equipment subject to the provisions of the food, drug and cosmetic act and rules and regulations adopted thereunder;
(2) to inspect or sample food, drugs, devices or cosmetics reported to be adulterated or a threat to public health;
(3) to inspect or investigate complaints of violations of the provisions of the food, drug and cosmetic act and rules and regulations adopted thereunder; or
(4) to sample products.
(b) If the secretary is denied access to any location where such access is sought for the purposes as provided in subsection (a), the secretary may apply to any court of competent jurisdiction for a search warrant authorizing access to such location for such purpose. Upon such application and a showing of cause therefor, the court shall issue such search warrant.
History: L. 1953, ch. 286, § 20; L. 1974, ch. 352, § 113; L. 2012, ch. 145, § 20; July 1.
§ 65-675 Same; reports and dissemination of information
(a) The secretary may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this act, including the nature of the charge and the disposition thereof.
(b) The secretary may also cause to be disseminated such information regarding food, drugs, devices, and cosmetics as the secretary deems necessary in the interest of public health and the protection of the consumer against fraud. Nothing in the section shall be construed to prohibit the secretary from collecting, reporting and illustrating the results of the investigations of the secretary.
History: L. 1953, ch. 286, § 21; L. 1974, ch. 352, § 114; July 1.
§ 65-676 Repealed
History: L. 1953, ch. 286, § 22; L. 1974, ch. 352, § 115; L. 2010, ch. 72, § 10; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-677 Repealed
History: L. 1953, ch. 286, § 23; L. 1974, ch. 352, § 116; L. 1975, ch. 312, § 9; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-678 Same; cooperation with federal food and drug administration
The secretary is hereby authorized to confer and cooperate with the federal food and drug administration in the enforcement of the national food, drug and cosmetic act as it may apply to food, liquor, drugs, and cosmetic products received in this state from other states, territories or foreign countries.
History: L. 1953, ch. 286, § 24; L. 1974, ch. 352, § 117; July 1.
§ 65-679 Same; act not to limit authority established under certain other acts
Nothing in this act shall be construed as limiting or abridging the authority of the secretary of agriculture established under the Kansas dairy law, K.S.A. 65-771 through 65-791, and amendments thereto; or the Kansas commercial feeding stuffs law, K.S.A. 2-1001 through 2-1013, and amendments thereto.
History: L. 1953, ch. 286, § 25; L. 1974, ch. 352, § 118; L. 2001, ch. 32, § 23; L. 2002, ch. 25, § 1; July 1.
§ 65-679a Dimethyl sulfoxide; labeling and information requirements if sold other than by prescription
(a) Any dimethyl sulfoxide (DMSO) sold in this state other than by prescription shall be labeled by the manufacturer and seller. The label shall contain a description of all of the contents in the solution, a statement of purity, the percent of dimethyl sulfoxide (DMSO) in the solution and the manufacturer's name and address. Whenever dimethyl sulfoxide (DMSO) is sold or otherwise supplied, the seller or supplier shall give additional printed material, approved by the secretary, to the person receiving the dimethyl sulfoxide (DMSO) that provides adequate warning against use that may be dangerous to the health of the user.
(b) The secretary of agriculture may adopt rules and regulations necessary to administer the provisions of this section.
(c) This section shall be part of and supplemental to the Kansas food, drug and cosmetic act.
History: L. 1982, ch. 255, § 1; L. 2010, ch. 72, § 11; July 1.
§ 65-680 Same; invalidity of part
If any provision of this act is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the act and applicability thereof to other persons and circumstances shall not be affected thereby.
History: L. 1953, ch. 286, § 26; June 30.
§ 65-681 Repealed
History: L. 1974, ch. 1, § 1; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-682 Same; penalty
(a) The secretary, after providing notice and an opportunity for a hearing in accordance with provisions of the Kansas administrative procedure act, may impose a civil penalty in an amount of not more than $1,000 per violation of the food, drug and cosmetic act or rule and regulation adopted, or order issued thereunder. In the case of a continuing violation, each day such violation continues shall be deemed a separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law.
(b) Any party aggrieved by an order of the secretary as provided in subsection (a) may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(c) Any penalty recovered pursuant to the provisions of subsection (a) 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.
(d) Any person who recklessly or intentionally violates the provisions of the food, drug and cosmetic act, or rules and regulations adopted thereunder, shall be guilty of a class A, nonperson misdemeanor.
History: L. 1974, ch. 1, § 2; L. 2012, ch. 145, § 21; July 1.
§ 65-683 Repealed
History: L. 1974, ch. 1, § 3; L. 1975, ch. 462, § 73; L. 2010, ch. 72, § 12; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-684 Repealed
History: L. 1974, ch. 1, § 4; L. 1975, ch. 462, § 74; L. 2010, ch. 72, § 13; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-685 Same; enforcement of criminal provisions
The enforcement of the criminal provisions of this act shall be the duty of, and shall be implemented by, the county or district attorneys of the state. In the event a county or district attorney refuses to act, the attorney general shall so act.
History: L. 1974, ch. 1, § 5; L. 1975, ch. 462, § 75; L. 2010, ch. 72, § 14; L. 2012, ch. 145, § 22; July 1.
§ 65-686 Repealed
History: L. 1974, ch. 1, § 6; L. 1975, ch. 462, § 76; L. 2010, ch. 72, § 15; Repealed, L. 2012, ch. 145, § 33; July 1.
§ 65-687 Limitation on liability of donor for donated food
(a) As used in this act, the following terms shall mean:
(1) "Canned food," any food commercially processed and prepared for human consumption.
(2) "Perishable food," any food which may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables and foods which have been packaged, refrigerated or frozen.
(b) All other provisions of law notwithstanding, a good faith donor of canned or perishable food, to a bona fide charitable or not for profit organization for ultimate distribution to needy individuals, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the willful, wanton, malicious or intentional misconduct of the donor.
(c) All other provisions of law notwithstanding, a bona fide charitable or not for profit organization which in good faith receives and distributes food, which complies with K.S.A. 65-655 et seq., and amendments thereto, at the time it was donated and which is fit for human consumption at the time it is distributed, without charge, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the willful, wanton, malicious or intentional misconduct of such organization.
(d) The provisions of this act shall govern all good faith donations of canned or perishable food which is not readily marketable due to appearance, freshness, grade, surplus or other conditions, but nothing in this act shall restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
History: L. 1983, ch. 202, § 1; L. 1996, ch. 101, § 1; July 1.
§ 65-688 Retail food establishments and food processing plants; inspection fees; rules and regulations
(a) In order to reimburse the state of Kansas for inspections by the secretary of food establishments and food processing plants, the secretary shall adopt rules and regulations establishing a graduated application and license fee schedule to cover all of the cost of inspection of food establishments and food processing plants.
(b) The cost of the application fee for each food establishment and food processing plant location shall not exceed $350.
(c) The cost of the annual license fee for each food establishment shall be as follows:
(1) No more than $250 for any food establishment of less than 5,000 square feet;
(2) no more than $300 for any food establishment of 5,000 square feet or more but less than 10,000 square feet;
(3) no more than $500 for any food establishment of 10,000 square feet or more but less than 50,000 square feet; and
(4) no more than $750 for any food establishment of 50,000 square feet or more.
(d) The cost of the annual license fee for each food processing plant shall be as follows:
(1) No more than $200 for any food processing plant of less than 5,000 square feet; and
(2) no more than $400 for any food processing plant of 5,000 square feet or more.
(e) In determining the square footage of a food establishment or food processing plant, the secretary shall only consider areas within the walls of the structure or covered by the roof of such structure in which dining, food preparation or food storage occurs. A banquet hall or ballroom in a lodging establishment, as defined in K.S.A. 36-501, and amendments thereto, that is not set with permanent or semi-permanent seating for the serving of food shall not be considered when determining such square footage.
(f) Any location that meets the definition of a food processing plant and a food establishment, as such terms are defined in K.S.A. 65-655*, and amendments thereto, shall be required to obtain a license as both a food processing plant and a food establishment.
(g) Whenever the secretary determines that the total amount of revenue derived from the fees collected pursuant to this section are insufficient to carry out the purposes for which the fees are collected, the secretary may amend such rules and regulations to increase the amount of the fee or fees, except that the amount of any fee shall not exceed the maximum amount authorized by this subsection. Whenever the amount of fees collected pursuant to this subsection provides revenue in excess of the amount necessary to carry out the purposes for which such fees are collected, it shall be the duty of the secretary to decrease the amount of the fees prescribed for food establishments or food processing plants by amending the rules and regulations which fix the fees, as the case may be.
(h) Elementary and secondary education facilities that have school lunch programs subject to the national school lunch act, 42 U.S.C. § 1751 et seq., shall not be subject to the provisions of subsections (b) and (c)(1) through (c)(4) but shall have separate application and license fees as established by rules and regulations of the secretary.
(i) There is hereby created the food safety fee fund. All moneys received as fees under this section shall be remitted to the state treasurer at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the food safety fee fund. All expenditures from the food safety fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
(j) The secretary shall adopt rules and regulations necessary to carry out the provisions of this section including establishing minimum conditions necessary to operate and maintain a food establishment or food processing plant in a safe and sanitary manner, and establishing enforcement provisions necessary to effect complete compliance with such standards, provisions, rules and regulations.
History: L. 2001, ch. 203, § 2; L. 2002, ch. 91, § 16; L. 2004, ch. 147, § 6; L. 2008, ch. 48, § 6; L. 2012, ch. 145, § 23; July 1.
§ 65-688a Repealed
History: L. 2001, ch. 203, § 2; L. 2002, ch. 91, § 16; L. 2004, ch. 101, § 170; Repealed, L. 2005, ch. 186, § 22; May 12.
§ 65-689 Same; license requirements, fees, inspections, denial, hearing, display; exceptions
(a) It shall be unlawful for any person to engage in the business of conducting a food establishment or food processing plant unless such person shall have in effect a valid license therefor issued by the secretary.
(b) Applications for such licenses shall be made on forms prescribed by the secretary, and each such application shall be accompanied by an application fee and by a license fee. Prior to the issuance of any such license, the secretary shall inspect or cause to be inspected the food establishment or food processing plant designated in the application, to determine that it complies with rules and regulations adopted pursuant to the food, drug and cosmetic act, and amendments thereto. If the food establishment or food processing plant is found to be in compliance, and the completed application and accompanying fees have been submitted, the secretary shall issue the license. If the food establishment or food processing plant is found not to be in compliance, the secretary shall deny the application for a license after providing notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
(c) Every license issued hereunder shall be displayed conspicuously in the food establishment or food processing plant for which it is issued, and no such license shall be transferable to any other person or location. Whenever any such license is lost, destroyed or mutilated, a duplicate license shall be issued to any otherwise qualified licensee upon application therefor and the payment of a fee in the amount of $5.
(d) A license shall not be required by:
(1) A plant or facility registered or licensed by the department of agriculture pursuant to article 7 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or licensed or registered by the department of agriculture pursuant to article 6a of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall not be required to obtain a separate license pursuant to this section if the inspections conducted under the respective acts encompass all operations of the facility.
(2) A registered nonprofit organization that provides food without charge solely to people who are food insecure, including, but not limited to, soup kitchens and food pantries.
(3) A location where prepackaged individual meals are distributed to persons eligible under the federal older Americans act.
(4) A person who produces food for distribution directly to the end consumer, if such food does not require time and temperature control for safety or specialized processing, as determined by the secretary.
(5) A person who serves food exclusively on interstate conveyances or common carriers.
(6) A person operating a food establishment for less than seven days in any calendar year.
(7) A person who prepares, serves or sells food for the sole purpose of soliciting funds to be used for community or humanitarian purposes or educational or youth activities.
(8) A person operating a food vending machine, if the food vending machine company:
(A) Is licensed as a food establishment, or if located in another state, licensed according to the laws of such state;
(B) maintains, and makes available to the secretary, a current record of the location of each food vending machine it operates or services; and
(C) conspicuously displays the company name, phone number and any additional information the secretary may require on each such vending machine.
(9) A person providing only complimentary coffee to its patrons whose primary business is unrelated to operating a food establishment or food processing plant.
(10) A person operating a farm winery, as defined in K.S.A. 41-102, and amendments thereto, who does not produce or offer any food products other than wine produced at such farm winery.
(11) A retailer, as defined in K.S.A. 41-102, and amendments thereto, that sells only alcoholic liquors and cereal malt beverages.
(12) A food establishment that sells or offers for sale only packaged foods that are non-hazardous and are received directly from a licensed food production facility in packaged form, if such food establishment contains less than 200 cubic feet as measured pursuant to K.S.A. 65-688(e), and amendments thereto.
(13) A person who provides food samples, without charge, to promote, advertise or compliment the sale of food or associated food preparation equipment.
(14) A guest house, as defined in K.S.A. 36-501, and amendments thereto.
(e) The exemption provided to those entities provided in subsection (d) shall not be exempt from inspection or regulation when a violation is observed or reported to the secretary.
(f) A food establishment operated in connection with any premises licensed, registered or permitted by the secretary of health and environment, the secretary for children and families, the secretary of corrections or the secretary for aging and disability services that is inspected and regulated pursuant to the respective law or rule and regulation of such secretary, shall not require a license, and the secretary of agriculture shall not be authorized to inspect or cause such premises to be inspected. This subsection shall not apply to a food establishment whose primary function is not in connection with any premises licensed, registered or permitted pursuant to the respective law or rule and regulation of such secretary.
History: L. 2001, ch. 203, § 3; L. 2008, ch. 48, § 7; L. 2012, ch. 145, § 24; L. 2018, ch. 71, § 38; July 1.
§ 65-690 Same; temporary suspension of license
(a) If the secretary finds that the public health or safety is endangered by the continued operation of a food processing plant or food establishment, the secretary may temporarily suspend the license of such establishment or order the temporary closure of such establishment without notice or hearing in accordance with the emergency provisions of the Kansas administrative procedure act.
(b) In no case shall a temporary suspension of a license or temporary closure under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the licensee shall be reinstated to full licensure or allowed to reopen unless the secretary has denied, suspended or revoked the license, obtained an injunction against such licensee, or the license has expired as otherwise provided under the Kansas food, drug and cosmetic act, and amendments thereto, or any rules and regulations or orders issued thereunder.
(c) The secretary, after providing notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may deny, suspend, modify, revoke or refuse to renew any license as provided in the food, drug and cosmetic act or rules and regulations adopted thereunder, if the secretary determines that such applicant or licensee has:
(1) Been convicted of or pleaded guilty to a criminal violation of any provision of the food, drug and cosmetic act;
(2) failed to comply with any provision or requirement of the act or any rule and regulation or order adopted or issued thereunder;
(3) interfered with the secretary's ability to carry out inspections or the administration of the act, or any rule and regulation adopted thereunder; or
(4) denied the secretary access to any premises required to be inspected under the provisions of the act or any rule and regulation adopted thereunder.
History: L. 2009, ch. 59, § 4; L. 2012, ch. 145, § 25; July 1.
§ 65-691 Food establishments and food processing plants; licensure
(a) Except as otherwise provided in this section, any license issued under the provisions of this act shall expire on March 31 following the date of issuance. Licensees may renew licenses by applying to the secretary on or before the expiration date. Application for renewal of a license shall be made on a form prescribed by the secretary and shall be accompanied by the license fee required for the issuance of an original license. If the secretary refuses to renew any license, the secretary shall give written notice thereof to the licensee. In giving written notice, the secretary shall specify changes necessary for complete compliance with rules and regulations, and the secretary shall state that if compliance is achieved within the time designated then the license shall be renewed. If the licensee fails to achieve complete compliance within the prescribed time, the secretary, after notice and an opportunity for a hearing in accordance with the Kansas administrative procedure act, shall deny the application for a license. If for any reason, a licensee fails to renew a license prior to the expiration date, the licensee may obtain a renewal of such license within 30 days following the expiration date. In order to renew a license during this thirty-day period, the licensee must comply with the foregoing provisions of this section and pay a $25 late fee. If the licensee does not renew within the thirty-day period, then the license is treated as expired, and the licensee must apply for a new license.
(b) (1) The secretary shall inspect or cause to be inspected every licensed food establishment or food processing plant in this state. If upon inspection, the secretary determines that a food establishment or food processing plant does not comply with rules and regulations, the secretary shall give written or electronic notice to the owner, proprietor, or agent in charge of such food establishment or food processing plant. In giving notice, the secretary shall specify changes necessary for complete compliance, and the secretary shall designate a time period for achieving compliance. The prescribed time period shall not be less than 10 days, unless the secretary believes time is essential to protect public health and safety. If time is essential to protect public health and safety, the secretary may designate a shorter period for compliance. Also, in giving notice, the secretary shall state that if compliance is not achieved within the time prescribed, the license for the food establishment or food processing plant shall be subject to suspension or revocation.
(2) When a licensee of any food establishment or food processing plant receives notice of noncompliance, the licensee may apply to the secretary to extend the time period for achieving compliance. Upon review of any such application, the secretary may deny the application or the secretary may modify the time period for compliance.
(3) After the secretary has issued the notice of noncompliance, the secretary may inspect to determine if the food establishment or food processing plant has achieved compliance within the prescribed time. If the food establishment or food processing plant is noncompliant, the secretary, after providing notice and an opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may suspend or revoke the issued license.
(c) If after providing notice and an opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, the secretary determines that any person has engaged in or is engaging in any act or practice constituting a violation of any provision of this act, or any rules and regulations or order issued thereunder, the secretary may require that such person cease and desist from the unlawful act or practice. The secretary may take such affirmative action when in the secretary's judgment affirmative action carries out the purposes of the violated or potentially violated provision of this act or rules and regulations or order issued thereunder.
(d) Any party aggrieved by a final order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
History: L. 2012, ch. 145, § 1; July 1.
§ 65-692 Same; inspection by municipality, fire marshal
(a) The secretary is hereby authorized and empowered to contract with the governing body of any municipality for the enforcement of this act, and the rules and regulations adopted thereunder whenever the secretary shall determine that such municipality has adequate personnel to provide proper enforcement. Any municipality entering into a contract with the secretary to enforce statutes, rules or regulations shall act as an agent of the secretary in carrying out such duties. No such municipality shall charge any facility a fee for services performed as an agent of the secretary under such contract, which is in addition to and separate from, any fee such facility is required to pay to the secretary under the provisions of this act. Such municipality shall enforce such standards within the municipality as designated by contract. Any inspection of any premises by officers, employees or agents of any such municipality, and any notice of noncompliance issued as a result of any such inspection, shall have the same force and effect as if performed by the secretary.
(b) The secretary and the state fire marshal are hereby authorized and empowered to enter into a contract authorizing the state fire marshal or the fire marshal's deputies or lawful agents to enforce all or any portion of the standards promulgated pursuant to this act. Such contract shall designate specific facilities or types of facilities wherein such authority may be exercised. Any inspection of such facilities by the state fire marshal or the fire marshal's lawful agents to determine compliance with standards established pursuant to this act, and any notice of noncompliance issued as a result of any such inspection, shall have the same force and effect as if performed by the secretary. Such contract also may provide similar authority for the secretary with respect to enforcement of all or any portion of the Kansas fire prevention code in specified facilities or types of facilities. Any inspection of such establishments by the secretary to determine compliance with the Kansas fire prevention code shall have the same force and effect as if performed by the state fire marshal or the fire marshal's deputies or lawful agents.
History: L. 2012, ch. 145, § 2; July 1.
§ 65-693 Food establishments, dogs permitted inside or outside; conditions required to permit
(a) Notwithstanding any other provisions of state law, a food establishment, as defined in K.S.A. 65-656, and amendments thereto, that is a microbrewery as defined in K.S.A. 41-102, and amendments thereto, and is licensed as provided in K.S.A. 41-308b, and amendments thereto, may allow live dogs in outside and inside areas on the premises if the conditions specified in subsection (c) are met.
(b) Notwithstanding any other provisions of state law, a food establishment, as defined in K.S.A. 65-656, and amendments thereto, that is not a microbrewery as defined in K.S.A. 41-102, and amendments thereto, may allow live dogs in outside areas on the premises, if the conditions as specified in subsection (c) are met.
(c) The following conditions shall be met by a food establishment for dogs to be permitted on such food establishment's premises as permitted by subsections (a) and (b):
(1) The food establishment shall prepare a written plan describing the processes and procedures in place to prevent food contamination from dogs on the premises. The plan shall be posted next to the food establishment license inside the premises of the food establishment. The employees of the food establishment shall be trained on the plan, and the plan shall be made available to the Kansas department of agriculture upon request;
(2) dogs shall be under handler control. Dogs shall be well behaved and respond to their handler's command. Dogs belonging to food establishment owners, management or employees shall not be required to be leashed. Dogs belonging to guests of the food establishment shall be leashed at all times;
(3) with respect to a food establishment that is a microbrewery, as provided by subsection (a), dogs in indoor areas shall not be permitted in food or drink preparation areas, including, but not limited to, kitchens and behind bars;
(4) dogs shall not be permitted on dining surfaces, including tables, bars or counter tops;
(5) dogs shall not be fed or watered from any food establishment equipment, including, but not limited to, plates, bowls and utensils, except for single-service items that are disposed of immediately following such use;
(6) an area outside the food establishment shall be designated for dog urination and defecation;
(7) employees shall be required to wash their hands after contact of any kind with a dog prior to handling any food, drink, utensil or food or drink production, preparation or serving equipment or the preparation or use of surfaces that may come into contact with food or drink;
(8) guests shall be advised to wash their hands after any contact with a dog; and
(9) a process for immediately sanitizing equipment or surfaces used for the production, preparation, serving or consumption of food or drink if a dog has contact with such equipment or surfaces shall be developed and followed by the food establishment. This process shall include instructions for disposing of contaminated food or drink.
History: L. 2023, ch. 71, § 1; May 4.
§ 65-694 Individualized investigative treatments; definitions; use of patient's biospecimen; availability of treatment; administrative actions; private cause of action not created; citation of act
(a) As used in this act, unless the context otherwise requires:
(1) "Biospecimen" means biological materials obtained from living or deceased human subjects.
(2) "Eligible patient" means an individual who has:
(A) A life-threatening or severely debilitating illness, attested to by the patient's treating physician;
(B) considered all other treatment options currently approved by the United States food and drug administration;
(C) received a recommendation from the patient's physician for an individualized investigational treatment, based on analysis of the patient's genomic sequence, human chromosomes, deoxyribonucleic acid, ribonucleic acid, genes, gene products, such as enzymes and other types of proteins, or metabolites;
(D) given written, informed consent for the use of the investigational drug, biological product or device; and
(E) documentation from the patient's physician that such patient meets the requirements of this act.
(3) "Individualized investigational treatment" means drugs, biological products or devices that are unique to and produced exclusively for use on an individual patient, based on the patient's own genetic profile. "Individualized investigational treatment" includes, but is not limited to, individualized gene therapy antisense oligonucleotides (ASO) and individualized neoantigen vaccines.
(4) "Life-threatening or severely debilitating illness" means the same as currently defined in 21 C.F.R. § 312.81.
(5) "Physician" means an individual licensed by the state board of healing arts to practice medicine and surgery.
(6) "Written, informed consent" means a written document that is signed by the patient, a parent if the patient is a minor, the legal guardian or authorized representative as defined in K.S.A. 65-6836, and amendments thereto, and attested to by the patient's physician and a witness who is unaffiliated with such patient's physician or the physician's place of business and that includes all of the following:
(A) An explanation of the currently approved products and treatments for the disease or condition from which the patient suffers;
(B) clear identification of the specific proposed individualized investigational drug, biological product or device that the patient is seeking to use;
(C) a description of the potentially best and worst outcomes of using the individualized investigational drug, biological product or device and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different or worse symptoms might result and that death could be hastened by the proposed treatment. Such description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition;
(D) a statement that the patient's health plan or third party administrator and provider are not obligated to pay for any care or treatments as a result of the use of the individualized investigational drug, biological product or device, unless such provider is specifically required to do so by law or contract;
(E) a statement that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the individualized investigational drug, biological product or device and that such care may be reinstated if such treatment ends and the patient meets hospice eligibility requirements; and
(F) a statement that the patient understands that such patient is liable for all expenses related to the use of the individualized investigational drug, biological product or device and that this liability extends to the patient's estate, unless a contract between the patient and the manufacturer of the drug, biological product or device states otherwise.
(7) "Eligible facility" means an institution that is operating under a federalwide assurance for the protection of human subjects under 42 U.S.C. § 289(a) and 45 C.F.R. part 46 and the "eligible facility" is subject to the federalwide assurance laws, regulations, policies and guidelines including renewals or updates.
(b) (1) If a patient's biospecimen is used or requested for use by an eligible facility for a purpose other than the individualized investigative treatment of such patient, the patient or the patient's estate shall be notified of the intended use and asked to consent to such intended use of such biospecimen.
(2) Prior to a profit being realized on any product developed from a patient's biospecimen, an eligible facility shall disclose to the patient or the patient's estate each potential commercial application. The patient or the patient's estate must consent to each commercial application of the patient's biospecimen, which shall include a profit-sharing agreement or other contractual obligations benefiting the patient or such patient's estate for the commercial application of such patient's biospecimen.
(c) (1) A manufacturer operating within an eligible facility, pursuant to all applicable federalwide assurance laws and regulations, may make available an individualized investigative treatment and an eligible patient may request an individualized investigational drug, biological product or device from an eligible facility or manufacturer operating within an eligible facility under this act. This act does not require that a manufacturer make available an individualized investigational drug, biological product or device to an eligible patient.
(2) An eligible facility or manufacturer operating within an eligible facility may:
(A) Provide an individualized investigational drug, biological product or device to an eligible patient without receiving compensation; or
(B) require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product or device.
(d) This act shall not expand the coverage required of an insurer under the insurance code of the state of Kansas.
(e) A health plan, third party administrator or governmental agency may provide coverage for the cost of an individualized investigational drug, biological product or device or the cost of services related to the use of an individualized investigational drug, biological product or device under this act, except that, this act shall not require:
(1) Any governmental agency to pay costs associated with the use, care or treatment of a patient with an individualized investigational drug, biological product or device; or
(2) a hospital or facility licensed under article 4 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, to provide new or additional services unless approved by the hospital or facility.
(f) If a patient dies while being treated by an individualized investigational drug, biological product or device, the patient's heirs shall not be liable for any outstanding debt related to the treatment or lack of insurance due to the treatment, except that, a patient's estate may be held liable for any outstanding debt related to the treatment or lack of insurance due to such treatment.
(g) (1) A licensing board shall not revoke, fail to renew, suspend or take any discplinary action against a healthcare provider's license issued under chapter 65 of the Kansas Statutes Annotated, and amendments thereto, based solely on the healthcare provider's recommendations to an eligible patient regarding access to or treatment with an individualized investigational drug, biological product or device.
(2) Counseling, advice or a recommendation consistent with medical standards of care from a licensed healthcare provider shall not be a violation of this act.
(h) An entity responsible for medicare certification shall not take action against a healthcare provider's medicare certification based solely on the healthcare provider's recommendation that a patient have access to an individualized investigational drug, biological product or device.
(i) An official, employee, or agent of this state shall not block or attempt to block an eligible patient's access to an individualized investigational drug, biological product or device.
(j) This act shall not create a private cause of action against a manufacturer of an individualized investigational drug, biological product or device or against any other person or entity involved in the care of an eligible patient using the individualized investigational drug, biological product or device for any harm done to the eligible patient resulting from the individualized investigational drug, biological product or device if the manufacturer or other person or entity is complying in good faith with the terms of this act and has exercised reasonable care.
(k) This act shall not affect any mandatory healthcare coverage for participation in clinical trials under the insurance code of the state of Kansas.
(l) This section shall be known and may be cited as the right to try for individualized treatments act.
History: L. 2025, ch. 103, § 1; July 1.
Article 6a Meat and Poultry
§§ 65-6a01, 65-6a02 Repealed
History: L. 1945, ch. 254, §§ 1, 2; Repealed, L. 1969, ch. 296, § 30; December 1.
§ 65-6a03 Repealed
History: L. 1945, ch. 254, § 3; L. 1965, ch. 506, § 28; Repealed, L. 1969, ch. 296, § 30; December 1.
§§ 65-6a04 through 65-6a11 Repealed
History: L. 1945, ch. 254, §§ 4 to 11; Repealed, L. 1969, ch. 296, § 30; December 1.
§§ 65-6a12 through 65-6a17 Repealed
History: L. 1964, ch. 7, §§ 1 to 6 (Special Session); Repealed, L. 1969, ch. 296, § 30; December 1.
§ 65-6a18 Definitions
As used in this act:
(a) "Secretary" means the secretary of agriculture.
(b) "Person" means any individual, partnership, firm, corporation, association or other business unit or governmental entity.
(c) "Broker" means any person, firm or corporation engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission, or otherwise negotiating purchases or sales of such articles other than for the person's own account or as an employee of another person.
(d) "Public warehouseman" means any person engaged in the business of storing for commerce any meat, meat products, poultry or poultry products without assuming ownership of the product in storage.
(e) "Animal food manufacturer" means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of livestock, domestic rabbits or poultry.
(f) "Intrastate commerce" means commerce within the state of Kansas.
(g) "Meat food product" means any product capable of use as human food which is made wholly or in part from any meat or other portions of the carcasses of any livestock or domestic rabbits, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry and which are exempted from definition as a meat food product by the secretary under such conditions as the secretary may prescribe to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products.
(h) "Poultry" means any domesticated bird, whether live or dead.
(i) "Poultry product" means any poultry carcass, or part thereof or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry and which are exempted by the secretary from definition as a poultry product under such conditions as the secretary may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.
(j) "Capable of use as human food" means any carcass, or part or product of a carcass, of any animal unless it is denatured or otherwise identified as required by regulations adopted by the secretary to deter its use as human food or it is naturally inedible by humans.
(k) "Prepared" means slaughtered or processed.
(l) "Adulterated" means any carcass, or part thereof, any meat or meat food product, or any poultry or poultry product under one or more of the following circumstances:
(1) If the product bears or contains any poisonous or deleterious substance which may render it injurious to health, except that if the substance is not an added substance, the product shall not be considered adulterated if the quantity of such substance on or in the product does not render it injurious to health;
(2) (A) if the product bears or contains, by reason of administration by feeding or by injection of any substance to the live animal or otherwise, any added poisonous or added deleterious substance, other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; (ii) a food additive; or (iii) a color additive, which, in the judgment of the secretary, may make the product unfit for human food;
(B) if the product is, in whole or in part, a raw agricultural commodity and bears or contains a pesticide chemical which is unsafe within the meaning of rules and regulations adopted by the secretary;
(C) if the product bears or contains any food additive which is deemed unsafe in accordance with rules and regulations adopted by the secretary;
(D) if the product bears or contains any color additive which is deemed unsafe in accordance with rules and regulations adopted by the secretary; or
(E) any such product which is not adulterated under subsection (l)(2)(B), (l)(2)(C) or (l)(2)(D) shall nevertheless be deemed adulterated if the use of the pesticide chemical, the food additive or the color additive on or in such product is prohibited by rules and regulations of the secretary in establishments at which inspection is maintained under this act;
(3) if the product consists, in whole or in part, of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food;
(4) if the product has been prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;
(5) if the product is, in whole or in part, the product of an animal which has died otherwise than by slaughter;
(6) if the container for the product is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health;
(7) if the product has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to rules and regulations adopted by the secretary;
(8) (A) if any valuable constituent on or in the product has been, in whole or in part, omitted or abstracted therefrom;
(B) if any substance has been extracted and substitution made therefor, in whole or in part, or if any damage to, or inferiority of, the product has been concealed in any manner; or
(C) if any substance has been added to such product, or if any substance has been mixed or packed therewith, so as (i) to increase the bulk or weight of the product (ii) to reduce the quality or strength of the product or (iii) to make the product appear better or of greater value than it is, except that this provision does not apply to any cured or smoked pork product by reason of its containing added water; or
(9) if the product is a margarine containing animal fat and if any of the raw material used therein consisted, in whole or in part, of any filthy, putrid or decomposed substance.
(m) "Misbranded" means any carcass, part thereof, meat or meat food product, or poultry or poultry product, under any one or more of the following circumstances:
(1) If the labeling on the product or product container is false or misleading in any particular;
(2) if the product is offered for sale under the name of another food;
(3) if the product is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated;
(4) if the container on the product is so made, formed or filled as to be misleading;
(5) if the product is in a package or other container, unless it bears a label showing (A) the name and place of business of the manufacturer, packer or distributor and (B) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count; under subsection (m)(5)(A), reasonable variations may be permitted and exemptions as to small packages may be established by rules and regulations adopted by the secretary;
(6) if any word, statement or other information, which is required by or under authority of this act to appear on the label or other labeling for the product, is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(7) if the product purports to be, or is represented to be, a food for which a definition and standard of identity or composition has been prescribed by rules and regulations of the secretary, unless (A) it conforms to such definition and standard and (B) the label thereon bears the name of the food specified in the definition and standard, and insofar as may be required by such rules and regulations, the common names of optional ingredients (other than spices, flavoring and coloring) present in such food;
(8) if the product purports to be, or is represented to be, a food for which a standard of fill of container has been prescribed by rules and regulations of the secretary and if such product falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rules and regulations specify, a statement that it falls below such standard;
(9) if the product is not subject to subsection (m)(7), unless its label bears (A) the common or usual name of the food, if there is any, and (B) in case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings, when authorized by the secretary, may be designated as spices, flavorings and colorings without naming each; to the extent that compliance with the requirements of clause (B) of this provision is impracticable or results in deception or unfair competition, exemptions shall be established by rules and regulations adopted by the secretary;
(10) if the product purports to be, or is represented to be, for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the secretary, after consultation with the secretary of agriculture of the United States, determines to be, and by rules and regulations adopted by the secretary are prescribed to be, necessary in order to fully inform a purchaser as to its value for such uses;
(11) if the product bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact; to the extent that compliance with the requirements of this provision is impracticable, exemptions shall be established by rules and regulations adopted by the secretary; or
(12) if the product fails to bear directly thereon, or on the product container, as the secretary may prescribe by rules and regulations, the inspection legend unrestricted by any of the foregoing and such other information as the secretary may require in such rules and regulations to assure that the product will not have any false or misleading labeling and that the public will be informed of the manner of handling required to maintain the product in a wholesome condition.
(n) "Label" means a display of written, printed or graphic matter upon the immediate container (not including package liners) of any article.
(o) "Labeling" means all labels and other written, printed or graphic matter (1) upon any article or any of its containers or wrappers or (2) accompanying the article.
(p) "Federal meat inspection act" means the act so entitled, approved March 4, 1907, (21 U.S.C.A. § 601 et seq., 34 Stat. 1260) as amended by the federal wholesome meat act (8 Stat. 584).
(q) "Federal food, drug and cosmetic act" means the act so entitled, approved June 25, 1938, (21 U.S.C.A. § 301 et seq., 52 Stat. 1040), and amendments thereto.
(r) "Federal poultry products inspection act" means the act so entitled, approved August 28, 1957, (21 U.S.C.A. § 451 et seq., 71 Stat. 441) as amended by the federal wholesome poultry products act (82 Stat. 791).
(s) "Pesticide chemical," "food additive," "color additive" and "raw agricultural commodity" have the meanings for purposes of this act as ascribed thereto under K.S.A. 65-656, and amendments thereto.
(t) "Official mark" means the official inspection legend or any other symbol prescribed by rules and regulations of the secretary to identify the status of any article or animal under this act.
(u) "Official inspection legend" means any symbol prescribed by rules and regulations of the secretary showing that an article was inspected and passed in accordance with this act.
(v) "Official certificate" means any certificate prescribed by rules and regulations of the secretary for issuance by an inspector or other person performing official functions under this act.
(w) "Official device" means any device prescribed or authorized by the secretary for use in applying any official mark.
(x) "Slaughter facility" means any facility or section thereof which carries on the slaughter and dressing of animals.
(y) "Processing facility" means any facility or section thereof that packs, cans, salts, renders, bones, cuts up or otherwise manufactures meat or poultry into meat food products or poultry products.
(z) "Buffalo" means the American buffalo or bison (Bos, Bison bison or Bison americanus).
(aa) "Livestock" means cattle, buffaloes, sheep, swine, goats, domesticated deer, all creatures of the ratite family that are not indigenous to this state, including but not limited to ostriches, emus and rheas or horses, mules or other equines. Livestock shall not include buffalo or domesticated deer slaughtered for sport or recreational purpose.
(bb) "Wholesaler" means any person engaged in the distribution of inspected and passed meat, meat products, poultry or poultry products. Wholesalers may not further process or repackage product.
(cc) "Humane slaughter act" means K.S.A. 47-1401 et seq., and amendments thereto, and rules and regulations adopted thereunder.
(dd) "Domesticated deer" means any member of the family cervidae which was legally obtained and is being sold or raised in a confined area for breeding stock; for any carcass, skin or part of such animal; for exhibition; or for companionship.
History: L. 1969, ch. 296, § 1; L. 1981, ch. 243, § 1; L. 1985, ch. 211, § 1; L. 1986, ch. 232, § 1; L. 1993, ch. 143, § 9; L. 1994, ch. 79, § 9; L. 2003, ch. 118, § 3; L. 2004, ch. 101, § 89; L. 2012, ch. 145, § 28; July 1.
§ 65-6a19 Cooperation with U.S. department of agriculture
The secretary of agriculture is hereby authorized to cooperate with the United States department of agriculture in the enforcement of this act and the federal meat and poultry inspection acts.
History: L. 1969, ch. 296, § 2; L. 2004, ch. 101, § 90; July 1.
§ 65-6a20 Inspection of livestock, rabbits and poultry before slaughter; separate slaughter for diseased; inspection of carcasses
(a) For the purpose of preventing the use in intrastate commerce of meat and meat food products and poultry and poultry products which are adulterated, the secretary shall make an examination and inspection, by inspectors appointed for such purpose, of all livestock, domestic rabbits and poultry before such livestock, domestic rabbits and poultry are allowed to enter into any slaughtering, processing or similar establishment in this state in which slaughtering and preparation of meat or meat food products or poultry and poultry products of such animals are conducted for intrastate commerce. All livestock, domestic rabbits and poultry found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other livestock, domestic rabbits and poultry. When slaughtered as provided in this section, the carcasses of such livestock, domestic rabbits or poultry shall be subject to a careful examination and inspection as provided by the rules and regulations adopted by the secretary.
(b) For the purpose of preventing the inhumane slaughtering or inhumane handling in connection with slaughter of livestock, domestic rabbits or poultry, the secretary shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which livestock, domestic rabbits or poultry are slaughtered and handled in connection with slaughter in establishments registered or required to be registered under this act.
(c) The secretary may prescribe rules and regulations for the implementation of this section.
History: L. 1969, ch. 296, § 3; L. 1985, ch. 211, § 2; L. 2004, ch. 101, § 195; L. 2012, ch. 145, § 29; July 1.
§ 65-6a21 Post-mortem inspection of carcasses capable of use as human food; marking or labeling; destruction of adulterated carcasses for food purposes; removal of inspectors for failure to destroy
For the purposes of the Kansas meat and poultry inspection act, the secretary shall cause to be made, by inspectors appointed therefor, a post-mortem examination and inspection of the carcasses and parts thereof of all livestock, domestic rabbits and poultry which are capable of use as human food and which are to be prepared at any slaughtering, canning, salting, packing or similar establishment in this state in which such articles are prepared for intrastate commerce. The carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged or labeled as "inspected and passed." The inspectors shall label, mark, stamp or tag as "inspected and condemned" all carcasses and parts thereof of animals found to be adulterated. All carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the establishment in the presence of an inspector, and the secretary may remove inspectors from any such establishment which fails to so destroy any such condemned carcass or part thereof. After the first inspection and when they deem it necessary, the inspectors shall reinspect such carcasses or parts thereof to determine whether since the first inspection such carcasses or parts thereof have become adulterated. If any carcass or any part thereof, upon examination and inspection subsequent to the first examination and inspection, is found to be adulterated, it shall be destroyed for food purposes by the establishment in the presence of an inspector. The secretary may remove inspectors from any establishment which fails to so destroy any such condemned carcass or part thereof.
History: L. 1969, ch. 296, § 4; L. 1985, ch. 211, § 3; July 1.
§ 65-6a22 Inspection of carcasses prior to entry into department for processing; inspection of meat and poultry food products returned to slaughtering or processing establishment; limitation of entry of carcasses and products
The provisions of K.S.A. 65-6a21 and amendments thereto shall apply to all carcasses or parts of carcasses of livestock, domestic rabbits and poultry, or the meat or meat products or poultry or poultry products thereof, which are capable of use as human food and which may be brought into any slaughtering, canning, salting, packing or similar establishment where inspection under this act is maintained. The examination and inspection shall be conducted before such carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products or poultry food products. The provisions of K.S.A. 65-6a21 and amendments thereto shall also apply to all such products which, after having been issued from any such slaughtering, canning, salting, packing or similar establishment, are returned to the same or to any similar establishment where such inspection is maintained. The secretary may limit the entry of carcasses, parts of carcasses, meat and meat products, poultry and poultry products and other materials into any establishment at which inspection under this act is maintained under such conditions as the secretary may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this act.
History: L. 1969, ch. 296, § 5; L. 1985, ch. 211, § 4; July 1.
§ 65-6a23 Inspection of meat and poultry food products; inspectors' ingress and egress; marking or labeling of products; destruction of adulterated products; removal of inspectors
For the purposes hereinbefore set forth the secretary shall cause to be made by inspectors appointed for that purpose an examination and inspection of all meat food products and poultry products prepared in any slaughtering, canning, salting, packing or similar establishment, where such articles are prepared for intrastate commerce, and for the purposes of any examination and inspection said inspectors shall, upon showing proper credentials, have free ingress and egress into any part of any establishment regulated by this act; and said inspectors shall mark, stamp, tag or label as "Kansas inspected and passed" all such products found to be not adulterated; and said inspectors shall label, mark, stamp or tag as "Kansas inspected and condemned" all such products found adulterated, and all such condemned meat food products and poultry products shall be destroyed for food purposes, as hereinbefore provided, and the secretary may remove inspectors from any establishment which fails to so destroy such condemned meat food products and poultry products.
History: L. 1969, ch. 296, § 6; December 1.
§ 65-6a24 Packaged meat and poultry products; labeling and container standards; violations, procedure; hearing; judicial review
(a) When any meat, meat food product, poultry or poultry product prepared for intrastate commerce which has been inspected and marked "Kansas inspected and passed" shall be placed or packed in any can, pot, tin, canvas or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained, the person preparing the product shall cause a label to be attached to a can, pot, tin, canvas or other receptacle or covering, under supervision of an inspector, which label shall state that the contents thereof have been "Kansas inspected and passed" under the provisions of this act, and no inspection or examination of meat, meat food products, poultry or poultry products deposited or inclosed in cans, tins, pots, canvas or other receptacle or covering in any establishment where inspection under the provisions of this act is maintained shall be deemed to be complete until such meat, meat food products, poultry or poultry products have been sealed or inclosed in the can, tin, pot, canvas or other receptacle or covering under the supervision of an inspector.
(b) All carcasses, parts of carcasses, meat and meat food products, poultry and poultry products, inspected at any establishment under the authority of this act and found to be not adulterated, shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the secretary may require, the information required under subsection (m) of K.S.A. 65-6a18, and amendments thereto.
(c) The secretary, whenever the secretary determines such action is necessary for the protection of the public, may prescribe: (1) The style and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any meat or meat products, poultry or poultry products; or (2) definitions and standards of identity or composition for articles subject to this act and standards of fill of container for such articles shall be adopted by the secretary of agriculture in the manner provided by law.
(d) No article subject to this act shall be sold or offered for sale by any person in intrastate commerce, under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the secretary, are permitted.
(e) If the secretary has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this act is false or misleading in any particular, the secretary may order that such use be withheld unless the marking, labeling or container is modified in such manner as the secretary prescribes so that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the secretary, such person may request a hearing, but the use of the marking, labeling or container shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(f) Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1969, ch. 296, § 7; L. 1986, ch. 318, § 88; L. 1988, ch. 356, § 189; L. 2004, ch. 101, § 91; L. 2010, ch. 17, § 123; July 1.
§ 65-6a25 Sanitary conditions of establishments; sanitation rules and regulations; adulterated meat, poultry or products
The secretary shall cause to be made, by veterinarians or by other competent inspectors, such inspection of all slaughtering, canning, salting, packing or similar establishments in which livestock, domestic rabbits or poultry are slaughtered and in which the meat and meat food products and poultry and poultry products thereof are prepared for intrastate commerce as may be necessary to become informed concerning the sanitary conditions of the establishment and to prescribe the rules and regulations of sanitation under which such establishments shall be maintained. Where the sanitary conditions of any such establishments are such that the meat or meat food products or poultry or poultry products are rendered adulterated, the secretary shall refuse to allow the meat or meat products or poultry or poultry products to be labeled, marked, stamped or tagged as "Kansas inspected and passed."
History: L. 1969, ch. 296, § 8; L. 1985, ch. 211, § 5; July 1.
§ 65-6a26 Inspection during both day and nighttime operation; inspection fee schedule; overtime payment
The secretary shall cause an examination and inspection of all livestock, domestic rabbits and poultry, and the food products thereof, which are slaughtered and prepared in establishments for the purposes of intrastate commerce, to be made during the nighttime as well as during the daytime when such slaughtering or the preparation of such food products is conducted during the nighttime. The secretary of agriculture shall by rule and regulation establish a schedule of fees to be charged against establishments for inspections made other than during regularly scheduled inspection periods and for all costs incurred in paying overtime to inspectors required for the inspection of such establishments.
History: L. 1969, ch. 296, § 9; L. 1985, ch. 211, § 6; L. 2004, ch. 101, § 92; July 1.
§ 65-6a27 Violations of act
(a) It shall be a violation of this act for any person:
(1) To slaughter any livestock, domestic rabbits or poultry, except in compliance with this act;
(2) to prepare any meat, meat food product, poultry or poultry product which is capable of use as human food, at any establishment preparing such products, except in compliance with the requirements of this act;
(3) to do, with respect to any meat, meat food product, poultry or poultry product which is capable of use as human food, any act, while being distributed or transported or while being held for sale after such distribution or transportation, which has the effect of causing such products to be adulterated or misbranded; or
(4) to engage in a business specified in subsection (a) of K.S.A. 65-6a34 and amendments thereto or engage in business or operate a packing house, sausage plant, poultry packing plant, slaughterhouse or poultry dressing plant unless such person is currently registered with the secretary in accordance with the provisions of K.S.A. 65-6a34 and amendments thereto and has paid the fees required for the current calendar year as required by that section.
(b) It shall be a violation of this act for any person to sell, offer or expose for sale or to distribute or transport:
(1) Any carcass or part thereof which is capable of use as human food, or any meat, meat food product, poultry or poultry product which is adulterated or misbranded; or
(2) any carcass or part thereof which is capable of use as human food, or any meat, meat food product, poultry or poultry product, which is required to be inspected under the provisions of this act, unless such products have been so inspected and passed.
History: L. 1969, ch. 296, § 10; L. 1985, ch. 211, § 7; L. 1986, ch. 232, § 2; L. 1993, ch. 127, § 1; July 1.
§ 65-6a28 Acts involving official marks, labels and certificates or simulation thereof prohibited
(a) No brand manufacturer, printer or other person shall cast, print, lithograph or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the secretary.
(b) No person shall: (1) Forge any official device, mark or certificate;
(2) without authorization from the secretary use any official device, mark, certificate or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate;
(3) contrary to the regulations prescribed by the secretary of agriculture, fail to use, or to detach, deface or destroy any official device, mark or certificate;
(4) knowingly possess, without promptly notifying the secretary or his representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged or improperly altered official mark;
(5) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the secretary of agriculture; or
(6) knowingly represent that any article has been inspected and passed or exempted, under this act when, in fact, it has, respectively not been so inspected and passed, or exempted.
History: L. 1969, ch. 296, § 11; L. 2004, ch. 101, § 93; July 1.
§ 65-6a29 Horses, mules and rabbits; labeling of carcass or products; preparation in separate establishment
No person shall sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce any carcasses of horses, mules or other equines, domestic rabbits or parts of such carcasses or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules and regulations adopted by the secretary of agriculture to show the kinds of animals from which they were derived. When required by the secretary with respect to establishments at which inspection is maintained under this act, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which cattle, buffaloes, sheep, swine or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.
History: L. 1969, ch. 296, § 12; L. 1985, ch. 211, § 8; L. 2004, ch. 101, § 94; July 1.
§ 65-6a30 Meat and poultry inspection program established; personnel; inspection duties; rules and regulations
(a) There shall be established by the secretary of agriculture a meat and poultry inspection program to enforce the provisions of the Kansas meat and poultry inspection act. The program shall be under the supervision of the secretary of agriculture and the secretary shall appoint such personnel as may be necessary for the proper administration of the Kansas meat and poultry inspection act.
(b) The secretary of agriculture shall make provision for the examination and inspection of all livestock, domestic rabbits and poultry, as provided for under the Kansas meat and poultry inspection act, and of all carcasses and parts thereof, of all meats and meat food products thereof, of all poultry and poultry products thereof and of the sanitary conditions of all establishments in which such carcasses, parts of carcasses and products are prepared. Authorized representatives of the secretary shall refuse to stamp, mark, tag or label any carcass or any part thereof or any meat food product therefrom which is prepared in any establishment until the carcass or part thereof or meat food product has actually been inspected and found to be not adulterated.
(c) The authorized representatives of the secretary shall perform such other duties as are provided by this act and by the rules and regulations adopted by the secretary of agriculture.
(d) The secretary of agriculture shall adopt and amend from time to time such rules and regulations as are necessary for the efficient execution of the provisions of this act. On and after January 1, 2009, the secretary shall not promulgate or enforce any such rules and regulations that are more stringent, restrictive or expansive than required by federal law or any rule and regulation adopted by the United States department of agriculture. If the secretary determines that a more stringent, restrictive or expansive rule and regulation is necessary, the secretary may implement the rule and regulation only after approval by an act of the legislature.
(e) All inspections and examinations made under this act shall be made in the manner described in the rules and regulations adopted by the secretary of agriculture and shall not be inconsistent with the provisions of this act.
History: L. 1969, ch. 296, § 13; L. 1985, ch. 211, § 9; L. 2004, ch. 101, § 95; L. 2008, ch. 48, § 8; July 1.
§ 65-6a31 Exceptions to inspection requirements; custom slaughtering
(a) The provisions of this act shall not apply:
(1) To the slaughtering by any person of animals of such person's own raising or to the preparing by the slaughterer or to the transporting in intrastate commerce of the carcasses, parts thereof, meat food products or poultry products of such animals exclusively for use or consumption by such person, members of such person's household, former members of such household or such person's nonpaying guests and employees;
(2) to any person operating a retail store or similar retail type business who prepares only inspected and passed carcasses, parts thereof, meat food products or poultry products for sale to consumers at retail in normal retail quantities; or prepares inspected carcasses, parts thereof, meat food products or poultry products, owned by the consumer and prepared for such consumer's consumption or the consumption of such consumer's household members, nonpaying guests and employees; or
(3) to any person operating a restaurant who prepares only inspected and passed carcasses, parts thereof, meat food products or poultry products for human consumption.
(b) (1) Only those provisions of this act relating to registration, humane slaughter and humane handling in connection with slaughter, sanitation and adulteration shall apply:
(A) To a person custom slaughtering livestock, domestic rabbits or poultry delivered by the owner thereof for such slaughter, including the custom preparation by such slaughterer and the transportation in intrastate commerce of the carcasses, parts thereof, meat food products or poultry products of such animals exclusively for use or consumption by the owner, the members of the owner's household or the owner's nonpaying guests and employees; or
(B) to the custom preparation by any person, firm or corporation of carcasses, parts thereof, meat or meat food products, derived from the slaughter by any person of livestock of such person's own raising, or from game animals which are delivered by the owner thereof for such custom preparation and transportation in intrastate commerce of such custom prepared articles, exclusively for use in the household of the owner by the owner and the members of the owner's household and the owner's nonpaying guests and employees.
(2) In cases where such person, firm or corporation engages in such custom operations at an establishment at which inspection under the Kansas meat and poultry inspection act is maintained, the secretary may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis, except that custom operations at any establishment shall be exempt from inspection requirements as provided by this section only if the establishment complies with rules and regulations adopted by the secretary to assure that any carcasses, parts thereof, meat or meat food products wherever handled on a custom basis, or any containers or packages containing such articles, are separated at all times from carcasses, parts thereof, meat or meat food products prepared for sale and that all such articles prepared on a custom basis, or any containers or packages containing such articles, are plainly marked "not for sale" immediately after being prepared and kept so identified until delivered to the owner and that the establishment conducting the custom operation is maintained and operated in a sanitary manner.
(c) Only those provisions of this act relating to sanitation and adulteration shall apply to a person operating a food locker plant who: (1) Prepares meat, meat food products, poultry or poultry products which have been inspected and passed and which are being prepared and sold in normal retail quantities; or (2) prepares such meat, meat products, poultry or poultry products for the owner thereof.
(d) Notwithstanding any other provision of this section, any carcasses, parts thereof, meat, or meat products prepared on a custom basis, or any containers or packages containing such articles, shall be plainly marked "Not for Sale" immediately after being prepared and kept so identified until delivered to the owner.
History: L. 1969, ch. 296, § 14; L. 1970, ch. 251, § 1; L. 1971, ch. 207, § 1; L. 1976, ch. 268, § 1; L. 1985, ch. 211, § 10; L. 2004, ch. 101, § 96; L. 2012, ch. 145, § 30; July 1.
§ 65-6a32 Storage and handling of meat, poultry and food products; rules and regulations
The secretary of agriculture may prescribe by rules and regulations the conditions under which carcasses, parts of carcasses, meat and meat food products of livestock and poultry and poultry products, which are capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, distributing or transporting in or for intrastate commerce such articles whenever the secretary of agriculture deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such rule and regulation is prohibited.
History: L. 1969, ch. 296, § 15; L. 1985, ch. 211, § 11; L. 1993, ch. 127, § 2; L. 2004, ch. 101, § 97; July 1.
§ 65-6a33 Slaughter and preparation of meat and products not for human food, not inspected; identification
Inspection shall not be provided under this act at any establishment for the slaughter of livestock or poultry, or the preparation of any carcasses or parts or products of such animals, which are not intended for use as human food, but such articles shall be denatured or otherwise identified as prescribed by rules and regulations of the secretary of agriculture prior to their offer for sale, distribution or transportation [in] intrastate commerce, unless naturally inedible by humans, to deter their use for human food. No person shall buy, sell, transport, distribute or offer for sale, distribution or transportation, or receive for distribution or transportation in intrastate commerce, any carcasses, parts thereof, meat or meat food products or poultry or poultry products of any such animals which are not intended for use as human food unless they are denatured or otherwise identified as required by the rules and regulations of the secretary of agriculture or are naturally inedible by humans.
History: L. 1969, ch. 296, § 16; L. 1985, ch. 211, § 12; L. 1993, ch. 127, § 3; L. 2004, ch. 101, § 98; July 1.
§ 65-6a34 Engaging in business; registration required; annual fee; reinstatement fee
(a) No person shall: (1) Engage in business, in or for intrastate commerce, as a broker or animal food manufacturer; (2) engage in business in such commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any livestock, domestic rabbits or poultry, whether intended for human food or other purposes; or (3) engage in business as a public warehouseman storing any such articles in or for such commerce, without first having registered with the secretary such person's name and the address of each place of business at which, and all trade names under which, such person conducts such business and having paid the $25 registration fee.
(b) No person shall engage in business or operate as a slaughter or processing facility solely on a custom basis as described by subsection (b)(1) of K.S.A. 65-6a31, and amendments thereto; a slaughter facility, processing facility, state-owned slaughter or processing facility operated in conjunction with education and research and located at institutions under the jurisdiction of the state board of regents, or slaughter or processing facility operated in conjunction with education and research and located at a public secondary school without registering such person's name and place of business with the secretary, and paying the $25 registration fee.
(c) Any person whose completed application for renewal of a registration required by this section is not received by January 15 of the year of renewal shall be subject to a reinstatement fee which shall be paid in addition to the required registration fee. If the completed application for renewal of a registration required by this section is received by the secretary after January 15 and on or before January 31 of the year of renewal, the reinstatement fee shall be $10. If the completed application for renewal of a registration required by this section is received after January 31 of the year of renewal, the amount of the reinstatement fee shall be increased at the rate of $25 per month for each additional month or fraction thereof. No registration required by this section shall be reinstated if it has been delinquent for one year. No registration required by this section shall be issued until all applicable reinstatement fees, if any, have been paid.
History: L. 1969, ch. 296, § 17; L. 1969, ch. 297, § 1; L. 1980, ch. 185, § 1; L. 1983, ch. 2, § 2; L. 1985, ch. 211, § 13; L. 1986, ch. 232, § 3; L. 1990, ch. 218, § 1; L. 2012, ch. 145, § 31; July 1.
§ 65-6a34a Denial or suspension of registration; hearing; appeal
(a) The secretary may deny, suspend, revoke or modify the provisions of any registration issued under the Kansas meat and poultry inspection act, if the secretary finds, after notice and opportunity for a hearing are given in accordance with the Kansas administrative procedure act, that the applicant or registrant has:
(1) Been convicted of or pleaded guilty to a violation of the Kansas meat and poultry inspection act or any rule and regulation promulgated thereunder;
(2) failed to comply with any provision or requirement of the Kansas meat and poultry inspection act or any rule and regulation adopted thereunder;
(3) interfered with or prevented the secretary or any authorized inspector or any other authorized representative of the secretary from the performance of that person's job duties regarding any inspection or the administration of the provisions of the Kansas meat and poultry inspection act; or
(4) denied the secretary or any authorized representative of the secretary access to any premises required to be inspected under the provisions of the Kansas meat and poultry inspection act.
(b) The registration holder may appeal from the decision and order, in accordance with the provisions of the Kansas judicial review act.
(c) This section shall be part of and supplemental to the Kansas meat and poultry inspection act, article 6a of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1993, ch. 127, § 6; L. 2010, ch. 60, § 8; L. 2010, ch. 155, § 19; July 1.
§ 65-6a35 Cooperation with U.S. secretary of agriculture; appointment to advisory committees
(a) The Kansas department of agriculture is hereby designated as the state agency which shall be responsible for cooperating with the secretary of agriculture of the United States under the provisions of section 301 of the federal meat inspection act, and section 5 of the federal poultry inspection act.
(b) In such cooperative efforts, the secretary of agriculture is authorized to accept from the secretary of agriculture of the United States advisory assistance in planning and otherwise developing the state program, technical and laboratory assistance and training (including necessary curricular and instructional materials and equipment), and financial and other aid for administration of such a program.
(c) The secretary of agriculture is further authorized to recommend to the secretary of agriculture of the United States such officials or employees of this state as the secretary of agriculture shall designate, for appointment to the advisory committees provided for in section 301 of the federal meat inspection act; and the secretary of agriculture or the secretary's delegate shall serve as the representative of the governor for consultation with the secretary of agriculture of the United States under paragraph (c) of section 301 of the act.
History: L. 1969, ch. 296, § 18; L. 2004, ch. 101, § 99; July 1.
§ 65-6a36 Refusal to provide or withdraw inspection services for applicant or recipient convicted of certain offenses; hearing
(a) The secretary may, for such period, or indefinitely, as the secretary deems necessary to effectuate the purposes of this act, refuse to provide, or withdraw, inspection service under this act with respect to any establishment if the secretary determines, after opportunity for a hearing is accorded to the applicant for, or recipient of, such service, that such applicant or recipient is unfit to engage in any business requiring inspection under this act because the applicant or recipient, or anyone responsibly connected with the applicant or recipient, has been convicted, in any federal or state court, of (1) any felony based upon the acquiring, handling, transporting or distributing of unwholesome, adulterated, mislabeled or deceptively packaged food or upon fraud in connection with transactions in food, or (2) more than one violation of any law, other than a felony, based upon the acquiring, handling, transporting or distributing of unwholesome, adulterated, mislabeled or deceptively packaged food or upon fraud in connection with transactions in food. This section shall not affect in any way other provisions of this act for withdrawal of the inspection services from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat or meat food products, poultry or poultry products.
(b) Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1969, ch. 296, § 19; L. 1988, ch. 356, § 190; L. 1993, ch. 127, § 4; July 1.
§ 65-6a37 Adulterated or misbranded meat or products; procedure
The procedure to be followed with respect to meat or meat products believed to be adulterated or misbranded shall be in like manner as that set forth in K.S.A. 65-660 for foods in general.
History: L. 1969, ch. 296, § 20; December 1.
§ 65-6a38 Act not affecting trade of locker plant located near border of state
Nothing in this act shall be construed as limiting or prohibiting the operator of any frozen food locker plant, whose plant is so located near the border of the state that its normal trade area includes territory in a neighboring state, from continuing to provide custom slaughtering and related services, meeting the standards and in compliance with requirements established under the provisions of this act, to persons living within such normal trade area. The providing of custom slaughtering and related services to persons within such normal trade area shall not be considered as constituting the engaging in interstate commerce for the purpose of this act.
History: L. 1969, ch. 296, § 21; December 1.
§ 65-6a39 Jurisdiction to enforce act vested in district court
The district courts are vested with jurisdiction specifically to enforce and to prevent and restrain violations of this act, and shall have jurisdiction in all other kinds of cases arising under this act, except as provided in K.S.A. 65-6a24(e).
History: L. 1969, ch. 296, § 22; December 1.
§ 65-6a40 Penalties
Any person who violates any of the provisions of this act or the provisions of any rule or regulation adopted under the provisions of this act for which no other criminal penalty is provided shall be deemed guilty of a nonperson misdemeanor and upon conviction thereof shall be punished by imprisonment for not more than one year, or by a fine of not more than $1000, or by both such imprisonment and fine. If such violation involves intent to defraud, or any transportation or distribution or attempted transportation or distribution of an article that is adulterated, such person shall be deemed guilty of a nonperson felony and upon conviction thereof shall be punished by imprisonment for not more than three years or by a fine of not more than $10,000, or by both such imprisonment and fine. No person shall be subject to penalties under this section for receiving for transportation or distribution any article or animal in violation of this act if such receipt was made in good faith.
History: L. 1969, ch. 296, § 23; L. 1993, ch. 127, § 5; July 1.
§ 65-6a41 Records; maintenance and access to records; refusal to furnish certain information and documents to secretary unlawful
(a) Any person registered or required to be registered under the provisions of K.S.A. 65-6a34, and amendments thereto, shall keep records that fully and accurately disclose transactions related to animals prepared for and capable of use as human food. Nothing in this section shall affect the exemptions established in K.S.A. 65-6a31, and amendments thereto. All persons, firms and corporations subject to such requirements, at all reasonable times upon request by the secretary, shall provide access to their places of business and provide an opportunity to examine the facilities, inventory and records thereof and to copy all such records.
(b) Any record required to be maintained by this section shall be maintained for a period of time as the secretary shall prescribe by rules and regulations.
(c) It shall be unlawful for any person to refuse to furnish, on request of a representative of the secretary, the name and address of the person from whom such person received any article or animal which does not meet the requirements of this act, and copies of all documents, if any there be, pertaining to the delivery of the article or animal to such person.
History: L. 1969, ch. 296, § 24; L. 2012, ch. 145, § 32; July 1.
§ 65-6a42 Repealed
History: L. 1969, ch. 296, § 25; Repealed, L. 1973, ch. 2, § 36; July 1.
§ 65-6a43 Severability of act
If any provision of this act or the application thereof to any person or circumstances is held invalid, the validity of the remainder of the act and of the application of such provision to other persons and circumstances shall not be affected thereby.
History: L. 1969, ch. 296, § 26; December 1.
§ 65-6a44 Adoption of regulations
The secretary of agriculture is hereby authorized to prepare and adopt regulations for the proper enforcement of the act. The secretary of agriculture may adopt regulations for the exemption of the operations of any person from inspection or other requirements of this act if and to the extent such operations would be exempt from corresponding requirements of the federal meat inspection act or the federal poultry inspection act.
History: L. 1969, ch. 296, § 27; L. 2004, ch. 101, § 100; July 1.
§ 65-6a44a Secretary to establish standards of identity for water added pork products
(a) The secretary of agriculture shall adopt rules and regulations establishing standards of identity for water added pork products within 60 days after the effective date of this act.
(b) The provisions of this section are a part of and supplemental to the Kansas meat and poultry inspection act.
History: L. 1981, ch. 243, § 2; L. 2004, ch. 101, § 101; July 1.
§ 65-6a45 Meat and poultry inspection; disposition of moneys received; meat and poultry inspection fee fund
The secretary of agriculture shall remit all moneys received by or for the secretary under article 6a of chapter 65 of Kansas Statutes Annotated, and amendments thereto, 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 meat and poultry inspection fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
History: L. 1969, ch. 296, § 28; L. 1973, ch. 2, § 28; L. 2001, ch. 5, § 220; L. 2004, ch. 101, § 102; July 1.
§ 65-6a46 Title of act
This act may be cited as the Kansas meat and poultry inspection act.
History: L. 1969, ch. 296, § 29; December 1.
§ 65-6a47 Imported meat, poultry or dairy products; labeling; definitions
Every wholesaler or retailer who sells or offers for sale in the state of Kansas through a meat market, store or otherwise, any meats, either canned, frozen or cured, or any poultry, eggs or butter, which are the products of any country foreign to the United States, shall clearly label such meat, poultry, eggs or butter as "imported," naming the country of its origin, which labeling shall be in lettering not less than ½ inch in height. As used in this act: (a) The word "retailer" shall mean a person regularly engaged in the business of selling meat, canned, frozen or cured, or poultry, eggs or butter, at retail to the trade and public as such, and selling only to the user or consumer and not for resale; (b) the word "meat" means the dressed flesh of cattle, swine, horses, sheep, rabbits or goats but shall not include fish or products of fish.
History: L. 1970, ch. 252, § 1; L. 1982, ch. 260, § 1; July 1.
§ 65-6a48 Same; enforcement of act
The attorney general shall enforce the provisions of this act. The attorney general or the duly authorized agents of the attorney general shall have access at all regular business hours to every retail establishment which sells or offers to sell meat, poultry, eggs or butter to the public.
History: L. 1970, ch. 252, § 2; L. 1975, ch. 462, § 77; L. 1999, ch. 67, § 1; July 1.
§ 65-6a49 Same; injunctions
In addition to other remedies provided by this act the attorney general is authorized to apply to the district court, and such court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating this act.
History: L. 1970, ch. 252, § 3; L. 1975, ch. 462, § 78; L. 1999, ch. 67, § 2; July 1.
§ 65-6a50 Same; prosecution for violation of act
Upon determining that a provision of this act has been violated, it shall be the duty of the attorney general to institute appropriate proceedings in the proper courts without delay and to prosecute the same in the manner provided by law.
History: L. 1970, ch. 252, § 4; L. 1975, ch. 462, § 79; L. 1999, ch. 67, § 3; July 1.
§ 65-6a51 Same; rules and regulations
The attorney general is hereby authorized to adopt such rules and regulations as the attorney general deems necessary to properly enforce the provisions of this act.
History: L. 1970, ch. 252, § 5; L. 1975, ch. 462, § 80; L. 1999, ch. 67, § 4; July 1.
§ 65-6a52 Penalty
Any person who shall fail to comply with the provisions of this act shall be deemed guilty of a class C misdemeanor.
History: L. 1970, ch. 252, § 6; July 1.
§ 65-6a53 Imported catfish; labeling
No catfish which is produced outside of the United States shall be sold or offered for sale at retail in the state of Kansas for consumption off of the premises upon which sold or offered for sale unless clearly labeled in letters not less than one-fourth (¼) inch in height as having been imported.
History: L. 1977, ch. 209, § 1; July 1.
§ 65-6a54 Same; rules and regulations
The secretary of health and environment shall adopt such rules and regulations deemed necessary for the proper administration and enforcement of this act.
History: L. 1977, ch. 209, § 2; July 1.
§ 65-6a55 Same; violation of act; penalty
Any violation by any person, partnership, corporation or other association of the provisions of this act is a class C misdemeanor.
History: L. 1977, ch. 209, § 3; July 1.
§ 65-6a56 Violations of meat and poultry inspection act; civil penalties; disposition of moneys
(a) Any person who violates any of the provisions of the Kansas meat and poultry inspection act, article 6a of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or any rule and regulation promulgated thereunder, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in the amount fixed by rules and regulations of the secretary of agriculture in an amount not less than $100 nor more than $5,000 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) A duly authorized agent of the secretary, upon finding that any person or agent or employee thereof has violated any provision of the Kansas meat and poultry inspection act or any rule and regulation promulgated thereunder, may impose a civil penalty as provided by this section upon such person.
(c) No civil penalty shall be imposed pursuant to this section except on written order of the duly authorized agent of the secretary to the person who committed the violation or to the person whose agent or employee committed the violation. Such order shall state the violation, the penalty to be imposed and the right of such person to appeal to the secretary. Any such person, within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(d) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(e) Any civil penalty recovered pursuant to the provisions of 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.
(f) This section shall be part of and supplemental to the Kansas meat and poultry inspection act, article 6a of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1991, ch. 176, § 1; L. 2001, ch. 5, § 221; L. 2004, ch. 101, § 103; L. 2010, ch. 17, § 125; July 1.
§ 65-6a57 Actions arising out of consumption of a meat product; liability of producer where livestock inspected under Kansas law
(a) As used in this section, for livestock prepared in Kansas in accordance with K.S.A. 65-6a18 et seq., and amendments thereto: (1) "Producer" means any person engaged in the business of breeding, grazing, maintenance or feeding of livestock.
(2) "Livestock," "meat food product," "person" and "prepared" shall have the meanings ascribed thereto by K.S.A. 65-6a18, and amendments thereto.
(b) In an action arising as a result of consumption of a meat food product against a producer of livestock, there shall be a rebuttable presumption that the producer of livestock met the standard of ordinary care in the production of the livestock in question, if the livestock in question was inspected and passed in accordance with the provisions of K.S.A. 65-6a18 et seq., and amendments thereto.
(c) In no event shall a producer of livestock in an action arising as a result of consumption of a meat food product be held to a standard higher than that of ordinary care if the livestock in question had been inspected and passed in accordance with the provisions of K.S.A. 65-6a18 et seq., and amendments thereto.
History: L. 2004, ch. 116, § 2; July 1.
§ 65-6a58 Same; liability of producer where livestock inspected under federal law
(a) As used in this section, for livestock prepared in Kansas in accordance with the federal meat inspection act, 21 U.S.C.A. § 601 et seq.: (1) "Producer" means any person engaged in the business of breeding, grazing, maintenance or feeding of livestock.
(2) "Livestock" means cattle, sheep, swine, goats, horses, mules or other equines.
(3) "Meat food product" and "prepared" shall have the meanings ascribed thereto by 21 U.S.C.A. § 601(j) et seq.
(4) "Person" shall have the meaning ascribed thereto by K.S.A. 65-6a18, and amendments thereto.
(b) In an action arising as a result of consumption of a meat food product against a producer of livestock there shall be a rebuttable presumption that the producer of livestock met the standard of ordinary care in the production of the livestock in question, if the livestock in question was inspected and passed in accordance with the provisions of 21 U.S.C.A. § 601 et seq.
(c) In no event shall a producer of livestock in an action arising as a result of consumption of a meat food product be held to a standard higher than that of ordinary care if the livestock had been inspected and passed in accordance with the provisions of 21 U.S.C.A. § 601 et seq.
History: L. 2004, ch. 116, § 3; July 1.
§ 65-6a59 Voluntary inspection of animals
(a) The secretary may make provision for voluntary inspection for animals other than livestock, poultry or rabbits which can or may be used in and for the preparation of meat or meat products, poultry or poultry products and establish such fees to cover the cost of providing such voluntary inspection services. The secretary shall consider adequate and efficient staffing and expertise prior to providing voluntary inspection services.
(b) A person requesting voluntary inspection services shall submit a request for inspection services on a form provided by the secretary.
(c) The secretary may refuse to provide voluntary inspection services due to staffing, inspector expertise or any other good cause shown. Priority in scheduling inspection services shall be given for inspection services mandated by the meat and poultry inspection act.
(d) The secretary may prescribe rules and regulations for the implementation of this section.
(e) This section shall be a part of and supplemental to the meat and poultry inspection act.
History: L. 2012, ch. 145, § 26; July 1.
§ 65-6a60 Supervision of operations; slaughtering operations; processing operations; work schedules
(a) No operation requiring inspection under article 6a of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, may be conducted unless it is conducted under the supervision of a representative of the secretary. All slaughtering of animals shall be done:
(1) Under the direct supervision of a representative of the secretary; and
(2) with reasonable speed, considering the official establishment's facilities.
The secretary may implement inspection procedures for processing operations that are different from the inspection procedures for slaughter operations. Processing procedures may include procedures that allow for varied frequency of inspection depending on the processing operations conducted.
(b) Each official establishment applying the mark of inspection shall submit a work schedule to the secretary for approval upon the occurrence of any of the following:
(1) Prior to the inauguration of the inspection.
(2) When a change in work schedule is requested, except for minor deviations from a daily operating schedule approved by the area supervisor.
(3) Upon request by a representative of the secretary.
Work schedules shall specify the daily clock hours of inspected operations.
(c) The secretary shall take into account the efficient and effective use of inspection personnel when approving work schedules. The secretary shall consult with the establishments involved when designating work schedules.
(d) Establishments shall maintain consistent work schedules. The secretary may prescribe by rules and regulations the process by which an establishment may request a change in its work schedule.
(e) This section shall be a part of and supplemental to the meat and poultry inspection act.
History: L. 2012, ch. 145, § 27; July 1.
Article 6b Amygdalin (Laetrile)
§ 65-6b01 Amygdalin (laetrile); definitions
As used in this act:
(a) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.
(b) "Medical care facility" means the same as the meaning ascribed thereto in K.S.A. 65-425.
(c) "Health care facility" means a facility other than a medical care facility providing care for persons who are ill or infirm and includes adult care homes as such term is defined by K.S.A. 39-923.
(d) "Written informed request" means the request for the prescription of amygdalin (laetrile) and the form for such request established under K.S.A. 65-6b05.
History: L. 1978, ch. 239, § 1; July 1.
§ 65-6b02 Same; use in treatment by physician, limitations on interference with
No medical care facility or other health care facility shall interfere with the physician-patient relationship by restricting or prohibiting the use of amygdalin (laetrile) as an adjunct to recognized, customary or accepted modes of therapy or by itself in the treatment of any malignancy, disease, illness or physical condition when amygdalin (laetrile) is prescribed or administered by a physician, and the patient has signed the written informed request therefor substantially as set forth in K.S.A. 65-6b05.
History: L. 1978, ch. 239, § 2; July 1.
§ 65-6b03 Same; when prescribed or administered
A physician may prescribe or administer amygdalin (laetrile) as an adjunct to recognized, customary or accepted modes of therapy or by itself in the treatment of any malignancy, disease, illness or physical condition of a patient who has signed the written informed request substantially as set forth in K.S.A. 65-6b05.
History: L. 1978, ch. 239, § 3; July 1.
§ 65-6b04 Same; act not endorsement; certain treatment by physician not prohibited
Nothing in this act shall be construed as constituting an endorsement of amygdalin (laetrile) for the treatment of any malignancy, disease, illness or physical condition, and nothing in this act shall be construed as preventing a physician from prescribing amygdalin (laetrile) as a dietary supplement to a patient not suffering from any known malignancy, disease, illness, or physical condition upon execution of the written informed request therefor.
History: L. 1978, ch. 239, § 4; July 1.
§ 65-6b05 Same; written informed request
The "written informed request" referred to in this act shall be on a form prepared by, and obtained from the state board of healing arts and shall be in substance as follows:
WRITTEN INFORMED REQUEST FOR PRESCRIPTION OF AMYGDALIN (LAETRILE) FOR MEDICAL TREATMENT
Patient's name:
Address
Age
Sex
Name and address of prescribing physician:
Malignancy, disease, illness or physical condition diagnosed for medical treatment by amygdalin (laetrile) or its use as a dietary supplement:
My physician has explained to me:
(a) That the federal food and drug administration has determined amygdalin (laetrile) to be an "unapproved new drug" and that federal law prohibits the interstate distribution of an "unapproved new drug."
(b) That neither the American cancer society, the American medical association, the Kansas medical society nor the Kansas association of osteopathic medicine recommends use of amygdalin (laetrile) in the treatment of any malignancy, disease, illness or physical condition.
(c) That there are alternative recognized treatments for the malignancy, disease, illness or physical condition from which I suffer which my physician has offered to provide for me including: (Here describe)
That notwithstanding the foregoing, I hereby request prescription and use of amygdalin (laetrile) (a) in the medical treatment of the malignancy, disease, illness or physical condition from which I suffer □, (b) as a dietary supplement □ or (c) both in the medical treatment of the malignancy, disease, illness or physical condition from which I suffer and as a dietary supplement □ (check (a), (b) or (c)).
Patient or person signing for patient
ATTEST:
Prescribing Physician
A copy of such written informed request shall be forwarded forthwith after execution thereof to the medical care facility or other health care facility and the state board of healing arts.
History: L. 1978, ch. 239, § 5; July 1.
§ 65-6b06 Amygdalin (laetrile); registration to manufacture; duties of secretary of health and environment; fees
(a) No person shall manufacture within this state amygdalin (laetrile) without first obtaining a registration from the secretary of health and environment permitting the registrant to manufacture such substance. This registration shall not constitute a representation that amygdalin (laetrile) has any therapeutic effect. The registration is effective for one year after the date of its issuance and may be renewed annually by the registrant subject to the provisions of this section.
(b) The secretary of health and environment shall: (1) Adopt rules and regulations which prescribe minimum standards for manufacturers in preparing, compounding, processing, packaging and labeling amygdalin (laetrile); (2) make periodic tests and inspections of both the facilities for manufacture and samples of amygdalin (laetrile) to ascertain the purity, quality and identity of the substance and to determine that the substance meets the standards prescribed under this subsection (b); and (3) adopt rules and regulations establishing registration and renewal fees for persons applying for registration or renewal of registration for the purpose of paying the costs of the inspections, testing and other functions required to administer the provisions of this section.
(c) Before acting upon an application for a registration or the renewal of a registration under this section, the secretary of health and environment shall collect the registration or renewal fee established under this section. A registration or renewal thereof shall not be issued unless such fees have been collected.
(d) The secretary of health and environment, after giving notice and holding a hearing in accordance with the provisions of the Kansas administrative procedure act, may revoke, suspend or refuse to renew the registration of any person who: (1) Fails to maintain the standards adopted by the secretary of health and environment under subsection (b); or (2) violates any rule and regulation adopted by the secretary of health and environment under this section.
History: L. 1978, ch. 239, § 6; L. 1988, ch. 356, § 191; July 1, 1989.
§ 65-6b07 Same; permit to distribute at wholesale; duties of secretary of health and environment; fees; hearing
(a) No person shall distribute at wholesale within this state amygdalin (laetrile) without first obtaining a permit from the secretary of health and environment authorizing the permit holder to distribute such substance at wholesale. The permit is effective for one year after the date of its issuance and may be renewed annually by the permit holder subject to the provisions of this section.
(b) The secretary of health and environment shall: (1) Adopt such rules and regulations with respect to permits issued under this section as may be necessary for the protection of the public health and safety; and (2) establish by rule and regulation permit and renewal fees for persons applying for a permit or renewal of a permit under this section for the purpose of paying for the costs involved in administering the provisions of this section.
(c) Before acting upon an application for a permit or the renewal of a permit under this section, the secretary of health and environment shall collect the permit or renewal fee established under this section. A permit or renewal thereof shall not be issued unless such fees have been collected.
(d) The secretary of health and environment, after giving notice and holding a hearing in accordance with the provisions of the Kansas administrative procedure act, may revoke, suspend or refuse to renew the permit of any person who violates any rule and regulation adopted by the secretary of health and environment under this section.
History: L. 1978, ch. 239, § 7; L. 1982, ch. 258, § 6; L. 1988, ch. 356, § 192; July 1, 1989.
§ 65-6b08 Same; penalty for violations of act
The following violations of this act shall constitute class B misdemeanors: (a) Manufacturing amygdalin (laetrile) without a currently effective registration to do so;
(b) distributing amygdalin (laetrile) at wholesale without a currently effective permit to do so; and
(c) selling, offering for sale or distributing amygdalin (laetrile) to the public, except by a physician, without a currently effective permit to do so; and
(d) selling, offering for sale or distributing amygdalin (laetrile) to the public without a valid prescription of a physician to do so.
History: L. 1978, ch. 239, § 8; July 1.
§ 65-6b09 Same; permit to sell, offer for sale or distribute to public; duties of secretary of health and environment; fees; hearing
(a) No person, other than a physician, shall sell, offer for sale or distribute to the public within this state amygdalin (laetrile) without first obtaining a permit from the secretary of health and environment authorizing the permit holder to sell, offer for sale and distribute such substance to the public. The permit is effective for one year after the date of its issuance and may be renewed annually by the permit holder subject to the provisions of this section.
(b) The secretary of health and environment shall: (1) Adopt such rules and regulations with respect to permits issued under this section as may be necessary for the protection of the public health and safety; (2) establish by rule and regulation permit and renewal fees to persons applying for a permit or renewal of a permit under this section for the purpose of paying for the costs involved in administering the provisions of this section; and (3) adopt rules and regulations setting the maximum reasonable price at which amygdalin (laetrile) may be sold and the maximum reasonable charges physicians may make in amygdalin (laetrile) related treatment.
(c) Before acting upon an application for a permit or the renewal of a permit under this section, the secretary of health and environment shall collect the permit or renewal fee established under this section. A permit or renewal thereof shall not be issued unless such fees have been collected.
(d) The secretary of health and environment, after giving notice and holding a hearing in accordance with the provisions of the Kansas administrative procedure act, may revoke, suspend or refuse to renew the permit of any person who violates any rule and regulation adopted by the secretary of health and environment under this section.
History: L. 1978, ch. 239, § 9; L. 1982, ch. 258, § 7; L. 1988, ch. 356, § 193; July 1, 1989.
§ 65-6b10 Same; amygdalin (laetrile) enforcement fee fund
The secretary of health and environment shall remit all moneys received by the secretary under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund, and the balance shall be credited to the amygdalin (laetrile) enforcement fee fund, which fund is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or a person or persons designated by the secretary.
History: L. 1978, ch. 239, § 10; L. 2001, ch. 5, § 222; L. 2011, ch. 53, § 27; July 1.
§ 65-6b11 Same; records required
A physician shall maintain records of his or her purchases and disposals of amygdalin (laetrile) to include, but not be limited to, the date of purchase, sale or disposal of such substance by the physician.
History: L. 1978, ch. 239, § 12; July 1.
§ 65-6b12 Same; act not applicable to certain persons
Nothing in this act shall be construed as applying to any person receiving amygdalin (laetrile) under an order of a court of the United States for his or her own personal use; nor shall anything in this act be construed as prohibiting any person from acquiring amygdalin (laetrile) from without the state and transporting amygdalin (laetrile) into the state for his or her own personal use.
History: L. 1978, ch. 239, § 15; July 1.
Article 7 Milk and Dairy Products
§ 65-701 Repealed
History: L. 1927, ch. 242, § 2; L. 1990, ch. 219, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-702 Repealed
History: L. 1927, ch. 242, § 3; L. 1990, ch. 219, § 2; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-703 Repealed
History: L. 1927, ch. 242, § 4; L. 1985, ch. 212, § 1; L. 1990, ch. 219, § 3; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-704 Repealed
History: L. 1927, ch. 242, § 5; L. 1971, ch. 208, § 1; L. 1990, ch. 219, § 4; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-705 Repealed
History: L. 1927, ch. 242, § 6; L. 1971, ch. 208, § 2; L. 1990, ch. 219, § 5; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-706 Repealed
History: L. 1927, ch. 242, § 7; L. 1933, ch. 86, § 1 (Special Session); L. 1990, ch. 219, § 6; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-707 Repealed
History: L. 1927, ch. 242, § 8; L. 1939, ch. 238, § 1; L. 1959, ch. 252, § 1; L. 1963, ch. 313, § 1; L. 1965, ch. 378, § 1; L. 1984, ch. 227, § 1; L. 1985, ch. 213, § 1; L. 1990, ch. 219, § 7; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-708 Repealed
History: L. 1927, ch. 242, § 9; L. 1949, ch. 330, § 1; L. 1959, ch. 253, § 1; L. 1973, ch. 2, § 30; L. 1982, ch. 4, § 14; L. 1984, ch. 228, § 1; L. 1990, ch. 219, § 8; L. 1994, ch. 336, § 10; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-708a Repealed
History: L. 1973, ch. 2, § 31; L. 1994, ch. 336, § 11; L. 2001, ch. 5, § 223; Repealed, L. 2001, ch. 167, § 16; July 1.
§ 65-709 Repealed
History: L. 1909, ch. 237, § 11; R.S. 1923, 65-709; Repealed, L. 1927, ch. 242, § 14; March 31.
§ 65-710 Repealed
History: L. 1871, ch. 57, § 1; R.S. 1923, 65-710; Repealed, L. 1927, ch. 242, § 14; March 31.
§ 65-711 Repealed
History: L. 1874, ch. 83, § 1; R.S. 1923, 65-711; Repealed, L. 1927, ch. 242, § 14; March 31.
§§ 65-712 through 65-714 Repealed
History: L. 1923, ch. 226, §§ 1 to 3; R.S. 1923, 65-712 to 65-714; Repealed, L. 1927, ch. 242, § 14; March 31.
§ 65-715 Repealed
History: L. 1927, ch. 242, § 10; L. 1959, ch. 253, § 2; L. 1990, ch. 219, § 9; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-716 Repealed
History: L. 1927, ch. 242, § 11; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-717 Repealed
History: L. 1927, ch. 242, § 12; Repealed, L. 1959, ch. 253, § 4; July 1.
§ 65-718 Repealed
History: L. 1927, ch. 242, § 13; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-719 Repealed
History: L. 1949, ch. 330, § 2; L. 1959, ch. 253, § 3; L. 1982, ch. 4, § 15; L. 1984, ch. 228, § 2; L. 1990, ch. 219, § 10; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-720 Repealed
History: L. 1949, ch. 330, § 3; L. 1965, ch. 378, § 2; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-720a Repealed
History: L. 1965, ch. 378, § 3; L. 1989, ch. 190, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-720b Repealed
History: L. 1965, ch. 378, § 4; L. 1984, ch. 228, § 3; L. 1990, ch. 238, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-720c Repealed
History: L. 1965, ch. 378, § 5; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-720d Repealed
History: L. 1965, ch. 378, § 6; L. 1967, ch. 339, § 2; L. 1990, ch. 238, § 2; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-720e Repealed
History: L. 1965, ch. 378, § 7; Repealed, L. 1990, ch. 238, § 3; July 1.
§§ 65-720f, 65-720g Repealed
History: L. 1967, ch. 339, §§ 1, 3; Repealed, L. 1990, ch. 238, § 3; July 1.
§§ 65-720h through 65-720r Repealed
History: L. 1990, ch. 219, §§ 11 to 21; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-721 Repealed
History: L. 1949, ch. 330, § 4; Repealed, L. 1959, ch. 253, § 4; July 1.
§§ 65-722 through 65-724 Repealed
History: L. 1951, ch. 364, §§ 1 to 3; Repealed, L. 1967, ch. 340, § 8; L. 1968, ch. 297, § 4; July 1, 1970.
§§ 65-725 through 65-732 Repealed
History: L. 1953, ch. 8, §§ 1 to 8; Repealed, L. 1984, ch. 227, § 2; July 1.
§§ 65-733, 65-734 Repealed
History: L. 1955, ch. 288, §§ 1, 2; Repealed, L. 1990, ch. 238, § 3; July 1.
§§ 65-735, 65-736 Repealed
History: L. 1957, ch. 342, §§ 1, 2; Repealed, L. 1965, ch. 378, § 8; June 30.
§ 65-737 Repealed
History: L. 1961, ch. 291, § 1; L. 1967, ch. 340, § 1; L. 1971, ch. 209, § 1; L. 1975, ch. 315, § 1; L. 1975, ch. 462, § 81; L. 1985, ch. 212, § 2; L. 1990, ch. 220, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-737a Repealed
History: L. 1967, ch. 340, § 2; L. 1968, ch. 297, § 1; L. 1975, ch. 315, § 2; L. 1975, ch. 462, § 82; L. 1985, ch. 212, § 3; L. 1990, ch. 220, § 3; L. 1992, ch. 192, § 3; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-737b Repealed
History: L. 1967, ch. 340, § 3; L. 1974, ch. 348, § 26; L. 1975, ch. 416, § 6; L. 1982, ch. 347, § 24; Repealed, L. 1992, ch. 192, § 17; July 1.
§ 65-737c Repealed
History: L. 1967, ch. 340, § 4; L. 1975, ch. 462, § 83; L. 1985, ch. 212, § 4; L. 1990, ch. 220, § 4; Repealed, L. 1992, ch. 192, § 17; July 1.
§ 65-738 Repealed
History: L. 1961, ch. 291, § 2; L. 1967, ch. 340, § 6; L. 1968, ch. 297, § 2; L. 1970, ch. 253, § 8; L. 1975, ch. 315, § 3; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-738a Repealed
History: L. 1967, ch. 340, § 5; L. 1968, ch. 297, § 3; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-739 Repealed
History: L. 1961, ch. 291, § 3; Repealed, L. 1967, ch. 340, § 8; L. 1968, ch. 297, § 4; July 1, 1970.
§ 65-740 Repealed
History: L. 1961, ch. 291, § 4; Repealed, L. 1967, ch. 340, § 8; L. 1968, ch. 297 § 4; July 1, 1970.
§ 65-741 Repealed
History: L. 1961, ch. 291, § 5; L. 1967, ch. 340, § 7; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-742 Repealed
History: L. 1961, ch. 291, § 6; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-743 Repealed
History: L. 1968, ch. 120, § 1; Repealed, L. 1975, ch. 315, § 5; July 1.
§ 65-744 Repealed
History: L. 1970, ch. 253, § 1; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-745 Repealed
History: L. 1970, ch. 253, § 2; L. 1982, ch. 4, § 16; L. 1990, ch. 220, § 5; L. 1991, ch. 186, § 1; L. 1994, ch. 336, § 12; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-746 Repealed
History: L. 1970, ch. 253, § 3; L. 1990, ch. 220, § 6; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-747 Repealed
History: L. 1970, ch. 253, § 4; L. 1975, ch. 315, § 4; L. 1988, ch. 356, § 194; L. 1990, ch. 220, § 7; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-748 Repealed
History: L. 1970, ch. 253, § 5; L. 1990, ch. 220, § 8; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-749 Repealed
History: L. 1970, ch. 253, § 6; Repealed, L. 2001, ch. 32, § 24; July 1.
§ 65-750 Repealed
History: L. 1970, ch. 253, § 7; L. 1973, ch. 2, § 32; L. 1994, ch. 336, § 13; L. 2001, ch. 5, § 224; Repealed, L. 2001, ch. 167, § 16; July 1.
§§ 65-751 through 65-753 Repealed
History: L. 1990, ch. 220, §§ 2, 9, 10; Repealed, L. 2001, ch. 32, § 24; July 1.
§§ 65-761 through 65-766 Repealed
History: L. 1985, ch. 200, §§ 1 to 6; Repealed, L. 1988, ch. 6, § 1; July 1.
§ 65-767 Repealed
History: L. 1985, ch. 200, § 7; L. 1986, ch. 318, § 89; Repealed, L. 1988, ch. 6, § 1; July 1.
§§ 65-768, 65-769 Repealed
History: L. 1985, ch. 200, §§ 8, 9; Repealed, L. 1988, ch. 6, § 1; July 1.
§ 65-770 Repealed
History: L. 1989, ch. 2, § 1; L. 2001, ch. 5, § 225; Repealed, L. 2001, ch. 167, § 16; July 1.
§ 65-771 Milk, milk products and dairy products; definitions
As used in this act*:
(a) "Adulterated" means the same as provided in K.S.A. 65-664, and amendments thereto.
(b) "Bulk milk pick up tanker" means a vehicle, including the truck, tank and those appurtenances necessary for such vehicle's use, used by a bulk milk hauler or sampler to transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving station or transfer station.
(c) "Dairy manufacturing plants" means any place where dairy products, grade A milk or milk products are manufactured or prepared for sale or distribution, either at wholesale or retail. "Dairy manufacturing plants" does not include a licensed food service establishment that is licensed to manufacture homemade ice cream pursuant to this act.
(d) "Dairy products" means products that may be made from milk or cream for manufacturing purposes and are not required to meet grade A standards. "Dairy products" includes butter, cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated milk, whole or skim, condensed whole milk, condensed skim milk, sweetened or plain, frozen dairy dessert, and frozen dairy dessert mixes and such other products as may be otherwise designated by rules and regulations.
(e) "Frozen dairy dessert" means products containing milk or cream and other ingredients that are frozen or semi-frozen prior to consumption, such as ice cream, ice milk or sherbet, including frozen dairy desserts for special dietary purposes.
(f) "Frozen dairy dessert mix" means the pasteurized unfrozen combination of all ingredients with or without fruits, fruit juices, candy, nut meats, flavor or harmless color that makes a frozen dairy dessert.
(g) "Grade A pasteurized milk" means pasteurized milk that has at least a 90% survey rating, as determined by a survey of the source conducted by the secretary pursuant to the survey rating methods for conducting surveys of the status of milk sanitation.
(h) "Grade A pasteurized milk products" means all pasteurized milk products that have at least a 90% survey rating, as determined by a survey of the source conducted by the secretary pursuant to the survey rating methods for conducting surveys of the status of milk sanitation.
(i) "Grade A raw milk for pasteurization" means milk having at least 90% survey rating, as determined by a survey of the source conducted by the secretary pursuant to the survey rating methods for conducting surveys of the status of milk sanitation, the raw milk meeting the requirements for grade A under the rules and regulations adopted pursuant to this act.
(j) "Imminent health hazard" means any condition that involves milk, milk products or dairy products, or any practice or procedure in the handling, transportation, storage, processing or manufacturing of milk, milk product or dairy product that poses a significant threat of danger to the public health that should be corrected immediately to prevent injury or sickness and that should not be permitted to continue while a hearing or other proceeding is being conducted.
(k) "In package form" means any commodity put up or packaged in any manner in advance of sale so as to constitute a unit quantity of the commodity for either wholesale or retail sale, exclusive of any auxiliary container enclosing such packages that individually conform to the requirements of this act.
(l) "Milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy hooved mammals. Except for on-farm retail sale of milk or milk products, milk sold in final package form shall have been pasteurized or ultrapasteurized.
(m) "Milk distributor" means any person who first sells or offers for sale in Kansas any packaged grade A pasteurized milk, milk product, or dairy product.
(n) "Milk hauler or sampler" means any person who collects official samples and may transport raw milk from a farm or raw milk products to or from a milk plant or both, receiving station or transfer station and has in their possession a permit from any state to sample such products.
(o) "Milk inspection and regulatory services" means the inspection, sampling, laboratory testing and the administrative procedures relating thereto, necessary to determine that the production, processing, distribution and sale of grade A milk, milk products, and dairy products comply with the requirements of this act and any rules and regulations adopted hereunder.
(p) "Milk or cream for manufacturing purposes" means raw milk or raw cream that is not subject to grade A standards and produced for processing and manufacturing into dairy products for human consumption.
(q) "Milk or cream receiving station" means any place where milk or cream may be received, collected, handled, processed, stored or collected and prepared for further transporting.
(r) "Milk or cream transfer station" means any place where milk or cream are transferred directly from one milk tank truck to another.
(s) "Milk plant" means any place, premises or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, ultrapasteurized, aseptically processed, condensed, dried, packaged or prepared for distribution.
(t) "Milk processor" means any person who operates any place, premises or establishment where grade A raw milk for pasteurization or milk or cream for manufacturing purposes is processed, pasteurized, bottled or prepared for distribution.
(u) "Milk producer" means any person who owns or operates a dairy farm and who provides, sells or offers for sale grade A raw milk for pasteurization or milk or cream for manufacturing purposes to a milk plant, receiving station or transfer station.
(v) "Milk products" means cream, light cream, light whipping cream, heavy cream, heavy whipping cream, whipped cream, whipped light cream, sour cream, acidified sour cream, cultured sour cream, half-and-half, sour half-and-half, acidified sour half-and-half, cultured sour half-and-half, reconstituted or recombined milk and milk products, concentrated milk, concentrated milk products, nonfat skim milk, reduced fat or lowfat milk, frozen milk concentrate, eggnog, buttermilk, cultured milk, cultured reduced fat or lowfat milk, cultured nonfat skim milk, yogurt, lowfat yogurt, nonfat yogurt, acidified milk, acidified reduced fat or lowfat milk, acidified nonfat skim milk, low-sodium milk, low-sodium reduced fat or lowfat milk, low-sodium nonfat skim milk, lactose-reduced milk, lactose-reduced reduced fat or lowfat milk, lactose-reduced nonfat skim milk, aseptically processed and packaged milk and milk products, milk, reduced fat or lowfat milk or nonfat skim milk with added safe and suitable microbial organisms and any other milk product made by the addition or subtraction of milkfat or addition of safe and suitable optional ingredients for protein, vitamin or mineral fortification of milk products defined herein. "Milk products" includes those dairy foods made by modifying the federally standardized products listed in this section in accordance with 21 C.F.R. § 130.10, requirements for foods named by use of a nutrient content claim and a standardized term. Milk and milk products that have been retort processed after packaging or concentrated, condensed or dried are included in this definition only if they are used as an ingredient to produce any milk or milk product defined herein or if they are labeled as Grade A as adopted and described by rules and regulations promulgated under this act. Except as otherwise provided, "milk products" does not include dietary products, infant formula, ice cream or other desserts, butter or cheese.
(w) "Milk tank truck" means the term used to describe both a bulk milk pick up tanker and a milk transport tank.
(x) "Milk tank truck cleaning facility" means any place, premises or establishment, other than a milk plant, receiving station or transfer station, where a milk tank truck is cleaned and sanitized.
(y) "Milk transport tank" means a vehicle including the truck and tank, used by a bulk milk hauler or sampler to transport bulk shipments of milk and milk products from a milk plant, receiving station or transfer station to another milk plant, receiving station or transfer station.
(z) "Milk transportation company" means the person, business or entity responsible for a milk tank truck.
(aa) "Misbranded" means the same as provided in K.S.A. 65-665, and amendments thereto.
(bb) "On-farm retail sales of milk or milk products" means the sale of unpasteurized raw milk or unpasteurized raw milk products on the farm by the producer from the production of the dairy herd to the final consumer.
(cc) "Pasteurized" means the same as provided in 21 C.F.R. §§ 131.3 and 135.3.
(dd) "Person" means any individual, plant operator, partnership, corporation, company, firm, trustee, association or institution.
(ee) "Plant fabricating single service articles" means any place that manufactures single service articles that are expected to come in contact with grade A milk or grade A milk products.
(ff) "Secretary" means the secretary of the Kansas department of agriculture, or the secretary's designee.
(gg) "Single service article or container" means any container having a milk or milk product-contact surface and used in the packaging, handling, storage or servicing of grade A milk and is intended for one usage only.
History: L. 2001, ch. 32, § 1; L. 2002, ch. 181, § 15; L. 2004, ch. 101, § 171; L. 2010, ch. 72, § 16; L. 2022, ch. 45, § 4; July 1.
§ 65-771a Milk standards; content requirements
(a) Except as provided in article 7 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and in rules and regulations adopted by the secretary hereunder, the secretary shall apply the definitions and standards of identity ascribed to milk and dairy products by the federal food and drug administration.
(b) Goat milk sold in retail packages shall contain not less than 2.5% milkfat and not less than 7.5% milk solids not fat. Goat milk shall be produced according to the sanitary standards of this act and may have been adjusted by separating part of the milkfat therefrom or by adding cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk or nonfat dry milk thereto. Goat milk may be homogenized.
(c) Milk that is not goat milk shall contain not less than 3.25% milkfat and not less than 8.25% milk solids not fat. Milk may have been adjusted by separating part of the milkfat therefrom or by adding cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk or nonfat dry milk thereto. Milk may be homogenized.
(d) Milk or cream for manufacturing purposes may contain less than 3.25% butterfat and shall be delivered pure, sweet and clean.
(e) Grade A pasteurized milk, grade A pasteurized milk products and grade A milk for pasteurization shall meet the requirements for grade A under the rules and regulations adopted pursuant to this act. The secretary may authorize the use of the grade A designation for a temporary time period on grade A pasteurized milk within the statewide system of milk inspection and regulatory services, even if such grade A pasteurized milk does not have at least a 90% survey rating.
History: L. 2022, ch. 45, § 1; July 1.
§ 65-772 Secretary to adopt rules and regulations
(a) The secretary shall adopt such rules and regulations as are necessary to implement the provisions of this act, and shall be charged with the enforcement of this act and of any rules and regulations adopted hereunder.
(b) All rules and regulations of the Kansas department of agriculture or the secretary of the Kansas department of agriculture concerning milk, cream and dairy products in existence on the effective date of this act shall continue to be effective until revised, amended, revoked or nullified pursuant to law.
History: L. 2001, ch. 32, § 2; L. 2004, ch. 101, § 172; July 1.
§ 65-773 Inspection and testing of milk products
It shall be the duty of the secretary to:
(a) Establish a statewide system of milk inspection and regulatory services to insure, by means of uniform inspection and sampling procedures, that all milk and milk products sold in this state at retail to the final consumer, except on-farm retail sales of milk or milk products, shall attain the standard of grade A pasteurized. The secretary may contract with the governing body of any county or incorporated city, or both, for the provision of milk inspection and regulatory services, and compensation shall be made by the secretary for the furnishing of these services;
(b) inspect or cause to be inspected, as often as may be deemed practicable, all businesses licensed pursuant to this act and any other places where milk, milk products or dairy products are produced, manufactured, kept, handled, stored or sold within the state. The secretary may enter any business licensed under this act during regular business hours or any other hours during which business is in operation or any other place where any milk, milk products or dairy products are manufactured, produced, stored, sold or kept for sale or transportation, for the purpose of performing official duties under this act;
(c) prohibit the production and sale of adulterated or misbranded milk, milk products or dairy products;
(d) seize and condemn for food purposes all unclean, adulterated or misbranded milk, milk products or dairy products wherever such milk, milk products or dairy products may be found; and
(e) take or cause to be taken samples of milk, milk products or dairy products and cause the same to be analyzed or tested according to such methods as shall be prescribed by rules and regulations. Such test or analyses shall conform to methods of the association of official analytical chemists or any other such similar organization as determined by the secretary. Such analyses or tests shall be preserved and recorded as evidence, and the certificate of such test, when sworn to by the analyst, shall be admitted in evidence in all prosecutions that may result under the operation of this act.
History: L. 2001, ch. 32, § 3; July 1.
§ 65-774 Powers of secretary
The secretary may:
(a) Examine any books and records which are kept by any person who is subject to this act and which pertain to any milk, milk products or dairy products or any fees required to be paid pursuant to this act;
(b) examine under oath or otherwise, any person whom the secretary may believe has knowledge concerning the unlawful operation of any business required to be licensed under this act or any place where milk, milk products or dairy products are produced, bought, sold or stored contrary to the provisions of this act;
(c) issue subpoenas requiring the appearance of witnesses and the production of books, papers, reports and records, and to administer oaths under this act;
(d) cooperate with, contract with, and receive funds from any governmental agency; and
(e) enter into reciprocal agreements with other states governing the inspection of milk, milk products and dairy products.
History: L. 2001, ch. 32, § 4; July 1.
§ 65-775 Adoption of rules and regulations
(a) The secretary may adopt rules and regulations:
(1) Establishing criteria for the sanitary production, processing, handling, sampling, examination, testing, grading and labeling of all milk, milk products and dairy products sold or produced in the state of Kansas;
(2) providing criteria for the inspection of dairy farms, dairy manufacturing plants, plants fabricating single service articles, milk or cream transfer stations, milk or cream receiving stations, milk haulers and milk distributors;
(3) establishing sanitation standards and equipment and utensil standards for dairy farms, dairy manufacturing plants, plants fabricating single service articles, transfer stations, receiving stations, milk haulers and milk distributors;
(4) establishing standards of identity for milk, milk products and dairy products. Such standards shall take into consideration corresponding federal standards of identity where such standards exist;
(5) prescribing for any person regulated under this act any bookkeeping or reporting requirements deemed necessary by the secretary, including the maintenance of records and making such records available to the secretary;
(6) regarding bacterial and coliform standards or other quality standards for milk, milk products, or dairy products; and
(7) establishing specifications for apparatus and chemicals and procedures for sampling, testing and weighing milk, cream, butter and any other milk products or dairy products. These specifications, directions and other technical requirements shall conform, insofar as practical, to the official methods of analysis of the association of official analytical chemists or any other such similar organization.
(b) Any rules and regulations promulgated under this act shall conform, insofar as practicable, to the pasteurized milk ordinance, and the policies adopted by the interstate milk shippers conference.
History: L. 2001, ch. 32, § 5; L. 2002, ch. 181, § 16; July 1.
§ 65-776 Political subdivisions of state prohibited from performing further inspection or assessment of fees
(a) All milk, milk products and dairy products which have been inspected in accordance with the provisions of this act, and any rules and regulations adopted thereunder, may be moved, distributed or sold, any place in this state, and any further inspection by any political subdivision of this state shall be prohibited. The duly authorized official of any political subdivision of this state may take samples of such products which have been moved into, distributed within or sold within, the boundaries of such political subdivision of this state, for the sole purpose of determining that such products meet the bacterial, butterfat, temperature and coliform standards prescribed in the rules and regulations adopted pursuant to this act. Nothing in this act shall be construed as prohibiting any epidemiological investigations by the proper authorities of any political subdivision.
(b) No political subdivision of this state shall be permitted to fix or impose any license fee, privilege or occupation tax or other charge against the production premises or the product or against any person as a prerequisite for the movement, distribution or sale of any milk, milk product or dairy products within the state or any political subdivisions thereof, and any sampling performed by any political subdivision in accordance with the provisions of subsection (a) or any testing or inspection of milk or milk products by any political subdivision for epidemiological purposes, shall be performed entirely at the expense of such political subdivision.
(c) The secretary or the secretary's authorized representative shall be notified of any sampling being performed by political subdivisions within the state under the provisions of this section.
History: L. 2001, ch. 32, § 6; July 1.
§ 65-777 Secretary may perform tests and assess fees therefor
(a) The secretary, through the department of agriculture's laboratory, may test any sample of milk, milk product or dairy product for bacteria or somatic cells or perform any other test required by this act or any rules and regulations promulgated under this act.
(b) The secretary is hereby authorized to establish by rules and regulations a schedule of fees for such tests performed by the laboratory.
History: L. 2001, ch. 32, § 7; L. 2010, ch. 72, § 17; July 1.
§ 65-778 License requirement for certain persons engaged in milk, cream or dairy business; fees
(a) Any person who engages in business as a dairy manufacturing plant shall first apply for and obtain a dairy manufacturing plant license from the secretary and shall pay a license fee of $120, or commencing July 1, 2002, and ending June 30, 2028, a license fee of $200.
(b) Any person who engages in business as a distributor of milk, milk products or dairy products shall first apply for and obtain a milk distributor license from the secretary and shall pay a license fee of $120, or commencing July 1, 2002, and ending June 30, 2028, a license fee of $200. No milk distributor license shall be required for a licensed dairy manufacturing plant which distributes only those products which it manufactures.
(c) Any person who engages in business as a milk hauler shall first apply for and obtain a milk hauler license from the secretary and shall pay a license fee of $25 or commencing July 1, 2002, and ending June 30, 2028, a license fee of $35. As part of the application, the secretary may require the applicant to be tested regarding proper procedures for sampling, testing and weighing milk or cream and state laws and rules and regulations.
(d) Any person who operates a milk or cream transfer station or milk or cream receiving station shall first apply for and obtain a milk or cream station license from the secretary and shall pay a license fee of $50, or commencing July 1, 2002, and ending June 30, 2028, a license fee of $100.
(e) Any person who engages in business as a manufacturer of single service dairy containers or manufacturer of single service dairy container closures shall first apply for and obtain a single service manufacturing license from the secretary and shall pay a license fee of $50, or commencing July 1, 2002, and ending June 30, 2028, a license fee of $100.
(f) Any person who operates a milk tank truck cleaning facility shall first apply for and obtain a milk tank truck cleaning facility license from the secretary and shall pay a license fee of $100.
(g) Any license issued under this section shall be renewed annually.
(h) The dairy manufacturing plant license, milk distributor license, milk tank truck cleaning facility license, milk or cream station license and single service manufacturing license shall expire on December 31 of the year it was issued unless suspended or revoked by the secretary pursuant to this act. The milk hauler license shall expire on June 30 following the date of issuance unless suspended or revoked by the secretary pursuant to this act.
(i) No license issued under this section shall be transferable. No license shall be renewed if any assessments or fees required under this act are delinquent.
(j) Each applicant for a license or for the renewal of such license shall submit an application on a form supplied by the secretary accompanied by the license fee. All licenses shall be conspicuously displayed in the applicant's place of business.
(k) The secretary shall reduce any license fee in subsections (a) through (f) by adopting rules and regulations whenever the secretary determines that such fee is yielding more than is necessary for administering the provisions of this act. The secretary may increase any license fee in subsections (a) through (f) by adopting rules and regulations when such license fee is necessary to produce sufficient revenues for administering the provisions of this act. License fees in subsections (a) through (f) shall not be increased in excess of the maximum amounts provided in this section.
History: L. 2001, ch. 32, § 8; L. 2002, ch. 181, § 17; L. 2004, ch. 85, § 14; L. 2009, ch. 128, § 32; L. 2010, ch. 72, § 18; L. 2014, ch. 133, § 7; L. 2017, ch. 86, § 9; L. 2022, ch. 45, § 5; July 1.
§ 65-779 Permit to sell grade A pasteurized milk or milk products
(a) Any person who is required to pay or remit a fee under this act in order to sell, offer for sale, receive or distribute grade A raw milk for pasteurization, grade A pasteurized milk or grade A pasteurized milk products within this state shall first apply for and obtain a valid permit to do so from the secretary. Such permit shall be issued upon application to the secretary, and no fee shall be charged therefor.
(b) No permit issued under this section shall be transferable. No permit shall be renewed if any assessments or fees required under this act are delinquent.
History: L. 2001, ch. 32, § 9; July 1.
§ 65-780 Loss of license; conditions therefor
The secretary may deny, suspend, revoke or modify or refuse to renew the provisions of any license or permit issued under this act if the secretary finds, after notice and opportunity for a hearing are given in accordance with the provisions of the Kansas administrative procedure act that the applicant, licensee or permit holder or any agent or employee, thereof has:
(a) Been convicted of or pleaded guilty to a violation of this act or any rules and regulations promulgated thereunder;
(b) failed to comply with any provision or requirement of this act or any rules and regulations promulgated thereunder;
(c) interfered with the secretary in the performance of any job duties regarding any inspection or the administration of the provisions of this act;
(d) denied access to premises required to be inspected under the provisions of this act;
(e) failed to pay or remit any required fee or fees, or any part thereof; or
(f) failed to submit a required report, or submitted a false report.
Any such hearing shall be held by the secretary or a presiding officer from the office of administrative hearings.
History: L. 2001, ch. 32, § 10; L. 2004, ch. 145, § 22; L. 2010, ch. 60, § 9; July 1.
§ 65-780a Temporary suspension of license; reinstatement
(a) The secretary may suspend temporarily any license or permit issued under K.S.A. 65-778 and 65-779, and amendments thereto, without a hearing and subject to the notice requirements of the emergency adjudication procedures of the provisions of the Kansas administrative procedure act if the secretary finds all of the following:
(1) The licensee or permit holder failed to comply with any provision or requirement of K.S.A. 65-771 to 65-791, and amendments thereto, or any rules and regulations promulgated thereunder; and
(2) public health or safety is endangered as a result thereof.
(b) In no case shall a temporary suspension of a license or permit under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the license or permit shall be reinstated unless the secretary has suspended or revoked the license or permit, after notice and opportunity for hearing, or the license or permit has expired.
(c) This section shall be a part of and supplemental to the provisions of K.S.A. 65-771 to 65-791, inclusive, and acts amendatory thereof or supplemental thereto.
History: L. 2010, ch. 60, § 1; July 1.
§ 65-781 Fees for inspection and regulatory services; payment of fees, when due; delinquent fees; change in fees by secretary, limitations
The following fees for the statewide system of milk inspection and regulatory services are hereby established:
(a) A fee of $.01, or commencing July 1, 2002, and ending June 30, 2028, a fee of $.015 for each 100 pounds of milk produced by milk producers under Kansas grade A inspection shall be paid. Each producer is hereby charged with such fee, which shall be paid to the milk producers' cooperative, milk processor or milk distributor to whom the milk is sold or delivered. Each cooperative, processor or distributor is hereby charged with the duty of collecting such fees, which shall be remitted to the secretary.
(b) A fee of $.01, or commencing July 1, 2002, and ending June 30, 2028, a fee of $.02 for each 100 pounds of packaged grade A pasteurized milk or milk products sold in Kansas at retail to the final consumer shall be paid. Each distributor is hereby charged with such fee, which shall be remitted to the secretary.
(c) A fee of $.0075, or commencing July 1, 2002, and ending June 30, 2028, a fee of $.02 per 100 pounds or fraction thereof of grade A raw milk for pasteurization delivered to a milk processor within the state of Kansas that is processed into grade A milk, grade A milk products or other dairy products shall be paid. Each milk processor is hereby charged with such fee, which shall be remitted to the secretary. This fee shall not be paid if the milk is processed or manufactured at the dairy where such milk is produced and less than 7,000,000 pounds of milk are processed annually.
(d) A milk fee of $.01, or commencing July 1, 2002, and ending June 30, 2028, a fee of $.015 per 100 pounds of milk or cream for manufacturing purposes produced by milk producers under Kansas manufacturing grade milk inspection shall be paid. Each producer is hereby charged with such fee, which shall be paid to the milk producers' cooperative, dairy manufacturing plant or any other person to whom the milk or cream for manufacturing purposes is sold or delivered. Each cooperative, dairy manufacturing plant or other person is hereby charged with the duty of collecting such fees, which shall be remitted to the secretary.
(e) A fee of $.0075, or commencing July 1, 2002, and ending June 30, 2028, a fee of $.02 per 100 pounds of Kansas produced milk or cream for manufacturing purposes or other Kansas produced milk delivered to a dairy manufacturing plant shall be paid on all Kansas milk used in the manufacturing of dairy products. As used in this subsection, "dairy products" does not include any frozen dairy dessert or frozen dairy dessert mix. Each dairy manufacturing plant shall pay such fee, which shall be remitted to the secretary. This fee shall not be paid if the milk is processed or manufactured at the dairy where such milk is produced and less than 7,000,000 pounds of milk are processed annually.
(f) In lieu of the fee prescribed in subsection (e), a fee of $1, or commencing July 1, 2002, and ending June 30, 2028, a fee of $2 per thousand gallons of frozen dairy dessert or frozen dairy dessert mix shall be paid by the manufacturer thereof. Each manufacturer of frozen dairy dessert or frozen dairy dessert mix is hereby charged with such fee, which shall be remitted to the secretary. Frozen dairy dessert mix which is further processed into the corresponding frozen dairy dessert by the manufacturer of the frozen dairy dessert mix shall not be subject to the fee required by this subsection.
(g) A fee of $1, or commencing July 1, 2002, and ending June 30, 2028, a fee of $2 per thousand gallons of frozen dairy dessert or frozen dairy dessert mix imported for retail sale in Kansas shall be paid by the milk distributor who imports these products.
(h) A fee of $50 for the annual inspection of a milk tank truck as required by this act. The milk transportation company that owns or leases the milk tank truck shall pay such fee, which shall be remitted to the secretary.
(i) If any fee computed pursuant to subsection (a) through (e) is less than $2.50, then the sum of $2.50 shall be paid in lieu of the computed fee. If any fee computed pursuant to subsection (f) or (g) is less than $7.50, a minimum fee of $7.50 shall be paid in lieu of the computed fee.
(j) All fees established herein shall be paid to the secretary in the following manner:
(1) The fees established in subsections (a) and (c) through (e) shall be remitted on or before the 30th
day of each month for the calendar month immediately preceding and shall be accompanied by a report, in the form prescribed by the secretary, indicating the quantities upon which the remittance is based.
(2) The fees established in subsections (b), (f) and (g) shall be remitted on April 30, July 31, October 31 and January 31 for the three calendar months immediately preceding and shall be accompanied by a report, in the form prescribed by the secretary, indicating the quantities upon which the remittance is based.
(3) The fee established in subsection (h) shall be remitted within 60 days from the date of inspection.
(k) Any person who fails to remit all or any part of the required fee or to submit the required report by the date due may be assessed an additional charge equal to 1% of the amount of delinquent fees for each day after the date due, or $5, whichever amount is greater.
(l) The secretary shall reduce any inspection fee in subsections (a) through (h) by adopting rules and regulations whenever the secretary determines that such fee is yielding more than is necessary for administering the provisions of this act. The secretary may increase any inspection fee in subsections (a) through (h) by adopting rules and regulations when such inspection fee is necessary to produce sufficient revenues for administering the provisions of this act. License fees in subsections (a) through (h) shall not be increased in excess of the maximum amounts provided in this section.
History: L. 2001, ch. 32, § 11; L. 2002, ch. 181, § 18; L. 2004, ch. 85, § 15; L. 2009, ch. 128, § 33; L. 2010, ch. 72, § 19; L. 2014, ch. 133, § 8; L. 2017, ch. 86, § 10; L. 2022, ch. 45, § 6; July 1.
§ 65-782 Fees deposited in state treasury; dairy fee fund established
(a) The secretary shall remit all moneys received under this act to the state treasurer at least monthly. Upon receipt of such remittance, the state treasurer shall deposit the entire amount thereof in the state treasury and the same shall be credited to the dairy fee fund, which is hereby created, unless otherwise stated.
(b) All expenditures from the dairy fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
History: L. 2001, ch. 32, § 12; L. 2002, ch. 181, § 19; July 1.
§ 65-783 Cleanliness of dairy equipment; use of approved water source
(a) Utensils, milk cans, milking machines, pipeline systems and other equipment used in the handling of milk and dairy products shall be:
(1) Maintained in good condition;
(2) free from rust, open seams, milk stone or any unsanitary condition;
(3) washed, rinsed and drained after each milking and stored in suitable facilities; and
(4) sanitized immediately before use as required by rules and regulations promulgated pursuant to this act.
(b) Any source of water supply used by a dairy farm shall be safe, clean and ample for the cleaning of dairy utensils and equipment as required by rules and regulations promulgated under this act. If the source of water used by a dairy farm is not a public water supply, then the source of water shall be properly constructed in an approved location as required by rules and regulations promulgated under this act. Whenever any source of water supply does not meet the required standards, the water supply shall be deemed unacceptable and the dairy farm or producer shall be removed from production until evidence that necessary corrections have been made is presented to the secretary and the secretary determines that the water supply standards have been met.
History: L. 2001, ch. 32, § 13; July 1.
§ 65-784 On-farm production of butter and sales thereof not subject to act
Nothing in this act pertaining to the manufacture of butter shall apply to farmers or producers of milk and cream when churning milk or cream produced on their own farm into what shall be known as dairy, country or farm butter or to prohibit such producers from making cheese out of milk and cream which are produced on their own farm, when such product is to be used as on-farm retail sales of milk or milk products.
History: L. 2001, ch. 32, § 14; July 1.
§ 65-785 Secretary may issue stop sale or stop use order
(a) The secretary may issue and enforce a written or printed stop sale or stop use order to the owner or custodian of any quantity of milk, milk products or dairy products or any equipment used in the storage, handling, production or packaging of milk, milk products or dairy products which the secretary determines to be in violation of any provisions of this act or any rules or regulations adopted hereunder. The order shall prohibit the further sale, processing, movement, and use of such equipment or product, except on approval of the enforcing officer, until such enforcing officer has evidence that the law and rules and regulations have been complied with and issues a release from the order issued.
(b) No person may sell, use or remove any milk, milk products or dairy products or otherwise violate the terms of any order issued pursuant to subsection (a).
(c) Any order issued pursuant to this subsection is subject to review in accordance with the Kansas judicial review act.
(d) The provisions of this subsection shall not be construed as limiting the right of the enforcing officer to proceed as authorized by other sections of this act.
History: L. 2001, ch. 32, § 15; L. 2010, ch. 17, § 126; July 1.
§ 65-786 Issuance of emergency cease and desist orders by secretary; notice and hearing; declaration of imminent health hazard
(a) If the secretary determines after notice and opportunity for a hearing that any person has engaged in or is engaging in any act or practice constituting a violation of any provision of this act or any rules and regulations or order issued thereunder, the secretary may require that such person cease and desist from the unlawful act or practice and take such affirmative action as in the judgment of the secretary will carry out the purposes of the violated or potentially violated provision of this act or rules and regulations or order issued thereunder. Any such hearing shall be held by the secretary or a presiding officer from the office of administrative hearings.
(b) If the secretary makes written findings of fact that there is a situation involving an immediate danger to the public health, safety or welfare or that the public interest will be irreparably harmed by delay in issuing an order under subsection (a), the secretary may issue an emergency temporary cease and desist order. Such order, even when not an order within the meaning of K.S.A. 77-502, and amendments thereto, shall be subject to the same procedures as an emergency order issued under K.S.A. 77-536, and amendments thereto. Upon the entry of such an order, the secretary shall promptly notify the person subject to the order that:
(1) It has been entered;
(2) the reasons therefor; and
(3) that upon written request from the person subject to the order within 15 days after service of the order the matter will be set for a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any such hearing shall be held by the secretary or presiding officer from the office of administrative hearings. If no hearing is requested and none is ordered by the secretary, the order will remain in effect until it is modified or vacated by the secretary. If a hearing is requested or ordered the secretary, after giving notice of and opportunity for hearings to the person subject to the order, shall by written findings of fact and conclusions of law vacate, modify or make permanent the order.
(c) When necessary to protect the public health, an imminent health hazard may be declared by the secretary at any point in a chain of events that ultimately may result in harm or danger to the public health. The occurrence of the final anticipated injury or other disease-related condition shall not be a prerequisite for the establishment of the existence of an imminent health hazard and the use of any authority granted pursuant to this act, including any action taken pursuant to subsection (a) or (b) or K.S.A. 65-780a or 65-785, and amendments thereto.
History: L. 2001, ch. 32, § 16; L. 2004, ch. 145, § 23; L. 2022, ch. 45, § 7; July 1.
§ 65-787 Court may issue temporary restraining order
The district courts of the state of Kansas shall have jurisdiction to restrain violations of this act or the rules and regulations promulgated thereunder. The court may issue such orders, including temporary restraining orders, as the facts may warrant without first requiring proof that an adequate remedy at law does not exist. Any orders issued pursuant to this section shall be issued without bond. Proceedings may be instituted under this section without any criminal proceedings, administrative proceedings or civil penalty proceedings being first initiated.
History: L. 2001, ch. 32, § 17; July 1.
§ 65-788 Issuance of civil penalties for violations of act; written orders; notice and hearing; appeals; remittance of penalties
(a) Any licensee or any employee or agent thereof who violates any provision of this act or any rules and regulations promulgated thereunder and any person who violates K.S.A. 2025 Supp. 65-771a, and amendments thereto, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in the amount fixed by rules and regulations of the secretary in an amount not less than $100 nor more than $300 for each violation and, in the case of a continuing violation, every day such violation continues may be deemed a separate violation.
(b) No civil penalty shall be imposed pursuant to this section except upon the written order of the secretary to the licensee who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of the licensee to appeal to the secretary. Any such licensee within 20 days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reasons therefor.
(c) Any person subject to and aggrieved by a final order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(d) Any civil penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.
History: L. 2001, ch. 32, § 18; L. 2010, ch. 17, § 127; L. 2022, ch. 45, § 8; July 1.
§ 65-789 Unlawful acts
It shall be unlawful for any person to:
(a) Engage in any business or activity which requires a license or permit under this act without having a license or permit;
(b) sell, offer or expose for sale:
(1) Any milk, milk products or dairy products which do not conform to the definition and standards of identity established under this act; or
(2) any milk, milk products or dairy products which are adulterated or misbranded.
(c) adulterate or misbrand any milk, milk products or dairy products;
(d) sell, offer for sale or have in such person's possession with the intent to sell at retail to the final consumer any milk or milk product which has not been inspected and designated grade A pasteurized in accordance with the provisions of this act and any rules and regulations adopted thereunder, except that on-farm retail sales of milk or milk products shall be exempt from the provisions of this act unless stated otherwise; or
(e) violate any provision of this act or any rules or regulations promulgated thereunder.
History: L. 2001, ch. 32, § 19; L. 2002, ch. 181, § 20; July 1.
§ 65-790 Penalties for violation of act
Any person who violates any provision of this act or any rules and regulations promulgated thereunder shall be guilty of an unclassified misdemeanor and upon conviction thereof shall be punished by a fine of not more than $500.
History: L. 2001, ch. 32, § 20; July 1.
§ 65-791 Severability of act
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not effect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 2001, ch. 32, § 21; July 1.
§ 65-792 On-farm retail sale of milk; label and advertising requirements; penalties for violations
(a) The on-farm retail sale of milk or milk products shall be lawful, so long as each container of unpasteurized raw milk sold or offered for sale bears a label that is clearly visible and states the following or its equivalent in a clearly visible font size: "Raw milk and Unpasteurized".
(b) Any person who engages in the on-farm retail sale of milk or milk products may advertise such milk or milk products. Any such advertisement shall not be false or misleading and shall state that such milk or milk products are raw and unpasteurized. If such advertisement is in print or other written or visual form, this statement shall be clearly visible.
(c) In addition to any other remedies available under the act, the secretary may issue a civil penalty pursuant to K.S.A. 65-788, and amendments thereto, against any person who violates this section.
History: L. 2022, ch. 45, § 2; July 1.
§ 65-793 Definitions
As used in this act:
(a) "Act" means K.S.A. 2025 Supp. 65-793 through 65-797, and amendments thereto.
(b) "Association" means the same as defined in K.S.A. 17-1602, and amendments thereto.
(c) "Cooperative" means the same as defined in K.S.A. 17-1602, and amendments thereto.
(d) "Milk processor" means the same as defined in K.S.A. 65-771, and amendments thereto.
(e) (1) "Milk producer" means the same as defined in K.S.A. 65-771, and amendments thereto.
(2) "Milk producer" includes any cooperative association that sells or markets milk on behalf of a person described in paragraph (1).
(f) "Purchase price" means an amount of money, based on estimated butterfat content at the time of delivery, that a milk processor agrees to pay a milk producer for a purchase of raw milk.
(g) "Timely payment" means a payment made within three days following the payment due date under a milk marketing order or similar terms in a contract.
History: L. 2025, ch. 24, § 1; July 1.
§ 65-794 Statutory trust for milk producer funds; establishment of escrow accounts; distribution of funds
(a) (1) Except as provided by subsections (b) and (d), a milk processor shall hold in trust all payments received from the sale of milk for the benefit of the milk producer from whom the milk was purchased until the milk producer has received full payment of the purchase price for the milk.
(2) For the purposes of this subsection, funds placed in escrow in compliance with subsections (b) through (e) are held in trust.
(b) (1) (A) Except as provided by subsection (d), a milk producer who sells milk to a milk processor may require the milk processor to establish an escrow account for the benefit of the milk producer.
(B) If a milk producer requires a milk processor to establish an escrow account under this subsection, the milk processor shall deposit all payments received from the sale of any milk or dairy product into the escrow account until the milk producer has received full payment of the purchase price for the milk.
(2) (A) A milk processor required to establish an escrow account under this section shall, on receipt of a payment from the sale of milk or dairy products, deposit into the account a sum of money determined by multiplying the total amount of all payments received by the milk processor from the sale of milk or dairy products by the fraction determined by dividing the total quantity of milk purchased by the milk processor for sale as milk or dairy products into the quantity of milk sold by the milk producer to the milk processor.
(B) The milk processor shall continue to make payments into the escrow account until the milk producer has received full payment of the purchase price for the milk.
(3) (A) An escrow account required under this section shall be established for the benefit of the milk producer as a segregated, interest-bearing account with a financial institution located in this state, the deposits of which are insured by the federal deposit insurance corporation or the federal savings and loan insurance corporation.
(B) If a milk processor is required to establish more than one escrow account under this section, the milk processor may combine the accounts into a single account.
(C) If the funds accumulated in a combined escrow account are insufficient to pay all the milk producers who have not received full payment and for whose benefit the account was established, the agent of the institution with whom the escrow account is established shall distribute the funds in proportion to the amount then due to each milk producer.
(4) On presentation of proof of identity satisfactory to an agent of the institution with which the escrow account is established, the agent shall promptly distribute any funds accumulated for the benefit of the milk producer to the milk producer or, if required by an applicable federal milk marketing order, to the federal milk administration.
(5) This subsection shall not apply to a purchase of raw milk by a milk processor until there has been a failure to make a timely payment to a milk producer in accordance with K.S.A. 2025 Supp. 65-795, and amendments thereto. Once the entire amount due for the purchase is received by the milk producer, the requirements of this subsection shall terminate in regard to such purchase.
(c) Funds held in trust by a milk processor or in an escrow account are the property of the milk producer.
(d) A milk processor is not required to establish an escrow account or maintain payments in trust under subsection (a) or (b) for a payment if:
(1) Full payment of the purchase price is not received, and the milk producer does not give written notice to the milk processor, by the end of the 30th business day after the final date for payment of the purchase price in accordance with K.S.A. 2025 Supp. 65-795, and amendments thereto; or
(2) a payment instrument received by the milk producer is dishonored, and the milk producer does not give written notice to the milk processor, by the end of the 15th business day after the day that the notice of dishonor was received.
History: L. 2025, ch. 24, § 2; July 1.
§ 65-795 Requirements for a milk processor to purchase raw milk from a milk producer; acceptable delivery of payment
(a) A milk processor may not purchase raw milk from a milk producer unless:
(1) Payment of the purchase price is made according to the provisions prescribed by an applicable federal milk marketing order;
(2) any additional provisions are agreed on by both the milk producer or such producer's agent and the milk processor; and
(3) the medium of exchange used is cash, a check for the full amount of the purchase price or a wire transfer of money in the full amount.
(b) For purposes of this act, a payment delivered by a milk processor to the applicable federal milk market administrator on behalf of a milk producer in compliance with the terms of an applicable federal milk marketing order is considered to be delivery of payment to the milk producer.
History: L. 2025, ch. 24, § 3; July 1.
§ 65-796 Inapplicability of act to certain transactions
This act does not apply to transactions between a cooperative association, while acting as a marketing agent, and its members.
History: L. 2025, ch. 24, § 4; July 1.
§ 65-797 Failure to pay for milk as provided by act; milk processor liability to milk producer
A milk processor who fails to pay for raw milk as provided by this act is liable to the milk producer for:
(a) The purchase price of the raw milk;
(b) interest on the purchase price at the highest legal rate, from the date that possession is transferred until the date that the payment is made in accordance with this act; and
(c) a reasonable attorney fee for the collection of the payment.
History: L. 2025, ch. 24, § 5; July 1.
Article 8 Bedding, Manufacture and Sale (Not in active use)
§§ 65-801, 65-802 Repealed
History: L. 1923, ch. 165, §§ 1, 2; R.S. 1923, §§ 65-801, 65-802; Repealed, L. 1993, ch. 24, § 1; July 1.
§ 65-803 Repealed
History: L. 1923, ch. 165, § 3; R.S. 1923; 65-803; L. 1975, ch. 462, § 84; Repealed, L. 1993, ch. 24, § 1; July 1.
§ 65-804 Repealed
History: L. 1923, ch. 165, § 4; R.S. 1923, 65-804; Repealed, L. 1993, ch. 24, § 1; July 1.
§ 65-805 Repealed
History: L. 1923, ch. 165, § 5; R.S. 1923, 65-805; L. 1975, ch. 462, § 85; Repealed, L. 1993, ch. 24, § 1; July 1.
§§ 65-806 through 65-809 Repealed
History: L. 1923, ch. 165, §§ 6 to 9; R.S. 1923, §§ 65-806 to 65-809; Repealed, L. 1993, ch. 24, § 1; July 1.
Article 9 Use of Dead Bodies by Medical School
§ 65-901 Certain unclaimed dead bodies; use for medical, surgical and anatomical science
It shall be lawful for the chairman or head of the department of anatomy of the medical school of the university of Kansas, to claim and receive the dead body of any person required to be delivered under K.S.A. 65-902a, which would otherwise be buried at public expense or on grounds reserved exclusively for pauper dead; such body to be used within the state for the purpose of the advancement of medical, surgical and anatomical science and study, and the instruction of medical students.
History: L. 1897, ch. 158, § 1; R.S. 1923, 65-901; L. 1951, ch. 359, § 2; June 30.
§ 65-902 Repealed
History: L. 1897, ch. 158, § 2; R.S. 1923, 65-902; Repealed, L. 1951, ch. 359, § 7; June 30.
§ 65-902a Delivery of unclaimed bodies to medical school; notice; expenses; receipts; records
It is hereby made the duty of each coroner or any other officer having charge or control over unclaimed dead human bodies which would otherwise be buried at public expense or on grounds reserved exclusively for pauper dead to notify immediately the chairman or head of the department of anatomy of the medical school of the university of Kansas, whenever any such body or bodies come into his possession, charge or control; and shall, without fee or reward, upon receipt of notice from the chairman or head of such department, release to the same, within seventy-two (72) hours after death, except those coroners' cases in which more time may be required, and permit said chairman or his agent to take and remove all such bodies for use within the state for the advancement of medical, surgical and anatomical science. All expenses in connection with the delivery of any such body to the department of anatomy of the medical school of the university of Kansas shall be paid by said department. Such notice shall be given in all cases, but no such body shall be so released if any relative or friend accept such body for burial pursuant to the provisions of K.S.A. 65-904; nor shall any dead body of any honorably discharged soldier, sailor or marine of the United States or other person whose burial is provided for under the provisions of article 2 of chapter 73 of the Kansas Statutes Annotated, be so delivered, but in such cases burial shall be made in accordance with such statutes.
Upon receiving notice of the death of any person, coming within the provisions of this act, the chairman or head of the department of anatomy of the university of Kansas shall within thirty-six (36) hours after such notice has been given authorize some person to receive the body and to transport it to the medical school of the university of Kansas. A receipt for the body shall be given to the person delivering same, which receipt shall be dated and entered in a book to be kept by said medical school and which record shall be open to public inspection. Such record shall be kept by register number of all bodies received. If the body is not needed, the chairman or head of said department shall so inform the proper officer, and the body shall receive decent burial; and if, within forty-eight (48) hours after notice has been given, said department does not notify the sender of such notice that the body is to be claimed, then said medical school shall be deemed to have waived all claims to such body.
History: L. 1951, ch. 359, § 3; L. 1953, ch. 287, § 1; L. 1965, ch. 164, § 8; June 30.
§ 65-902b Burial at expense of person failing to notify or deliver; recovery
Whenever, through the failure of any person to notify or deliver a dead body as required by this act, such body shall become unfit for anatomical purposes, and such fact is so certified to the board of county commissioners of the proper county by the chairman or head of said department, such body shall be buried at the expense of the person so failing to notify or deliver such body as required by this act, and if such expenses are paid by the county, such county may bring an action to recover same.
History: L. 1951, ch. 359, § 4; June 30.
§ 65-903 Use of bodies; burial
Such bodies shall be used only for the promotion of medical and surgical science within the state of Kansas. The remains after serving such purpose shall receive decent burial.
History: L. 1897, ch. 158, § 3; R.S. 1923, 65-903; L. 1951, ch. 359, § 5; L. 1967, ch. 434, § 17; July 1.
§ 65-904 When bodies not to be delivered to medical school; burial by relatives or friends; unclaimed body of deceased inmate
(a) Except as provided by subsection (b), if the deceased person during such person's last sickness requests to be buried, or if burial is provided for under article 3 of chapter 73 of the Kansas Statutes Annotated or acts amendatory thereof or supplemental thereto, the body shall not be surrendered, but shall be buried in the usual manner. No body shall be delivered as provided in K.S.A. 65-902a and amendments thereto, if claimed by relatives or friends within 72 hours after death, nor shall a body be delivered as provided in K.S.A. 65-902a and amendments thereto unless the person or persons in charge of the deceased at the time of death have made diligent search for relatives or friends and no response to the search has been received within 96 hours after the commencement of such search. No dead body received by the department of anatomy of the medical school of the university of Kansas under the provisions of this act shall be dissected prior to 60 days after date of receipt of the dead body. In case the remains of any person so delivered and received shall be claimed within 60 days by any relative or friend, they shall be given to such relative or friend for interment.
(b) The unclaimed body of a deceased inmate in the custody of the secretary of corrections may be cremated at the expense of the department of corrections.
History: L. 1897, ch. 158, § 4; R.S. 1923, 65-904; L. 1951, ch. 359, § 6; L. 1997, ch. 179, § 8; May 22.
§ 65-905 Penalty for violations
Every person who shall deliver up a body of any deceased person in violation of or contrary to the provisions of this act, and any person who shall receive such body knowing the same to have been delivered contrary to any of the provisions of this act, or any person who shall refuse or neglect to comply with any of the conditions of this act, shall each and any of them be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than two hundred dollars, or imprisoned in the county jail not exceeding one year.
History: L. 1897, ch. 158, § 5; May 8; R.S. 1923, 65-905.
Article 10 Examination and Registration of Doctors of Medicine or Surgery (Not in active use)
§ 65-1001 Repealed
History: R.S. 1923, 65-1001; L. 1929, ch. 215, § 1; L. 1931, ch. 232, § 1; L. 1943, ch. 220, § 1; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1002 Repealed
History: R.S. 1923, 65-1002; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1003 Repealed
History: L. 1901, ch. 254, § 4; L. 1913, ch. 290, § 9; R.S. 1923, 65-1003; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1004 Repealed
History: L. 1915, ch. 3, § 10; R.S. 1923, 65-1004; L. 1931, ch. 233, § 1; L. 1943, ch. 269, § 11; L. 1953, ch. 288, § 1; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1004a Repealed
History: L. 1933, ch. 276, § 1; L. 1953, ch. 288, § 2; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1005 Repealed
History: L. 1901, ch. 254, § 6; L. 1908, ch. 63, § 1; L. 1913, ch. 290, § 10; R.S. 1923, 65-1005; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1006 Repealed
History: L. 1901, ch. 254, § 7; L. 1913, ch. 290, § 11; R.S. 1923, 65-1006; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1007 Repealed
History: L. 1901, ch. 254, § 8; R.S. 1923, 65-1007; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1008 Repealed
History: L. 1903, ch. 358, § 1; L. 1913, ch. 290, § 12; R.S. 1923, 65-1008; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1009 Repealed
History: L. 1909, ch. 228, § 1; R.S. 1923, 65-1009; Repealed, L. 1933, ch. 276, § 3; March 15.
§ 65-1010 Repealed
History: L. 1937, ch. 270, § 1; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1011 Repealed
History: L. 1937, ch. 270, § 2; Repealed, L. 1957, ch. 343, § 91; July 1.
Article 11 Regulation of Nursing
§ 65-1101 Repealed
History: L. 1913, ch. 231, § 3; L. 1921, ch. 267, § 2; R.S. 1923, 65-1101; Repealed, L. 1949, ch. 331, § 16; June 30.
§ 65-1102 Repealed
History: L. 1913, ch. 231, § 4; L. 1921, ch. 267, § 3; R.S. 1923, 65-1102; L. 1933, ch. 223, § 1; L. 1945, ch. 250, § 1; Repealed, L. 1949, ch. 331, § 16; June 30.
§ 65-1103 Repealed
History: R.S. 1923, 65-1103; Repealed, L. 1943, ch. 269, § 28; June 30.
§ 65-1104 Repealed
History: L. 1921, ch. 267, § 5; R.S. 1923, 65-1104; L. 1933, ch. 223, § 2; L. 1945, ch. 251, § 1; Repealed, L. 1949, ch. 331, § 16; June 30.
§§ 65-1105 through 65-1110 Repealed
History: L. 1913, ch. 231, §§ 7 to 12; R.S. 1923, 65-1105 to 65-1110; Repealed, L. 1949, ch. 331, § 16; June 30.
§ 65-1111 Repealed
History: L. 1943, ch. 224, § 1; L. 1945, ch. 252, § 1; Repealed, L. 1949, ch. 331, § 16; June 30.
§ 65-1112 Repealed
History: L. 1943, ch. 224, § 2; Repealed, L. 1945, ch. 252, § 2; June 28.
§ 65-1113 Definitions
When used in this act and the act of which this section is amendatory:
(a) "Board" means the board of nursing.
(b) "Diagnosis" in the context of nursing practice means that identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen and shall be construed as distinct from a medical diagnosis.
(c) "Treatment" means the selection and performance of those therapeutic measures essential to effective execution and management of the nursing regimen, and any prescribed medical regimen.
(d)
Practice of nursing.
(1) The practice of professional nursing as performed by a registered professional nurse for compensation or gratuitously, except as permitted by K.S.A. 65-1124, and amendments thereto, means the process in which substantial specialized knowledge derived from the biological, physical, and behavioral sciences is applied to: the care, diagnosis, treatment, counsel and health teaching of persons who are experiencing changes in the normal health processes or who require assistance in the maintenance of health or the prevention or management of illness, injury or infirmity; administration, supervision or teaching of the process as defined in this section; and the execution of the medical regimen as prescribed by a person licensed to practice medicine and surgery or a person licensed to practice dentistry.
(2) The practice of nursing as a licensed practical nurse means the performance for compensation or gratuitously, except as permitted by K.S.A. 65-1124, and any amendments thereto, of tasks and responsibilities defined in paragraph (1), which tasks and responsibilities are based on acceptable educational preparation within the framework of supportive and restorative care under the direction of a registered professional nurse, a person licensed to practice medicine and surgery or a person licensed to practice dentistry.
(e) A "professional nurse" means a person who is licensed to practice professional nursing as defined in subsection (d)(1).
(f) A "practical nurse" means a person who is licensed to practice practical nursing as defined in subsection (d)(2).
(g) "Advanced practice registered nurse" or "APRN" means a professional nurse who holds a license from the board to function as a professional nurse in an advanced role, and this advanced role shall be defined by rules and regulations adopted by the board in accordance with K.S.A. 65-1130, and amendments thereto.
(h) "Continuing nursing education" means learning experiences intended to build upon the educational and experiential bases of the registered professional and licensed practical nurse for the enhancement of practice, education, administration, research or theory development to the end of improving the health of the public.
History: L. 1949, ch. 331, § 1; L. 1963, ch. 314, § 1; L. 1975, ch. 316, § 1; L. 1978, ch. 240, § 1; L. 1980, ch. 186, § 1; L. 1983, ch. 206, § 6; L. 2011, ch. 114, § 39; L. 2018, ch. 42, § 2; July 1, 2019.
§ 65-1114 Unlawful acts
(a) It shall be unlawful for any person:
(1) To practice or to offer to practice professional nursing in this state;
(2) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a registered professional nurse;
(3) to practice or offer to practice practical nursing in this state; or
(4) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a licensed practical nurse, unless such person has been duly licensed under the provisions of this act.
(b) It shall be unlawful for any person:
(1) To practice or offer to practice as an advanced practice registered nurse in this state; or
(2) to use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is an advanced practice registered nurse, unless such person has been duly issued a license as an advanced practice registered nurse under the Kansas nurse practice act.
History: L. 1949, ch. 331, § 3; L. 1975, ch. 316, § 2; L. 1978, ch. 240, § 3; L. 1983, ch. 206, § 7; L. 2011, ch. 114, § 40; January 1, 2012.
§ 65-1115 Licensure of professional nurses; qualifications of applicants; examination; refresher course; renewal license; title and abbreviation; temporary permit; exempt license
(a)
Qualifications of applicants.
An applicant for a license to practice as a registered professional nurse shall:
(1) Have graduated from an approved school of professional nursing in the United States or its territories or from a school of professional nursing in a foreign country which is approved by the board as defined in rules and regulations;
(2) have obtained other qualifications not in conflict with this act as the board may prescribe by rule and regulation; and
(3) file with the board written application for a license.
(b)
Applicant deficient in qualifications.
If the board finds in evaluating any applicant that such applicant is deficient in qualification or in the quality of such applicant's educational experience, the board may require such applicant to fulfill such remedial or other requirements as the board may prescribe.
(c)
License.
(1) The board shall issue a license to an applicant to practice as a registered professional nurse who has:
(A) Met the qualifications set forth in subsections (a) and (b);
(B) passed a written examination as prescribed by the board; and
(C) no disqualifying factors under K.S.A. 65-1120, and amendments thereto.
(2) The board may issue a license to practice nursing as a registered professional nurse to an applicant who has been duly licensed as a registered professional nurse by examination under the laws of another state or territory if, in the opinion of the board, the applicant meets the qualifications required of a registered professional in this state. Verification of the applicant's licensure status shall be required from the original state of licensure.
(3)
Refresher course.
Notwithstanding the provisions of subsections (a) and (b), an applicant for a license to practice as a registered professional nurse who has not been licensed to practice professional nursing for five years preceding application shall be required to successfully complete a refresher course as defined by the board.
(4)
Renewal license.
A licensed professional nurse licensed under this act shall be eligible for renewal licenses upon compliance with K.S.A. 65-1117, and amendments thereto.
(5)
Licensure examination within 24 months of graduation.
(A) Persons who do not take the licensure examination within 24 months after graduation shall petition the board for permission prior to taking the licensure examination. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination.
(B) Persons who are unsuccessful in passing the licensure examination within 24 months after graduation shall petition the board for permission prior to subsequent attempts. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination a subsequent time. The study plan shall contain subjects related to deficiencies identified on the failed examination profiles.
(6) An application for initial licensure or endorsement will be held awaiting completion of meeting qualifications for a time period specified in rules and regulations.
(d)
Title and abbreviation.
Any person who holds a license to practice as a registered professional nurse in this state shall have the right to use the title, "registered nurse," and the abbreviation, "R.N." No other person shall assume the title or use the abbreviation or any other words, letters, signs or figures to indicate that the person is a registered professional nurse.
(e)
Temporary permit.
The board may issue a temporary permit to practice nursing as a registered professional nurse for a period not to exceed 120 days. A temporary permit for 120 days may be issued to an applicant for licensure as a registered professional nurse who is a graduate of a professional school of nursing in a foreign country after verification of licensure in that foreign country and approval of educational credentials.
(f)
Exempt license.
The board may issue an exempt license to any licensee as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A. 65-1118, and amendments thereto and who is not regularly engaged in the practice of professional nursing in Kansas but volunteers professional nursing service or is a charitable health care provider as defined by K.S.A. 75-6102, and amendments thereto. Each exempt licensee shall be subject to all provisions of the nurse practice act, except as otherwise provided in this subsection (f). Each exempt license may be renewed biennially subject to the provisions of this section. The holder of the exempt license shall not be required to submit evidence of satisfactory completion of a program of continuing nursing education for renewal. To convert an exempt license to an active license, the exempt licensee shall meet all the requirements of subsection (c) or K.S.A. 65-1117, and amendments thereto. The board shall have authority to write rules and regulations to carry out the provisions of this section.
History: L. 1949, ch. 331, § 4; L. 1963, ch. 314, § 2; L. 1968, ch. 231, § 1; L. 1972, ch. 231, § 9; L. 1975, ch. 316, § 3; L. 1982, ch. 261, § 1; L. 1983, ch. 207, § 1; L. 1986, ch. 233, § 1; L. 1990, ch. 221, § 1; L. 1992, ch. 151, § 1; L. 1993, ch. 194, § 9; L. 1994, ch. 149, § 1; L. 1997, ch. 158, § 1; L. 1999, ch. 84, § 1; L. 2001, ch. 161, § 1; L. 2009, ch. 81, § 1; July 1.
§ 65-1116 Licensure of practical nurses; qualifications of applicants; examination; refresher course; renewal license; title and abbreviation; temporary permit; exempt license
(a)
Qualification.
An applicant for a license to practice as a licensed practical nurse shall:
(1) Have graduated from an approved school of practical nursing or professional nursing in the United States or its territories or from a school of practical nursing or professional nursing in a foreign country that is approved by the board as defined in rules and regulations;
(2) have obtained other qualifications not in conflict with this act as the board may prescribe by rule and regulation; and
(3) file with the board a written application for a license.
(b) If the board finds in evaluating any applicant that such applicant is deficient in qualification or in the quality of such applicant's educational experience, the board may require such applicant to fulfill such remedial or other requirements as the board may prescribe.
(c)
License.
(1) The board shall issue a license to an applicant to practice as a practical nurse who has:
(A) Met the qualifications set forth in subsections (a) and (b);
(B) passed a written examination as prescribed by the board; and
(C) no disqualifying factors under K.S.A. 65-1120, and amendments thereto.
(2) The board may issue a license to practice nursing as a practical nurse to an applicant who has been duly licensed as a practical nurse by examination under the laws of another state or territory if, in the opinion of the board, the applicant meets the qualifications required of a practical nurse in this state. Verification of the applicant's licensure status shall be required from the original state of licensure.
(3) The board may authorize the educational requirement under subsection (a)(1) to be waived for an applicant who has attained a passing score on the national council licensure examination for practical nurses and provided evidence to the board of such applicant's practical nursing experience during a period of active service as a member of the armed forces. To qualify for such a waiver, the applicant shall have been a member or is a current member of the army, navy, marine corps, air force, space force, air or army national guard of any of the several states and territories, Puerto Rico and the District of Columbia, coast guard or any component of the military reserves of the United States and separated from such period of active service with an honorable discharge. Current members of the armed forces are presumed to be serving honorably. If such applicant was separated from such period of active service with a general discharge under honorable conditions and meets the requirements of this paragraph, the board may authorize the educational requirements under subsection (a)(1) be waived.
(4)
Refresher course.
Notwithstanding the provisions of subsections (a) and (b), an applicant for a license to practice as a licensed practical nurse who has not been licensed to practice practical nursing for five years preceding application shall be required to successfully complete a refresher course as defined by the board.
(5)
Renewal license.
A licensed practical nurse licensed under this act shall be eligible for renewal licenses upon compliance with K.S.A. 65-1117, and amendments thereto.
(6)
Licensure examination within 24 months of graduation.
(A) Persons who do not take the licensure examination within 24 months after graduation shall petition the board for permission prior to taking the licensure examination. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination.
(B) Persons who are unsuccessful in passing the licensure examination within 24 months after graduation shall petition the board for permission prior to subsequent attempts. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination a subsequent time. The study plan shall contain subjects related to deficiencies identified on the failed examination profiles.
(7) An application for initial licensure or endorsement will be held awaiting completion of meeting qualifications for a time period specified in rules and regulations.
(d)
Title and abbreviation.
Any person who holds a license to practice as a licensed practical nurse in this state shall have the right to use the title, "licensed practical nurse," and the abbreviation, "L.P.N." No other person shall assume the title or use the abbreviation or any other words, letters, signs or figures to indicate that the person is a licensed practical nurse.
(e)
Temporary permit.
The board may issue a temporary permit to practice nursing as a licensed practical nurse for a period not to exceed 120 days. A temporary permit for 120 days may be issued to an applicant for licensure as a licensed practical nurse who is a graduate of a practical school of nursing in a foreign country after verification of licensure in that foreign country and approval of educational credentials.
(f)
Exempt license.
The board may issue an exempt license to any licensee as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A. 65-1118, and amendments thereto, and who is not regularly engaged in the practice of practical nursing in Kansas but volunteers practical nursing service or is a charitable health care provider as defined by K.S.A. 75-6102, and amendments thereto. Each exempt licensee shall be subject to all provisions of the nurse practice act, except as otherwise provided in this subsection. Each exempt license may be renewed biennially subject to the provisions of this section. The holder of the exempt license shall not be required to submit evidence of satisfactory completion of a program of continuing nursing education for renewal. To convert an exempt license to an active license, the exempt licensee shall meet all the requirements of subsection (c) or K.S.A. 65-1117, and amendments thereto. The board shall have authority to write rules and regulations to carry out the provisions of this section.
History: L. 1949, ch. 331, § 5; L. 1963, ch. 314, § 3; L. 1968, ch. 231, § 2; L. 1975, ch. 316, § 4; L. 1982, ch. 261, § 2; L. 1983, ch. 207, § 2; L. 1986, ch. 233, § 2; L. 1990, ch. 221, § 2; L. 1992, ch. 151, § 2; L. 1993, ch. 194, § 10; L. 1994, ch. 149, § 2; L. 1997, ch. 158, § 2; L. 1999, ch. 84, § 2; L. 2001, ch. 161, § 2; L. 2009, ch. 81, § 2; L. 2013, ch. 95, § 3; L. 2024, ch. 84, § 18; July 1.
§ 65-1117 Renewal of license; inactive license, fee; continuing education requirements; rules and regulations; notification of change in name or address or criminal conviction; multi-state license
(a) All licenses issued under the provisions of this act, whether initial or renewal, including multi-state licenses under the nurse licensure compact, shall expire every two years. The expiration date shall be established by the rules and regulations of the board. Any licensed nurse may file a multi-state license application together with the prescribed multi-state license fee at any time the nurse holds an active license. The board shall send a notice for renewal of license to every registered professional nurse and licensed practical nurse at least 60 days prior to the expiration date of such person's license. Every person so licensed who desires to renew such license shall file with the board, on or before the date of expiration of such license, a renewal application together with the prescribed biennial renewal fee. Every licensee who is no longer engaged in the active practice of nursing may so state by affidavit and submit such affidavit with the renewal application. An inactive license may be requested along with payment of a fee which shall be fixed by rules and regulations of the board. Except for the first renewal for a license that expires within 30 months following licensure examination or for renewal of a license that expires within the first nine months following licensure by reinstatement or endorsement, every licensee with an active nursing license shall submit with the renewal application evidence of satisfactory completion of a program of continuing nursing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing nursing education. Upon receipt of such application, payment of fee, upon receipt of the evidence of satisfactory completion of the required program of continuing nursing education and upon being satisfied that the applicant meets the requirements set forth in K.S.A. 65-1115 or 65-1116, and amendments thereto, in effect at the time of initial licensure of the applicant, the board shall verify the accuracy of the application and grant a renewal license.
(b) Any person who fails to secure a renewal license within the time specified herein may secure a reinstatement of such lapsed license by making verified application therefor on a form provided by the board, by rules and regulations, and upon furnishing proof that the applicant is competent and qualified to act as a registered professional nurse or licensed practical nurse and by satisfying all of the requirements for reinstatement including payment to the board of a reinstatement fee as established by the board. A reinstatement application for licensure will be held awaiting completion of such documentation as may be required, but such application shall not be held for a period of time in excess of that specified in rules and regulations.
(c) (1) Each licensee shall notify the board in writing of (A) a change in name or address within 30 days of the change or (B) a conviction of any felony or misdemeanor, that is specified in rules and regulations adopted by the board, within 30 days from the date the conviction becomes final.
(2) As used in this subsection, "conviction" means a final conviction without regard to whether the sentence was suspended or probation granted after such conviction. Also, for the purposes of this subsection, a forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. Failure to so notify the board shall not constitute a defense in an action relating to failure to renew a license, nor shall it constitute a defense in any other proceeding.
(d) Persons holding a multistate license under the nurse licensure compact and who engage in the practice of nursing in Kansas may be requested by the board to voluntarily provide workforce-related information as reasonably determined by the board. Refusal to voluntarily provide such information shall not be a basis for disciplinary action against or restriction of the multistate license of any such person.
History: L. 1949, ch. 331, § 6; L. 1975, ch. 316, § 5; L. 1976, ch. 274, § 1; L. 1978, ch. 240, § 4; L. 1980, ch. 187, § 1; L. 1983, ch. 206, § 8; L. 1988, ch. 242, § 1; L. 1993, ch. 194, § 11; L. 1995, ch. 97, § 1; L. 1997, ch. 146, § 1; L. 2007, ch. 99, § 1; L. 2011, ch. 114, § 79; L. 2018, ch. 42, § 3; July 1, 2019.
§ 65-1118 Fees
(a) The board shall collect in advance fees provided for in this act as fixed by the board, but not exceeding:
- Application for single-state license—professional nurse $150
- Application for single-state license—practical nurse 100
- Application for single-state biennial renewal of license—professional nurse and practical nurse 120
- Application for single-state reinstatement of license 150
- Application for single-state reinstatement of licenses with temporary permit 175
- Application for multi-state license—professional nurse 300
- Application for multi-state license—practical nurse 300
- Application for multi-state biennial renewal of license—professional nurse and practical nurse 200
- Application for multi-state reinstatement of license 300
- Application for multi-state reinstatement of licenses with temporary permit 300
- Application for reinstatement of revoked license 1,000
- Certified copy of license 25
- Duplicate of license 25
- Inactive license 20
- Application for license—advanced practice registered nurse 50
- Application for license with temporary permit—advanced practice registered nurse 100
- Application for renewal of license—advanced practice registered nurse 60
- Application for reinstatement of license—advanced practice registered nurse 75
- Application for authorization—registered nurse anesthetist 75
- Application for authorization with temporary authorization—registered nurse anesthetist 110
- Application for biennial renewal of authorization—registered nurse anesthetist 60
- Application for reinstatement of authorization—registered nurse anesthetist 75
- Application for reinstatement of authorization with temporary authorization—registered nurse anesthetist 100
- Verification of license to another state 30
- Application for exempt license—professional and practical nurse 50
- Application for biennial renewal of exempt license—professional and practical nurse 50
- Application for exempt license—advanced practice registered nurse 50
- Application for biennial renewal of exempt license—advanced practice registered nurse 50
(b) The board may require that fees paid for any examination under the Kansas nurse practice act be paid directly to the examination service 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. 1949, ch. 331, § 7; L. 1963, ch. 314, § 4; L. 1973, ch. 249, § 1; L. 1975, ch. 316, § 6; L. 1978, ch. 347, § 11; L. 1980, ch. 188, § 1; L. 1986, ch. 233, § 3; L. 1988, ch. 242, § 2; L. 1992, ch. 135, § 1; L. 1993, ch. 194, § 12; L. 1997, ch. 158, § 3; L. 1999, ch. 84, § 5; L. 2011, ch. 114, § 41; L. 2017, ch. 31, § 1; L. 2018, ch. 42, § 4; July 1, 2019.
§ 65-1118a Fees; consultants' travel expenses
(a) The board shall collect fees provided for in this act as fixed by the board, but not exceeding:
- Application for approval—schools and programs of nursing $1,000.00
- Annual fee of approval—schools and programs of nursing 400
- Application for approval of continuing education providers 200
- Annual fee for continuing nursing education providers 75
- Approval of single continuing nursing education offerings 100
- Consultation by request, not to exceed per day on site 400
(b) In addition to the above prescribed fees, consultants' travel expenses shall be charged to the person, firm, corporation or institution requesting consultation services to be provided by the board.
History: L. 1981, ch. 244, § 1; L. 1990, ch. 221, § 3; L. 1992, ch. 135, § 2; L. 1993, ch. 194, § 13; L. 2001, ch. 161, § 3; July 1.
§ 65-1119 Schools of nursing; approval; approval of providers of continuing education offerings; application fee; criteria for evaluating out-of-state schools; nationally accredited schools of nursing
(a)
Application for approval.
An approved school of nursing is one which has been approved as such by the board as meeting the standards of this act, and the rules and regulations of the board. An institution desiring to conduct an approved school of professional or practical nursing shall apply to the board for approval and submit satisfactory proof that it is prepared to and will maintain the standards and basic professional nursing curriculum or the required curriculum for practical nursing, as the case may be, as prescribed by this act and by the rules and regulations of the board. Applications shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board. The approval of a school of nursing shall not exceed 10 years after the granting of such approval by the board. An institution desiring to continue to conduct an approved school of professional or practical nursing shall apply to the board for the renewal of approval and submit satisfactory proof that it will maintain the standards and basic professional nursing curriculum or the required curriculum for practical nursing, as the case may be, as prescribed by this act and by the rules and regulations of the board. Applications for renewal of approval shall be made in writing on forms supplied by the board. Each school of nursing shall submit annually to the board an annual fee fixed by the board by rules and regulations to maintain the approval status.
(b)
Schools for professional nurses.
To qualify as an approved school for professional nurses, the school must be conducted in the state of Kansas, and shall apply to the board and submit evidence that: (1) It is prepared to carry out the professional curriculum as prescribed in the rules and regulations of the board; and (2) it is prepared to meet such other standards as shall be established by this law and the rules and regulations of the board.
(c)
Schools for practical nurses.
To qualify as an approved school for practical nurses, the school must be conducted in the state of Kansas, and shall apply to the board and submit evidence that: (1) It is prepared to carry out the curriculum as prescribed in the rules and regulations of the board; and (2) it is prepared to meet such other standards as shall be established by this law and the rules and regulations of the board.
(d)
Survey.
The board shall prepare and maintain a list of approved schools for both professional and practical nurses whose graduates, if they have the other necessary qualifications provided in this act, shall be eligible to apply for a license as a registered professional nurse or as a licensed practical nurse. A survey of the institution or institutions and of the schools applying for approval shall be made by an authorized employee of the board or members of the board, who shall submit a written report of the survey to the board. If, in the opinion of the board, the requirements as prescribed by the board in its rules and regulations for an approved school for professional nurses or for practical nurses are met, it shall so approve the school as either a school for professional nurses or practical nurses, as the case may be. The board shall resurvey approved schools on a periodic basis as determined by rules and regulations. If the board determines that any approved school of nursing is not maintaining the standards required by this act and by rules and regulations prescribed by the board, notice thereof in writing, specifying the failures of such school, shall be given immediately to the school. A school which fails to correct such conditions to the satisfaction of the board within a reasonable time shall be removed from the list of approved schools of nursing until such time as the school shall comply with the standards. All approved schools shall maintain accurate and current records showing in full the theoretical and practical courses given to each student.
(e)
Providers of continuing nursing education.
(1) To qualify as an approved provider of continuing nursing education offerings, persons, organizations or institutions proposing to provide such continuing nursing education offerings shall apply to the board for approval and submit evidence that the applicant is prepared to meet the standards and requirements established by the rules and regulations of the board for such continuing nursing education offerings. Initial applications shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board.
(2) A long-term provider means a person, organization or institution that is responsible for the development, administration and evaluation of continuing nursing education programs and offerings. Qualification as a long-term approved provider of continuing nursing education offerings shall expire five years after the granting of such approval by the board. An approved long-term provider of continuing nursing education offerings shall submit annually to the board the annual fee established by rules and regulations, along with an annual report for the previous fiscal year. Applications for renewal as an approved long-term provider of continuing nursing education offerings shall be made in writing on forms supplied by the board.
(3) Qualification as an approved provider of a single continuing nursing education offering, which may be offered once or multiple times, shall expire two years after the granting of such approval by the board. Approved single continuing nursing education providers shall not be subject to an annual fee or annual report.
(4) In accordance with rules and regulations adopted by the board, the board may approve individual educational offerings for continuing nursing education which shall not be subject to approval under other subsections of this section.
(5) The board shall accept offerings as approved continuing nursing education presented by: Colleges that are approved by a state or the national department of education and providers approved by other state boards of nursing, the national league for nursing, the national federation of licensed practical nurses, the American nurses credentialing center or other such national organizations as listed in rules and regulations adopted by the board.
(6) An individual designated by a provider of continuing nursing education offerings as an individual responsible for CNE who has held this position for the provider at least five years immediately prior to January 1, 1997, shall not be required to have a baccalaureate or higher academic degree in order to be designated by such provider as the individual responsible for CNE.
(f)
Criteria for evaluating out-of-state schools.
For the purpose of determining whether an applicant for licensure who is a graduate of a school of professional or practical nursing located outside this state meets the requirements of item (2) of subsection (a) of K.S.A. 65-1115 and amendments thereto or the requirements of item (2) of subsection (a) of K.S.A. 65-1116 and amendments thereto, as appropriate, the board by rules and regulations shall establish criteria for determining whether a particular school of professional nursing located outside this state maintains standards which are at least equal to schools of professional nursing which are approved by the board and whether a particular school of practical nursing located outside this state maintains standards which are at least equal to schools of practical nursing which are approved by the board. The board may send a questionnaire developed by the board to any school of professional or practical nursing located outside this state for which the board does not have sufficient information to determine whether the school meets the standards established under this subsection (f). The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
(g) The board may accept nationally accredited schools of nursing as defined in rule and regulation.
(1) Schools of nursing which have received accreditation from a board recognized national nursing accreditation agency shall file evidence of initial accreditation with the board and shall file all reports from the accrediting agency and any notice of any change in school accreditation status. The board may grant approval based upon evidence of such accreditation.
(2) Schools of nursing holding approval based upon national accreditation are also responsible for complying with all other requirements as determined by rules and regulations of the board.
(3) The board may grant approval to a school of nursing with national accreditation for a continuing period not to exceed 10 years.
History: L. 1949, ch. 331, § 8; L. 1963, ch. 314, § 5; L. 1973, ch. 249, § 2; L. 1978, ch. 240, § 5; L. 1980, ch. 188, § 2; L. 1980, ch. 186, § 2; L. 1981, ch. 244, § 2; L. 1982, ch. 261, § 3; L. 1983, ch. 207, § 3; L. 1983, ch. 206, § 9; L. 1983, ch. 206, § 14; L. 1988, ch. 243, § 2; L. 1990, ch. 221, § 4; L. 1997, ch. 146, § 2; L. 2001, ch. 161, § 4; July 1.
§ 65-1120 Grounds for disciplinary actions; proceedings; witnesses; costs; professional incompetency defined; criminal justice record information
(a)
Grounds for disciplinary actions.
The board may deny, revoke, limit or suspend any license or authorization to practice nursing as a registered professional nurse, as a licensed practical nurse, as an advanced practice registered nurse or as a registered nurse anesthetist that is issued by the board or applied for under this act, or may require the licensee to attend a specific number of hours of continuing education in addition to any hours the licensee may already be required to attend or may publicly or privately censure a licensee or holder of a temporary permit or authorization, if the applicant, licensee or holder of a temporary permit or authorization is found after hearing:
(1) To be guilty of fraud or deceit in practicing nursing or in procuring or attempting to procure a license to practice nursing;
(2) to have been guilty of a felony or to have been guilty of a misdemeanor involving an illegal drug offense unless the applicant or licensee establishes sufficient rehabilitation to warrant the public trust, except that notwithstanding K.S.A. 74-120, and amendments thereto, no license or authorization to practice nursing as a licensed professional nurse, as a licensed practical nurse, as an advanced practice registered nurse or registered nurse anesthetist shall be granted to a person with a felony conviction for a crime against persons as specified in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto;
(3) has been convicted or found guilty or has entered into an agreed disposition of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
(4) to have committed an act of professional incompetency as defined in subsection (e);
(5) to be unable to practice with skill and safety due to current abuse of drugs or alcohol;
(6) to be a person who has been adjudged in need of a guardian or conservator, or both, under the act for obtaining a guardian or conservator, or both, and who has not been restored to capacity under that act;
(7) to be guilty of unprofessional conduct as defined by rules and regulations of the board;
(8) to have willfully or repeatedly violated the provisions of the Kansas nurse practice act or any rules and regulations adopted pursuant to that act, including K.S.A. 65-1114 and 65-1122, and amendments thereto;
(9) to have a license to practice nursing as a registered nurse or as a practical nurse denied, revoked, limited or suspended, or to be publicly or privately censured, by a licensing authority of another state, agency of the United States government, territory of the United States or country or to have other disciplinary action taken against the applicant or licensee by a licensing authority of another state, agency of the United States government, territory of the United States or country. A certified copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing authority of another state, agency of the United States government, territory of the United States or country shall constitute prima facie evidence of such a fact for purposes of this paragraph (9); or
(10) to have assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto, as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto.
(C) A copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.
(b)
Proceedings.
Upon filing of a sworn complaint with the board charging a person with having been guilty of any of the unlawful practices specified in subsection (a), two or more members of the board shall investigate the charges, or the board may designate and authorize an employee or employees of the board to conduct an investigation. After investigation, the board may institute charges. If an investigation, in the opinion of the board, reveals reasonable grounds for believing the applicant or licensee is guilty of the charges, the board shall fix a time and place for proceedings, which shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c)
Witnesses.
No person shall be excused from testifying in any proceedings before the board under this act or in any civil proceedings under this act before a court of competent jurisdiction on the ground that such testimony may incriminate the person testifying, but such testimony shall not be used against the person for the prosecution of any crime under the laws of this state except the crime of perjury as defined in K.S.A. 21-5903, and amendments thereto.
(d)
Costs.
If final agency action of the board in a proceeding under this section is adverse to the applicant or licensee, the costs of the board's proceedings shall be charged to the applicant or licensee as in ordinary civil actions in the district court, but if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed by the board according to the statutes relating to procedure in the district court. All costs accrued by the board, when it is the successful party, and which the attorney general certifies cannot be collected from the applicant or licensee shall be paid from the board of nursing fee fund. All moneys collected following board proceedings shall be credited in full to the board of nursing fee fund.
(e)
Professional incompetency defined.
As used in this section, "professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board; or
(3) a pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to practice nursing.
(f)
Criminal justice information.
The board upon request shall receive from the Kansas bureau of investigation such criminal history record information relating to arrests and criminal convictions as necessary for the purpose of determining initial and continuing qualifications of licensees of and applicants for licensure by the board in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
History: L. 1949, ch. 331, § 9; L. 1963, ch. 314, § 6; L. 1972, ch. 231, § 10; L. 1975, ch. 316, § 7; L. 1978, ch. 240, § 6; L. 1981, ch. 245, § 1; L. 1983, ch. 206, § 10; L. 1985, ch. 88, § 6; L. 1986, ch. 233, § 4; L. 1990, ch. 221, § 5; L. 1993, ch. 194, § 1; L. 1995, ch. 97, § 2; L. 1997, ch. 158, § 4; L. 1998, ch. 142, § 8; L. 2011, ch. 30, § 236; L. 2011, ch. 114, § 42; L. 2018, ch. 42, § 5; L. 2024, ch. 15, § 46; July 1.
§ 65-1120a Reinstatement of revoked licenses; burden of proof; board of nursing report to legislature
(a) A person whose license has been revoked may apply for reinstatement of the license after the expiration of three years from the effective date of the revocation. Application for reinstatement shall be on a form approved by the board and shall be accompanied by a reinstatement fee established by the board under K.S.A. 65-1118, and amendments thereto. The burden of proof by clear and convincing evidence shall be on the applicant to show sufficient rehabilitation to justify reinstatement of the license. If the board determines 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 provisions of 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.
(b) On or before January 8, 2018, and on or before the first day of the regular session of the Kansas legislature each year thereafter, the board of nursing shall submit a written report to the senate standing committee on public health and welfare and the house of representatives standing committee on health and human services that includes on an anonymous but individual and itemized basis: The number of individuals who applied for reinstatement of a revoked license during the immediately preceding calendar year; the amount of moneys charged to each such applicant; the number of such reinstatement applications that were granted and denied; and the basis given to deny any such reinstatement application.
(c) This section shall be part of and supplemental to the Kansas nurse practice act.
History: L. 2017, ch. 31, § 2; July 1.
§ 65-1121 Repealed
History: L. 1949, ch. 331, § 10; L. 1975, ch. 316, § 8; L. 1978, ch. 240, § 7; L. 1983, ch. 206, § 11; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-1121a Judicial review of board's actions
(a) Any agency action of the board of nursing pursuant to the Kansas nurse practice act is subject to review in accordance with the Kansas judicial review act.
(b) This section shall be part of and supplemental to the Kansas nurse practice act.
History: L. 1986, ch. 318, § 145; L. 2010, ch. 17, § 128; July 1.
§ 65-1122 Misdemeanors; penalties
It is a violation of law for any person, firm, corporation or association to:
(a) Sell or fraudulently obtain or furnish any nursing diploma, license or record or aid or abet therein;
(b) practice professional nursing, practical nursing or practice as an advanced practice registered nurse, unless duly licensed to do so;
(c) use in connection with such person's name any designation implying that such person is a licensed professional nurse, a licensed practical nurse or an advanced practice registered nurse unless duly licensed to practice under the provisions of the Kansas nurse practice act, and such license is then in full force;
(d) practice professional nursing, practical nursing or as an advanced practice registered nurse during the time a license issued under the provisions of the Kansas nurse practice act shall have expired or shall have been suspended or revoked;
(e) represent that a school for nursing is approved for educating either professional nurses or practical nurses, unless such school has been duly approved by the board and such approval is then in full force;
(f) violate any provisions of the Kansas nurse practice act or rules and regulations adopted pursuant to that act; or
(g) represent that a provider of continuing nursing education is approved by the board for educating either professional nurses or practical nurses, unless the provider of continuing nursing education has been approved by the board and the approval is in full force.
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. 1949, ch. 331, § 11; L. 1963, ch. 314, § 7; L. 1975, ch. 316, § 9; L. 1978, ch. 240, § 8; L. 1983, ch. 206, § 12; L. 1993, ch. 194, § 2; L. 2001, ch. 161, § 5; L. 2011, ch. 114, § 43; January 1, 2012.
§ 65-1123 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 (except as permitted under K.S.A. 65-1124 and amendments thereto) a person to perform professional nursing or practical nursing in Kansas, who is not licensed under this act, the board may in its own name bring an action in a court of competent jurisdiction for an injunction against such violation or such employing, and the proper courts of this state may enjoin any person, firm or corporation, institution or association from violation of this act or such employing 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. 1949, ch. 331, § 12; L. 1963, ch. 314, § 8; L. 1975, ch. 316, § 10; July 1.
§ 65-1124 Acts which are not prohibited
No provisions of this law shall be construed as prohibiting:
(a) Gratuitous nursing by friends or members of the family;
(b) the incidental care of the sick by domestic servants or persons primarily employed as housekeepers;
(c) caring for the sick in accordance with tenets and practices of any church or religious denomination which teaches reliance upon spiritual means through prayer for healing;
(d) nursing assistance in the case of an emergency;
(e) the practice of nursing by students as part of a clinical course offered through a school of professional or practical nursing or program of advanced registered professional nursing approved in the United States or its territories;
(f) the practice of nursing in this state by legally qualified nurses of any of the other states as long as the engagement of any such nurse requires the nurse to accompany and care for a patient temporarily residing in this state during the period of one such engagement not to exceed six months in length, and as long as such nurses do not represent or hold themselves out as nurses licensed to practice in this state;
(g) the practice by any nurse who is employed by the United States government or any bureau, division or agency thereof, while in the discharge of official duties;
(h) auxiliary patient care services performed in medical care facilities, adult care homes or elsewhere by persons under the direction of a person licensed to practice medicine and surgery or a person licensed to practice dentistry or the supervision of a registered professional nurse or a licensed practical nurse;
(i) the administration of medications to residents of adult care homes or to patients in hospital-based long-term care units, including state operated institutions for people with intellectual disability, by an unlicensed person who has been certified as having satisfactorily completed a training program in medication administration approved by the secretary of health and environment and has completed the program on continuing education adopted by the secretary, or by an unlicensed person while engaged in and as a part of such training program in medication administration;
(j) the practice of mental health technology by licensed mental health technicians as authorized under the mental health technicians' licensure act;
(k) performance in the school setting of nursing procedures when delegated by a licensed professional nurse in accordance with the rules and regulations of the board;
(l) performance of attendant care services directed by or on behalf of an individual in need of in-home care as the terms "attendant care services" and "individual in need of in-home care" are defined under K.S.A. 65-6201, and amendments thereto;
(m) performance of a nursing procedure by a person when that procedure is delegated by a licensed nurse, within the reasonable exercise of independent nursing judgment and is performed with reasonable skill and safety by that person under the supervision of a registered professional nurse or a licensed practical nurse;
(n) the practice of nursing by an applicant for Kansas nurse licensure in the supervised clinical portion of a refresher course; or
(o) the teaching of the nursing process in this state by legally qualified nurses of any of the other states while in consultation with a licensed Kansas nurse as long as such individuals do not represent or hold themselves out as nurses licensed to practice in this state.
History: L. 1949, ch. 331, § 13; L. 1963, ch. 314, § 9; L. 1975, ch. 316, § 11; L. 1978, ch. 241, § 1; L. 1983, ch. 207, § 4; L. 1983, ch. 208, § 3; L. 1987, ch. 234, § 1; L. 1989, ch. 191, § 3; L. 1990, ch. 222, § 1; L. 1992, ch. 134, § 1; L. 1994, ch. 149, § 3; L. 1995, ch. 97, § 3; L. 1997, ch. 158, § 5; L. 2000, ch. 113, § 1; L. 2007, ch. 102, § 1; L. 2012, ch. 91, § 41; July 1.
§ 65-1125 Repealed
History: L. 1949, ch. 331, § 14; Repealed, L. 1975, ch. 316, § 13; July 1.
§ 65-1126 Invalidity of part
If any provision of this act or the application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1949, ch. 331, § 15; June 30.
§ 65-1127 Reporting of malpractice incidents and other information; immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions
(a) A licensee shall report to the board of nursing any information the licensee may have relating to alleged incidents of malpractice or the qualifications, fitness or character of a person licensed to practice professional nursing or licensed to practice practical nursing, including persons holding a multi-state license under the nurse licensure compact. No person reporting to the board of nursing under oath and in good faith any information such person may have relating to alleged incidents of malpractice or the qualifications, fitness or character of a person licensed to practice professional nursing or licensed to practice practical nursing shall be subject to a civil action for damages as a result of reporting such information.
(b) Any state, regional or local association of registered professional nurses or licensed practical nurses 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 any licensee or registrant to the board of nursing or to any committee or agent thereof, shall be immune from liability in any civil action, that is based upon such information or transmittal of information if the investigation and communication was made in good faith and did not represent as true any matter not reasonably believed to be true.
History: L. 1976, ch. 261, § 4; L. 2018, ch. 42, § 6; July 1, 2019.
§ 65-1128 Repealed
History: L. 1978, ch. 240, § 2; L. 1980, ch. 186, § 3; Repealed, L. 1983, ch. 206, § 15; April 28.
§ 65-1129 Rules and regulations
The board shall adopt and promulgate rules and regulations as are necessary to carry out the provisions of this act [*].
History: L. 1978, ch. 240, § 9; July 1.
§ 65-1130 Advanced practice registered nurse; standards and requirements for licensure; rules and regulations; roles, titles and abbreviations; prescription of drugs authorized; licensure of currently registered individuals; malpractice insurance coverage required, exceptions
(a) No professional nurse shall announce or represent to the public that such person is an advanced practice registered nurse unless such professional nurse has complied with requirements established by the board and holds a valid license as an advanced practice registered nurse in accordance with the provisions of this section.
(b) (1) The board shall establish standards and requirements for any professional nurse who desires to obtain licensure as an advanced practice registered nurse. Such standards and requirements shall include, but not be limited to, standards and requirements relating to the education of advanced practice registered nurses. The board may give such examinations and secure such assistance as it deems necessary to determine the qualifications of applicants.
(2) (A) On and after July 1, 2023, an applicant for initial licensure as an advanced practice registered nurse shall have a current advanced practice registered nurse certification in such applicant's specific role and population focus that has been granted by a national certifying organization recognized by the board and whose certification standards are approved by the board as equal to or greater than the corresponding standards established by the board; and
(B) an advanced practice registered nurse whose initial licensure is prior to July 1, 2023, may submit evidence of such certification to the board upon renewal.
(c) The board shall adopt rules and regulations consistent with the Kansas nurse practice act applicable to advanced practice registered nurses that:
(1) Establish roles and identify titles and abbreviations of advanced practice registered nurses that are consistent with nursing practice specialties recognized by the nursing profession.
(2) Establish education and qualifications necessary for licensure for each role of advanced practice registered nurse established by the board at a level adequate to assure the competent performance by advanced practice registered nurses of functions and procedures which advanced practice registered nurses are authorized to perform. Advanced practice registered nursing is based on knowledge and skills acquired in basic nursing education, licensure as a registered nurse and graduation from or completion of a master's or higher degree in one of the advanced practice registered nurse roles approved by the board of nursing.
(3) Define the role of advanced practice registered nurses and establish limitations and restrictions on such role. The board shall adopt a definition of the role under this paragraph that is consistent with the education and qualifications required to obtain a license as an advanced practice registered nurse that protects the public from persons performing functions and procedures as advanced practice registered nurses for which they lack adequate education and qualifications and that authorizes advanced practice registered nurses to perform acts generally recognized by the profession of nursing as capable of being performed, in a manner consistent with the public health and safety, by persons with postbasic education in nursing. In defining such role the board shall consider:
(A) The education required for a licensure as an advanced practice registered nurse;
(B) the type of nursing practice and preparation in specialized advanced practice skills involved in each role of advanced practice registered nurse established by the board;
(C) the scope and limitations of advanced practice nursing prescribed by national advanced practice organizations in accordance with the laws of this state; and
(D) acts recognized by the nursing profession as appropriate to be performed by persons with postbasic education in nursing.
(d) (1) An advanced practice registered nurse may prescribe durable medical equipment and prescribe, procure and administer any drug consistent with such licensee's specific role and population focus, except an advanced practice registered nurse shall not prescribe any drug that is intended to cause an abortion. Any drug that is a controlled substance shall be prescribed, procured or administered in accordance with the uniform controlled substances act.
(2) A prescription order shall include the name, address and telephone number of the advanced practice registered nurse. An advanced practice registered nurse may not dispense drugs but may request, receive and sign for professional samples and may distribute professional samples to patients.
(3) In order to prescribe controlled substances, the advanced practice registered nurse shall:
(A) Register with the federal drug enforcement administration; and
(B) comply with federal drug enforcement administration requirements related to controlled substances.
(4) An advanced practice registered nurse certified in the role of registered nurse anesthetist while functioning as a registered nurse anesthetist under K.S.A. 65-1151 through 65-1164, and amendments thereto, shall be subject to the provisions of K.S.A. 65-1151 through 65-1164, and amendments thereto, with respect to drugs and anesthetic agents and shall not be subject to the provisions of this subsection.
(5) An advanced practice registered nurse shall maintain malpractice insurance coverage as a condition of rendering professional clinical services as an advanced practice registered nurse in this state and shall provide proof of insurance at the time of licensure and renewal of license. The requirements of this subsection shall not apply to an advanced practice registered nurse who:
(i) Practices solely in employment for which the advanced practice registered nurse is covered under the federal tort claims act or the Kansas tort claims act;
(ii) practices solely as a charitable healthcare provider under K.S.A. 75-6102, and amendments thereto; or
(iii) is serving on active duty in the armed forces of the United States.
(e) As used in this section, "drug" means those articles and substances defined as drugs in K.S.A. 65-1626 and 65-4101, and amendments thereto.
(f) A person registered to practice as an advanced registered nurse practitioner in the state of Kansas immediately prior to the effective date of this act shall be deemed to be licensed to practice as an advanced practice registered nurse under this act and such person shall not be required to file an original application for licensure under this act. Any application for registration filed which has not been granted prior to the effective date of this act shall be processed as an application for licensure under this act.
(g) An advanced practice registered nurse certified in the role of certified nurse-midwife and engaging in the independent practice of midwifery under the independent practice of midwifery act with respect to prescribing drugs shall be subject to the provisions of the independent practice of midwifery act and shall not be subject to the provisions of this section.
(h) This section shall not supersede the requirements outlined in K.S.A. 65-4a08(b), and amendments thereto.
History: L. 1983, ch. 206, § 2; L. 1989, ch. 192, § 1; L. 1999, ch. 115, § 1; L. 2011, ch. 114, § 44; L. 2016, ch. 92, § 98; L. 2022, ch. 65, § 1; July 1.
§ 65-1131 Advanced practice registered nurse; licensure; fees; license with temporary permit; exempt license; inactive license
(a) (1)
Licensure.
Upon application to the board by any professional nurse in this state and upon satisfaction of the standards and requirements established by the board under K.S.A. 65-1130, and amendments thereto, the board may issue a license to such applicant authorizing the applicant to perform the duties of an advanced practice registered nurse as defined by the board under K.S.A. 65-1130, and amendments thereto.
(2) The board may issue a license to practice nursing as an advanced practice registered nurse to an applicant who has been duly licensed or certified as an advanced practice registered nurse under the laws of another state or territory if, in the opinion of the board, the applicant meets the licensure qualifications required of an advanced practice registered nurse in this state. Verification of the applicant's licensure or certification status shall be required from the original state of licensure or certification.
(3) An application to the board for a license, a license with temporary permit, renewal of a license and reinstatement of a license shall be upon such form and contain such information as the board may require and shall be accompanied by a fee, to be established by rules and regulations adopted by the board, to assist in defraying the expenses in connection with the issuance of licenses as advanced practice registered nurses, in an amount fixed by the board under K.S.A. 65-1118, and amendments thereto.
(4) An application for initial licensure or endorsement will be held awaiting completion of meeting qualifications for a time period specified in rules and regulations.
(5) The executive administrator of the board shall remit all moneys received pursuant to this section to the state treasurer as provided by K.S.A. 74-1108, and amendments thereto.
(b) The board may grant a one-time temporary permit to practice as an advanced practice registered nurse for a period of not more than 180 days pending completion of the application for a license.
(c)
Exempt license.
The board may issue an exempt license to any advanced practice registered nurse as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A. 65-1118, and amendments thereto, and who is not regularly engaged in advanced practice registered nursing in Kansas but volunteers advanced practice registered nursing services or is a charitable healthcare provider as defined by K.S.A. 75-6102, and amendments thereto. Each exempt advanced practice registered nurse shall be subject to all provisions of the nurse practice act. Each exempt license may be renewed biennially subject to the provisions of this section. To convert an exempt license to an active license, the exempt advanced practice registered nurse shall meet all the requirements of subsection (a) or K.S.A. 65-1132, and amendments thereto. An advanced practice registered nurse who has been granted an exempt license pursuant to this subsection shall be exempt from the requirements of K.S.A. 40-3402 and 40-3404, and amendments thereto.
(d)
Inactive license.
The board may issue an inactive license to any advanced practice registered nurse as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A. 65-1118, and amendments thereto, and who is not regularly engaged in advanced practice registered nursing in Kansas. The holder of an inactive license shall not be required to submit evidence of satisfactory completion of a program of continuing education required by K.S.A. 65-1117 and 65-1132, and amendments thereto. An inactive license shall not entitle the holder to engage in advanced practice registered nursing in this state. Each inactive license may be renewed subject to the provisions of this section. An inactive licensee may apply for a license to regularly engage in advanced practice registered nursing upon filing a written reinstatement application with the board. The application shall be on a form provided by the board and shall be accompanied by the license fee established pursuant to K.S.A. 65-1118, and amendments thereto. An applicant for a license to practice as an advanced practice registered nurse who has not been licensed to practice advanced practice registered nursing for five years preceding application shall be required to successfully complete a refresher course as defined by the board. The board shall by rules and regulations establish appropriate continuing education requirements for inactive licensees to become licensed to regularly engage in advanced practice registered nursing in this state. An advanced practice registered nurse who has been granted an inactive license pursuant to this subsection shall be exempt from the requirements of K.S.A. 40-3402 and 40-3404, and amendments thereto.
(e) The board shall have authority to adopt rules and regulations to carry out the provisions of this section.
History: L. 1983, ch. 206, § 3; L. 1992, ch. 135, § 3; L. 1997, ch. 158, § 6; L. 1999, ch. 84, § 3; L. 2011, ch. 114, § 45; L. 2017, ch. 35, § 5; July 1.
§ 65-1132 Renewal of license for advanced practice registered nurse; reinstatement of lapsed license
(a) All licenses issued under the provisions of this act, whether initial or renewal, shall expire every two years. The expiration date shall be established by rules and regulations of the board. The board shall send a notice for renewal of a license to every advanced practice registered nurse at least 60 days prior to the expiration date of such person's license. Every person who desires to renew such license shall file with the board, on or before the date of expiration of such license:
(1) A renewal application together with the prescribed biennial renewal fee;
(2) evidence of completion of continuing education in the advanced practice registered nurse role, which has met the continuing education requirement for an advanced practice registered nurse as developed by the board or by a national organization whose certifying standards are approved by the board as equal to or greater than the corresponding standards established by the board. These continuing education credits approved by the board may be applied to satisfy the continuing education requirements established by the board for licensed professional nurses under K.S.A. 65-1117, and amendments thereto, if the board finds such continuing education credits are equivalent to those required by the board under K.S.A. 65-1117, and amendments thereto; and
(3) proof of evidence of current licensure as a professional nurse.
Upon receipt of such application and payment of any applicable fee, and upon being satisfied that the applicant for renewal of a license meets the requirements established by the board under K.S.A. 65-1130, and amendments thereto, in effect at the time of initial qualification of the applicant, the board shall verify the accuracy of the application and grant a renewal license.
(b) Any person who fails to secure a renewal license prior to the expiration of the license may secure a reinstatement of such lapsed license by making application therefor on a form provided by the board, upon furnishing proof that the applicant is competent and qualified to act as an advanced practice registered nurse and upon satisfying all of the requirements for reinstatement including payment to the board of a reinstatement fee as established by the board.
History: L. 1983, ch. 206, § 4; L. 1993, ch. 194, § 14; L. 2007, ch. 99, § 2; L. 2011, ch. 114, § 46; January 1, 2012.
§ 65-1133 Same; educational and training programs for advanced practice registered nurses; approval; survey; nationally accredited programs
(a) An approved educational and training program for advanced practice registered nurses is a program conducted in Kansas which has been approved by the board as meeting the standards and the rules and regulations of the board. An institution desiring to conduct an educational and training program for advanced practice registered nurses shall apply to the board for approval and submit satisfactory proof that it is prepared to and will maintain the standards and the required curriculum for advanced practice registered nurses as prescribed by this act and by the rules and regulations of the board. Applications shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board. The approval of an educational program for advanced practice registered nurses shall not exceed 10 years after the granting of such approval by the board. An institution desiring to continue to conduct an approved educational program for advanced practice registered nurses shall apply to the board for the renewal of approval and submit satisfactory proof that it will maintain the standards and the required curriculum for advanced practice registered nurses as prescribed by this act and by the rules and regulations of the board. Applications for renewal of approval shall be made in writing on forms supplied by the board. Each program shall submit annually to the board an annual fee fixed by the board's rules and regulations to maintain the approved status.
(b) A program to qualify as an approved educational program for advanced practice registered nurses must be conducted in the state of Kansas, and the school conducting the program must apply to the board and submit evidence that: (1) It is prepared to carry out the curriculum prescribed by rules and regulations of the board; and (2) it is prepared to meet such other standards as shall be established by law and the rules and regulations of the board.
(c) The board shall prepare and maintain a list of programs which qualify as approved educational programs for advanced practice registered nurses whose graduates, if they have the other necessary qualifications provided in this act, shall be eligible to apply for licensure as advanced practice registered nurses. A survey of the institution or school applying for approval of an educational program for advanced practice registered nurses shall be made by an authorized employee of the board or members of the board, who shall submit a written report of the survey to the board. If, in the opinion of the board, the requirements as prescribed by the board in its rules and regulations for approval are met, it shall so approve the program. The board shall resurvey approved programs on a periodic basis as determined by rules and regulations. If the board determines that any approved program is not maintaining the standards required by this act and by rules and regulations prescribed by the board, notice thereof in writing, specifying the failures of such program, shall be given. A program which fails to correct such conditions to the satisfaction of the board within a reasonable time shall be removed from the list of approved programs until such time as the program shall comply with such standards. All approved programs shall maintain accurate and current records showing in full the theoretical and practical courses given to each student.
(d) The board may accept nationally accredited advanced practice registered nurse programs as defined by rules [and] regulations adopted by the board in accordance with K.S.A. 65-1130, and amendments thereto:
(1) Advanced practice registered nurse programs which have received accreditation from a board recognized national nursing accreditation agency shall file evidence of initial accreditation with the board, and thereafter shall file all reports from the accreditation agency and any notice of any change in school accreditation status.
(2) Advanced practice registered nurse programs holding approval based upon national accreditation are also responsible for complying with all other requirements as determined by rules and regulations of the board.
(3) The board may grant approval to an advanced practice registered nurse program with national accreditation for a continuing period not to exceed 10 years.
History: L. 1983, ch. 206, § 5; L. 2000, ch. 113, § 2; L. 2001, ch. 161, § 6; L. 2011, ch. 114, § 47; January 1, 2012.
§ 65-1134 Citation of Kansas nurse practice act
The acts contained in article 11 of chapter 65 of the Kansas Statutes Annotated and amendments thereto or made specifically supplemental thereto shall be construed together and may be cited as the Kansas nurse practice act.
History: L. 1983, ch. 206, § 1; L. 1993, ch. 194, § 3; July 1.
§ 65-1135 Complaint or information relating to complaint confidential; exceptions
(a) Any complaint or report, record or other information relating to the investigation of a complaint about a person licensed by the board which is received, obtained or maintained by the board is confidential and shall not be disclosed by the board or its employees in a manner which identified or enables identification of the person who is the subject or source of such information except:
(1) In a disciplinary proceeding conducted by the board pursuant to law or in an appeal of the order of the board entered in such proceeding, or to any party to such proceeding or appeal or such party's attorney;
(2) to the proper licensing or disciplinary authority of another jurisdiction, if any disciplinary action authorized by K.S.A. 65-1120 and amendments thereto has at any time been taken against the licensee or the board has at any time denied a license certificate or authorization to the person; or
(3) to the person who is the subject of the information, but the board may require disclosure in such a manner as to prevent identification of any other person who is the subject or source of the information.
(b) This section shall be part of and supplemental to the Kansas nurse practice act.
History: L. 1993, ch. 194, § 8; July 1.
§ 65-1136 Intravenous fluid therapy; qualifications of licensed practical nurses to administer; definitions; rules and regulations; advisory committee established; prohibitions; exceptions
(a) As used in this section:
(1) "Provider" means a person who is approved by the board to administer an examination and to offer an intravenous fluid therapy course which has been approved by the board.
(2) "Person" means an individual, organization, agency, institution or other legal entity.
(3) "Examination" means an intravenous fluid therapy competency examination approved by the board.
(4) "Supervision" means provision of guidance by a qualified nurse for the accomplishment of a nursing task or activity with initial direction of the task or activity and periodic inspection of the actual act of accomplishing the task or activity.
(b) A licensed practical nurse may perform a limited scope of intravenous fluid therapy under the supervision of a registered professional nurse.
(c) A licensed practical nurse may perform an expanded scope of intravenous fluid therapy under the supervision of a registered professional nurse, if the licensed practical nurse:
(1) Successfully completes an intravenous fluid therapy course given by a provider and passes an intravenous fluid therapy examination administered by a provider; or
(2) has had one year clinical experience, has performed intravenous fluid therapy prior to July 1, 1995, and has successfully passed an examination; or
(3) has successfully completed an intravenous fluid therapy course and passed an intravenous fluid therapy examination not administered by a provider and, upon application to the board for review and approval of such course and examination, the board has determined that such course and examination meets or exceeds the standards required under this act for an approved course and approved examination; or
(4) prior to July 1, 2001, qualified under paragraph (3) of this subsection (c), as such subsection existed immediately prior to July 1, 2001, to perform an expanded scope of intravenous fluid therapy.
(d) The board may adopt rules and regulations:
(1) Which define the limited and expanded scope of practice of intravenous fluid therapy which may be performed by a licensed practical nurse under the supervision of a registered professional nurse;
(2) which restricts specific intravenous fluid therapy practices;
(3) which prescribe standards for an intravenous fluid therapy course and examination required of a provider;
(4) which govern provider record requirements;
(5) which prescribe the procedure to approve, condition, limit and withdraw approval as a provider; and
(6) which further implement the provisions of this section.
(e) An advisory committee of not less than two board members and five nonboard members shall be established by the board to advise and assist the board in implementing this section as determined by the board. The advisory committee shall meet at least annually. Members of the advisory committee shall receive amounts provided for in subsection (e) of K.S.A. 75-3223 and amendments thereto for each day of actual attendance at any meeting of the advisory committee or any subcommittee meeting of the advisory committee authorized by the board.
(f) No licensed practical nurse shall perform intravenous fluid therapy unless qualified to perform intravenous fluid therapy under this section and rules and regulations adopted by the board.
(g) Nothing in this section shall be construed to prohibit the performance of intravenous fluid therapy by a registered professional nurse.
(h) Nothing in this section shall be construed to prohibit performance of intravenous fluid therapy by a licensed practical nurse when performed by delegation of a person licensed to practice medicine and surgery or dentistry.
(i) This section shall be part of and supplemental to the Kansas nurse practice act.
History: L. 1994, ch. 218, § 1; L. 2000, ch. 113, § 3; L. 2001, ch. 161, § 7; July 1.
§§ 65-1137 through 65-1150 Reserved
§ 65-1151 Definitions
As used in K.S.A. 65-1151 to 65-1164, inclusive and amendments thereto:
(a) "Registered nurse anesthetist" means a licensed professional nurse who is authorized to practice as a registered nurse anesthetist.
(b) "Board" means the board of nursing.
(c) "Local anesthetic" means infiltration anesthesia or anesthesia produced by direct infiltration of local anesthetic solution into the operative site.
(d) "Regional anesthesia" means the use of local anesthetic solutions to produce loss of sensation in circumscribed areas.
(e) "General anesthesia" means one that is complete and affecting the entire body with the loss of consciousness.
(f) "Active anesthesia practice" means clinical practice and anesthesia related administration, educational and research activities.
History: L. 1986, ch. 183, § 1; L. 1996, ch. 179, § 1; July 1.
§ 65-1152 Qualifications for authorization to practice as a registered nurse anesthetist; approval of schools of nurse anesthesia, criteria
(a) In order to obtain authorization from the board of nursing to practice as a registered nurse anesthetist an individual shall meet the following requirements:
(1) Be licensed to practice professional nursing under the Kansas nurse practice act;
(2) has successfully completed a course of study in nurse anesthesia in a school of nurse anesthesia approved by the board;
(3) has successfully completed an examination approved by the board or has been certified by a national organization whose certifying standards are approved by the board as equal to or greater than the corresponding standards established under this act for obtaining authorization to practice as a registered nurse anesthetist; and
(4) be required to successfully complete a refresher course as defined in rules and regulations of the board if the individual has not been in active anesthesia practice for five years preceding the application.
(b) Approval of schools of nurse anesthesia shall be based on approval standards specified in K.S.A. 65-1133 and amendments thereto.
(c) Schools of nurse anesthesia approved by the board under this section shall offer, a masters level degree program in nurse anesthesia.
(d) For the purposes of determining whether an individual meets the requirements of item (2) of subsection (a), the board by rules and regulations shall establish criteria for determining whether a particular school of nurse anesthesia maintains standards which are at least equal to schools of nurse anesthesia which are approved by the board.
History: L. 1986, ch. 183, § 2; L. 1988, ch. 243, § 3; L. 1988, ch. 244, § 1; L. 1988, ch. 245, § 3; L. 1993, ch. 194, § 15; L. 1996, ch. 179, § 2; L. 1997, ch. 158, § 7; L. 2001, ch. 161, § 8; July 1.
§ 65-1153 Temporary authorization to practice
The board may grant a temporary authorization to practice nurse anesthesia as a registered nurse anesthetist: (a) For a period of not more than one year to graduates of a school of nurse anesthesia approved by the board pending results of the initial examination; or
(b) for the needed amount of time to complete the clinical portion of a refresher course; or
(c) for a period not to exceed 120 days.
History: L. 1986, ch. 183, § 3; L. 1992, ch. 135, § 4; L. 1996, ch. 179, § 3; L. 2000, ch. 113, § 4; L. 2001, ch. 161, § 9; July 1.
§ 65-1154 Application; fees; deposit of moneys
Upon application to the board by any licensed professional nurse in this state and upon satisfaction of the standards and requirements established under this act and K.S.A. 65-1130, and amendments thereto, the board shall grant an authorization to the applicant to perform the duties of a registered nurse anesthetist and be licensed as an advanced practice registered nurse. An application to the board for an authorization, for an authorization with temporary authorization, for biennial renewal of authorization, for reinstatement of authorization and for reinstatement of authorization with temporary authorization shall be upon such form and contain such information as the board may require and shall be accompanied by a fee to assist in defraying the expenses in connection with the administration of the provisions of this act. The fee shall be fixed by rules and regulations adopted by the board in an amount fixed by the board under K.S.A. 65-1118, and amendments thereto. There shall be no fee assessed for the initial, renewal or reinstatement of the advanced practice registered nurse license as long as the registered nurse anesthetist maintains authorization. The executive administrator of the board shall remit all moneys received to the state treasurer as provided by K.S.A. 74-1108, and amendments thereto.
History: L. 1986, ch. 183, § 4; L. 1992, ch. 135, § 5; L. 1996, ch. 179, § 4; L. 2011, ch. 114, § 48; January 1, 2012.
§ 65-1155 Expiration of authorizations to practice; renewal; lapsed authorization; reinstatement fee
(a) All authorizations to practice under this act, whether initial or renewal, shall expire every two years. The biennial authorizations to practice as a registered nurse anesthetist shall expire at the same time as the license to practice as a registered nurse. The board shall send a notice for renewal of the authorization to practice to every registered nurse anesthetist at least 60 days prior to the expiration date of such person's authorization to practice. To renew such authorization to practice the registered nurse anesthetist shall file with the board, before the date of expiration of such authorization to practice, a renewal application together with the prescribed biennial renewal fee. Upon satisfaction of the requirements of subsection (a) of K.S.A. 65-1159, and amendments thereto, the board shall grant the renewal of an authorization to practice as a registered nurse anesthetist to the applicant.
(b) Any person who fails to secure the renewal of an authorization to practice prior to the expiration of the authorization may secure a reinstatement of such lapsed authorization by making application on a form provided by the board. Such reinstatement shall be granted upon receipt of proof that the applicant is competent and qualified to act as a registered nurse anesthetist, has satisfied all of the requirements and has paid the board a reinstatement fee as established by the board by rules and regulations in accordance with K.S.A. 65-1118, and amendments thereto.
History: L. 1986, ch. 183, § 5; L. 1988, ch. 242, § 3; L. 1993, ch. 194, § 16; L. 2007, ch. 99, § 3; July 1.
§§ 65-1156, 65-1157 Repealed
History: L. 1986, ch. 183, §§ 6, 7; Repealed, L. 1993, ch. 194, § 20; July 1.
§ 65-1158 Registered nurse anesthetist scope of practice; prescription of drugs authorized
(a) Upon the order of a physician or dentist requesting anesthesia or analgesia care, each registered nurse anesthetist shall be authorized to:
(1) Conduct a pre- and post-anesthesia and pre- and post-analgesia visit and assessment with appropriate documentation;
(2) develop a general plan of anesthesia care with the physician or dentist;
(3) select the method for administration of anesthesia or analgesia;
(4) select or administer appropriate medications and anesthetic agents during the peri-anesthetic or peri-analgesic period;
(5) order necessary medications and tests in the peri-anesthetic or peri-analgesic period;
(6) induce and maintain anesthesia or analgesia at the required levels;
(7) support life functions during the peri-anesthetic or peri-analgesic period;
(8) recognize and take appropriate action with respect to patient responses during the peri-anesthetic or peri-analgesic period;
(9) manage the patient's emergence from anesthesia or analgesia; and
(10) participate in the life support of the patient.
(b) (1) A registered nurse anesthetist may prescribe durable medical equipment and prescribe, procure and administer any drug consistent with the registered nurse anesthetist's education and qualifications. Except as permitted by subsection (a), a registered nurse anesthetist shall not prescribe, procure or administer any anesthetic agent. Any drug that is a controlled substance shall be prescribed, procured or administered in accordance with the uniform controlled substance act.
(2) A registered nurse anesthetist shall not perform or induce an abortion or prescribe, procure or administer drugs for an abortion.
(3) A prescription order shall include the name, address and telephone number of the registered nurse anesthetist. A registered nurse anesthetist shall not dispense drugs but may request, receive and sign for professional samples and may distribute professional samples to patients.
(4) In order to prescribe controlled substances, a registered nurse anesthetist shall:
(A) Register with the federal drug enforcement administration; and
(B) comply with federal drug enforcement administration requirements related to controlled substances.
(c) Each registered nurse anesthetist may participate in periodic and joint evaluation of services rendered, including, but not limited to, chart reviews, case reviews, patient evaluation and outcome of case statistics.
(d) A registered nurse anesthetist shall perform duties and functions in an interdependent role as a member of a physician or dentist directed healthcare team.
History: L. 1986, ch. 183, § 8; L. 1988, ch. 242, § 4; L. 1996, ch. 179, § 5; L. 2010, ch. 33, § 1; L. 2025, ch. 35, § 1; July 1.
§ 65-1159 Qualifications of applicant for renewal of an authorization to practice; continuing education
(a) The applicant for renewal of an authorization to practice as a registered nurse anesthetist shall:
(1) Have met the continuing education requirements for a registered nurse anesthetist as developed by the board or by a national organization whose certifying standards are approved by the board as equal to or greater than the corresponding standards established under this act;
(2) be currently licensed as a professional nurse; and
(3) have paid all applicable fees provided for in this act as fixed by rules and regulations of the board.
(b) Continuing education credits approved by the board for purposes of this subsection may be applied to satisfy the continuing education requirements established by the board for licensed professional nurses under K.S.A. 65-1117 and amendments thereto if the board finds such continuing education credits are equivalent to those required by the board under K.S.A. 65-1117 and amendments thereto.
History: L. 1986, ch. 183, § 9; L. 1996, ch. 179, § 6; July 1.
§ 65-1160 Repealed
History: L. 1986, ch. 183, § 10; Repealed, L. 1993, ch. 194, § 20; July 1.
§ 65-1161 Repealed
History: L. 1986, ch. 183, § 11; Repealed, L. 1996, ch. 179, § 8; July 1.
§ 65-1162 Unlawful acts
(a) Except as otherwise provided in K.S.A. 65-1151 to 65-1163, inclusive, and amendments thereto any licensed professional nurse or licensed practical nurse who engages in the administration of general or regional anesthesia without being authorized by the board to practice as a registered nurse anesthetist is guilty of a class A misdemeanor.
(b) Any person, corporation, association or other entity, except as otherwise provided in K.S.A. 65-1151 to 65-1163, inclusive, and amendments thereto who engages in any of the following activities is guilty of a misdemeanor:
(1) Employing or offering to employ any person as a registered nurse anesthetist with knowledge that such person is not authorized by the board to practice as a registered nurse anesthetist;
(2) fraudulently seeking, obtaining or furnishing documents indicating that a person is authorized by the board to practice as a registered nurse anesthetist when such person is not so authorized, or aiding and abetting such activities;
(3) using in connection with one's name the title registered nurse anesthetist, the abbreviation R.N.A., or any other designation tending to imply that such person is authorized by the board to practice as a registered nurse anesthetist when such person is not authorized by the board to practice as a registered nurse anesthetist; or
(4) violation of the Kansas nurse practice act or rules and regulations adopted pursuant thereto.
(c) Any person who violates subsection (b) of this section is guilty of a class B misdemeanor except that upon conviction of a second or subsequent violation of this section, the person is guilty of a class A misdemeanor.
History: L. 1986, ch. 183, § 12; L. 1993, ch. 194, § 4; July 1.
§ 65-1163 Application of act
Nothing in this act shall:
(a) Prohibit administration of a drug by a duly licensed professional nurse, licensed practical nurse or other duly authorized person for the alleviation of pain, including administration of local anesthetics;
(b) apply to the practice of anesthesia by a person licensed to practice medicine and surgery, a licensed dentist or a licensed podiatrist;
(c) prohibit the practice of nurse anesthesia by students enrolled in approved courses of study in the administration of anesthesia or analgesic as a part of such course of study;
(d) apply to the administration of a pudendal block by a person who holds a valid license as an advanced practice registered nurse in the role of nurse-midwife;
(e) apply to the administration by a licensed professional nurse of an anesthetic, other than general anesthesia, for a dental operation under the direct supervision of a licensed dentist or for a dental operation under the direct supervision of a person licensed to practice medicine and surgery;
(f) prohibit the practice by any registered nurse anesthetist who is employed by the United States government or in any bureau, division or agency thereof, while in the discharge of official duties; or
(g) prohibit a registered professional nurse from administering general anesthetic agents to a patient on ventilator maintenance in critical care units when under the direction of a person licensed to practice medicine and surgery or a person licensed to practice dentistry.
History: L. 1986, ch. 183, § 13; L. 1988, ch. 246, § 15; L. 1996, ch. 179, § 7; L. 2001, ch. 161, § 10; L. 2011, ch. 114, § 49; January 1, 2012.
§ 65-1164 Rules and regulations
The board of nursing may adopt rules and regulations as necessary to administer the provisions of K.S.A. 65-1151 to 65-1163, inclusive, and amendments thereto.
History: L. 1987, ch. 234, § 3; July 1.
§ 65-1165 Supervision of delegated nursing procedures
(a) All nursing procedures, including but not limited to administration of medication, delegated by a licensed nurse to a designated unlicensed person shall be supervised. The degree of supervision required shall be determined by the licensed nurse after an assessment of appropriate factors which may include:
(1) The health status and mental and physical stability of the individual receiving the nursing care;
(2) the complexity of the procedure to be delegated;
(3) the training and competency of the unlicensed person to whom the procedure is to be delegated; and
(4) the proximity and availability of the licensed nurse to the designated unlicensed person when the selected nursing procedure will be performed.
(b) As used in this section, "supervision" has the meaning ascribed to such term under subsection (a) of K.S.A. 65-1136 and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas nurse practice act.
History: L. 1995, ch. 97, § 7; July 1.
§ 65-1166 Nurse licensure compact
This section shall be known and may be cited as the nurse licensure compact.
Nurse Licensure Compact
ARTICLE I
FINDINGS AND DECLARATION OF PURPOSE
(a) The legislature of the state of Kansas finds that:
(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
(2) violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
(3) the expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
(4) new practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
(5) the current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
(6) uniformity of nurse licensure requirements among the states promotes public safety and public health benefits.
(b) The general purposes of this compact are to:
(1) Facilitate the states' responsibility to protect the public's health and safety;
(2) ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
(3) facilitate the exchange of information among party states in the areas of nurse regulation, investigation and adverse actions;
(4) promote compliance with the laws governing the practice of nursing in each jurisdiction;
(5) invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party-state licenses;
(6) decrease redundancies in the consideration and issuance of nurse licenses; and
(7) provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
ARTICLE II
DEFINITIONS
As used in this compact:
(a) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action.
(b) "Alternative program" means a nondisciplinary monitoring program approved by a licensing board.
(c) "Commission" means the interstate commission of nurse licensure compact administrators.
(d) "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
(e) "Current significant investigative information" means:
(1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(2) investigative information that indicates that the nurse represents an immediate threat to public health and safety, regardless of whether the nurse has been notified and had an opportunity to respond.
(f) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
(g) "Home state" means the party state that is the nurse's primary state of residence.
(h) "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.
(i) "LPN/VN" means a licensed practical/vocational nurse.
(j) "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
(k) "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.
(l) "Nurse" means RN or LPN/VN, as those terms are defined by each party state's practice laws.
(m) "Party state" means any state that has adopted this compact.
(n) "Remote state" means a party state, other than the home state.
(o) "RN" means a registered nurse.
(p) "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
(q) "State" means a state, territory or possession of the United States and the District of Columbia.
(r) "State practice laws" means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. State practice laws do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
ARTICLE III
GENERAL PROVISIONS AND JURISDICTION
(a) A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as an RN or as an LPN/VN, under a multistate licensure privilege, in each party state.
(b) A state must implement procedures for considering the criminal history records of applicants for an initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.
(c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
(1) Has met the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws;
(2) (A) has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or
(B) has graduated from a foreign RN or LPN/VN prelicensure education program that: (i) Has been approved by the authorized accrediting body in the applicable country; and (ii) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;
(3) has, if a graduate of a foreign prelicensure education program, not taught in English or, if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;
(4) has successfully passed an NCLEX-RN or NCLEX-PN examination or recognized predecessor, as applicable;
(5) is eligible for or holds an active unencumbered license;
(6) has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the Kansas bureau of investigation;
(7) has not been convicted or found guilty or has entered into an agreed disposition of a felony offense under applicable state or federal criminal law;
(8) has not been convicted or found guilty or has entered into an agreed disposition of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
(9) is not currently enrolled in an alternative program;
(10) is subject to self-disclosure requirements regarding current participation in an alternative program; and
(11) has a valid United States social security number.
(d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege, such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
(e) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.
(g) Any nurse holding a home state multistate license on the effective date of this compact may retain and renew the multistate license issued by the nurse's then-current home state, provided that:
(1) A nurse who changes such nurse's primary state of residence after this compact's effective date must meet all applicable article III(c) requirements to obtain a multistate license from a new home state.
(2) A nurse who fails to satisfy the multistate licensure requirements in article III(c) due to a disqualifying event occurring after this compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the commission.
ARTICLE IV
APPLICATIONS FOR LICENSURE IN A PARTY STATE
(a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
(c) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(d) If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
ARTICLE V
ADDITIONAL AUTHORITIES INVESTED
IN PARTY-STATE LICENSING BOARDS
(a) In addition to the other powers conferred by state law, a licensing board shall have the authority to:
(1) Take adverse action against a nurse's multistate licensure privilege to practice within that party state:
(A) Only the home state shall have the power to take adverse action against a nurse's license issued by the home state; and
(B) for purposes of taking adverse action, the home-state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action;
(2) issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state;
(3) complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate actions and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions;
(4) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located;
(5) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions;
(6) if otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse; and
(7) take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.
(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home-state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.
(c) Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home-state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.
ARTICLE VI
COORDINATED LICENSURE INFORMATION
SYSTEM AND EXCHANGE OF INFORMATION
(a) All party states shall participate in a coordinated licensure information system of all licensed RNs and LPNs/VNs. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications, with the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party-state licensing boards.
(e) Notwithstanding any other provision of law, all party-state licensing boards contributing information to the coordinated licensure information system may designate information, which may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information system by a party-state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(h) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum:
(1) Identifying information;
(2) licensure data;
(3) information related to alternative program participation; and
(4) other information that may facilitate the administration of this compact, as determined by commission rules.
(i) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
ARTICLE VII
ESTABLISHMENT OF THE INTERSTATE COMMISSION
OF NURSE LICENSURE COMPACT ADMINISTRATORS
(a) The party states hereby create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators.
(1) The commission is an instrumentality of the party states.
(2) Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting and meetings:
(1) Each party-state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the laws of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
(2) Each administrator shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication.
(3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.
(4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article VIII of this compact.
(5) The commission may convene in a closed, nonpublic meeting if the commission must discuss:
(A) Noncompliance of a party state with its obligations under this compact;
(B) the employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) current, threatened or reasonably anticipated litigation;
(D) negotiation of contracts for the purchase or sale of goods, services or real estate;
(E) accusing any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) disclosure of investigatory records compiled for law enforcement purposes;
(I) disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact; or
(J) matters specifically exempted from disclosure by federal or state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including, but not limited to:
(1) Establishing the fiscal year of the commission;
(2) providing reasonable standards and procedures:
(A) For the establishment and meetings of other committees; and
(B) governing any general or specific delegation of any authority or function of the commission;
(3) providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;
(4) establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;
(5) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission; and
(6) providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations.
(d) The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the commission.
(e) The commission shall maintain its financial records in accordance with the bylaws.
(f) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(g) The commission shall have the following powers:
(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states;
(2) to bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;
(3) to purchase and maintain insurance and bonds;
(4) to borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations;
(5) to cooperate with other organizations that administer state compacts related to the regulation of nursing, including, but not limited to, sharing administrative or staff expenses, office space or other resources;
(6) to hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(7) to accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
(8) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed, provided that at all times the commission shall avoid any appearance of impropriety;
(9) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;
(10) to establish a budget and make expenditures;
(11) to borrow money;
(12) to appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons;
(13) to provide and receive information from, and to cooperate with, law enforcement agencies;
(14) to adopt and use an official seal; and
(15) to perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
(h) Financing of the commission:
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities;
(2) the commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states;
(3) the commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the party states, except by and with the authority of such party state; and
(4) the commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(i) Qualified immunity, defense and indemnification:
(1) The administrators, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person.
(2) The commission shall defend any administrator, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct and provided further that nothing herein shall be construed to prohibit that person from retaining such person's own counsel.
(3) The commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
ARTICLE VIII
RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.
(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(c) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission; and
(2) on the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
(d) The notice of proposed rulemaking shall include:
(1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment, and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(e) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(f) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
(g) The commission shall publish the place, time and date of the scheduled public hearing.
(1) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.
(2) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this article.
(h) If no one appears at the public hearing, the commission may proceed with promulgation of the proposed rule.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) The commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this article shall be retroactively applied to the rule as soon as reasonably possible, and in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or party state funds; or
(3) meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
(l) The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
ARTICLE IX
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a) Oversight:
(1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent.
(2) The commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b) Default, technical assistance and termination:
(1) If the commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(A) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states.
(4) A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(c) Dispute resolution:
(1) Upon request by a party state, the commission shall attempt to resolve disputes related to the compact that arise among party states and between party and non-party-states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(3) In the event the commission cannot resolve disputes among party states arising under this compact:
(A) The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.
(B) The decision of a majority of the arbitrators shall be final and binding.
(d) Enforcement:
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE X
EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
(a) This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than 26 states or December 31, 2018. All party states to this compact that also were parties to the prior nurse licensure compact superseded by this compact, prior compact, shall be deemed to have withdrawn from such prior compact within six months after the effective date of this compact.
(b) Each party state to this compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
(c) Any party state may withdraw from this compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(d) A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this compact.
(f) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
(g) Representatives of non-party states to this compact shall be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.
ARTICLE XI
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
History: L. 2018, ch. 42, § 1; July 1, 2019.
Article 12 Examination and Registration of Osteopathic Physicians (Not in active use)
§ 65-1201 Repealed
History: L. 1913, ch. 290, § 2; R.S. 1923, 65-1201; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1202 Repealed
History: L. 1913, ch. 290, § 3; R.S. 1923, 65-1202; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1203 Repealed
History: L. 1913, ch. 290, § 4; R.S. 1923, 65-1203; L. 1927, ch. 243, § 1; L. 1943, ch. 269, § 12; L. 1956, ch. 52, § 10; Repealed, L. 1957, ch. 343, § 91; July 1.
§§ 65-1204 through 65-1206 Repealed
History: L. 1913, ch. 290, §§ 5 to 7; R.S. 1923, 65-1204 to 65-1206; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1207 Repealed
History: L. 1937, ch. 279, § 1; L. 1955, ch. 289, § 1; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1208 Repealed
History: L. 1937, ch. 279, § 2; Repealed, L. 1957, ch. 343, § 91; July 1.
Article 13 Examination and Registration of Chiropractors (Not in active use)
§ 65-1301 Repealed
History: L. 1913, ch. 291, § 4; R.S. 1923, 65-1301; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1302 Repealed
History: L. 1913, ch. 291, § 5; R.S. 1923, 65-1302; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1303 Repealed
History: L. 1913, ch. 291, § 6; R.S. 1923, 65-1303; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1304 Repealed
History: L. 1913, ch. 291, § 7; R.S. 1923, 65-1304; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1305 Repealed
History: L. 1913, ch. 291, § 8; R.S. 1923, 65-1305; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1306 Repealed
History: L. 1913, ch. 291, § 9; R.S. 1923, 65-1306; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1307 Repealed
History: L. 1913, ch. 291, § 10; R.S. 1923, 65-1307; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1308 Repealed
History: L. 1913, ch. 291, § 11; R.S. 1923, 65-1308; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1309 Repealed
History: L. 1913, ch. 291, § 13; R.S. 1923, 65-1309; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1310 Repealed
History: L. 1913, ch. 291, § 14; R.S. 1923, 65-1310; L. 1931, ch. 234, § 1; Repealed, L. 1957, ch. 343, § 91; July 1.
§ 65-1311 Repealed
History: L. 1913, ch. 291, § 15; R.S. 1923, 65-1311; Repealed, L. 1957, ch. 343, § 91; July 1.
Article 14 Regulation of Dentists and Dental Hygienists
§ 65-1401 Repealed
History: L. 1903, ch. 227, § 1; L. 1907, ch. 196, § 1; L. 1909, ch. 127, § 1; R.S. 1923, 65-1401; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1402 Repealed
History: R.S. 1923, 65-1402; L. 1925, ch. 203, § 4; L. 1935, ch. 231, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1403 Repealed
History: L. 1903, ch. 227, § 2; R.S. 1923, 65-1403; Repealed, L. 1935, ch. 232, § 3; May 15.
§ 65-1404 Repealed
History: L. 1903, ch. 227, § 3; L. 1909, ch. 127, § 2; R.S. 1923, 65-1404; L. 1925, ch. 203, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1404a Repealed
History: L. 1925, ch. 203, § 2; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1404b Repealed
History: L. 1925, ch. 203, § 3; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1405 Repealed
History: L. 1903, ch. 227, § 4; R.S. 1923, 65-1405; L. 1935, ch. 232, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1406 Repealed
History: R.S. 1923, 65-1406; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1406a Repealed
History: L. 1925, ch. 203, § 5; L. 1935, ch. 231, § 2; L. 1939, ch. 239, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1407 Repealed
History: L. 1903, ch. 227, § 9; L. 1907, ch. 196, § 3; L. 1909, ch. 127, § 3; R.S. 1923, 65-1407; L. 1935, ch. 232, § 2; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1408 Repealed
History: L. 1907, ch. 196, § 4; R.S. 1923, 65-1408; Repealed, L. 1935, ch. 232, § 3; May 15.
§ 65-1409 Repealed
History: L. 1925, ch. 203, § 6; L. 1935, ch. 231, § 3; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1410 Repealed
History: L. 1925, ch. 203, § 7; L. 1935, ch. 231, § 4; Repealed, L. 1943, ch. 221, § 46; June 28.
§§ 65-1411, 65-1412 Repealed
History: L. 1935, ch. 231, §§ 5, 6; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1413 Repealed
History: L. 1935, ch. 231, § 7; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1414 Repealed
History: L. 1935, ch. 231, § 8; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1415 Repealed
History: L. 1935, ch. 231, § 9; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1416 Repealed
History: L. 1937, ch. 280, § 1; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1417 Repealed
History: L. 1937, ch. 280, § 2; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1418 Repealed
History: L. 1937, ch. 280, § 3; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1419 Repealed
History: L. 1937, ch. 280, § 4; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1420 Repealed
History: L. 1937, ch. 280, § 5; Repealed, L. 1943, ch. 221, § 46; June 28.
§ 65-1421 License required to practice dentistry or dental hygiene
It shall be unlawful for any person to practice dentistry or dental hygiene in the state of Kansas, except:
(a) Those who are now duly licensed dentists, pursuant to law;
(b) those who are now duly licensed dental hygienists, pursuant to law;
(c) those who may hereafter be duly licensed as dentists or dental hygienists, pursuant to the provisions of this act.
History: L. 1943, ch. 221, § 4; L. 2000, ch. 169, § 1; July 1.
§ 65-1422 Persons deemed to be practicing dentistry
A person shall be deemed to be practicing dentistry:
(a) Who performs, or attempts or professes to perform, any dental operation or oral surgery or dental service of any kind, gratuitously or for a salary, fee, money or other remuneration paid, or to be paid directly or indirectly, to such person or to any other person or agency who is a proprietor of a place where dental operations, oral surgery or dental services are performed; or
(b) who directly or indirectly, by any means or method, takes impression of the human tooth, teeth, jaws or performs any phase of any operation incident to the replacement of a part of a tooth; or
(c) who supplies artificial substitutes for the natural teeth, or who furnishes, supplies, constructs, reproduces or repairs any prosthetic denture, bridge, appliance or any other structure to be worn in the human mouth, except on the written prescription of a licensed dentist; or
(d) who places such appliance or structure in the human mouth, or adjusts or attempts or professes to adjust the same, or delivers the same to any person other than the dentist upon whose prescription the work was performed; or
(e) who professes to the public by any method to furnish, supply, construct, reproduce or repair any prosthetic denture, bridge, appliance or other structure to be worn in the human mouth; or
(f) who diagnoses, or professes to diagnose, prescribe for, or professes to prescribe for, treats, or professes to treat, disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws, or adjacent structure; or
(g) who extracts, or attempts to extract, human teeth, or corrects or attempts to correct, malformations of teeth or of the jaws; or
(h) who repairs or fills cavities in the human teeth; or
(i) who diagnoses, makes and adjusts appliances to artificial casts or malposed teeth for treatment of the malposed teeth in the human mouth, with or without instruction; or
(j) who uses a roentgen or x-ray machine for the purpose of taking dental x-rays or roentgenograms; or
(k) who gives, or professes to give, interpretations or readings of dental x-rays or roentgenograms; or
(l) who administers an anesthetic of any nature in connection with a dental operation; or
(m) who uses the words dentist, dental surgeon, oral surgeon, or the letters D.D.S., D.M.D., or any other words, letters, title or descriptive matter which in any way represents oneself as being able to diagnose, treat, prescribe or operate for any disease, pain, deformity, deficiency, injury or physical condition of the teeth or jaws or adjacent structures; or
(n) who states, or professes, or permits to be stated or professed by any means or method whatsoever that such person can perform or will attempt to perform dental operations or render a diagnosis connected therewith.
History: L. 1943, ch. 221, § 5; L. 2000, ch. 169, § 2; July 1.
§ 65-1423 Act inapplicable to certain practices, acts and operations; definitions
(a) Nothing in this act shall apply to the following practices, acts and operations:
(1) To the practice of a person licensed to practice medicine and surgery under the laws of this state, unless such person practices dentistry as a specialty;
(2) to the performance by a licensed nurse of a task as part of the administration of an anaesthetic for a dental operation under the direct supervision of a licensed dentist or person licensed to practice medicine and surgery so long as the anaesthetic given under the direct supervision of a licensed dentist is consistent with the anaesthetic the dentist is authorized to administer under K.S.A. 65-1444, and amendments thereto, and consistent with subsection (a) of K.S.A. 65-1162, and amendments thereto, and subsection (e) of K.S.A. 65-1163, and amendments thereto;
(3) to the giving by a registered nurse anesthetist of an anaesthetic for a dental operation in an interdependent role as a member of a physician or dentist directed health care team;
(4) the practice of dentistry in the discharge of their official duties by graduate dentists or dental surgeons in the United States army, navy, air force, marines, public health service, coast guard or veterans' administration;
(5) the practice of dentistry by a licensed dentist or licensed dental hygienist of other states or countries at meetings of the Kansas state dental association or components thereof, or other like dental organizations approved by the board, while appearing as clinicians;
(6) to the filling of prescriptions of a licensed dentist as hereinafter provided by any person or persons, association, corporation or other entity, for the construction, reproduction or repair of prosthetic dentures, bridges, plates or appliances to be used or worn as substitutes for natural teeth, provided that such person or persons, associations, corporation or other entity, shall not solicit or advertise, directly or indirectly by mail, card, newspaper, pamphlet, radio or otherwise, to the general public to construct, reproduce or repair prosthetic dentures, bridges, plates or other appliances to be used or worn as substitutes for natural teeth;
(7) to the use of roentgen or x-ray machines or other rays for making radiograms or similar records, of dental or oral tissues under the supervision of a licensed dentist or physician except that such service shall not be advertised by any name whatever as an aid or inducement to secure dental patronage, and no person shall advertise that such person has, leases, owns or operates a roentgen or x-ray machine for the purpose of making dental radiograms of the human teeth or tissues or the oral cavity, or administering treatment thereto for any disease thereof;
(8) except as hereinafter limited to the performance of any dental service of any kind by any person who is not licensed under this act, if such service is performed under the supervision of a dentist licensed under this act at the office of such licensed dentist except that such nonlicensed person shall not be allowed to perform or attempt to perform the following dental operations or services:
(A) Any and all removal of or addition to the hard or soft tissue of the oral cavity;
(B) any and all diagnosis of or prescription for treatment for disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws, or adjacent structure;
(C) any and all correction of malformation of teeth or of the jaws;
(D) any and all administration of general or local anaesthesia of any nature in connection with a dental operation; or
(E) a prophylaxis, except that individuals who are not licensed but who are operating under the direct supervision of a dentist may (i) coronal polish teeth as defined by rules and regulations of the board and (ii) coronal scale teeth above the gum line as long as such procedure is not performed on a patient who has undergone local or general anesthesia at the time of the procedure, is undertaken by a nonlicensed person who has successfully completed necessary training for performing such dental procedure in a course of study approved by the board, which course of study is consistent with American dental association accreditation standards and includes but is not limited to adequate instruction on scaling the teeth and recognition of periodontal disease, is undertaken by a person who has met the experience requirements for performing such procedures as established by the board;
(9) the practice of dentistry by a dental student, the practice of dental hygiene by a dental hygiene student or the performance of duties permitted under the dental practices act to unlicensed persons by a dental assisting student, provided that (i) the procedures are performed as part of the educational program of dental, dental hygiene or dental assisting that has been approved by the board and in a facility operated or overseen by the approved program and (ii) the student is under the supervision of a dentist or dental hygienist who is either licensed in the state of Kansas or who is eligible to be licensed in Kansas and has an application to be licensed in Kansas pending, serving as a faculty member of the program;
(10) the actions of persons while they are taking examinations for licensure administered or approved by the board; or
(11) the actions of persons while administering examinations approved by the board.
(b) As used in this section:
(1) "Removal of or addition to the hard or soft tissue of the oral cavity" means: (A) A surgical or cutting procedure on hard or soft tissues; (B) the grafting of hard or soft tissues; (C) the final placement or intraoral adjustment of a fixed crown or fixed bridge; and (D) root planing or the smoothing of roughened root surfaces.
(2) "Diagnosis of or prescription for treatment for disease, pain, deformity, deficiency, injury or physical condition of the human teeth or jaws or adjacent structure" means: (A) A comprehensive examination; (B) diagnosis and treatment planning; and (C) the prescription of a drug, medication or work authorization.
(3) "Correction of malformation of teeth or the jaws" means surgery, cutting or any other irreversible procedure.
(4) "General or local anesthesia of any nature in connection with a dental operation" means any general anaesthetic and any local anaesthetic whether block or infiltration but shall not include the administration and monitoring of the analgesic use of nitrous oxide or oxygen, or both.
History: L. 1943, ch. 221, § 6; L. 1967, ch. 341, § 1; L. 1994, ch. 169, § 1; L. 1997, ch. 30, § 1; L. 1998, ch. 141, § 1; L. 2000, ch. 169, § 3; L. 2001, ch. 145, § 1; L. 2008, ch. 36, § 1; July 1.
§ 65-1424 Definitions; arrangement with unlicensed proprietor; limitation, suspension or revocation of license; selling or closing dental practice of deceased or substantially disabled dentist; rules and regulations
(a) As used in this act:
(1) "Proprietor" means any person who employs dentists or dental hygienists in the operation of a dental office.
(2) "Dental franchisor" means any person or entity, pursuant to a written agreement, who provides a licensed dentist any dental practice management consulting services, which may include marketing or advertising services, signage or branding consulting, or places in possession of a licensed dentist such dental material or equipment as may be necessary for the management of a dental office on the basis of a lease or any other agreement for compensation. A person or entity is not a dental franchisor if the agreement with the dentist:
(A) Permits the person or entity to interfere with the professional judgment of the dentist; or
(B) contains terms that would constitute a violation of the dental practices act, rules and regulations adopted by the board, any orders and directives issued by the board or any other applicable law.
(3) "Unlicensed proprietor" means any person or entity not authorized to own or operate a dental practice that enters into an agreement with a dentist or dental hygienist related to the practice of dentistry or dental hygiene which:
(A) Permits the person or entity to interfere with the professional judgment of the dentist; or
(B) contains terms that would constitute a violation of the dental practices act, rules and regulations adopted by the board, any orders and directives issued by the board or any other applicable law.
A licensee of dentistry who enters into any arrangement with an unlicensed proprietor may have such license limited, suspended or revoked by the board.
(b) The estate or agent for a deceased or substantially disabled dentist may employ dentists, for a period of not more than 18 months following the date of death or substantial disability of the dentist, to provide service to patients until the practice can be sold or closed. Upon application showing good cause, including, but not limited to, evidence of a good faith effort to sell or close the dental practice, the Kansas dental board may extend the time in six-month increments for a period of not more than one additional year for which the practice can be sold or closed. The Kansas dental board may adopt rules and regulations as necessary to carry out the provisions of this section.
History: L. 1943, ch. 221, § 7; L. 1996, ch. 85, § 1; L. 2000, ch. 169, § 4; L. 2011, ch. 114, § 92; L. 2012, ch. 109, § 1; May 17.
§ 65-1425 Corporations not to practice dentistry; exception; employee to display name
Except as provided in K.S.A. 17-2706 et seq., and amendments thereto, no corporation shall practice, offer, or undertake to practice or hold itself out as practicing dentistry. Every person practicing dentistry as an employee of another shall cause his name to be conspicuously displayed and kept in a conspicuous place at the entrance of the place where such practice is conducted. Nothing in this section shall prohibit a licensed dentist from practicing dentistry as the agent or employee of another licensed dentist in this state, or from practicing dentistry as the agent or employee of any state hospital or state institution where such dentist's only remuneration is from the state, or from any corporation which provides dental service for its employees at no profit to the corporation. Nothing in this section shall prohibit a licensed dentist from practicing dentistry as an employee of a general hospital defined in K.S.A. 65-425, and amendments thereto, in a county with population of less than 50,000.
History: L. 1943, ch. 221, § 8; L. 1974, ch. 250, § 1; L. 2011, ch. 114, § 93; June 9.
§ 65-1426 Application for license; temporary license; qualifications of applicants; approval of dental schools or colleges
(a) Except as otherwise provided in subsection (c) or subsection (d), every person who desires to practice dentistry in this state shall file with the executive director of the board a written application for a license, and furnish satisfactory proof that the applicant is at least 21 years of age, of good moral character and a graduate of a dental school or college approved by the board. Such application shall be upon the form prescribed and furnished by the board and verified by the oath of the applicant and shall be accompanied by the required fee and a recent unmounted, autographed photograph of the applicant.
(b) The board shall approve only those dental schools or colleges which require the study of dentistry and dental surgery and which the board determines have standards of education not less than that required for accreditation by the commission on dental accreditation of the American dental association or its equivalent.
(c) Notwithstanding the provisions of subsection (a), the board shall consider an application of: Any graduate of a dental school which has not been approved by the board if the applicant successfully completes a course of remedial or refresher instruction offered by a dental school or college where both the course and the school have been approved by the board.
(d) Any graduate of an accredited dental school, dental college or dental department of a college or university, who: (1) Has a D.D.S. or D.M.D. degree and is otherwise qualified; (2) is not licensed to practice dentistry in Kansas; and (3) holds a license to practice in the state from which they are applying, upon application, may be issued a temporary license of not more than 14 calendar days to provide dental services under subsection (f)(4) of K.S.A. 75-6102, and amendments thereto.
(e) The board is hereby authorized and empowered to adopt such further rules in regard to the qualifications of applicants for licensure, not in conflict with this section, as it from time to time may deem necessary and proper.
(f) The board shall adopt rules and regulations establishing the criteria which a school shall satisfy in meeting the standards of education established under subsection (b). The board may send a questionnaire developed by the board to any school for which the board does not have sufficient information to determine whether the school meets the requirements of subsection (b) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
History: L. 1943, ch. 221, § 9; L. 1978, ch. 237, § 1; L. 1981, ch. 246, § 1; L. 1983, ch. 209, § 1; L. 1988, ch. 243, § 4; L. 2002, ch. 38, § 1; L. 2003, ch. 82, § 1; July 1.
§ 65-1427 Specialists; standards and qualifications; certificate fee; limiting practice; misdemeanor; suspension or revocation of license
(a) No dentist shall announce or hold out to the public that such dentist is a specialist, or is specially qualified in any particular branch of dentistry, or as giving special attention to any branch of dentistry, or limiting such dentist's practice to any branch of dentistry, unless such dentist has complied with additional requirements established by the board, and has been issued a certificate of qualification authorizing such dentist to do so.
(b) The board is hereby empowered to establish higher standards and additional requirements for any dentist who desires to announce or hold out to the public that such dentist is specially qualified in any particular branch of dentistry. The board is hereby empowered to give such examination as it may deem necessary to determine the qualifications of applicants and may secure such assistance as the board may deem advisable in determining the qualifications of applicants.
(c) Upon application to the board of any licensed dentist in this state, the board may issue a certificate of qualification to such dentist authorizing the applicant to hold out, or to announce, to the public that such dentist is specially qualified in, or limits such dentist's practice to, or gives special attention to any one of the recognized branches of dentistry. The application to the board shall be upon such form and contain such information as the board may require and shall be accompanied by a certificate fee to assist in defraying the expenses in connection with the issuance of such certificates of qualification fixed by the board pursuant to K.S.A. 65-1447.
(d) Any dentist holding a certificate of qualification under this section of the act may announce the limitation of such dentist's practice by using such terms and in such manner as the board may approve, together with the name of such branch of dentistry for which such dentist is authorized to hold out to the public that such dentist has special qualifications. Any dentist who shall hold out, or announce in any manner, by the use of any terms signifying or indicating to the public that such dentist's practice is limited, or is specially qualified in any particular branch of dentistry, or that such dentist gives special attention to any particular branch of dentistry, or shall use equivalent words or phrases to announce the same, without having obtained a certificate of qualification therefor, shall be guilty of a misdemeanor, and the license of such dentist to practice dentistry shall be subject to suspension or revocation. Any announcement in the manner indicated in this section shall be prima facie evidence that such dentist is practicing in one branch of dentistry.
History: L. 1943, ch. 221, § 10; L. 1953, ch. 289, § 1; L. 1980, ch. 189, § 1; July 1.
§ 65-1428 Examination of applicants; examination subjects and results; licenses
(a) Each applicant for licensure as a dentist shall be examined by the board or by a testing organization or an organization of one or more state boards formed for the purpose of conducting a standard clinical examination of candidates for licensure as dentists if the board has approved each such organization and determined that the examinations given meet the requirements of this act. For such testing organizations or organization of one or more state boards that certify the test results for a limited period of time, the examination must have been taken and passed no longer before the date of application than the certification period. All examinations provided for in this act shall be conducted in a fair and wholly impartial manner. The examination shall be both theoretical and clinical, and shall thoroughly test the qualifications of each applicant to practice dentistry.
(b) The examination shall include the following subjects: Pathology, radiology, bacteriology, treatment planning, clinical dentistry, operative dentistry, prosthetics, crown and bridge technique, orthodontia, materials in dentistry, diet and nutrition, oral hygiene and prophylaxis, preventive medicine, peridontia, anaesthesia, oral surgery, oral medicine, principles of medicine and pharmacology, anatomy, physiology, histology, chemistry, embryology and such subdivisions of these general subjects as relate to the practice of dentistry and laws of this state regulating the practice of dentistry.
The results of all such examinations shall be filed with the executive director of the board and kept for reference and inspection for a period of not less than two years.
(c) Each applicant who has attained a passing grade on each examination required by the board and has met all other requirements for licensure set forth in this act shall be granted a license by the board. Every license issued under this act shall be in the form prescribed by the board. A license to practice dentistry shall not be construed as a property right, but a valuable right contingent upon the practice of the licensee in accordance with the provisions of law relating to the practice of dentistry and any rules and regulations adopted pursuant thereto.
History: L. 1943, ch. 221, § 11; L. 1983, ch. 209, § 2; L. 2000, ch. 169, § 5; L. 2002, ch. 38, § 2; July 1.
§ 65-1429 Subsequent examination upon failure to pass; fee
Any applicant who fails to pass one or more sections of an examination given or approved by the board upon the first trial shall have a right to retake the examination. Any applicant who fails to pass the examination upon the first trial may be given credit for such sections of the examination as the board determines have been successfully completed by the applicant, but such credits shall be extended only to the succeeding examination. If the applicant shall fail to pass the examination on the second trial the applicant shall complete such additional or remedial instruction and training as the board shall, by rules and regulations, require prior to a third trial. After the third trial the board, within its discretion, may deny the applicant another examination.
History: L. 1943, ch. 221, § 12; L. 1955, ch. 290, § 1; L. 1980, ch. 189, § 2; L. 1983, ch. 209, § 3; July 1.
§ 65-1430 Display of name and license
Every practitioner of dentistry within the meaning of this act shall post and keep conspicuously displayed the dentist's name, license and current license renewal certificate in each office in which the dentist practices, in plain sight of patients, and if there is more than one dentist practicing or employed in any office the manager or proprietor of such office shall post or display, or cause to be posted and displayed, in like manner the name and license of each dentist so practicing or employed in such office.
History: L. 1943, ch. 221, § 14; L. 2000, ch. 169, § 6; July 1.
§ 65-1431 Renewal of license; application; continuing education; biennial license renewal fee; cancellation; penalty fee; waiver for retired or disabled persons; examination for persons returning to active practice after retirement or disability
(a) Each license to practice as a dentist or dental hygienist issued by the board, shall expire on December 1 of the year specified by the board for the expiration of the license and shall be renewed on a biennial basis. Each application for renewal shall be made on a form prescribed and furnished by the board. Every licensed dentist or dental hygienist shall pay to the board a renewal fee fixed by the board as provided in K.S.A. 65-1447, and amendments thereto.
(b) To provide for a staggered system of biennial renewal of licenses, the board may renew licenses for less than two years.
(c) On or before December 1 of the year in which the licensee's license expires, the licensee shall transmit to the board a renewal application, upon a form prescribed by the board, which shall include such licensee's signature, post office address, the number of the license of such licensee, whether such licensee has been engaged during the preceding licensure period in active and continuous practice whether within or without this state, and such other information as may be required by the board, together with the biennial licensure fee for a dental hygienist which is fixed by the board pursuant to K.S.A.
65-1447, and amendments thereto.
(d) (1) The board shall require every licensee to submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing education as soon as possible after the effective date of this act.
(2) A dentist who is a charitable healthcare provider in Kansas who has signed an agreement to provide gratuitous services pursuant to K.S.A.
75-6102 and
75-6120, and amendments thereto, may fulfill one hour of continuing education credit by the performance of two hours of gratuitous services to medically indigent persons up to a maximum of six continuing education credits per licensure period.
(e) Upon fixing the biennial license renewal fee, the board shall immediately notify all licensees of the amount of the fee for the ensuing licensure period. Upon receipt of such fee and upon receipt of evidence that the licensee has satisfactorily completed a program of continuing education required by the board, the licensee shall be issued a renewal license authorizing the licensee to continue to practice in this state for a period of no more than two years.
(f) (1) Any license granted under authority of this act shall automatically be canceled if the holder thereof fails to apply for and obtain renewal prior to March 1 of the year following the December in which a renewal application is due.
(2) Any licensee whose license is required to be renewed for the next biennial period may obtain renewal, prior to February 1, by submitting to the board the required renewal application, payment of the biennial renewal fee and proof that such licensee has satisfactorily completed a program of continuing education required by the board. Any licensee whose license is required to be renewed for the next biennial period may obtain renewal, between February 1 and March 1, by submitting to the board the required renewal application, payment of the biennial renewal fee, payment of a penalty fee of not to exceed $500 as fixed by rules and regulations by the board and proof that such licensee has satisfactorily completed a program of continuing education required by the board. The penalty fee in effect immediately prior to the effective date of this act shall continue in effect until rules and regulations establishing a penalty fee under this section become effective.
(g) Upon failure of any licensee to pay the applicable renewal fee or to present proof of satisfactory completion of the required program of continuing education by February 1 of the year following the December in which a renewal application is due, the board shall notify such licensee, in writing, by mailing notice to such licensee's last registered address. Failure to mail or receive such notice shall not affect the cancellation of the license of such licensee.
(h) The board may waive the payment of biennial fees and the continuing education requirements for the renewal of licenses without the payment of any fee for a person who has held a Kansas license to practice dentistry or dental hygiene if such licensee has retired from such practice or has become temporarily or permanently disabled and such licensee files with the board a certificate stating either of the following:
(1) A retiring licensee shall certify to the board that the licensee is not engaged, except as provided in K.S.A.
65-1466, and amendments thereto, in the provision of any dental service, the performance of any dental operation or procedure or the delivery of any dental hygiene service as defined by the statutes of the state of Kansas; or
(2) a disabled licensee shall certify to the board that such licensee is no longer engaged in the provision of dental services, the performance of any dental operation or the provision of any dental hygiene services as defined by the statutes of the state of Kansas by reason of any physical disability, whether permanent or temporary, and shall describe the nature of such disability.
(i) The waiver of fees under subsection (h) shall continue so long as the retirement or physical disability exists. Except as provided in K.S.A.
65-1466, and amendments thereto, in the event the licensee returns to the practice for which such person is licensed, the requirement for payment of fees and continuing education requirements shall be reimposed commencing with and continuing after the date the licensee returns to such active practice. Except as provided in K.S.A.
65-1466, and amendments thereto, the performance of any dental service, including consulting service, or the performance of any dental hygiene service, including consulting service, shall be deemed the resumption of such service, requiring payment of license fees.
(j) The Kansas dental board may adopt such rules and regulations requiring the examination and providing means for examination of those persons returning to active practice after a period of retirement or disability as the board shall deem necessary and appropriate for the protection of the people of the state of Kansas except that for an applicant to practice dental hygiene who is returning to active practice after a period of retirement or disability, the board shall authorize as an alternative to the requirement for an examination that the applicant successfully complete a refresher course as defined by the board in an approved dental hygiene school.
History: L. 1943, ch. 221, § 15; L. 1953, ch. 289, § 2; L. 1955, ch. 290, § 3; L. 1963, ch. 315, § 1; L. 1974, ch. 251, § 1; L. 1976, ch. 274, § 2; L. 1980, ch. 189, § 3; L. 1983, ch. 209, § 4; L. 1996, ch. 85, § 2; L. 1996, ch. 210, § 3; L. 1999, ch. 34, § 1; L. 1999, ch. 149, § 5; L. 2000, ch. 169, § 7; L. 2001, ch. 155, § 1; L. 2002, ch. 38, § 3; L. 2007, ch. 69, § 1; L. 2016, ch. 92, § 1; July 1.
§ 65-1431a Reinstatement of a revoked license; application form; burden of proof; conditions and restrictions; proceedings; stay of order of revocation of license
(a) A person whose license has been revoked may apply for reinstatement of the license 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 a reinstatement of a revoked license fee established by the board under K.S.A. 65-1447, and amendments thereto. The burden of proof by clear and convincing evidence shall be on the applicant to show sufficient rehabilitation to justify reinstatement of the license. The applicant shall comply with all conditions imposed by the board in establishing justification for rehabilitation. The board may establish conditions or restrictions on the reinstatement of the applicant's license as it deems appropriate. If the board determines 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 provisions of 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.
(b) This section shall be part of and supplemental to the dental practices act.
History: L. 2000, ch. 169, § 20; L. 2010, ch. 17, § 129; July 1.
§ 65-1432 Change of practice location address
Every licensed dentist, upon establishing a practice location or upon changing the place at which such licensed dentist practices dentistry shall furnish the executive director of the board within 30 days after such action the new practice location address.
History: L. 1943, ch. 221, § 16; L. 1999, ch. 34, § 2; L. 2002, ch. 38, § 4; July 1.
§ 65-1433 Duplicate license; fee
In case of a lost or destroyed license, and upon satisfactory proof of the loss or destruction thereof, the board may issue a duplicate license upon payment of the duplicate license fee fixed by the board pursuant to K.S.A. 65-1447 and amendments thereto.
History: L. 1943, ch. 221, § 17; L. 1980, ch. 189, § 4; L. 2000, ch. 169, § 8; July 1.
§ 65-1434 Licenses issued without examination; qualifications of applicants; appearance before board; "applicant" defined
(a) The board, without examination, may issue a license as a dentist or dental hygienist to an applicant holding a license in another state upon compliance with the requirements of professional qualification and experience set forth in subsection (b). The board shall prepare and adopt a form of application to be submitted by an applicant for a license to be issued under this section. On the receipt of any such application, the board shall conduct such review, verification or other investigation of the applicant and the professional qualifications, background, experience and practice of the applicant as the board deems necessary to assure full compliance with the requirements of this section. Any license so issued may be revoked by the board upon evidence that an applicant has obtained a license under this section through misrepresentation or omission of a material fact in the application or other information submitted to the board.
(b) Each applicant for licensure under this section must evidence the qualifications and meet the following requirements:
(1) Each applicant for licensure as a dentist under this section must meet the requirements set forth in K.S.A. 65-1426, and amendments thereto. Each applicant for licensure as a dental hygienist must meet any applicable requirements set forth in K.S.A. 65-1455, and amendments thereto.
(2) Each applicant shall show evidence of having successfully completed both a national board examination or an equivalent examination accepted by the state in which the applicant has been previously licensed, and a clinical examination, administered by any state or clinical dental testing agency, of equivalent merit to the clinical examination accepted by the board at the time such applicant completed such examinations.
(3) Each applicant for licensure as a dentist under this section shall have held a license to practice dentistry in one or more other states of the United States for the five-year period immediately preceding the date of application and shall have engaged in the active practice of dentistry for at least five years prior to the date of application. Each applicant for licensure as a dental hygienist under this section shall have held a license to practice dental hygiene in another state of the United States for the three-year period immediately preceding the date of application and shall have engaged in the active practice of dental hygiene for at least three years prior to the date of application. Successive and continuous periods of active practice in other states will comply with the active practice requirements of this paragraph (3). For the purpose of determining the period of practice, periods of military service will be considered to the extent approved by the Kansas dental board. Service as a full-time faculty member in a school of dentistry will be considered the practice of dentistry to the extent service involved full-time instruction in dentistry including clinical dentistry. Service as a faculty member in a school of dental hygiene will be considered the practice of dental hygiene to the extent such service involved instruction in dental hygiene including clinical dental hygiene. To be considered for the purposes of this statute, any such school of dentistry or dental hygiene must be approved by the Kansas dental board within the meaning of K.S.A. 65-1426, and amendments thereto.
(4) Each such applicant shall show evidence that the applicant has fully complied with all continuing education requirements imposed by the state or states in which the applicant has been licensed and has practiced during the five years immediately preceding the date of the application. In the event the state or states in which the applicant has been licensed and practiced has no such requirement, the applicant shall provide such information concerning continuing education received by the applicant during the five-year period preceding application as may be required by the board. All applicants must have completed continuing education sufficient to comply with that continuing education required of Kansas licensees during the twenty-four-month period prior to the date of the application for licensure unless the Kansas dental board determines, for good cause shown, that the requirement will work an undue hardship upon the applicant and the requirement is not necessary for the protection of the people of Kansas based upon the training and experience of the applicant.
(5) The applicant shall provide such other information concerning the applicant and the dental education, qualification, experience and professional conduct of the applicant as the board in its discretion deems necessary to its determination to issue a license.
(6) Each applicant shall provide a certificate of the executive director of the board or other agency governing licensure of dentists or dental hygienists of the state in which the applicant has been licensed and has practiced during the required period preceding the date of the application. Such certificate shall state that: (A) The applicant is licensed to practice dentistry or dental hygiene in the state; (B) the license of the applicant has never been suspended or revoked; (C) the applicant has never been the subject of any proceeding for suspension, revocation or other disciplinary action initiated by the board of licensure of any such state during the period the applicant has held a license to practice dentistry or dental hygiene in such state; and (D) no complaint has been filed against the applicant of such substance as, in the judgment of the board of licensure of such state, has required the initiation of proceedings against the applicant. In the event the applicant has practiced dentistry or dental hygiene in more than one other state in the United States, the applicant shall file a similar certificate with respect to such period or periods during which the applicant has practiced in each such state.
(c) The Kansas dental board may direct an applicant to appear before the board at a date, time and place to be determined by the Kansas dental board to answer questions and provide such information concerning the qualifications, background, experience and practice of the applicant as the Kansas dental board may deem necessary.
(d) The term "applicant" as used in this section shall apply to both applicants for licensure as a dentist and applicants for licensure as a dental hygienist unless the context otherwise indicates.
History: L. 1943, ch. 221, § 18; L. 1983, ch. 209, § 5; L. 1984, ch. 229, § 1; L. 1999, ch. 34, § 3; L. 2002, ch. 38, § 5; L. 2008, ch. 36, § 2; July 1.
§ 65-1435 Improper use of certain names by dentists; exceptions; unlawful acts; suspension or revocation of license; limitation on multiple office ownership
(a) Except as otherwise provided in this section, it shall be unlawful for any person or persons to practice or offer to practice dentistry under any name except such person's own name, which shall be the name used on the license granted to such person as a dentist as provided in the dental practices act.
(b) A licensed dentist may use the name of any association, corporation, clinic, trade name or business name in connection with the practice of dentistry, as defined in the dental practices act, except that such name may not misrepresent the dentist to the public as determined by the Kansas dental board.
(c) Nothing herein contained shall be construed to prevent two or more licensed dentists:
(1) From associating together for the practice of dentistry, each in such person's own proper name; or
(2) from associating together for the practice of dentistry, each as owners, in a professional corporation, organized pursuant to the professional corporation law of Kansas, or, each as owners, in a limited liability company organized pursuant to the Kansas revised limited liability company act, and using a name that may or may not contain the proper name of any such person or persons except that such name may not misrepresent the dentist to the public and from employing nonowning licensees; or
(3) from associating together with persons licensed to practice medicine and surgery in a clinic or professional association under a name that may or may not contain the proper name of any such person or persons and may contain the word "clinic."
(d) It shall be unlawful, and a licensee may have a license suspended or revoked, for any licensee to conduct a dental office in the name of the licensee, or to advertise the licensee's name in connection with any dental office or offices, or to associate together for the practice of dentistry with other licensed dentists in a professional corporation or limited liability company, under a name that may or may not contain the proper name of any such person or persons or to associate together with persons licensed to practice medicine and surgery in a clinic or professional association under a name that may or may not contain the proper name of any such person or persons and may contain the word "clinic," unless such licensee is personally present in the office operating as a dentist or personally overseeing such operations as are performed in the office or each of the offices at least 20% of the time patients are being treated in the office or each of the offices.
(e) The violation of any of the provisions of this section by any dentist shall subject such dentist to suspension or revocation of a license.
(f) Notwithstanding the provisions of subsection (d), a licensee shall be permitted to own two dental offices in addition to the licensee's primary office location under the following conditions:
(1) The licensee's secondary dental office is located within a 125-mile radius of the licensee's primary office; and
(2) the licensee's secondary dental office is located in a county with a population of less than 10,000 according to the 2000 United States census.
History: L. 1943, ch. 221, § 19; L. 1984, ch. 230, § 1; L. 2000, ch. 169, § 9; L. 2001, ch. 45, § 1; L. 2008, ch. 29, § 1; L. 2011, ch. 114, § 94; L. 2014, ch. 13, § 1; July 1.
§ 65-1436 Grounds for refusal to issue license or for action against license of dentist or dental hygienist; disciplinary action by board; notice and hearing; professionally incompetent defined; physical or mental examination
(a) The Kansas dental board may refuse to issue the license under the dental practices act, or may take any of the actions with respect to any dental or dental hygiene license as set forth in subsection (b), whenever it is established, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, that any applicant for a dental or dental hygiene license or any licensed dentist or dental hygienist practicing in the state of Kansas has:
(1) Committed fraud, deceit or misrepresentation in obtaining any license, money or other thing of value;
(2) habitually used intoxicants or drugs which have rendered such person unfit for the practice of dentistry or dental hygiene;
(3) been determined by the board to be professionally incompetent;
(4) committed gross, wanton or willful negligence in the practice of dentistry or dental hygiene;
(5) employed, allowed or permitted any unlicensed person or persons to perform any work in the licensee's office which constitutes the practice of dentistry or dental hygiene under the provisions of the dental practices act;
(6) willfully violated the laws of this state relating to the practice of dentistry or dental hygiene or the rules and regulations of the secretary of health and environment or of the board regarding sanitation;
(7) engaged in the division of fees, or agreed to split or divide the fee received for dental service with any person for bringing or referring a patient without the knowledge of the patient or the patient's legal representative, except:
(A) The division of fees between dentists practicing in a partnership and sharing professional fees;
(B) the division of fees between one licensed dentist employing another; or
(C) the division of fees between a licensed dentist and a dental franchisor;
(8) committed complicity in association with or allowed the use of the licensed dentist's name in conjunction with any person who is engaged in the illegal practice of dentistry;
(9) been convicted of a felony or a misdemeanor involving moral turpitude in any jurisdiction and the licensee fails to show that the licensee has been sufficiently rehabilitated to warrant the public trust;
(10) prescribed, dispensed, administered or distributed a prescription drug or substance, including a controlled substance, in an excessive, improper or inappropriate manner or quantity outside the scope of practice of dentistry or in a manner that impairs the health and safety of an individual;
(11) prescribed, purchased, administered, sold or given away prescription drugs, including a controlled substance, for other than legal and legitimate purposes;
(12) violated or been convicted of any federal or state law regulating possession, distribution or use of any controlled substance;
(13) failed to pay license fees;
(14) used the name "clinic," "institute" or other title that may suggest a public or semipublic activity except that the name "clinic" may be used as authorized in K.S.A. 65-1435, and amendments thereto;
(15) committed, after becoming a licensee, any conduct which is detrimental to the public health, safety or welfare as defined by rules and regulations of the board;
(16) engaged in a misleading, deceptive, untrue or fraudulent misrepresentation in the practice of dentistry or on any document connected with the practice of dentistry by knowingly submitting any misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement, including the systematic waiver of patient co-payment or co-insurance;
(17) failed to keep adequate records;
(18) the licensee has had a license to practice dentistry revoked, suspended or limited, has been censured or has had other disciplinary action taken, has had an application for license denied, or voluntarily surrendered the license after formal proceedings have been commenced by the proper licensing authority or another state, territory or the District of Columbia or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof;
(19) failed to furnish the board, or its investigators or representatives any information legally requested by the board; or
(20) assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto, as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto;
(B) a copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto; or
(C) a copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.
(b) Whenever it is established, after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act, that a licensee is in any of the circumstances or has committed any of the acts described in subsection (a), the Kansas dental board may take one or any combination of the following actions with respect to the license of the licensee:
(1) Revoke the license;
(2) suspend the license for such period of time as may be determined by the board;
(3) restrict the right of the licensee to practice by imposing limitations upon dental or dental hygiene procedures which may be performed, categories of dental disease which may be treated or types of patients which may be treated by the dentist or dental hygienist. Such restrictions shall continue for such period of time as may be determined by the board, and the board may require the licensee to provide additional evidence at hearing before lifting such restrictions; or
(4) grant a period of probation during which the imposition of one or more of the actions described in subsections (b)(1) through (b)(3) will be stayed subject to such conditions as may be imposed by the board including a requirement that the dentist or dental hygienist refrain from any course of conduct which may result in further violation of the dental practice act or the dentist or dental hygienist complete additional or remedial instruction. The violation of any provision of the dental practice act or failure to meet any condition imposed by the board as set forth in the order of the board will result in immediate termination of the period of probation and imposition of such other action as has been taken by the board.
(c) As used in this section, "professionally incompetent" means:
(1) One or more instances involving failure to adhere to the applicable standard of dental or dental hygienist care to a degree which constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable standard of dental or dental hygienist care to a degree which constitutes ordinary negligence, as determined by the board; or
(3) a pattern of dental or dental hygienist practice or other behavior which demonstrates a manifest incapacity or incompetence to practice dentistry.
(d) In addition to or in lieu of one or more of the actions described in subsections (b)(1) through (b)(4) or in subsection (c) of K.S.A. 65-1444, and amendments thereto, the board may assess a fine not in excess of $10,000 against a licensee. All fines collected pursuant to this subsection 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 and of the amount so remitted, an amount equal to the board's actual costs related to fine assessment and enforcement under this subsection, as certified by the president of the board to the state treasurer, shall be credited to the dental board fee fund and the balance shall be credited to the state general fund.
(e) The board, upon its own motion or upon the request of any licensee who is a party to a licensure action, may require a physical or mental examination, or both, of such licensee either prior to a hearing to be held as a part of a licensure action or prior to the termination of any period of suspension or the termination of any restrictions imposed upon the licensee as provided in subsection (b).
History: L. 1943, ch. 221, § 20; L. 1972, ch. 231, § 11; L. 1975, ch. 462, § 86; L. 1983, ch. 209, § 6; L. 1984, ch. 230, § 2; L. 1984, ch. 313, § 99; L. 1986, ch. 234, § 1; L. 1996, ch. 85, § 3; L. 1997, ch. 81, § 2; L. 1998, ch. 142, § 9; L. 2001, ch. 5, § 226; L. 2007, ch. 134, § 2; L. 2011, ch. 114, § 95; June 9.
§ 65-1436a Repealed
History: L. 1943, ch. 221, § 20; L. 1972, ch. 231, § 11; L. 1975, ch. 462, § 86; L. 1983, ch. 209, § 6; L. 1984, ch. 230, § 2; L. 1984, ch. 313, § 99; L. 1986, ch. 234, § 1; L. 1996, ch. 85, § 3; L. 1997, ch. 81, § 2; L. 1998, ch. 142, § 9; L. 2001, ch. 5, § 226; L. 2007, ch. 134, § 2; L. 2011, ch. 30, § 237; Repealed, L. 2012, ch. 166, § 24; July 1.
§ 65-1437 Advertising; prohibitions; rules and regulations; "licensee" defined
(a) A person licensed to practice dentistry by the Kansas dental board shall not on such licensee's own behalf, a licensee's partner, associate or any other licensee affiliated with the licensee or the licensee's practice, use or participate in the use of any form of advertising which:
(1) Contains false, fraudulent, misleading or deceptive statements or claims;
(2) represents that the licensee is specially qualified in or limits the practice of the licensee to a branch of dentistry which is a specialty recognized by the Kansas dental board unless the licensee holds a special certificate of qualification within such specialty authorized under K.S.A. 65-1427 and amendments thereto; or
(3) contains statements regarding the professional superiority or the performance of professional services in a superior manner by the licensee or group of licensees, unless each statement can be factually substantiated.
(b) The board may adopt rules and regulations for the administration of this section and may provide as part of such rules and regulations guidelines and examples of conduct allowed and prohibited under this section.
(c) The term "licensee" as used in this section means a person licensed to practice dentistry in this state by the Kansas dental board.
History: L. 1943, ch. 221, § 21; L. 1983, ch. 209, § 7; July 1.
§ 65-1438 Using services of unlicensed person; written prescription; misdemeanors; suspension or revocation of license
(A) Any dentist who shall use the services of any person (which word when used in this section shall include all legal entities) not licensed to practice dentistry in this state, to construct, alter, repair or duplicate any denture, plate, partial plate, bridge, splint, orthodonic or prosthetic appliance, shall first furnish such unlicensed person with a written prescription, on forms prescribed by the board, which shall contain: (1) The name and address of such unlicensed person. (2) The patient's name or number. In event such number is used, the name of the patient shall be written upon the duplicate copy of such prescription retained by the dentist. (3) The date on which it was written. (4) A prescription[description] of the work to be done, with diagrams if necessary. (5) A specification of the type and quality of materials to be used. (6) The signature of the dentist, and the number of his Kansas license. Such unlicensed person shall retain the original prescription and the dentist shall retain a duplicate copy thereof for inspection by the board, or its agent, for two years.
(B) Any dentist who shall: (1) Use any such service of any such licensed[unlicensed] person without first having furnished him such prescription; or (2) fail to retain a duplicate copy thereof for two years; or (3) refuse to allow the board, or its agent, to inspect it during such time, shall be guilty of a misdemeanor, and the board may revoke or suspend his license therefor.
(C) Any such unlicensed person who shall: (1) Perform any such service without first having obtained such prescription; or (2) fail to retain the original thereof for two years; or (3) refuse to allow the board, or its agent, to inspect it during such time shall be guilty of a misdemeanor.
History: L. 1943, ch. 221, § 22; June 28.
§ 65-1439 Unlawful advertising or use of dental services and appliances; misdemeanor; revocation of license
(a) Any person (which word when used in this section shall include all legal entities) who shall advertise in any manner to the general public that he can or will sell, supply, furnish, construct, reproduce or repair prosthetic dentures, bridges, plates or other appliances to be used or worn as substitutes for natural teeth, or for the regulation thereof, shall be guilty of a misdemeanor, and the board may enjoin such person from so doing.
(b) Any person not licensed to practice dentistry in this state who shall sell or offer any such services or products to the general public shall be guilty of a misdemeanor, and the board may enjoin such person from so doing.
(c) The board may revoke the license of any dentist who shall: (1) Advertise such services or dental appliances to the general public in any manner, or (2) use such services or dental appliances of any such unlicensed person who has violated any of the provisions of this or the preceding section.
History: L. 1943, ch. 221, § 23; June 28.
§ 65-1440 Repealed
Revisor's Note: Later act, see 21-3824.
History: L. 1943, ch. 221, § 24; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
§ 65-1441 Sale, offer to sell, procurement or alteration of diploma or license; misdemeanor; fraud or cheating
Whoever sells or offers to sell a diploma conferring a dental degree, or a license granted pursuant to this act, or procures such diploma or license with intent that it be used as evidence of the right to practice dentistry or dental hygiene, as defined by law, by a person other than the one upon whom it was conferred, or to whom such license certificate or renewal certificate was granted, or with fraudulent intent alters such diploma or license certificate or renewal certificate, or uses or attempts to use it when it is so altered, shall be deemed guilty of a misdemeanor. The board may refuse to grant a license to practice dentistry or dental hygiene to any person found guilty of making a false statement, or cheating or of fraud or deception either in applying for a license or in taking any of the examinations provided for under the dental practices act.
History: L. 1943, ch. 221, § 25; L. 2000, ch. 169, § 10; July 1.
§ 65-1442 Board to assist prosecuting officers
The board and its members and officers shall assist prosecuting officers in the enforcement of this act, and it shall be the duty of the board, its members and officers, to furnish the proper prosecuting officer with such evidence as it or they may ascertain to assist him in the prosecution of any violation of this act, and the board is authorized for that purpose to make such reasonable expenditure from the funds in its hands as it may deem necessary in ascertaining and furnishing such evidence.
History: L. 1943, ch. 221, § 26; June 28.
§ 65-1443 Repealed
History: L. 1943, ch. 221, § 27; Repealed, L. 1971, ch. 176, § 22; July 1.
§ 65-1444 Drugs; surgery; anaesthetics; appliances; qualifications for administering intravenous sedation and general anaesthetics; sedation permits; rules and regulations; assistant administering and monitoring nitrous oxide or oxygen, requirements; denial, revocation, suspension or limitation of sedation permit
(a) A dentist shall have the right to prescribe drugs or medicine, perform such surgical operations, administer analgesia, local anaesthetics and use such appliances as may be necessary to the proper practice of dentistry. Dentists may be authorized by the board to administer sedation and general anaesthetics subject to rules and regulations concerning qualifications of such dentists as may be adopted by the board. The board shall have authority to issue sedation permits to administer sedation and general anaesthetics. The board may establish different requirements and qualifications based upon the type of sedation or general anaesthetics the dentist is authorized by the board to use. The board may also establish by rules and regulations the requirement that the authorization to administer sedation and general anaesthetics be periodically renewed and the requirements that must be met to obtain such renewal. Any office of a dentist who is authorized by the board to administer sedation or general anaesthetics shall be subject to inspection by the board for purposes of determining if the dentist is in compliance with the board's rules and regulations.
(b) A dentist may utilize an assistant not licensed by the board in the administration and monitoring of nitrous oxide or oxygen, or both, if that person is certified in cardiopulmonary resuscitation and has satisfactorily completed a course of instruction which has been approved by the board. To be approved by the board, the course of instruction shall include a minimum of six hours of instruction at a teaching institution accredited by the American dental association and include satisfactory completion of courses which offer both didactic and clinical instruction in: (A) Theory of pain control; (B) anatomy; (C) medical history; (D) pharmacology; and (E) emergencies and complications.
(c) The board may deny, revoke, suspend or limit a sedation permit for violation by the permit holder of the requirements established by the board by rules and regulations or in lieu thereof or in addition thereto may assess a fine in accordance with K.S.A. 65-1436, and amendments thereto.
History: L. 1943, ch. 221, § 28; L. 1994, ch. 169, § 2; L. 1997, ch. 30, § 2; L. 2004, ch. 58, § 1; L. 2007, ch. 134, § 1; July 1.
§ 65-1445 Druggists may fill prescriptions
Druggists in this state may fill prescriptions of legally licensed dentists in this state for any drugs necessary for the practice of dentistry.
History: L. 1943, ch. 221, § 29; June 28.
§ 65-1446 Title and letters
Any licensed dentist of this state being a graduate of a reputable dental college recognized by the board shall have the right to use the title "doctor" or abbreviation thereof before his name, or appended to his name the letters "B.D.S.," "M.D.S.," "L.D.S.," "D.D.S.," "D.M.D.," or equivalent letters signifying the dental degree conferred upon him.
History: L. 1943, ch. 221, § 30; June 28.
§ 65-1447 Fees; fixed by board, guidelines and limitations
(a) On or before October 1 of each year, the Kansas dental board shall determine the amount of funds which will be required during the ensuing fiscal year to properly administer the laws which the board is directed to enforce and administer and shall fix fees in accordance with this section in such reasonable sums as may be necessary for such purposes, within the limitations prescribed by subsection (b).
(b) The board shall collect fees provided for in this act as follows:
- Examination fee for dental applicants—not more than $200
- Subsequent examination fee for dental applicants—not more than 100
- Examination fee for specialty qualifications—not more than 200
- Credentials/qualifications fee—not more than 300
- Duplicate certificate fee—not more than 25
- Certificate fee, including certificate for credentials/qualifications, for dentists and dental hygienists—not more than 25
- Biennial license renewal fee for dentists—not more than 325
- Examination fee for dental hygienist applicants—not more than 100
- Subsequent examination fee for dental hygienist applicants—not more than 100
- Biennial license renewal fee for dental hygienists—not more than 160
- Reinstatement of a revoked license—not more than 2,000
- Processing fee for failure to notify of change of address—not more than 100
- Registration fee to operate a mobile dental facility or portable dental operation—not more than 500
- Biennial registration renewal fee for mobile dental facility or portable dental operation—not more than 350
- Sedation permit—not more than 200
(c) The amounts of fees in effect on the day preceding the effective date of this act and the act of which this section is amendatory shall remain in effect until fixed in different amounts by the board under this section. The board may adopt rules and regulations for the proration of fees for a license issued for a period of time less than the biennial licensure period.
History: L. 1943, ch. 221, § 31; L. 1955, ch. 290, § 2; L. 1963, ch. 315, § 2; L. 1974, ch. 251, § 2; L. 1980, ch. 189, § 5; L. 1996, ch. 85, § 4; L. 2000, ch. 169, § 11; L. 2001, ch. 155, § 2; L. 2005, ch. 115, § 1; L. 2007, ch. 134, § 3; July 1.
§ 65-1448 Wartime fee remittance rules
The board by rules shall provide for the remittance of fees otherwise required by this act while a licensee is in the active duty with any of the armed forces of the United States during a state of war.
History: L. 1943, ch. 221, § 32; June 28.
§ 65-1449 Revocation or suspension of license, statement of charges; emergency adjudication; temporary suspension or limitation
(a) Except as provided by subsection (b), no action to revoke or suspend a license shall be taken until the licensee has been furnished a statement in writing of the charges against the licensee, together with a notice of the time and place of the hearing. The statement of charges and notice shall be served upon the licensee in accordance with the provisions of the Kansas administrative procedure act.
(b) If the board determines that there is probable cause to revoke or suspend the license of a dentist or dental hygienist for any reason that exists pursuant to K.S.A. 65-1436, and amendments thereto, and if the licensee's continued practice would constitute an imminent danger to public health and safety, the board may initiate administrative proceedings for an emergency adjudication under the provisions of the Kansas administrative procedure act.
In no case shall a temporary suspension or temporary limitation of a license under this section be in effect for more than 90 days. At the end of such period of time, the licensee shall be reinstated to full licensure unless the board has revoked or suspended the license of the licensee after notice and hearing, provided in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1943, ch. 221, § 33; L. 1981, ch. 246, § 2; L. 1984, ch. 313, § 100; July 1, 1985.
§ 65-1450 Repealed
History: L. 1943, ch. 221, § 34; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-1451 Injunctions
When it appears to the board that any person is violating any of the provisions of this act, the board may in its own name bring an action in a court of competent jurisdiction for an injunction. Any such action shall be taken in accordance with the provisions of the Kansas judicial review act.
History: L. 1943, ch. 221, § 35; L. 1984, ch. 313, § 101; L. 2010, ch. 17, § 130; July 1.
§ 65-1452 Subpoenas and testimony
In all matters pending before it, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books and records, documentary evidence and materials. Any person failing or refusing to appear or testify regarding any matter about which such person may be lawfully questioned or to produce any papers, books, records, documentary evidence or materials in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so may, upon application to any district judge of the state of Kansas be ordered to comply therewith, and upon failure to comply with the order of district judge, the court may compel obedience by attachment as for contempt as in case of disobedience of a similar order or subpoena issued by said court. A subpoena may be served upon any person named therein, anywhere within the state of Kansas with the same fees and mileage by any officer authorized to serve subpoenas in civil actions, in the same manner as is prescribed by the code of civil procedure for subpoenas issued out of the district courts of this state.
History: L. 1943, ch. 221, § 36; L. 1984, ch. 313, § 102; July 1, 1985.
§ 65-1453 Taking of depositions
Depositions may be taken within or without the state of Kansas in the manner provided for by the code of civil procedure for the taking of depositions in matters pending in the district courts of this state. Said depositions shall be returnable to the clerk of the district court of the county wherein said hearing before the board is pending, and said clerk shall deliver said depositions to the board upon request, and said depositions may be opened by the parties to said proceedings the same as is provided for in matters pending before the district courts. The district court shall, upon request of any interested party in any proceeding before the state board, issue commissions for the taking of depositions in the same manner as is provided for the issuance of commissions for the taking of depositions in matters pending before the district courts of this state.
History: L. 1943, ch. 221, § 37; June 28.
§ 65-1454 Witnesses; incriminating testimony compelled; exempt from prosecution
No person shall be excused from testifying in any proceeding before the board under this act, or in any civil proceeding under this act before a court of competent jurisdiction, on the ground that his testimony may incriminate him, but any person shall not be prosecuted on account of any transaction or matter or thing concerning which he shall be compelled to testify, nor shall such testimony be used against him in any prosecution for any crime under the laws of this state.
History: L. 1943, ch. 221, § 38; June 28.
§ 65-1455 Licensing of dental hygienists; examination, fee; license fee; temporary license; qualifications; display of license; approval of schools of dental hygiene, criteria; unlawful practice of dental hygiene, penalties
(a) No person shall practice as a dental hygienist in this state until such person has passed an examination by the board under such rules and regulations as the board may adopt. The board shall accept clinical board examination results for graduates of dental hygiene schools approved by the board from all nationally recognized regional dental hygiene clinical testing agencies and from individual state dental hygiene licensure authorities. The fee for such examination shall be fixed by the board pursuant to K.S.A. 65-1447, and amendments thereto. A license fee shall be paid to the board in the amount fixed by the board pursuant to K.S.A. 65-1447, and amendments thereto.
(b) Any graduate of an accredited dental hygiene school, dental college or dental department of a college or university who: (1) Has a R.D.H. (registered dental hygienist) or L.D.H. (licensed dental hygienist) and is otherwise qualified; (2) is not licensed to practice as a dental hygienist in Kansas; and (3) holds a license to practice in the state from which they are applying, upon application, may be issued a temporary license of not more than 14 days to provide dental hygienist services under subsection (f)(4) of K.S.A. 75-6102, and amendments thereto.
(c) The board shall issue licenses as dental hygienists to those who have passed the examination in a manner satisfactory to the board. Each license shall be posted and displayed in the office in which the hygienist is employed, but no person shall be entitled to such license unless such person is more than 18 years of age, of good moral character and a graduate of a school approved by the board for dental hygienists. The board shall approve only those dental hygiene schools which require the study of dental hygiene and which the board determines have standards of education not less than that required for accreditation by the commission on dental accreditation of the American dental association or its equivalent.
(d) The board shall adopt rules and regulations establishing the criteria which a school for dental hygienists shall satisfy in meeting the standards of education established under subsection (b). The board may send a questionnaire developed by the board to any school for dental hygienists for which the board does not have sufficient information to determine whether the school meets the requirements of subsection (b) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
(e) Any person practicing dental hygiene in violation of the provisions of this act shall be guilty of a misdemeanor, and the board may revoke or suspend such person's license therefor.
History: L. 1943, ch. 221, § 39; L. 1953, ch. 289, § 3; L. 1955, ch. 290, § 4; L. 1972, ch. 161, § 16; L. 1980, ch. 189, § 6; L. 1988, ch. 243, § 5; L. 1988, ch. 247, § 2; L. 1988, ch. 245, § 1; L. 1999, ch. 11, § 2; L. 2000, ch. 169, § 12; L. 2003, ch. 82, § 2; July 1.
§ 65-1456 Dental hygienists; suspension or revocation of licenses, when; notice and hearing; practice of dental hygiene defined; rules and regulations; supervision defined; where performance of practice authorized, issuance of permits therefor; authorized activities, requirements; "dentally underserved" defined
(a) The board may suspend or revoke the license of any dentist who shall permit any dental hygienist operating under such dentist's supervision to perform any operation other than that permitted under the provisions of article 14 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and may suspend or revoke the license of any hygienist found guilty of performing any operation other than those permitted under article 14 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. No license of any dentist or dental hygienist shall be suspended or revoked in any administrative proceedings without first complying with the notice and hearing requirements of the Kansas administrative procedure act.
(b) The practice of dental hygiene shall include those educational, preventive, and therapeutic procedures which result in the removal of extraneous deposits, stains and debris from the teeth and the rendering of smooth surfaces of the teeth to the depths of the gingival sulci. Included among those educational, preventive and therapeutic procedures are the instruction of the patient as to daily personal care, protecting the teeth from dental caries, the scaling and polishing of the crown surfaces and the planing of the root surfaces, in addition to the curettage of those soft tissues lining the free gingiva to the depth of the gingival sulcus and such additional educational, preventive and therapeutic procedures as the board may establish by rules and regulations.
(c) Subject to such prohibitions, limitations and conditions as the board may prescribe by rules and regulations, any licensed dental hygienist may practice dental hygiene and may also perform such dental service as may be performed by a dental assistant under the provisions of K.S.A. 65-1423, and amendments thereto.
(d) Except as otherwise provided in this section, the practice of dental hygiene shall be performed under the direct or general supervision of a licensed dentist at the office of such licensed dentist. The board shall designate by rules and regulations the procedures which may be performed by a dental hygienist under direct supervision and the procedures which may be performed under general supervision of a licensed dentist. As used in this section: (1) "Direct supervision" means that the dentist is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure and before dismissal of the patient evaluates the performance; and (2) "general supervision" means a Kansas licensed dentist may delegate verbally or by written authorization the performance of a service, task or procedure to a licensed dental hygienist under the supervision and responsibility of the dentist, if the dental hygienist is licensed to perform the function, and the supervising dentist examines the patient at the time the dental hygiene procedure is performed, or during the 12 calendar months preceding the performance of the procedure, except that the licensed hygienist shall not be permitted to diagnose a dental disease or ailment, prescribe any treatment or a regimen thereof, prescribe, order or dispense medication or perform any procedure which is irreversible or which involves the intentional cutting of the soft or hard tissue by any means. A dentist is not required to be on the premises at the time a hygienist performs a function delegated under part (2) of this subsection.
(e) The practice of dental hygiene may be performed at an adult care home, hospital long-term care unit, state institution, local health department or indigent health care clinic on a resident of a facility, client or patient thereof so long as:
(1) A licensed dentist has delegated the performance of the service, task or procedure;
(2) the dental hygienist is under the supervision and responsibility of the dentist;
(3) either the supervising dentist is personally present or the services, tasks and procedures are limited to the cleaning of teeth, education and preventive care; and
(4) the supervising dentist examines the patient at the time the dental hygiene procedure is performed or has examined the patient during the 12 calendar months preceding performance of the procedure.
(f) The practice of dental hygiene may be performed with consent of the parent or legal guardian, on children participating in residential and nonresidential centers for therapeutic services, on all children in families which are receiving family preservation services, on all children in the custody of the secretary for children and families or the commissioner of juvenile justice authority and in an out-of-home placement residing in foster care homes, on children being served by runaway youth programs and homeless shelters; and on children birth to five and children in public and nonpublic schools kindergarten through grade 12 regardless of the time of year and children participating in youth organizations, so long as such children who are dentally underserved are targeted; at any state correctional institution, local health department or indigent health care clinic, as defined in K.S.A. 65-1466, and amendments thereto, and at any federally qualified health center, federally qualified health center look-alike or a community health center that receives funding from section 330 of the health center consolidation act, on a person, inmate, client or patient thereof and on other persons as may be defined by the board; so long as:
(1) The dental hygienist has received an "extended care permit I" from the Kansas dental board specifying that the dental hygienist has performed 1,200 hours of dental hygiene care within the past three years or has been an instructor at an accredited dental hygiene program for two academic years within the past three years;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state of Kansas, including a signed agreement stating that the dentist shall monitor the dental hygienist's activities, except such dentist shall not monitor more than five dental hygienists with an extended care permit;
(4) the tasks and procedures are limited to: (A) Removal of extraneous deposits, stains and debris from the teeth and the rendering of smooth surfaces of the teeth to the depths of the gingival sulci; (B) the application of topical anesthetic if the dental hygienist has completed the required course of instruction approved by the dental board; (C) the application of fluoride; (D) dental hygiene instruction; (E) assessment of the patient's apparent need for further evaluation by a dentist to diagnose the presence of dental caries and other abnormalities; and (F) other duties as may be delegated verbally or in writing by the sponsoring dentists consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that the services are preventive in nature and do not constitute a comprehensive dental diagnosis and care;
(6) the dental hygienist provides a copy of the findings and the report of treatment to the sponsoring dentist and any other dental or medical supervisor at a participating organization found in this subsection; and
(7) any payment to the dental hygienist for dental hygiene services is received from the sponsoring dentist or the participating organization found in this subsection.
(g) The practice of dental hygiene may be performed on persons with developmental disabilities and on persons who are 65 years and older who live in a residential center, an adult care home, subsidized housing, hospital long-term care unit, state institution or are served in a community senior service center, elderly nutrition program or at the home of a homebound person who qualifies for the federal home and community based service (HCBS) waiver on a resident of a facility, client or patient thereof so long as:
(1) The dental hygienist has received an "extended care permit II" from the Kansas dental board specifying that the dental hygienist has: (A) Performed 1,600 hours of dental hygiene care or has been an instructor at an accredited dental hygiene program for two academic years within the past three years; and (B) completed six hours of training on the care of special needs patients or other training as may be accepted by the board;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state of Kansas, including a signed agreement stating that the dentist shall monitor the dental hygienist's activities, except such dentist shall not monitor more than five dental hygienists with an extended care permit II;
(4) the tasks and procedures are limited to: (A) Removal of extraneous deposits, stains and debris from the teeth and the rendering of smooth surfaces of the teeth to the depths of the gingival sulci; (B) the application of topical anesthetic if the dental hygienist has completed the required course of instruction approved by the dental board; (C) the application of fluoride; (D) dental hygiene instruction; (E) assessment of the patient's apparent need for further evaluation by a dentist to diagnose the presence of dental caries and other abnormalities; and (F) other duties as may be delegated verbally or in writing by the sponsoring dentist consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that the services are preventive in nature and do not constitute comprehensive dental diagnosis and care;
(6) the dental hygienist provides a copy of the findings and the report of treatment to the sponsoring dentist and any other dental or medical supervisor at a participating organization found in this subsection;
(7) any payment to the dental hygienist for dental hygiene services is received from the sponsoring dentist or the participating organization found in this subsection; and
(8) the dental hygienist completes a minimum of three hours of education in the area of special needs care within the board's continuing dental education requirements for relicensure.
(h) The expanded practice of dental hygiene may be performed with consent of the parent or legal guardian, on children participating in residential and nonresidential centers for therapeutic services, on all children in families which are receiving family preservation services, on all children in the custody of the secretary for children and families or the commissioner of juvenile justice authority and in an out-of-home placement residing in foster care homes, on children being served by runaway youth programs and homeless shelters; and on children birth to five and children in public and nonpublic schools kindergarten through grade 12 regardless of the time of year and children participating in youth organizations, so long as such children who are dentally underserved are targeted; at any state correctional institution, local health department or indigent health care clinic, as defined in K.S.A. 65-1466, and amendments thereto, and at any federally qualified health center, federally qualified health center look-alike or a community health center that receives funding from section 330 of the health center consolidation act, on a person, inmate, client or patient; on persons with developmental disabilities and on persons who are 65 years and older who live in a residential center, an adult care home, subsidized housing, hospital long-term care unit, state institution or are served in a community senior service center, elderly nutrition program or at the home of a homebound person who qualifies for the federal home and community based service (HCBS) waiver on a resident of a facility, client or patient thereof so long as:
(1) The dental hygienist has received an "extended care permit III" from the Kansas dental board specifying that the dental hygienist has: (A) Performed 2,000 hours of dental hygiene care or has been an instructor at an accredited dental hygiene program for three academic years within the past four years; and (B) completed a course of study of 18 seat hours approved by the board which includes, but is not limited to, emergency dental care techniques, the preparation and placement of temporary restorations, the adjustment of dental prostheses and appropriate pharmacology;
(2) the dental hygienist shows proof of professional liability insurance;
(3) the dental hygienist is sponsored by a dentist licensed in the state of Kansas, including a signed agreement stating that the dentist shall monitor the dental hygienist's activities, except such dentist shall not monitor more than five dental hygienists with an extended care permit III;
(4) the tasks and procedures are limited to: (A) Removal of extraneous deposits, stains and debris from the teeth and the rendering of smooth surfaces of the teeth to the depths of the gingival sulci; (B) the application of topical anesthetic if the dental hygienist has completed the required course of instruction approved by the dental board; (C) the application of fluoride; (D) dental hygiene instruction; (E) assessment of the patient's apparent need for further evaluation by a dentist to diagnose the presence of dental caries and other abnormalities; (F) identification and removal of decay using hand instrumentation and placing a temporary filling, including glass ionomer and other palliative materials; (G) adjustment of dentures, placing soft reline in dentures, checking partial dentures for sore spots and placing permanent identification labeling in dentures; (H) smoothing of a sharp tooth with a slow speed dental handpiece; (I) use of local anesthetic, including topical, infiltration and block anesthesia, when appropriate to assist with procedures where medical services are available in a nursing home, health clinic or any other settings if the dental hygienist has completed a course on local anesthesia and nitrous oxide as required in this act; (J) extraction of deciduous teeth that are partially exfoliated with class 4 mobility; and (K) other duties as may be delegated verbally or in writing by the sponsoring dentist consistent with this act;
(5) the dental hygienist advises the patient and legal guardian that the services are palliative or preventive in nature and do not constitute comprehensive dental diagnosis and care;
(6) the dental hygienist provides a copy of the findings and the report of treatment to the sponsoring dentist and any other dental or medical supervisor at a participating organization found in this subsection;
(7) the dental hygienist notifies the patient or the patient's parent or legal guardian of such patient's need for treatment by a dentist, when the dental hygienist finds an apparent need for evaluation to diagnose the presence of dental caries and other abnormalities;
(8) any payment to the dental hygienist for dental hygiene services is received from the sponsoring dentist or the participating organization found in this subsection; and
(9) the dental hygienist completes a minimum of three hours of education related to the expanded scope of dental hygiene practice in subsection (h)(4) of this act within the board's continuing dental education requirements for relicensure.
(i) In addition to the duties specifically mentioned in subsection (b) any duly licensed dental hygienist may:
(1) Give fluoride treatments as a prophylactic measure, as defined by the United States public health service and as recommended for use in dentistry;
(2) remove overhanging restoration margins and periodontal surgery materials by hand scaling instruments; and
(3) administer local block and infiltration anaesthesia and nitrous oxide. (A) The administration of local anaesthesia shall be performed under the direct supervision of a licensed dentist except that topically applied local anaesthesia, as defined by the board, may be administered under the general supervision of a licensed dentist. (B) Each dental hygienist who administers local anaesthesia regardless of the type shall have completed courses of instruction in local anaesthesia and nitrous oxide which have been approved by the board.
(j) (1) The courses of instruction required in subsection (i)(3)(B) shall provide a minimum of 12 hours of instruction at a teaching institution accredited by the American dental association.
(2) The courses of instruction shall include courses which provide both didactic and clinical instruction in: (A) Theory of pain control; (B) anatomy; (C) medical history; (D) pharmacology; and (E) emergencies and complications.
(3) Certification in cardiac pulmonary resuscitation shall be required in all cases.
(k) The board is authorized to issue to a qualified dental hygienist an extended care permit I or extended care permit II, or extended care permit III as provided in subsections (f), (g) and (h) of this section.
(l) Nothing in this section shall be construed to prevent a dental hygienist from providing dental hygiene instruction or visual oral health care screenings or fluoride applications in a school or community based setting regardless of the age of the patient.
(m) As used in this section, "dentally underserved" means a person who lacks resources to pay for medically necessary health care services and who meets the eligibility criteria for qualification as a medically indigent person established by the secretary of health and environment under K.S.A. 75-6120, and amendments thereto.
History: L. 1943, ch. 221, § 40; L. 1976, ch. 269, § 1; L. 1984, ch. 313, § 103; L. 1996, ch. 210, § 4; L. 1997, ch. 30, § 3; L. 1998, ch. 141, § 2; L. 2000, ch. 169, § 13; L. 2001, ch. 155, § 3; L. 2003, ch. 125, § 1; L. 2007, ch. 134, § 4; L. 2012, ch. 109, § 2; L. 2014, ch. 115, § 255; July 1.
§ 65-1456a Retired, disabled and inactive dental hygienists; qualifications for extended care permit
A dental hygienist who meets the requirements of subsections (f)(1) or (g)(1)(A) of K.S.A. 65-1456, and amendments thereto, prior to a period of retirement or disability, but not within the past three years, and is returning to active practice after such period of retirement or disability under K.S.A. 65-1431(i), and amendments thereto, or who has retained a license to practice but has not practiced in the past three or more years may qualify for an extended care permit by completing a refresher course approved by the board under K.A.R. 71-3-8 or performing 200 hours of dental hygiene care within the last 12 months under the supervision of dentists licensed in the state of Kansas and provides the board with a letter of endorsement from one of the supervising dentists.
History: L. 2007, ch. 134, § 5; July 1.
§ 65-1457 Licensure required to practice dental hygiene
It shall be the duty of all licensed dental hygienists who engage in the practice of dental hygiene to be licensed. Except as otherwise provided under the dental practices act, the form, method and all provisions relating to the renewal of licenses of dentists shall apply to the renewal of licenses of dental hygienists.
History: L. 1943, ch. 221, § 41; L. 2000, ch. 169, § 14; July 1.
§ 65-1458 Dentists and dental hygienists; revocation or suspension of licenses; hearing; review
The board shall revoke or suspend the license of any licensed dental hygienist who is found guilty of using or attempting to use in any manner whatsoever any prophylactic lists, call lists, records, reprints or copies of same, or information gathered therefrom, of the names or patients whom the hygienist might have served in the office of a prior employer, unless such names appear upon the bona fide call or prophylactic list of the hygienist's present employer and were caused to so appear through the legitimate practice of dentistry as provided for in this act. The board shall also suspend or revoke the license of any licensed dentist who is found guilty of aiding or abetting or encouraging a dental hygienist employed by such dentist to make use of a so-called prophylactic call list, or the calling by telephone or by use of written letters transmitted through the mails to solicit patronage from patients formerly served in the office of any dentist formerly employing such hygienist. No order of suspension or revocation provided in this section shall be made or entered except after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act. Any final order of suspension or revocation of a license shall be reviewable in accordance with the Kansas judicial review act.
History: L. 1943, ch. 221, § 42; L. 1984, ch. 313, § 104; L. 2000, ch. 169, § 15; L. 2010, ch. 17, § 131; July 1.
§ 65-1459 Dental interns; rules and regulations; revocation of permits
(a) The board shall have authority, upon presentation of satisfactory credentials and under such rules and regulations as the board may prescribe, to issue a permit to a graduate of an approved dental school or college who has not been licensed to practice dentistry in this state, and who has not failed to pass an examination for licensure in this state, to serve as a dental intern for a period of not more than one year in state maintained and operated hospitals, or the department of health and environment of the state of Kansas that may offer such a position if such hospitals maintain a recognized resident staff of one or more licensed dentists. Such intern shall function under the supervision and direction of the dental staff of such hospitals, the intern's work shall be limited to the patients confined to the hospital in which such intern serves, and such intern shall serve without fee or compensation other than that received in salary or other remuneration from such hospitals.
(b) The board shall have the power to revoke the permit of any such intern at any time within the year for which it is issued upon the recommendation of such procedure by the executive officer of the resident dental staff of the hospital in which such intern serves or for any other reason which the board may deem justifiable. Such limited permits granted for the purpose of internships shall automatically expire at the end of one year and shall not be subject to renewal.
History: L. 1943, ch. 221, § 43; L. 1975, ch. 462, § 87; L. 2000, ch. 169, § 16; July 1.
§ 65-1460 Penalties for violations
Any person who shall practice dentistry or dental hygiene in this state within the meaning of this act without having first obtained a license from the board, or who violates any of the provisions of this act, the penalty for which is not herein specifically provided, shall be deemed guilty of a misdemeanor. Anyone convicted of a misdemeanor under this act shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than twelve months, or by both such fine and imprisonment, in the discretion of the court.
History: L. 1943, ch. 221, § 44; June 28.
§ 65-1461 Invalidity of part
If any clause, section, phrase or word of this act be declared unconstitutional or invalid for any reason by any court of competent jurisdiction, the remaining portion or portions of this act shall be and remain in full force and as valid as if such clause, section, phrase or word had not been incorporated therein.
History: L. 1943, ch. 221, § 45; June 28.
§ 65-1462 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions
(a) No person reporting to the Kansas dental board under oath and in good faith any information such person may have relating to alleged incidents of malpractice or the qualifications, fitness or character of a person licensed to practice dentistry 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 dentists or licensed dental hygienists, 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 any licensee to the Kansas dental board or to any committee or agent thereof, shall be immune from liability in any civil action, that is based upon such investigation or transmittal of information if the investigation and communication was made in good faith and did not represent as true any matter not reasonably believed to be true.
History: L. 1976, ch. 261, § 3; L. 1998, ch. 141, § 6; July 1.
§ 65-1463 Repealed
History: L. 1982, ch. 253, § 1; Repealed, L. 1996, ch. 85, § 6; July 1.
§ 65-1464 Citation of dental practices act
The acts contained in article 14 of chapter 65 and article 14 of chapter 74 of the Kansas Statutes Annotated and any acts amendatory thereof or made specifically supplemental thereto shall be construed together and may be cited as the dental practices act.
History: L. 1983, ch. 209, § 8; July 1.
§ 65-1465 Denture or dental prosthesis to be marked with name or social security number, or both, of patient
(a) Every complete upper and lower denture or removable dental prosthesis fabricated by a practitioner of dentistry or fabricated pursuant to such practitioner's work order, shall be marked with the name or social security number, or both, of the patient for whom the prosthesis is intended. The markings shall be done during fabrication and shall be permanent, legible and cosmetically acceptable. The exact location of the markings and method used to apply or implant the markings shall be determined by the dentist or dental laboratory fabricating the prosthesis. If in the professional judgment of the dentist, this full identification is not possible, the name or social security number may be omitted.
(b) Any removable dental prosthesis in existence prior to the effective date of this act, which was not marked in accordance with subsection (a), shall be so marked at the time of any subsequent rebasing or duplication.
History: L. 1983, ch. 203, § 1; July 1.
§ 65-1466 Dental services for dentally indigent persons; entities authorized to employ or contract with persons licensed under dental practices act for such services; reports by federally qualified health centers and clinics employing a national health service corps dentist; requirements for retired dentists providing such dental services
(a) (1) Notwithstanding any other provision of the dental practices act, a not-for-profit corporation having the status of an organization under 26 United States Code Annotated 501(c)(3) which is also a facility qualified under subsection (b) of K.S.A. 65-431 and amendments thereto to select and employ professional personnel, an indigent health care clinic as defined by the rules and regulations of the secretary of health and environment, or a local health department may employ or otherwise contract with a person licensed under the dental practices act to provide dental services to dentally indigent persons.
(2) Notwithstanding any other provision of the dental practices act, a federally qualified health center or national health service corps site may employ or otherwise contract with a person licensed under the dental practices act to provide services to any person except that a federally qualified health center and a clinic employing a national health service corps dentist shall report annually to the health care reform legislative oversight committee indicating the income level of their patients and the percentage of patients covered by dental insurance in the preceding year.
(b) Dentally indigent persons are those persons who are: (1) Determined to be a member of a family unit earning at or below 200% of poverty income guidelines based on the annual update of "poverty income guidelines" published in the federal register by the United States department of health and human services and are not indemnified against costs arising from dental care by a policy of accident and sickness insurance or an employee health benefits plan; or (2) eligible for medicaid; or (3) eligible for the Kansas federal children's health insurance program; or (4) eligible for other publicly funded health care programs as defined by the Kansas dental board; or (5) qualified for Indian health services. This subsection shall not be construed to prohibit an entity under subsection (a) which enters into an arrangement with a licensee under the dental practices act for purposes of providing services to dentally indigent persons pursuant to subsection (a) from defining "dentally indigent persons" more restrictively than such term is defined under this subsection.
(c) A licensee under the dental practices act who enters into an arrangement with an entity under subsection (a) to provide dental services pursuant to subsection (a): (1) Shall not be subject to having the licensee's license suspended or revoked by the board solely as a result of such arrangement; and (2) may not permit another person who is not licensed in Kansas as a dentist, and is not otherwise competent, to engage in the clinical practice of dentistry. No entity under subsection (a) or any other person may direct or interfere or attempt to direct or interfere with a licensed dentist's professional judgment and competent practice of dentistry.
(d) A dentist who is classified as "retired" by the Kansas dental board is not required to pay the biennial renewal fee or comply with the dental continuing education requirements if the dentist elects to provide dental services to the indigent through one of the entities specified in subsection (a). A "retired" dentist providing such services shall be required to comply with the renewal requirements of the Kansas dental board.
(e) The Kansas dental board may adopt rules and regulations as necessary to carry out the provisions of this section, except that no such rule and regulation shall alter or affect the intent of paragraph (2) of subsection (a).
(f) This section shall be part of and supplemental to the dental practices act.
History: L. 1996, ch. 210, § 1; L. 1998, ch. 141, § 4; L. 2000, ch. 169, § 17; July 1.
§ 65-1467 Dental board complaints and related information confidential, limited disclosure authorized
(a) Any complaint or report, record or other information relating to a complaint which is received, obtained or maintained by the Kansas dental 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;
(3) to a state or federal licensing, regulatory or enforcement agency with jurisdiction over the subject or 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. Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be redisclosed by the receiving agency except as otherwise authorized by law.
(b) This section shall be part of and supplemental to the Kansas dental practices act.
History: L. 1997, ch. 81, § 1; July 1.
§ 65-1468 Professional liability insurance required to practice dentistry
(a) A policy of professional liability insurance issued by an insurer duly authorized to transact business in this state shall be maintained in effect by each licensed dentist actively practicing in this state as a condition to rendering professional services as a dentist in this state, except that a dentist shall not be required to maintain professional liability insurance if such person's dental practice is limited to providing dental services under subsection (f) of K.S.A. 75-6102, and amendments thereto.
(b) This section shall be part of and supplemental to the dental practices act.
History: L. 2004, ch. 58, § 2; July 1, 2005.
§ 65-1469 Mobile dental facility or portable dental operation; registration; application of section
As used in this section:
(a) "Mobile dental facility or portable dental operation" means either of the following:
(1) Any self-contained facility in which dentistry will be practiced, which may be moved, towed or transported from one location to another.
(2) Any nonfacility in which dental equipment, utilized in the practice of dentistry, is transported to and utilized on a temporary basis at an out-of-office location, including, but not limited to: (A) Other dentists' offices; (B) patients' homes; (C) schools; (D) nursing homes; or (E) other institutions.
(b) (1) No person shall operate a mobile dental facility or portable dental operation in this state unless registered in accordance with this section.
(2) In order to operate a mobile dental facility or portable dental operation, the operator shall be a person or entity that is authorized to own a dental practice under Kansas law and possess a current registration issued by the board.
(3) To become registered, the operator shall:
(A) Complete an application in the form and manner required by the board; and
(B) pay a registration fee in the amount established by the board pursuant to K.S.A. 65-1447, and amendments thereto.
(c) (1) The registration under this section shall be renewed on March 1 of even-numbered years in the form and manner provided by the board by rules and regulations.
(2) The registrant shall pay a registration renewal fee in the amount fixed by the board under K.S.A. 65-1447, and amendments thereto.
(d) The board shall adopt rules and regulations as necessary to carry out the provisions of this act. The rules and regulations shall include, but not be limited to, requirements relating to the official address and telephone number of the mobile dental facility or portable dental operation, the proper maintenance of dental records, procedures for emergency follow-up care for patients, appropriate communications facilities, appropriate authorizations for treatment by dental patients, follow-up treatment and services, personnel and address changes, notice to be provided on cessation of operation and such other matters as the board deems necessary to protect the public health and welfare.
(e) The board may refuse to issue a registration under this section or may revoke or suspend a registration upon a finding by the board that an applicant or person registered under this section has failed to comply with any provision of the section or any rules and regulations adopted pursuant to this section. No order refusing to issue a registration or order of suspension or revocation shall be made or entered except after notice and opportunity for hearing in accordance with the provisions of the Kansas administrative procedure act. Any final order of suspension or revocation of a license shall be reviewable in accordance with the Kansas judicial review act.
(f) (1) This section applies to each operator of a mobile dental facility or portable dental operation that provides dental services except those specifically exempted by subsection (2).
(2) This section shall not apply to:
(A) Dentists providing dental services for federal, state and local governmental agencies;
(B) dentists licensed to practice in Kansas providing emergency treatment for their patients of record;
(C) dentists who are not employed by or independently contracting with a mobile dental facility or portable dental operation who provide nonemergency treatment for their patients of record outside the dentist's physically stationary office fewer than 30 days per calendar year;
(D) dental hygienists who are providing dental hygiene services as authorized by the Kansas dental act and the board's rules and regulations;
(E) a dentist who is providing dental services as a charitable health care provider under K.S.A. 75-6102, and amendments thereto;
(F) a dental hygienist who is providing dental hygiene services as a charitable health care provider under K.S.A. 75-6102, and amendments thereto; and
(G) a not-for-profit organization providing dental services.
(g) This section shall be part of and supplemental to the dental practices act.
History: L. 2005, ch. 115, § 2; L. 2010, ch. 17, § 132; July 1.
§ 65-1470 Dental office administrative service agreements; registration requirements
(a) Any person who is not licensed as a dentist under the dental practices act, or any entity that is not a professional corporation or limited liability company composed of dentists which enter into an agreement with a dentist to provide dental office administrative services shall register with the Kansas dental board.
(b) (1) The registration shall include the company name, contact information and responsible person of such person or entity along with the address and licensed dentist practice owner names for which administrative services are being provided.
(2) Any person or entity registered under this section shall provide updated information to the Kansas dental board within 30 days of any changes to the information provided in paragraph (1). Any person or entity required to register pursuant to this section shall have 30 days from the execution of any contract or agreement with a dentist or professional corporation or limited liability company to complete the registration.
(c) Any such person or entity required to register pursuant to this section operating under a contract or agreement executed prior to the effective date of this section shall be subject to the provisions of this section and shall have 30 days from the effective date of this section to complete the registration. A copy of all contracts or agreements providing for dental office administrative services shall be maintained by the registered dental office administrative services company and shall be subject to inspection during regular business hours at any time by the Kansas dental board.
History: L. 2011, ch. 114, § 96; June 9.
§ 65-1471 Dental services agreements; limitations
(a) As used in this section, "licensed dentist" means a dentist licensed under the dental practices act.
(b) No person who is a licensed dentist or any entity that is not a professional corporation or limited liability company owned by a licensed dentist shall enter into or continue to maintain a contract or agreement with a licensed dentist in which such contract or agreement allows or provides for the following functions to be controlled by any person or entity other than a licensed dentist pursuant to this section:
(1) Providing dental treatment to patients;
(2) the decision to accept individual patients for treatment;
(3) the direction or delegation of all professional dental services;
(4) the ownership of dental charts or patient records;
(5) except as provided in subsection (d), the ownership of dental equipment or dental materials; and
(6) the supervision of clinical dental staff.
(c) It shall not be a violation of this section for a person or entity to act on behalf of a licensed dentist to perform or arrange for others to perform office administrative services including, but not limited to:
(1) Purchasing, billing or tax preparation;
(2) compliance or quality assurance programs;
(3) legal advice or representation; and
(4) payroll, advertising, training, recruiting, recordkeeping, programming or other similar functions under the direction or with the consent or approval of a licensed dentist or professional corporation or limited liability company owned by a licensed dentist.
(d) Nothing in this section shall prohibit a licensed dentist, professional corporation or limited liability company owned by a licensed dentist from entering into real estate lease, equipment lease or lease purchase agreement or bona fide sale of dental equipment or material secured by a chattel mortgage or retain title agreements with equipment manufacturers, landlords, lending institutions, leasing companies, dental franchisors or persons or entities providing dental office administrative services or similar commercial financing transactions.
(e) No contract or provision in any such agreement shall require either party to indemnify the other party for negligence, intentional acts or omissions that constitute a violation of K.S.A. 65-1422 et seq., and amendments thereto.
History: L. 2011, ch. 114, § 97; June 9.
§ 65-1472 Special volunteer dental license established; requirements
(a) There is established a special volunteer dental license for dentists who are retired from active practice and wish to donate their expertise for the dental care and treatment of indigent and underserved persons of the state. The special volunteer dental license shall be:
(1) Issued by the Kansas dental board to eligible dentists;
(2) issued without the payment of an application fee, license fee or renewal fee;
(3) issued or renewed without any continuing education requirements;
(4) issued for a fiscal year or part thereof; and
(5) renewable annually upon approval of the board.
(b) A dentist shall meet the following requirements to be eligible for a special volunteer dental license:
(1) Completion of a special volunteer dental license application, including documentation of the dentist's dental school graduation and practice history;
(2) documentation that the dentist has been previously issued a full and unrestricted license to practice dentistry in Kansas or in another state of the United States and that the dentist has never been the subject of any disciplinary action in any jurisdiction;
(3) acknowledgment and documentation that the dentist's practice under the special volunteer dental license will be exclusively and totally devoted to providing dental care to underserved and indigent persons in Kansas; and
(4) acknowledgment and documentation that the dentist will not receive or have the expectation to receive any payment or compensation, either direct or indirect, for any dental services rendered under the special volunteer dental license.
(c) The provisions of this section shall become effective on and after July 1, 2012.
History: L. 2012, ch. 109, § 4; July 1.
§ 65-1473 Dentist and dental hygenist compact
This section shall be known and may be cited as the dentist and dental hygienist compact.
SECTION 1—TITLE AND PURPOSE
The purposes of this compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing dentists and dental hygienists licensed in a participating state the ability to practice in participating states in which they are not licensed. The compact does this by establishing a pathway for a dentists and dental hygienists licensed in a participating state to obtain a compact privilege that authorizes them to practice in another participating state in which they are not licensed. The compact enables participating states to protect the public health and safety with respect to the practice of such dentists and dental hygienists, through the state's authority to regulate the practice of dentistry and dental hygiene in the state. The compact:
(a) Enables dentists and dental hygienists who qualify for a compact privilege to practice in other participating states without satisfying burdensome and duplicative requirements associated with securing a license to practice in those states;
(b) promotes mobility and addresses workforce shortages through each participating state's acceptance of a compact privilege to practice in that state;
(c) increases public access to qualified, licensed dentists and dental hygienists by creating a responsible, streamlined pathway for licensees to practice in participating states;
(d) enhances the ability of participating states to protect the public's health and safety;
(e) does not interfere with licensure requirements established by a participating state;
(f) facilitates the sharing of licensure and disciplinary information among participating states;
(g) requires dentists and dental hygienists who practice in a participating state pursuant to a compact privilege to practice within the scope of practice authorized in that state;
(h) extends the authority of a participating state to regulate the practice of dentistry and dental hygiene within its borders to dentists and dental hygienists who practice in the state through a compact privilege;
(i) promotes the cooperation of participating state in regulating the practice of dentistry and dental hygiene within those states; and
(j) facilitates the relocation of military members and their spouses who are licensed to practice dentistry or dental hygiene.
SECTION 2—DEFINITIONS
As used in this compact, unless the context requires otherwise, the following definitions shall apply:
(a) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.
(b) "Adverse action" means disciplinary action or encumbrance imposed on a license or compact privilege by a state licensing authority.
(c) "Alternative program" means a non-disciplinary monitoring or practice remediation process applicable to a dentist or dental hygienist approved by a state licensing authority of a participating state in which the dentist or dental hygienist is licensed. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues are referred in lieu of adverse action.
(d) "Clinical assessment" means examination or process, required for licensure as a dentist or dental hygienist as applicable, that provides evidence of clinical competence in dentistry or dental hygiene.
(e) "Commissioner" means the individual appointed by a participating state to serve as the member of the commission for that participating state.
(f) "Compact" means this dentist and dental hygienist compact.
(g) "Compact privilege" means the authorization granted by a remote state to allow a licensee from a participating state to practice as a dentist or dental hygienist in a remote state.
(h) "Continuing professional development" means a requirement, as a condition of license renewal, to provide evidence of successful participation in educational or professional activities relevant to practice or area of work.
(i) "Criminal background check" means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d) from the federal bureau of investigation and the state's criminal history record repository as defined in 28 C.F.R. § 20.3(f).
(j) "Data system" means the commission's repository of information about licensees, including, but not limited to, examination, licensure, investigative, compact privilege, adverse action and alternative program.
(k) "Dental hygienist" means an individual who is licensed by a state licensing authority to practice dental hygiene.
(l) "Dentist" means an individual who is licensed by a state licensing authority to practice dentistry.
(m) "Dentist and dental hygienist compact commission" or "commission" means a joint government agency established by this compact comprised of each state that has enacted the compact and a national administrative body comprised of a commissioner from each state that has enacted the compact.
(n) "Encumbered license" means a license that a state licensing authority has limited in any way other than through an alternative program.
(o) "Executive board" means the chairperson, vice chairperson, secretary and treasurer and any other commissioners as may be determined by commission rule or bylaw.
(p) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a state.
(q) "License" means current authorization by a state, other than authorization pursuant to a compact privilege, or other privilege, for an individual to practice as a dentist or dental hygienist in that state.
(r) "Licensee" means an individual who holds an unrestricted license from a participating state to practice as a dentist or dental hygienist in that state.
(s) "Model compact" means the model for the dentist and dental hygienist compact on file with the council of state governments or other entity as designated by the commission.
(t) "Participating state" means a state that has enacted the compact and been admitted to the commission in accordance with the provisions of this compact and commission rules.
(u) "Qualifying license" means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene.
(v) "Remote state" means a participating state where a licensee who is not licensed as a dentist or dental hygienist is exercising or seeking to exercise the compact privilege.
(w) "Rule" means a regulation promulgated by an entity that has the force of law.
(x) "Scope of practice" means the procedures, actions and processes a dentist or dental hygienist licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through means including, but not limited to, statute, regulations, case law and other processes available to the state licensing authority or other government agency.
(y) "Significant investigative information" means information, records and documents received or generated by a state licensing authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the licensee has violated a statute or regulation that is considered more than a minor infraction for which the state licensing authority could pursue adverse action against the licensee.
(z) "State" means any state, commonwealth, district or territory of the United States of America that regulates the practices of dentistry and dental hygiene.
(aa) "State licensing authority" means an agency or other entity of a state that is responsible for the licensing and regulation of dentists or dental hygienists.
SECTION 3—STATE PARTICIPATION IN THE COMPACT
(a) In order to join the compact and thereafter continue as a participating state, a state must:
(1) Enact a compact that is not materially different from the model compact as determined in accordance with commission rules;
(2) participate fully in the commission's data system;
(3) have a mechanism in place for receiving and investigating complaints about its licensees and license applicants;
(4) notify the commission, in compliance with the terms of the compact and commission rules, of any adverse action or the availability of significant investigative information regarding a licensee and license applicant;
(5) fully implement a criminal background check requirement, within a time frame established by commission rule, by receiving the results of a qualifying criminal background check;
(6) comply with the commission rules applicable to a participating state;
(7) accept the national board examinations of the joint commission on national dental examinations or another examination accepted by commission rule as a licensure examination;
(8) accept for licensure that applicants for a dentist license graduate from a predoctoral dental education program accredited by the commission on dental accreditation, or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs, leading to the doctor of dental surgery, D.D.S., or doctor of dental medicine, D.M.D., degree;
(9) accept for licensure that applicants for a dental hygienist license graduate from a dental hygiene education program accredited by the commission on dental accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs;
(10) require for licensure that applicants successfully complete a clinical assessment;
(11) have continuing professional development requirements as a condition for license renewal; and
(12) pay a participation fee to the commission as established by commission rule.
(b) Providing alternative pathways for an individual to obtain an unrestricted license does not disqualify a state from participating in the compact.
(c) When conducting a criminal background check, the state licensing authority shall:
(1) Consider that information in making a licensure decision;
(2) maintain documentation of completion of the criminal background check and background check information to the extent allowed by state and federal law; and
(3) report to the commission whether it has completed the criminal background check and whether the individual was granted or denied a license.
(d) A licensee of a participating state who has a qualifying license in that state and does not hold an encumbered license in any other participating state shall be issued a compact privilege in a remote state in accordance with the terms of the compact and commission rules. If a remote state has a jurisprudence requirement, a compact privilege will not be issued to the licensee unless the licensee has satisfied the jurisprudence requirement.
SECTION 4—COMPACT PRIVILEGE
(a) To obtain and exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) Have a qualifying license as a dentist or dental hygienist in a participating state;
(2) be eligible for a compact privilege in any remote state in accordance with subsections (d), (g) and (h);
(3) submit to an application process whenever the licensee is seeking a compact privilege;
(4) pay any applicable commission and remote state fees for a compact privilege in the remote state;
(5) meet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege;
(6) have passed a national board examination of the joint commission on national dental examinations or another examination accepted by commission rule;
(7) for a dentist, have graduated from a predoctoral dental education program accredited by the commission on dental accreditation, or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs, leading to the doctor of dental surgery, D.D.S., or doctor of dental medicine, D.M.D., degree;
(8) for a dental hygienist, have graduated from a dental hygiene education program accredited by the commission on dental accreditation or another accrediting agency recognized by the United States department of education for the accreditation of dentistry and dental hygiene education programs;
(9) have successfully completed a clinical assessment for licensure;
(10) report to the commission any adverse action taken by any non-participating state when applying for a compact privilege and, otherwise, within 30 days after the date the adverse action is taken;
(11) report to the commission when applying for a compact privilege the address of the licensee's primary residence and thereafter immediately report to the commission any change in the address of the licensee's primary residence; and
(12) consent to accept service of process by mail at the licensee's primary residence on record with the commission with respect to any action brought against the licensee by the commission or a participating state and consent to accept service of a subpoena by mail at the licensee's primary residence on record with the commission with respect to any action brought or investigation conducted by the commission or a participating state.
(b) The licensee must comply with the requirements of subsection (a) to maintain the compact privilege in the remote state. If those requirements are met, the compact privilege will continue as long as the licensee maintains a qualifying license in the state through which the licensee applied for the compact privilege and pays any applicable compact privilege renewal fees.
(c) A licensee providing dentistry or dental hygiene in a remote state under the compact privilege shall function within the scope of practice authorized by the remote state for a dentist or dental hygienist licensed in that state.
(d) A licensee providing dentistry or dental hygiene pursuant to a compact privilege in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, by adverse action revoke or remove a licensee's compact privilege in the remote state for a specific period of time and impose fines or take any other necessary actions to protect the health and safety of its citizens. If a remote state imposes an adverse action against a compact privilege that limits the compact privilege, that adverse action applies to all compact privileges in all remote states. A licensee whose compact privilege in a remote state is removed for a specified period of time is not eligible for a compact privilege in any other remote state until the specific time for removal of the compact privilege has passed and all encumbrance requirements are satisfied.
(e) If a license in a participating state is an encumbered license, the licensee shall lose the compact privilege in a remote state and shall not be eligible for a compact privilege in any remote state until the license is no longer encumbered.
(f) Once an encumbered license in a participating state is restored to good standing, the licensee must meet the requirements of subsection (a) to obtain a compact privilege in a remote state.
(g) If a licensee's compact privilege in a remote state is removed by the remote state, the individual shall lose or be ineligible for the compact privilege in any remote state until the following occur:
(1) The specific period of time for which the compact privilege was removed has ended; and
(2) all conditions for removal of the compact privilege have been satisfied.
(h) Once the requirements of subsection (g) have been met, the licensee must meet the requirements in subsection (a) to obtain a compact privilege in a remote state.
SECTION 5—ACTIVE MILITARY MEMBER OR THEIR SPOUSES
An active military member and their spouse shall not be required to pay to the commission for a compact privilege the fee otherwise charged by the commission. If a remote state chooses to charge a fee for a compact privilege, it may choose to charge a reduced fee or no fee to an active military member and their spouse for a compact privilege.
SECTION 6—ADVERSE ACTIONS
(a) A participating state in which a licensee is licensed shall have exclusive authority to impose adverse action against the qualifying license issued by that participating state.
(b) A participating state may take adverse action based on the significant investigative information of a remote state, so long as the participating state follows its own procedures for imposing adverse action.
(c) Nothing in this compact shall override a participating state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the participating state's laws. Participating states must require licensees who enter any alternative program in lieu of discipline to agree not to practice pursuant to a compact privilege in any other participating state during the term of the alternative program without prior authorization from such other participating state.
(d) Any participating state in which a licensee is applying to practice or is practicing pursuant to a compact privilege may investigate actual or alleged violations of the statutes and regulations authorizing the practice of dentistry or dental hygiene in any other participating state in which the dentist or dental hygienist holds a license or compact privilege.
(e) A remote state shall have the authority to:
(1) Take adverse actions as set forth in section 4(d) of this compact against a licensee's compact privilege in the state;
(2) in furtherance of its rights and responsibilities under the compact and the commission's rules, issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a state licensing authority in a participating state for the attendance and testimony of witnesses, or the production of evidence from another participating state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located; and
(3) if otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(f) (1) In addition to the authority granted to a participating state by its dentist or dental hygienist licensure act or other applicable state law, a participating state may jointly investigate licensees with other participating states.
(2) Participating states shall share any significant investigative information, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(g) (1) After a licensee's compact privilege in a remote state is terminated, the remote state may continue an investigation of the licensee that began when the licensee had a compact privilege in that remote state.
(2) If the investigation yields what would be significant investigative information had the licensee continued to have a compact privilege in that remote state, the remote state shall report the presence of such information to the data system as required by section 8(b)(6) of this compact as if it was significant investigative information.
SECTION 7—ESTABLISHMENT AND OPERATION OF THE COMMISSION
(a) The compact participating states hereby create and establish a joint government agency whose membership consists of all participating states that have enacted the compact. The commission is an instrumentality of the participating states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in section 11(a) of this compact.
(b) (1) Each participating state shall have and be limited to one commissioner selected by that participating state's state licensing authority or, if the state has more than one state licensing authority, selected collectively by the state licensing authorities.
(2) The commissioner shall be a member or designee of such authority or authorities.
(3) The commission may by rule or bylaw establish a term of office for commissioners and may by rule or bylaw establish term limits.
(4) The commission may recommend to a state licensing authority or authorities, as applicable, removal or suspension of an individual as the state's commissioner.
(5) A participating state's state licensing authority or authorities, as applicable, shall fill any vacancy of its commissioner on the commission within 60 days after the vacancy.
(6) Each commissioner shall be entitled to one vote on all matters that are voted upon by the commission.
(7) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
(2) establish a code of conduct and conflict of interest policies;
(3) adopt rules and bylaws;
(4) maintain its financial records in accordance with the bylaws;
(5) meet and take such actions as are consistent with the provisions of this compact, the commission's rules and the bylaws;
(6) initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected;
(7) maintain and certify records and information provided to a participating state as the authenticated business records of the commission and designate a person to do so on the commission's behalf;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including, but not limited to, employees of a participating state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(12) as set forth in the commission rules, charge a fee to a licensee for the grant of a compact privilege in a remote state and thereafter, as may be established by commission rule, charge the licensee a compact privilege renewal fee for each renewal period in which that licensee exercises or intends to exercise the compact privilege in that remote state. Nothing in this paragraph shall be construed to prevent a remote state from charging a licensee a fee for a compact privilege or renewals of a compact privilege, or a fee for the jurisprudence requirement, if the remote state imposes such a requirement for the grant of a compact privilege;
(13) accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials and services and receive, utilize and dispose of the same, and at all times the commission shall avoid any appearance of impropriety or conflict of interest;
(14) lease, purchase, retain, own, hold, improve or use any property, real, personal or mixed, or any undivided interest in such property;
(15) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
(16) establish a budget and make expenditures;
(17) borrow money;
(18) appoint committees, including standing committees, which may be composed of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be designated in this compact and the bylaws;
(19) provide and receive information from, and cooperate with, law enforcement agencies;
(20) elect a chairperson, vice chairperson, secretary and treasurer and such other officers of the commission as provided in the commission's bylaws;
(21) establish and elect an executive board;
(22) adopt and provide to the participating states an annual report;
(23) determine whether a state's enacted compact is materially different from the model compact language such that the state would not qualify for participation in the compact; and
(24) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) (1) All meetings of the commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the commission's website at least 30 days prior to the public meeting.
(2) Notwithstanding subsection (d)(1), the commission may convene an emergency public meeting by providing at least 24 hours' prior notice on the commission's website, and any other means as provided in the commission's rules, for any of the reasons it may dispense with notice of proposed rulemaking under section 9(l) of this compact. The commission's legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
(3) Notice of all commission meetings shall provide the time, date and location of the meeting, and if the meeting is to be held or accessible via telecommunication, videoconference or other electronic means, the notice shall include the mechanism for access to the meeting through such means.
(4) The commission may convene in a closed, non-public meeting for the commission to receive legal advice or to discuss:
(A) Noncompliance of a participating state with its obligations under the compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) current or threatened discipline of a licensee or compact privilege holder by the commission or by a participating state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(F) accusing any person of a crime or formally censuring any person;
(G) trade secrets or commercial or financial information that is privileged or confidential;
(H) information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;
(K) legal advice;
(L) matters specifically exempted from disclosure to the public by federal or participating state law; and
(M) other matters as promulgated by the commission by rule.
(5) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(6) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(e) (1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate sources of revenue, donations and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each participating state and impose fees on licensees of participating states when a compact privilege is granted to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each fiscal year for which sufficient revenue is not provided by other sources. The aggregate annual assessment amount for participating states shall be allocated based upon a formula that the commission shall promulgate by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same nor shall the commission pledge the credit of any participating State except by and with the authority of the participating state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(f) (1) The executive board shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties and responsibilities of the executive board shall include:
(A) Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission's rules and bylaws;
(B) recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact participating states, fees charged to licensees and other fees;
(C) ensuring compact administration services are appropriately provided, including by contract;
(D) preparing and recommending the budget;
(E) maintaining financial records on behalf of the commission;
(F) monitoring compact compliance of participating states and providing compliance reports to the commission;
(G) establishing additional committees as necessary;
(H) exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
(I) other duties as provided in the rules or bylaws of the commission.
(2) The executive board shall be composed of up to seven members:
(A) The chairperson, vice chairperson, secretary and treasurer of the commission and any other members of the commission who serve on the executive board shall be voting members of the executive board; and
(B) other than the chairperson, vice chairperson, secretary and treasurer, the commission may elect up to three voting members from the current membership of the commission.
(3) The commission may remove any member of the executive board as provided in the commission's bylaws.
(4) The executive board shall meet at least annually.
(A) An executive board meeting at which it takes or intends to take formal action on a matter shall be open to the public, except that the executive board may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subsection (d)(4).
(B) The executive board shall give five business days' notice of its public meetings, posted on its website and as it may otherwise determine to provide notice to persons with an interest in the public matters the executive board intends to address at those meetings.
(5) The executive board may hold an emergency meeting when acting for the commission to:
(A) Meet an imminent threat to public health, safety or welfare;
(B) prevent a loss of commission or participating state funds; or
(C) protect public health and safety.
(g) (1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that nothing in this paragraph shall be construed to prohibit that person from retaining their own counsel at their own expense, and provided further that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) Notwithstanding subsection (g)(1), should any member, officer, executive director, employee or representative of the commission be held liable for the amount of any settlement or judgment arising out of any actual or alleged act, error or omission that occurred within the scope of that individual's employment, duties or responsibilities for the commission, or that the person to whom that individual is liable had a reasonable basis for believing occurred within the scope of the individual's employment, duties or responsibilities for the commission, the commission shall indemnify and hold harmless such individual, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of the individual.
(4) Nothing in this subsection shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a participating state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman act, Clayton act or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the participating states or by the commission.
SECTION 8—DATA SYSTEM
(a) The commission shall provide for the development, maintenance, operation and utilization of a coordinated database and reporting system containing licensure, adverse action and the presence of significant investigative information on all licensees and applicants for a license in participating states.
(b) Notwithstanding any other provision of state law to the contrary, a participating state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a licensee, license applicant or compact privilege and information related thereto;
(4) nonconfidential information related to alternative program participation, the beginning and ending dates of such participation and other information related to such participation;
(5) any denial of an application for licensure and the reasons for such denial, excluding the reporting of any criminal history record information where prohibited by law;
(6) the presence of significant investigative information; and
(7) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(c) The records and information provided to a participating state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a participating state.
(d) Significant investigative information pertaining to a licensee in any participating state shall only be available to other participating states.
(e) It is the responsibility of the participating states to monitor the database to determine whether adverse action has been taken against a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any participating state will be available to any other participating state.
(f) Participating states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be removed from the data system.
SECTION 9—RULEMAKING
(a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A commission rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted under this compact, or based upon another applicable standard of review.
(b) The rules of the commission shall have the force of law in each participating state, except that where the rules of the commission conflict with the laws of the participating state that establish the participating state's scope of practice as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section of this compact and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.
(d) If a majority of the legislatures of the participating states rejects a commission rule or portion of a commission rule, by enactment of a statute or resolution in the same manner used to adopt the compact, within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any participating state or to any state applying to participate in the compact.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform;
(2) to persons who have requested notice of the commission's notices of proposed rulemaking; and
(3) in such other ways as the commission may by rule specify.
(h) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date and location of the meeting where the commission will consider and vote on the proposed rule;
(2) if the hearing is held via telecommunication, video conference or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
(3) the text of the proposed rule and the reason therefor;
(4) a request for comments on the proposed rule from any interested person; and
(5) the manner in which interested persons may submit written comments.
(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(j) Nothing in this section of this compact shall be construed as requiring a separate hearing on each commission rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(k) The commission shall, by majority vote of all commissioners, take final action on the proposed rule based on the rulemaking record.
(1) The commission may adopt changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be no sooner than 30 days after the commission issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours' notice, with opportunity to comment, and the usual rulemaking procedures provided in the compact and in this section of this compact shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or participating state funds;
(3) meet a deadline for the promulgation of a rule that is established by federal law or rule; or
(4) protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(n) No participating state's rulemaking requirements shall apply under this compact.
SECTION 10—OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a) (1) The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing in this paragraph shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or commission rule and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b) (1) If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other participating states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of participation in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority or authorities, as applicable, and each of the participating states' state licensing authority or authorities, as applicable.
(e) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state's participation in this compact, that state shall immediately provide notice to all licensees of the state, including licensees of other participating states issued a compact privilege to practice within that state, of such termination. The terminated state shall continue to recognize all compact privileges then in effect in that state for a minimum of 180 days after the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(i) (1) Upon request by a participating state, the commission shall attempt to resolve disputes related to the compact that arise among participating states and between participating states and nonparticipating states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(j) (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission's rules.
(2) By majority vote, the commission may initiate legal action against a participating state in default in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies in this paragraph shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting participating state's law.
(3) A participating state may initiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(4) No individual or entity other than a participating state may enforce this compact against the commission.
SECTION 11—EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh participating state.
(1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening, the charter participating states, to determine if the statute enacted by each such charter participating state is materially different than the model compact.
(A) A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in section 10 of this compact.
(B) If any participating state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be fewer than seven.
(2) Participating states enacting the compact subsequent to the charter participating states shall be subject to the process set forth in section 7(c)(23) of this compact to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(4) Any state that joins the compact subsequent to the commission's initial adoption of the rules and bylaws shall be subject to the commission's rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(b) Any participating state may withdraw from this compact by enacting a statute repealing that state's enactment of the compact.
(1) A participating state's withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority or authorities to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all compact privileges to practice within that state granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a participating state and a non-participating state that does not conflict with the provisions of this compact.
(d) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted into the laws of all participating states.
SECTION 12—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected by such holding.
(c) Notwithstanding subsection (b), the commission may deny a state's participation in the compact or, in accordance with the requirements of section 10(b) of this compact, terminate a participating state's participation in the compact, if it determines that a constitutional requirement of a participating state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
SECTION 13—CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
(a) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a participating state that is not inconsistent with the compact.
(b) Any laws, statutes, regulations or other legal requirements in a participating state in conflict with the compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the participating states are binding in accordance with their terms.
History: L. 2024, ch. 36, § 1; July 1.
Article 15 Regulation of Optometrists
§ 65-1501 Practice of optometry defined; exclusions; standard of care in diagnosis and treatment of glaucoma; low vision rehabilitation services
(a) The practice of optometry means:
(1) The examination of the human eye and its adnexae and the employment of objective or subjective means or methods (including the administering, prescribing or dispensing, of topical pharmaceutical drugs) for the purpose of diagnosing the refractive, muscular, or pathological condition thereof;
(2) the prescribing, dispensing or adapting of lenses (including any ophthalmic lenses which are classified as drugs by any law of the United States or of this state), prisms, low vision rehabilitation services, orthoptic exercises and visual training therapy for the relief of any insufficiencies or abnormal conditions of the human eye and its adnexae; and
(3) the prescribing, administering or dispensing of topical pharmaceutical drugs and oral drugs for the examination, diagnosis and treatment of ocular conditions and any insufficiencies or abnormal conditions of the human eye and its adnexae including adult open-angle glaucoma.
(b) The practice of optometry shall not include: (1) The management and treatment of glaucoma, except as provided in subsection (a); (2) the performance of surgery, including the use of lasers for surgical purposes, except that licensees may remove non-perforating foreign bodies from the cornea, conjunctiva or eyelids; remove eyelashes; scrape the cornea for diagnostic tests, smears or cultures; dilate, probe, irrigate or close by punctal plug the tear drainage structures of the eye; express conjunctival follicles or cysts; debridement of the corneal epithelium and co-management of post-operative care; or (3) the performance of procedures requiring anesthesia administered by injection or general anesthesia.
(c) A licensee shall be held to a standard of care in the diagnosis and treatment of adult open-angle glaucoma commensurate to that of a person licensed to practice medicine and surgery, who exercises that degree of skill and proficiency commonly exercised by an ordinary, skillful, careful and prudent person licensed to practice medicine and surgery.
(d) Under the direction and supervision of a licensee, a licensed professional nurse, licensed practical nurse, licensed physical therapist and licensed occupational therapist may assist in the provision of low vision rehabilitation services in addition to such other services which such licensed professional nurse, licensed practical nurse, licensed physical therapist and licensed occupational therapist is authorized by law to provide under subsection (d) of K.S.A. 65-1113, subsection (h) of K.S.A. 65-1124, subsection (b) of K.S.A. 65-2901 and subsection (b) of K.S.A. 65-5402, and amendments thereto.
History: L. 1923, ch. 220, § 1; R.S. 1923, 65-1501; L. 1977, ch. 216, § 1; L. 1987, ch. 235, § 1; L. 1996, ch. 95, § 1; L. 1999, ch. 23, § 1; L. 2002, ch. 203, § 16; L. 2003, ch. 128, § 22; L. 2010, ch. 31, § 1; L. 2012, ch. 8, § 1; July 1.
§ 65-1501a Definitions
For the purposes of this act the following terms shall have the meanings respectively ascribed to them unless the context requires otherwise:
(a) "Board" means the board of examiners in optometry established under K.S.A. 74-1501, and amendments thereto.
(b) "License" means a license to practice optometry granted under the optometry law.
(c) "Licensee" means a person licensed under the optometry law to practice optometry.
(d) "Adapt" means the determination, selection, fitting or use of lenses, prisms, orthoptic exercises or visual training therapy for the aid of any insufficiencies or abnormal conditions of the eyes after or by examination or testing.
(e) "Lenses" means any type of ophthalmic lenses, which are lenses prescribed or used for the aid of any insufficiencies or abnormal conditions of the eyes.
(f) "Prescription" means a verbal, written or electronic order transmitted directly or by electronic means from a licensee giving or containing the name and address of the prescriber, the license registration number of the licensee, the name and address of the patient, the specifications and directions for lenses, prisms, orthoptic exercises, low vision rehabilitation services or visual training therapy to be used for the aid of any insufficiencies or abnormal conditions of the eyes, including instructions necessary for the fabrication or use thereof and the date of issue.
(g) "Prescription for topical pharmaceutical drugs or oral drugs" means a verbal, written or electronic order transmitted directly or by electronic means from a licensee giving or containing the name and address of the prescriber, the license registration number of the licensee, the name and address of the patient, the name and quantity of the drug prescribed, directions for use, the number of refills permitted, the date of issue and expiration date.
(h) "Topical pharmaceutical drugs" means drugs administered topically and not by other means.
(i) "Dispense" means to deliver prescription-only medication or ophthalmic lenses to the ultimate user pursuant to the lawful prescription of a licensee and dispensing of prescription-only medication by a licensee shall be limited to a twenty-four hour supply or minimal quantity necessary until a prescription can be filled by a licensed pharmacist, except that the twenty-four hour supply or minimal quantity shall not apply to lenses described in K.S.A. 65-1501(a)(2), and amendments thereto.
(j) "False advertisement" means any advertisement which is false, misleading or deceptive in a material respect. In determining whether any advertisement is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations made.
(k) "Advertisement" means all representations disseminated in any manner or by any means, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of professional services or ophthalmic goods.
(l) "Healthcare provider" shall have the meaning ascribed to that term in K.S.A. 40-3401(f), and amendments thereto.
(m) "Medical facility" shall have the meaning ascribed to that term in K.S.A. 65-411(c), and amendments thereto.
(n) "Medical care facility" shall have the meaning ascribed to that term in K.S.A. 65-425, and amendments thereto.
(o) "Ophthalmologist" means a person licensed to practice medicine and surgery by the state board of healing arts who specializes in the diagnosis and medical and surgical treatment of diseases and defects of the human eye and related structures.
(p) "Low vision rehabilitation services" means the evaluation, diagnosis, management and care of the low vision patient including low vision rehabilitation therapy, education and interdisciplinary consultation under the direction and supervision of an ophthalmologist or optometrist.
(q) "Oral drugs" means oral antibacterial drugs, oral antiviral drugs, oral antihistamines, oral analgesic drugs, oral steroids, oral antiglaucoma drugs and other oral drugs with clinically accepted ocular uses.
(r) "Applicant" means a person who has submitted an application for a license to practice optometry.
History: L. 1975, ch. 318, § 1; L. 1987, ch. 235, § 2; L. 1990, ch. 223, § 1; L. 1996, ch. 95, § 2; L. 1999, ch. 23, § 2; L. 2005, ch. 93, § 3; L. 2010, ch. 31, § 2; L. 2012, ch. 8, § 2; L. 2024, ch. 15, § 47; July 1.
§ 65-1502 Who deemed practitioners
(a) Except as provided in K.S.A. 65-1508 and amendments thereto, a person shall be deemed to be practicing optometry within the meaning of the optometry law if such person in any manner:
(1) Holds oneself out to the public as being engaged in or who maintains an office for the practice of optometry as defined in K.S.A. 65-1501 and amendments thereto;
(2) makes a test or examination of the eye or eyes of another to ascertain the refractive, the muscular or the pathological condition thereof;
(3) adapts lenses to the human eye for any purpose, either directly or indirectly; or
(4) conducts or performs orthoptic exercises or visual training therapy for the correction, remedy or relief of any insufficiencies or abnormal conditions of the eyes.
(b) "Maintains an office for the practice of optometry" for the purposes of this section and the optometry law means:
(1) To directly or indirectly control or attempt to control the professional judgment or the practice of a licensee; or
(2) to bear any of the expenses of or to have, own or acquire any interest in the practice, books, records, files or materials of a licensee.
(c) Nothing herein contained shall be construed to prohibit a licensee from entering into leases, agreements, mortgages or other types of debt instruments not in violation of this section or any other section of the optometry law.
History: L. 1923, ch. 220, § 2; R.S. 1923, 65-1502; L. 1976, ch. 270, § 1; L. 1990, ch. 223, § 2; July 1.
§ 65-1503 Repealed
History: L. 1923, ch. 220, § 3; R.S. 1923, 65-1503; Repealed, L. 1975, ch. 318, § 11; July 1.
§ 65-1504 Repealed
History: L. 1923, ch. 220, § 8; R.S. 1923, 65-1504; L. 1939, ch. 240, § 1; L. 1975, ch. 318, § 2; Repealed, L. 1990, ch. 223, § 22; July 1.
§ 65-1504a Repealed
History: L. 1939, ch. 240, § 5; Repealed, L. 1990, ch. 223, § 22; July 1.
§ 65-1504b Unlawful to dispense opthalmic lens or lenses without prescription order
It shall be unlawful for any person to dispense an ophthalmic lens or lenses without first having obtained a valid, unexpired prescription as defined in K.S.A. 65-1501a, and amendments thereto, or order therefor from a duly licensed optometrist or a person licensed to practice medicine and surgery. An ophthalmic lens shall include a contact lens with or without power.
History: L. 1939, ch. 240, § 6; L. 1976, ch. 270, § 2; L. 2002, ch. 113, § 2; January 1, 2003.
§ 65-1505 Qualifications of practitioners; examinations; professional liability insurance; fees; reciprocal licensure; rules and regulations criteria for approval of schools or colleges; fingerprinting; criminal history record check; fees; criminal history and fingerprinting fund created
(a) Persons entitled to practice optometry in Kansas shall be those persons licensed in accordance with the provisions of the optometry law. A person shall be qualified to be licensed and to receive a license as an optometrist: (1) Who is of good moral character; and in determining the moral character of any such person, the board may take into consideration any felony conviction of such person, but such conviction shall not automatically operate as a bar to licensure; (2) who has graduated from a school or college of optometry approved by the board; and (3) who successfully meets and completes the requirements set by the board and passes an examination given by the board.
(b) All applicants for licensure, in addition to successfully completing all other requirements for licensure, shall submit evidence satisfactory to the board of professional liability insurance in an amount acceptable to the board.
(c) Any person applying for examination by the board shall fill out and swear to an application furnished by the board, accompanied by a fee fixed by the board by rules and regulations in an amount of not to exceed $450, and file the same with the secretary of the board at least 30 days prior to the holding of the examination. At such examinations the board shall examine each applicant in subjects taught in schools or colleges of optometry approved by the board, as may be required by the board. If such person complies with the other qualifications for licensing and passes such examination, such person shall receive from the board, upon the payment of a fee fixed by the board by rules and regulations in an amount of not to exceed $150, a license entitling such person to practice optometry. In the event of the failure on the part of the applicant to pass the first examination, such person may, with the consent of the board, within 18 months, by filing an application accompanied by a fee fixed by the board by rules and regulations in an amount of not to exceed $150, take a second examination; for the third and each subsequent examination a fee fixed by the board by rules and regulations in an amount of not to exceed $150. Any examination fee and license fee fixed by the board under this subsection which is in effect on the day preceding the effective date of this act shall continue in effect until the board adopts rules and regulations under this subsection fixing a different fee therefor.
(d) Any applicant for reciprocal licensure may in the board's discretion be licensed and issued a license without examination if the applicant has been in the active practice of optometry in another state for at least the three-year period immediately preceding the application for reciprocal licensure and the applicant:
(1) Presents a certified copy of a certificate of registration or license which has been issued to the applicant by another state where the requirements for licensure are deemed by the board to be equivalent to the requirements for licensure under this act, if such state accords a like privilege to holders of a license issued by the board;
(2) submits a sworn statement of the licensing authority of such other state that the applicant's license has never been limited, suspended or revoked and that the applicant has never been censured or had other disciplinary action taken;
(3) successfully passes an examination of Kansas law administered by the board and such clinical practice examination as the board deems necessary; and
(4) pays the reciprocal license fixed by the board by rules and regulations in an amount of not to exceed $450. The reciprocal license fee fixed by the board under this subsection which is in effect on the day preceding the effective date of this act shall continue in effect until the board adopts rules and regulations under this subsection fixing a different fee therefor.
(e) The board shall adopt rules and regulations establishing the criteria which a school or college of optometry shall satisfy in meeting the requirement of approval by the board established under subsection (a). The board may send a questionnaire developed by the board to any school or college of optometry for which the board does not have sufficient information to determine whether the school or college meets the requirements for approval and rules and regulations adopted under this act. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school or college to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools or colleges. In entering such contracts the authority to approve schools or colleges shall remain solely with the board.
(f) (1) The board may require an applicant for licensure or a licensee in connection with an investigation of the licensee to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(2) (A) The board shall fix a fee for fingerprinting applicants or licensees in an amount necessary to reimburse the board for the cost of the fingerprinting. Fees collected under this subsection shall be deposited in the criminal history and fingerprinting fund.
(B) There is hereby created in the state treasury the criminal history and fingerprinting fund. All moneys credited to the fund shall be used to pay all costs and fees associated with processing of fingerprints and criminal history checks for the board of examiners in optometry. The fund shall be administered by the board. All expenditures from the 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 a person designated by the president.
History: L. 1923, ch. 220, § 9; R.S. 1923, 65-1505; L. 1939, ch. 240, § 2; L. 1951, ch. 360, § 1; L. 1975, ch. 318, § 3; L. 1979, ch. 192, § 1; L. 1987, ch. 235, § 3; L. 1988, ch. 243, § 6; L. 1990, ch. 223, § 3; L. 1996, ch. 95, § 3; L. 1999, ch. 23, § 3; L. 2003, ch. 46, § 1; L. 2005, ch. 93, § 1; L. 2012, ch. 8, § 3; L. 2024, ch. 15, § 48; July 1.
§ 65-1506 Repealed
History: L. 1923, ch. 220, § 10; R.S. 1923, 65-1506; L. 1961, ch. 287, § 1; L. 1975, ch. 318, § 4; L. 1976, ch. 270, § 3; L. 1984, ch. 313, § 105; L. 1986, ch. 234, § 2; Repealed, L. 1990, ch. 223, § 22; July 1.
§ 65-1507 Repealed
History: L. 1923, ch. 220, § 11; R.S. 1923, 65-1507; L. 1961, ch. 287, § 2; L. 1975, ch. 318, § 5; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-1508 Act not to prevent persons licensed to practice medicine from performing certain acts or services; authorizing the delegation of certain examination procedures to assistants; limitations and prohibitions upon examination procedures performed by assistants
(a) Nothing in this act shall be construed to prevent persons who are licensed to practice medicine and surgery in this state from performing the acts or services authorized for optometrists under the optometry law or from delegating the performance of screening procedures for visual acuities, color vision, visual fields and intraocular pressure to assistants.
(b) The examination procedures performed by assistants to optometrists or ophthalmologists shall be limited to data gathering at the direct request of the ophthalmologist or optometrist and to those examination procedures which do not require professional interpretation or professional judgment. These examination procedures may be performed by assistants only under the immediate and personal supervision and within the office of an ophthalmologist or optometrist. Delegation to such assistants of the external and internal evaluation of the eye, biomicroscopic evaluation, subjective refraction, gonioscopic evaluation, final contact lens fit evaluation, orthoptic and strabismus evaluations, visual training evaluations, analysis of findings and the prescribing of ophthalmic lenses are prohibited.
(c) Persons who dispense ophthalmic materials pursuant to the prescription of a person licensed to practice medicine and surgery or optometry shall not be construed to be assistants within the meaning of this section.
History: L. 1923, ch. 220, § 12; R.S. 1923, 65-1508; L. 1939, ch. 240, § 3; L. 1976, ch. 270, § 4; L. 1977, ch. 216, § 2; L. 1990, ch. 223, § 4; July 1.
§ 65-1509 Notification of location of practice; biennial license renewal, fee; inactive status license; expiration of license, notice; cancellation of license; reinstatement, fee
(a) Before engaging in the practice of optometry in this state, it shall be the duty of each licensed optometrist to notify the board in writing of the address of the office or offices where such licensee is to engage or intends to engage in the practice of optometry and of any changes in the licensee's location of practice. Any notice required to be given by the board to any licensed optometrist may be given by mailing to such address through the United States mail, postpaid, or by electronic means to such electronic mail or facsimile address provided by the licensed optometrist to the board for such purpose.
(b) Any license to practice optometry issued by the board shall expire on May 31 of the year specified by the board for the expiration of the license and shall be renewed on a biennial basis in accordance with this section. The request for renewal shall be on a form provided by the board and shall be accompanied by the prescribed fee, which shall be paid no later than the expiration date of the license.
(c) Each license shall be renewed on a biennial basis. To provide for a system of biennial renewal of licenses, the board may provide by rules and regulations that licenses issued or renewed may expire less than two years from the date of issuance or renewal and for the proration of fees accordingly. On or before May 1 each year, the board shall determine the amount that may be necessary for the next ensuing fiscal year to carry out and enforce the provisions of the optometry law, and shall fix by rules and regulations the renewal fee and the fees provided for in K.S.A. 65-1505, and amendments thereto, in such amounts as may be necessary for that purpose. The biennial renewal fee shall not exceed $800. Upon fixing such fees, the board shall immediately notify all licensees of the amount of such fees for the ensuing biennial renewal period. In every renewal year hereafter, every licensed optometrist shall pay to the board of examiners a fee for a renewal of such license for each biennial renewal period. The license renewal fee fixed by the board under this subsection which is in effect on the day preceding the effective date of this act shall continue in effect until the board adopts rules and regulations under this subsection fixing a different fee therefor.
(d) The payment of the renewal fee by the person who is a holder of a license as an optometrist but who has not complied with the continuing education requirements fixed by the board, if no grounds exist for denying the renewal of the license other than that the person has not complied with the continuing education requirements fixed by the board, shall entitle the person to inactive status licensure by the board. No person holding an inactive status license from the board shall engage in the practice of optometry in this state. A person holding an inactive status license from the board shall be entitled to cancellation of the inactive status license and to renewal of licensure as an optometrist upon furnishing satisfactory evidence to the board that such person has obtained the equivalent of all missed continuing education requirements to date, and payment of an additional fee fixed by the board through rule and regulation in an amount not to exceed $450.
(e) At least 30 days before the expiration of the licensee's license, the board shall notify each licensee of the expiration as provided in subsection (a) of this section. If the licensee fails to pay the biennial fee or show proof of compliance with the continuing education requirements by the date of the expiration of the license, the board shall provide such licensee as provided in subsection (a) of this section a second notice that the licensee's license has expired, that the board shall suspend action for 30 days following the date of expiration, that upon receipt of the biennial fee together with an additional fee not to exceed $500, within the thirty-day period, no order of cancellation will be entered and that, if both fees are not received within the thirty-day period, the license shall be canceled.
(f) Any licensee who allows the licensee's license to lapse or be canceled by failing to renew as herein provided, may be reinstated by the board upon payment of the renewal fees then due and upon proof of compliance with the continuing education requirements established by the board. As an additional requirement of reinstatement, in cases in which the board deems it appropriate, the licensee may be required to successfully pass the examination given by the board to applicants for licensure or such other competency examination as the board may choose.
History: L. 1923, ch. 220, § 13; R.S. 1923, 65-1509; L. 1951, ch. 360, § 2; L. 1960, ch. 50, § 1; L. 1975, ch. 317, § 1; L. 1975, ch. 318, § 6; L. 1979, ch. 192, § 2; L. 1990, ch. 223, § 5; L. 1999, ch. 23, § 4; L. 2003, ch. 46, § 2; L. 2005, ch. 93, § 2; L. 2012, ch. 8, § 4; July 1.
§ 65-1509a Continuing education requirements
In addition to the payment of the license renewal fee, each licensee applying for license renewal shall furnish to the secretary of the board satisfactory evidence of successfully completing a minimum of 24 hours of continuing education annually, five hours of which shall relate to ocular pharmacology, therapeutics or related topics of study, approved by the board in the year just preceding such application for the renewal of the license. The board, in its discretion, may increase the required hours of continuing education by rules and regulations adopted by the board. On or before April 1 of each year, the secretary of the board shall send a written notice of continuing education requirements to this effect to every person holding a valid license to practice optometry within the state as provided in subsection (a) of K.S.A. 65-1509, and amendments thereto.
History: L. 1939, ch. 240, § 7; L. 1975, ch. 318, § 7; L. 1987, ch. 235, § 4; L. 1990, ch. 223, § 6; L. 1999, ch. 23, § 5; L. 2012, ch. 8, § 5; July 1.
§ 65-1510 Repealed
History: L. 1923, ch. 220, § 14; R.S. 1923, 65-1510; L. 1939, ch. 240, § 4; L. 1975, ch. 318, § 8; Repealed, L. 1990, ch. 223, § 22; July 1.
§ 65-1511 Partial invalidity of act
In case for any reason any paragraph or any provision of this act shall be questioned in any court of last resort, and shall be held by such court to be unconstitutional or invalid, the same shall not be held to affect any other paragraph or provision of this act.
History: L. 1923, ch. 220, § 16; June 9; R.S. 1923, 65-1511.
§ 65-1512 Title of act
This act shall be known and may be cited as the optometry law.
History: L. 1923, ch. 220, § 16; R.S. 1923, 65-1512; L. 1990, ch. 223, § 7; July 1.
§ 65-1513 Violation of act
Any person who violates any of the provisions of this act shall be guilty of a class C misdemeanor for the first offense, and for the second and each subsequent offense shall be guilty of a class B misdemeanor. It is the duty of the respective county and district attorneys to prosecute all violators of this act.
History: L. 1923, ch. 220, § 17; R.S. 1923, 65-1513; L. 1973, ch. 134, § 51; L. 1974, ch. 295, § 4; L. 1978, ch. 105, § 19; L. 1990, ch. 223, § 8; July 1.
§ 65-1514 Act supplemental
The provisions of K.S.A. 65-1501a, 65-1504b, 65-1509a and 65-1516 to 65-1526, inclusive, and amendments thereto, are a part of and supplemental to the optometry law.
History: L. 1975, ch. 318, § 10; L. 1990, ch. 223, § 9; L. 2012, ch. 8, § 6; July 1.
§ 65-1515 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions
(a) No person reporting to the board of examiners in optometry under oath and in good faith any information such person may have relating to alleged incidents of malpractice or the qualifications, fitness or character of a person licensed to practice optometry 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 optometrists 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 any licensee to the board of examiners in optometry 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.
(c) This section shall be a part of and supplemental to the optometry law.
History: L. 1976, ch. 261, § 2; July 1.
§ 65-1516 Professional incompetence; unprofessional conduct; defined
As used in this act:
(a) "Professional incompetence" means:
(1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence as determined by the board.
(2) Repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board.
(3) A pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to practice optometry.
(b) "Unprofessional conduct" means:
(1) Using fraudulent or false advertisement.
(2) Engaging in the practice of optometry as an agent or employee of a person not licensed under the optometry law.
(3) Conduct likely to deceive, defraud or harm the public.
(4) Making a false or misleading statement regarding the licensee's skill or the efficacy or value of the drug, treatment or remedy prescribed by the licensee or at the licensee's direction.
(5) Aiding or abetting the practice of optometry by an unlicensed, incompetent or impaired person.
(6) Allowing another person or organization to use the licensee's license to practice optometry.
(7) Commission of any act of sexual abuse, misconduct or exploitation related to the licensee's professional practice.
(8) The use of any false, fraudulent or deceptive statement in any document connected with the practice of optometry.
(9) Obtaining any fee by fraud, deceit or misrepresentation.
(10) Directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, other than through the legal functioning of lawful professional partnerships, corporations or associations.
(11) Performing unnecessary tests, examinations or services which have no legitimate optometric purpose.
(12) Charging an excessive fee for services rendered.
(13) Prescribing, dispensing, administering, distributing a prescription drug or substances, in an excessive, improper or inappropriate manner or quantity or not in the course of the licensee's professional practice.
(14) Repeated failure to practice optometry with that level of care, skill and treatment which is recognized by a reasonably prudent similar practitioner as being acceptable under similar conditions and circumstances.
(15) Failure to keep written optometry records which describe the services rendered to the patient, including patient histories, pertinent findings, examination results and test results.
(16) Delegating professional responsibilities to a person when the licensee knows or has reason to know that such person is not qualified by training, experience or licensure to perform them.
(17) Using experimental forms of therapy without proper informed patient consent, without conforming to generally accepted criteria or standard protocols, without keeping detailed legible records or without having periodic analysis of the study and results reviewed by a committee of peers.
(18) Allowing improper interference with the licensee's professional judgment in providing patient care.
(19) Allowing optometric services to be provided by a person or entity not qualified to do so under state law.
(20) Failure to disclose to the patient the identity of the licensee who performs optometric services before the time optometric services are performed.
(21) Failure to maintain minimum standards for ophthalmic goods and services provided by the licensee determined by rules and regulations of the board.
(22) Willful betrayal of a patient's confidence.
(23) Prescribing, purchasing, administering, selling or giving away prescription drugs, including a controlled substance, for other than legal and legitimate purposes.
History: L. 1990, ch. 223, § 12; L. 1999, ch. 23, § 6; April 1.
§ 65-1517 Revocation, suspension or limitation of license; censure; grounds
A licensee's license may be revoked, suspended or limited, or the licensee may be publicly or privately censured, upon a finding of the existence of any of the following grounds:
(a) The licensee has committed fraud or misrepresentation in applying for or securing an original or renewal license.
(b) The licensee has committed an act of unprofessional conduct or professional incompetence.
(c) The licensee has been convicted of a felony, whether or not related to the practice of optometry.
(d) The licensee has used fraudulent or false advertisements.
(e) The licensee has willfully or repeatedly violated the optometry law, the pharmacy act of the state of Kansas or the uniform controlled substances act, or any rules and regulations adopted pursuant thereto.
(f) The licensee has violated an order of the board.
(g) The licensee has failed to pay renewal fees specified in this act.
(h) The licensee has failed to comply with the annual continuing education requirements as required by this act and the board.
(i) The licensee has engaged in the practice of optometry under a false or assumed name, or the impersonation of another practitioner. The provisions of this subsection relating to an assumed name shall not apply to licensees practicing under a professional corporation or other legal entity duly authorized to provide such professional services in the state of Kansas.
(j) The licensee has the inability to perform optometry practice acts with reasonable skill and safety to patients by reason of illness, alcoholism, excessive use of drugs, controlled substances, chemical or any other type of material or as a result of any mental or physical condition. In determining whether or not such inability exists, the board, upon probable cause, shall have authority to compel a licensee to submit to mental or physical examination by such persons as the board may designate. The licensee shall submit to the board a release of information authorizing the board to obtain a report of such examination. A person affected by this subsection shall be offered, at reasonable intervals an opportunity to demonstrate that such person can resume the competent practice of optometry with reasonable skill and safety to patients. For the purpose of this subsection, every person licensed to practice optometry and who shall accept the privilege to practice optometry in this state by so practicing or by the making and filing of an annual renewal to practice optometry in this state shall be deemed to have consented to submit to a mental and physical examination when directed in writing by the board and further to have waived all objections to the admissibility of the testimony or examination report of the person conducting such examination at any proceeding or hearing before the board on the grounds that such testimony or examination report constitutes a privileged communication. In any proceeding by the board pursuant to the provisions of this subsection, the record of such board proceedings involving the mental and physical examination shall not be used in any other administrative or judicial proceeding.
(k) The licensee has had a license to practice optometry revoked, suspended or limited, has been censured or has had other disciplinary action taken, or an application for a license denied, by the proper licensing authority of another state, territory, District of Columbia, or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
(l) The licensee has violated any lawful rules and regulations promulgated by the board or violated any lawful order or directive of the board previously entered by the board.
(m) The licensee has cheated on or attempted to subvert the validity of the examination for a license.
(n) The licensee has been found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or incompetent to stand trial by a court of competent jurisdiction.
(o) The licensee has violated a federal law or regulation relating to controlled substances.
(p) The licensee has failed to furnish the board, or its investigators or representatives, any information legally requested by the board.
(q) Sanctions or disciplinary actions have been taken against the licensee by a peer review committee, health care facility or a professional association or society for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.
(r) The licensee has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a peer review body, a health care facility, a professional association or society, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.
(s) The licensee has surrendered a license or authorization to practice optometry in another state or jurisdiction or has surrendered the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.
(t) The licensee has failed to report to the board surrender of the licensee's license or authorization to practice optometry in another state or jurisdiction or surrender of the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct which would constitute grounds for disciplinary action under this section.
(u) The licensee has an adverse judgment, award or settlement against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.
(v) The licensee has failed to report to the board any adverse judgment, settlement or award against the licensee resulting from a malpractice liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.
(w) The licensee has failed to maintain a policy of professional liability insurance as required by K.S.A. 40-3402 or 40-3403a, and amendments thereto, or pay the annual premium as required by K.S.A. 40-3404, and amendments thereto.
(x) The licensee has knowingly submitted any misleading, deceptive, false or fraudulent representation on a claim form bill or statement.
(y) The licensee has failed to provide to a patient the patient's written prescription for lenses for eyeglasses subsequent to the completion of the eye examination in accordance with applicable state or federal law.
History: L. 1990, ch. 223, § 13; L. 1995, ch. 251, § 34; L. 2012, ch. 8, § 7; July 1.
§ 65-1518 Administrative proceedings; procedure; review; civil enforcement; costs
(a) All administrative proceedings provided for by article 15 of chapter 65 of the Kansas Statutes Annotated and affecting any licensee licensed under that article shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Judicial review and civil enforcement of any agency action under article 15 of chapter 65 of the Kansas Statutes Annotated shall be in accordance with the Kansas judicial review act.
(c) If any order of the board in any administrative proceedings provided for by article 15 of chapter 65 of the Kansas Statutes Annotated is adverse to the licensee the costs incurred by the board in conducting any proceeding under the Kansas administrative procedure act may be assessed against the parties to the proceeding in such proportion as the board may determine upon consideration of all relevant circumstances, including the nature of the proceeding and the level of participation by the parties. If the board is the unsuccessful party, the costs shall be paid from the optometry fee fund. For purposes of this subsection, costs incurred shall mean the presiding officer fees and expenses, costs of making any transcripts, witness fees and expenses, mileage, travel allowances and subsistence expenses of board employees and fees and expenses of agents of the board who provide services pursuant to K.S.A. 74-1504, and amendments thereto. Costs incurred shall not include presiding officer fees and expenses or costs of making and preparing the record unless the board has designated or retained the services of independent contractors to perform such functions. The board shall make any assessment of costs incurred as part of the final order rendered in the proceeding. Such order shall include findings and conclusions in support of the assessment of costs.
History: L. 1990, ch. 223, § 14; L. 2010, ch. 17, § 133; L. 2012, ch. 8, § 8; July 1.
§ 65-1519 Federal trade regulations; defense of certain acts
The board shall not suspend, limit, restrict or revoke, the license of a licensee or privately or publicly censure a licensee for any reason or conduct for which a defense is provided for in title 16, part 456 of the code of federal regulations and amendments thereto from and after the date such trade regulation rule becomes effective.
History: L. 1990, ch. 223, § 15; July 1.
§ 65-1520 Mental or physical examination of licensee; computation of time limit for hearing
Whenever the board directs, pursuant to subsection (j) of K.S.A. 65-1517, that a licensee submit to a mental or physical examination, the time from the date of the board's directive until the submission to the board of the report of the examination shall not be included in the computation of the time limit for hearing prescribed by the Kansas administrative procedure act.
History: L. 1990, ch. 223, § 16; July 1.
§ 65-1521 Reinstatement of license after revocation
At any time after the expiration of one year, application may be made for reinstatement of any licensee whose license shall have been revoked, and such application shall be addressed to the secretary-treasurer of the board. The board may promulgate such rules and regulations concerning notice and hearing of such application as are deemed necessary.
History: L. 1990, ch. 223, § 17; July 1.
§ 65-1522 Professional corporations, limited liability company, associations, sole practitioners; practice locations, franchise agreements
(a) A licensee may practice optometry under the name of a professional corporation, authorized by K.S.A. 17-2706, and amendments thereto, or a limited liability company authorized by K.S.A. 17-7668, and amendments thereto. Such professional corporate name or limited liability company name may contain a trade name or assumed name approved by the board.
(b) A licensee may practice as a sole practitioner or may associate with other licensees or health care providers licensed under the laws of the state of Kansas and may practice optometry as a sole practitioner or in such associations under a trade or assumed name approved by the board.
(c) A licensee may practice in a medical facility, medical care facility or a governmental institution or agency.
(d) A licensee shall not be limited in the number of locations from which the licensee may engage in the practice of optometry pursuant to subsections (a), (b) and (c).
(e) In all office locations a licensee shall:
(1) Provide adequate staff during the hours of its operation and shall provide the necessary optometric equipment to enable a licensee to provide adequate optometric care on the premises; and
(2) provide that there shall be present at the office location a person licensed by optometry law when optometric practice acts requiring a license are performed at the office location.
(f) Nothing herein contained shall be construed to permit the franchised practice of optometry except that a licensee may purchase a franchise to engage in the business of optical dispensing separate and apart from any of the licensee's offices for the practice of optometry so long as the terms of the franchise agreement do not violate the optometry law.
History: L. 1990, ch. 223, § 18; L. 1996, ch. 95, § 6; L. 1999, ch. 23, § 7; L. 1999, ch. 152, § 1; January 1, 2000.
§ 65-1523 Injunctive relief for violations of act, rules and regulations
The board in its discretion, in addition to any other remedies provided in this act, may apply to a court of competent jurisdiction for injunctive relief to restrain violations of the provisions of this act, lawful rules and regulations promulgated by the board under authority of this act.
History: L. 1990, ch. 223, § 19; July 1.
§ 65-1524 Practice of optometry by corporation or limited liability company prohibited, exceptions
Nothing contained herein shall be construed to allow a corporation except as provided in K.S.A. 17-2706, and amendments thereto, or a limited liability company except as provided in K.S.A. 17-7668, and amendments thereto to practice, offer, or undertake to practice or hold itself out as practicing optometry.
History: L. 1990, ch. 223, § 20; L. 1999, ch. 23, § 8; L. 1999, ch. 152, § 2; January 1, 2000.
§ 65-1525 Confidentiality of communications
The confidential communications between a licensed optometrist and the optometrist's patient are placed on the same basis of confidentiality as provided by law for communications between a physician and the physician's patients.
History: L. 1990, ch. 223, § 21; July 1.
§ 65-1526 Civil fine
Upon a finding of the existence of any of the grounds listed in K.S.A. 65-1517, and amendments thereto, or upon a finding of any violation of the optometry law, in lieu of or in addition to any other action, the board may access a civil fine not in excess of $10,000 against a licensee. All fines collected pursuant to 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 and of the amount so remitted, an amount equal to the board's actual costs, including attorney fees, related to fine assessment and enforcement, as certified by the president of the board to the state treasurer, shall be credited to the optometry board fee fund and the balance shall be credited to the state general fund.
History: L. 1999, ch. 23, § 9; L. 2001, ch. 5, § 227; July 1.
Article 16 Regulation of Pharmacists
§ 65-1601 Repealed
History: L. 1885, ch. 150, § 1; R.S. 1923, 65-1601; Repealed, L. 1953, ch. 290, § 37; August 1.
§ 65-1602 Repealed
History: L. 1885, ch. 150, § 3; R.S. 1923, 65-1602; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1603 Repealed
History: L. 1887, ch. 174, § 5; L. 1921, ch. 268, § 1; R.S. 1923, 65-1603; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1604 Repealed
History: L. 1921, ch. 269, § 1; R.S. 1923, 65-1604; Repealed, L. 1953, ch. 290, § 38; July 1.
§§ 65-1605, 65-1606 Repealed
History: L. 1921, ch. 269, §§ 2, 3; R.S. 1923, 65-1605, 65-1606; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1607 Repealed
History: L. 1913, ch. 186, § 2; L. 1921, ch. 268, § 2; R.S. 1923, 65-1607; L. 1929, ch. 216, § 1; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1608 Repealed
History: L. 1921, ch. 268, § 3; R.S. 1923, 65-1608; L. 1929, ch. 216, § 2; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1609 Repealed
History: L. 1913, ch. 186, § 3; R.S. 1923, 65-1609; Repealed, L. 1953, ch. 290, § 37; August 1.
§§ 65-1610, 65-1611 Repealed
History: L. 1913, ch. 186, §§ 4, 5; R.S. 1923, 65-1610, 65-1611; Repealed, L. 1953, ch. 290, § 38; July 1.
§§ 65-1612, 65-1613 Repealed
History: L. 1913, ch. 186, §§ 6, 7; R.S. 1923, 65-1612, 65-1613; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1614 Repealed
History: L. 1913, ch. 186, § 8; R.S. 1923, 65-1614; Repealed, L. 1953, ch. 290, § 37; August 1.
§§ 65-1615, 65-1616 Repealed
History: L. 1887, ch. 174, §§ 6, 7; R.S. 1923, 65-1615, 65-1616; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1617 Repealed
History: L. 1887, ch. 174, § 8; R.S. 1923, 65-1617; Repealed, L. 1943, ch. 269, § 28; June 30.
§ 65-1618 Repealed
History: L. 1887, ch. 174, § 9; R.S. 1923, 65-1618; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1619 Repealed
History: L. 1885, ch. 150, § 13; R.S. 1923, 65-1619; Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1620 Repealed
History: L. 1897, ch. 164, § 1; L. 1921, ch. 270, § 1; R.S. 1923, 65-1620; Repealed, L. 1953, ch. 290, § 38; July 1.
§§ 65-1621 through 65-1623 Repealed
History: L. 1933, ch. 87, §§ 1 to 3 (Special Session); Repealed, L. 1953, ch. 290, § 38; July 1.
§ 65-1624 Repealed
History: L. 1953, ch. 290, § 1; Repealed, L. 1975, ch. 319, § 47; July 1.
§ 65-1625 Title of act
This act shall be known and may be cited as the pharmacy act of the state of Kansas.
History: L. 1953, ch. 290, § 2; L. 1975, ch. 319, § 1; July 1.
§ 65-1626 Definitions
As used in the pharmacy act of the state of Kansas:
(a) "Address" means, with respect to prescriptions, the physical address where a patient resides, including street address, city and state.
(b) "Administer" means the direct application of a drug, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:
(1) A practitioner or pursuant to the lawful direction of a practitioner;
(2) the patient or research subject at the direction and in the presence of the practitioner; or
(3) a pharmacist as authorized in K.S.A. 65-1635a, and amendments thereto, or K.S.A. 2025 Supp. 65-16,129, and amendments thereto.
(c) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, repackager, wholesale distributor, third-party logistics provider or dispenser but does not include a common carrier, public warehouseman or employee of the carrier or warehouseman when acting in the usual and lawful course of the carrier's or warehouseman's business.
(d) "Automated dispensing system" means a robotic or mechanical system controlled by a computer that:
(1) Performs operations or activities, other than compounding or administration, relative to the storage, packaging, labeling, dispensing or distribution of drugs;
(2) collects, controls and maintains all transaction information; and
(3) operates in accordance with the board's rules and regulations.
(e) "Biological product" means the same as defined in 42 U.S.C. § 262(i), as in effect on January 1, 2017.
(f) "Board" means the state board of pharmacy created by K.S.A. 74-1603, and amendments thereto.
(g) "Brand exchange," in the case of a drug prescribed, means the dispensing of a different drug product of the same dosage form and strength and of the same generic name as the brand name drug product prescribed, and in the case of a biological product prescribed, means the dispensing of an interchangeable biological product.
(h) "Brand name" means the registered trademark name given to a drug product by its manufacturer, labeler or distributor.
(i) "Co-licensed partner" means a person or pharmaceutical manufacturer that has entered into an agreement with another pharmaceutical manufacturer or an affiliate of the manufacturer to engage in a business activity or occupation related to the manufacture or distribution of a product.
(j) "Common carrier" means any person who undertakes, whether directly or by any other arrangement, to transport property, including drugs, for compensation.
(k) (1) "Compounding" means the combining of components into a compounded preparation under either of the following conditions:
(A) As the result of a practitioner's prescription drug order or initiative based on the practitioner-patient-pharmacist relationship in the course of professional practice to meet the specialized medical need of an individual patient of the practitioner that cannot be filled by an FDA-approved drug; or
(B) for the purpose of, or incidental to, research, teaching or chemical analysis, and not for sale or dispensing.
(2) Compounding includes the preparation of drugs or devices in anticipation of receiving prescription drug orders based on routine, regularly observed prescribing patterns.
(3) Compounding does not include reconstituting any mixed drug according to the FDA-approved labeling for the drug.
(l) "Current good manufacturing practices" or "CGMP" means the requirements for ensuring that drugs and drug products are consistently manufactured, repackaged, produced, stored and dispensed in accordance with 21 C.F.R. §§ 207, 210 and 211.
(m) "DEA" means the United States department of justice, drug enforcement administration.
(n) "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another of any drug whether or not an agency relationship exists.
(o) "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including a component part or accessory that:
(1) (A) Is recognized in the official national formulary, or the United States pharmacopoeia, or any supplement thereof;
(B) is intended for use in the diagnosis of disease or other conditions;
(C) is used for the cure, mitigation, treatment or prevention of disease in human or other animals; or
(D) is intended to affect the structure or any function of the body of human or other animals; and
(2) (A) does not achieve its primary intended purposes through chemical action within or on the body of human or other animals; and
(B) is not dependent upon being metabolized for the achievement of any of its primary intended purposes.
(p) "Direct supervision" means the process by which the responsible pharmacist shall observe and direct the activities of a pharmacist intern or pharmacy technician, be readily and immediately available at all time activities are performed, provide personal assistance, direction and approval throughout the time the activities are performed and complete the final check before dispensing.
(q) "Dispense" or "dispensing" means to deliver prescription medication to the ultimate user or research subject by or pursuant to the lawful order of a practitioner or pursuant to the prescription of a mid-level practitioner, including, but not limited to, delivering prescription medication to a patient by mail, common carrier, personal delivery or third-party delivery to any location requested by the patient.
(r) "Dispenser" means:
(1) A practitioner or pharmacist who dispenses prescription drugs or devices or a physician assistant who has authority to dispense prescription-only drugs in accordance with K.S.A. 65-28a08(b), and amendments thereto; or
(2) a retail pharmacy, hospital pharmacy or group of pharmacies under common ownership and control that do not act as a wholesale distributor.
(s) "Distribute" or "distribution" means to deliver, offer to deliver, sell, offer to sell, purchase, trade, transfer, broker, give away, handle, store or receive, other than by administering or dispensing, any product, but does not include dispensing a product pursuant to a prescription executed in accordance with 21 U.S.C. § 353 or the dispensing of a product approved under 21 U.S.C. § 360b.
(t) "Distributor" means a person or entity that distributes a drug or device.
(u) "Diversion" means the transfer of a controlled substance from a lawful to an unlawful channel of distribution or use.
(v) "Drop shipment" means the sale, by a manufacturer, repackager or exclusive distributor, of the manufacturer's prescription drug to a wholesale distributor whereby the wholesale distributor takes title but not possession of such prescription drug and the wholesale distributor invoices the dispenser, and the dispenser receives delivery of the prescription drug directly from the manufacturer, repackager, third-party logistics provider or exclusive distributor, of such prescription drug.
(w) "Drug" means articles:
(1) Recognized in the official United States pharmacopeia, or other such official compendiums of the United States, or official national formulary, or any supplement to any of them;
(2) intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in human or other animals;
(3) other than food, intended to affect the structure or any function of the body of human or other animals; and
(4) intended for use as a component of any articles specified in paragraph (1), (2) or (3); but does not include devices or their components, parts or accessories, except that the term "drug" does not include amygdalin (laetrile) or any livestock remedy, if such livestock remedy had been registered in accordance with the provisions of article 5 of chapter 47 of the Kansas Statutes Annotated, prior to its repeal.
(x) "Durable medical equipment" means equipment that:
(1) Provides therapeutic benefits or enables an individual to perform certain tasks that the individual is unable to otherwise undertake due to certain medical conditions or illnesses;
(2) is primarily and customarily used to serve a medical purpose;
(3) generally is not useful to a person in the absence of an illness or injury;
(4) can withstand repeated use;
(5) is appropriate for use in the home, long-term care facility or medical care facility, but may be transported to other locations to allow the individual to complete instrumental activities of daily living that are more complex tasks required for independent living; and
(6) may include devices and medical supplies or other similar equipment determined by the board in rules and regulations adopted by the board.
(y) "Electronic prescription" means an electronically prepared prescription that is authorized and transmitted from the prescriber to the pharmacy by means of electronic transmission.
(z) "Electronic prescription application" means software that is used to create electronic prescriptions and that is intended to be installed on the prescriber's computers and servers where access and records are controlled by the prescriber.
(aa) "Electronic signature" means a confidential personalized digital key, code, number or other method for secure electronic data transmissions that identifies a particular person as the source of the message, authenticates the signatory of the message and indicates the person's approval of the information contained in the transmission.
(bb) "Electronic transmission" means the transmission of an electronic prescription, formatted as an electronic data file, from a prescriber's electronic prescription application to a pharmacy's computer, where the data file is imported into the pharmacy prescription application.
(cc) "Electronically prepared prescription" means a prescription that is generated using an electronic prescription application.
(dd) "Exclusive distributor" means the wholesale distributor that directly purchased the product from the manufacturer and is the sole distributor of that manufacturer's product to a subsequent repackager, wholesale distributor or dispenser.
(ee) "FDA" means the United States department of health and human services, food and drug administration.
(ff) "Facsimile transmission" or "fax transmission" means the transmission of a digital image of a prescription from the prescriber or the prescriber's agent to the pharmacy. "Facsimile transmission" includes, but is not limited to, transmission of a written prescription between the prescriber's fax machine and the pharmacy's fax machine; transmission of an electronically prepared prescription from the prescriber's electronic prescription application to the pharmacy's fax machine, computer or printer; or transmission of an electronically prepared prescription from the prescriber's fax machine to the pharmacy's fax machine, computer or printer.
(gg) "Generic name" means the established chemical name or official name of a drug or drug product.
(hh) "Healthcare entity" means any person that provides diagnostic, medical, surgical or dental treatment or rehabilitative care but does not include any retail pharmacy or wholesale distributor.
(ii) (1) "Institutional drug room" means any location where prescription-only drugs are stored and from which prescription-only drugs are administered or dispensed and that is maintained or operated for the purpose of providing the drug needs of:
(A) Inmates of a jail or correctional institution or facility;
(B) residents of a juvenile correctional facility or juvenile detention facility, as defined in K.S.A. 38-2302, and amendments thereto;
(C) students of a public or private university or college, a community college or any other institution of higher learning that is located in Kansas;
(D) employees of a business or other employer; or
(E) persons receiving inpatient hospice services.
(2) "Institutional drug room" does not include:
(A) Any registered pharmacy;
(B) any office of a practitioner; or
(C) a location where no prescription-only drugs are dispensed and no prescription-only drugs other than individual prescriptions are stored or administered.
(jj) "Interchangeable biological product" means a biological product that the FDA has identified in the "purple book: lists of licensed biological products with reference product exclusivity and biosimilarity or interchangeability evaluations" as meeting the standards for "interchangeability" as defined in 42 U.S.C. § 262(k), as in effect on January 1, 2017.
(kk) "Intracompany transaction" means any transaction or transfer between any division, subsidiary, parent or affiliated or related company under common ownership or control of a corporate entity, or any transaction or transfer between co-licensed partners.
(ll) "Label" means a display of written, printed or graphic matter upon the immediate container of any drug.
(mm) "Labeling" means the process of preparing and affixing a label to any drug container, exclusive of the labeling by a manufacturer, packer or distributor of a non-prescription drug or commercially packaged legend drug.
(nn) "Fingerprint candidate" means a person who has made an original application for or reinstatement of any license, registration, permit or certificate under this act or a person who currently holds a license, registration, permit or certificate under this act.
(oo) "Long-term care facility" means "nursing facility," as defined in K.S.A. 39-923, and amendments thereto.
(pp) "Medical care facility" means the same as defined in K.S.A. 65-425, and amendments thereto, and also includes psychiatric hospitals and psychiatric residential treatment facilities as defined by K.S.A. 39-2002, and amendments thereto.
(qq) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical or biological synthesis or by a combination of extraction and chemical or biological synthesis or the packaging or repackaging of the drug or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a drug by an individual for the individual's own use or the preparation, compounding, packaging or labeling of a drug by:
(1) A practitioner or a practitioner's authorized agent incident to such practitioner's administering or dispensing of a drug in the course of the practitioner's professional practice;
(2) a practitioner, by a practitioner's authorized agent or under a practitioner's supervision for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale; or
(3) a pharmacist or the pharmacist's authorized agent acting under the direct supervision of the pharmacist for the purpose of, or incident to, the dispensing of a drug by the pharmacist.
(rr) "Manufacturer" means:
(1) A person that holds an application approved under section 505 of the federal food, drug and cosmetic act or a license issued under section 351 of the federal public health service act for such drug or, if such drug is not the subject of an approved application or license, the person who manufactured the drug;
(2) a co-licensed partner of the person described in paragraph (1) that obtains the drug directly from a person described in paragraph (1) or (3); or
(3) an affiliate of a person described in paragraph (1) or (2) that receives the product directly from a person described in paragraph (1) or (2).
(ss) "Medication order" means a written or oral order by a prescriber or the prescriber's authorized agent for administration of a drug or device to a patient in a Kansas licensed medical care facility or in a Kansas licensed nursing facility or nursing facility for mental health, as such terms are defined by K.S.A. 39-923, and amendments thereto.
(tt) "Mid-level practitioner" means a certified nurse-midwife engaging in the independent practice of midwifery under the independent practice of midwifery act, an advanced practice registered nurse issued a license pursuant to K.S.A. 65-1131, and amendments thereto, who has authority to prescribe drugs under K.S.A. 65-1130, and amendments thereto, or a physician assistant licensed pursuant to the physician assistant licensure act who has authority to prescribe drugs pursuant to a written agreement with a supervising physician under K.S.A. 65-28a08, and amendments thereto.
(uu) "Nonresident pharmacy" means a pharmacy located outside of Kansas.
(vv) "Outsourcing facility" means a facility at one geographic location or address that is engaged in the compounding of sterile drugs and has registered with the FDA as an outsourcing facility pursuant to 21 U.S.C. § 353b.
(ww) "Person" means individual, corporation, government, governmental subdivision or agency, partnership, association or any other legal entity.
(xx) "Pharmacist" means any natural person licensed under this act to practice pharmacy.
(yy) "Pharmacist-in-charge" means the pharmacist who is responsible to the board for a registered establishment's compliance with the laws and regulations of this state pertaining to the practice of pharmacy, manufacturing of drugs and the distribution of drugs. The pharmacist-in-charge shall supervise such establishment on a full-time or a part-time basis and perform such other duties relating to supervision of a registered establishment as may be prescribed by the board by rules and regulations. Nothing in this definition shall relieve other pharmacists or persons from their responsibility to comply with state and federal laws and regulations.
(zz) "Pharmacist intern" or "intern" means:
(1) A student currently enrolled in and in good standing with an accredited pharmacy program;
(2) a graduate of an accredited pharmacy program serving an internship; or
(3) a graduate of a pharmacy program located outside of the United States that is not accredited and who has successfully passed equivalency examinations approved by the board.
(aaa) "Pharmacy," "drugstore" or "apothecary" means premises, laboratory, area or other place, including any electronic medium:
(1) Where drugs are offered for sale where the profession of pharmacy is practiced and where prescriptions are compounded and dispensed;
(2) that has displayed upon it or within it the words "pharmacist," "pharmaceutical chemist," "pharmacy," "apothecary," "drugstore," "druggist," "drugs," "drug sundries" or any of these words or combinations of these words or words of similar import in any language or on any sign containing any of these words as used in the context of health, medical or pharmaceutical care or services; or
(3) where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" may be exhibited in the context of health, medical or pharmaceutical care or services. As used in this subsection, premises refers only to the portion of any building or structure leased, used or controlled by the licensee in the conduct of the business registered by the board at the address for which the registration was issued.
(bbb) "Pharmacy prescription application" means software that is used to process prescription information and is either installed on a pharmacy's computers or servers and is controlled by the pharmacy or is maintained on the servers of an entity that sells electronic pharmacy prescription applications as a hosted service where the entity controls access to the application and maintains the software and records on its server.
(ccc) "Pharmacy technician" means an individual who, under the direct supervision and control of a pharmacist, may perform packaging, manipulative, repetitive or other nondiscretionary tasks related to the processing of a prescription or medication order and who assists the pharmacist in the performance of pharmacy-related duties, but who does not perform duties restricted to a pharmacist.
(ddd) "Practitioner" means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist or scientific investigator or other person authorized by law to use a prescription-only drug in teaching or chemical analysis or to conduct research with respect to a prescription-only drug.
(eee) "Preceptor" means a licensed pharmacist who possesses at least two years' experience as a pharmacist and who supervises and is responsible for the actions of pharmacist interns obtaining pharmaceutical experience.
(fff) "Prescriber" means a practitioner or a mid-level practitioner.
(ggg) "Prescription" or "prescription order" means the front and back of a lawful written, electronic or facsimile order from a prescriber or an oral order from a prescriber or the prescriber's authorized agent that communicates the prescriber's instructions for a prescription drug or device to be dispensed.
(hhh) "Prescription medication" means any drug, including label and container according to context, that is dispensed pursuant to a prescription order.
(iii) "Prescription-only drug" means any drug whether intended for use by human or animal, required by federal or state law, including 21 U.S.C. § 353, to be dispensed only pursuant to a written or oral prescription or order of a practitioner or is restricted to use by practitioners only.
(jjj) "Probation" means the practice or operation under a temporary license, registration or permit or a conditional license, registration or permit of a business or profession for which a license, registration or permit is granted by the board under the provisions of the pharmacy act of the state of Kansas requiring certain actions to be accomplished or certain actions not to occur before a regular license, registration or permit is issued.
(lll) "Product" means the same as defined by part H of the federal drug supply chain security act, 21 U.S.C. § 351 et seq. and 21 U.S.C. § 360eee.
(mmm) "Professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicable standard of pharmaceutical care to a degree that constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable standard of pharmaceutical care to a degree that constitutes ordinary negligence, as determined by the board; or
(3) a pattern of pharmacy practice or other behavior that demonstrates a manifest incapacity or incompetence to practice pharmacy.
(nnn) "Readily retrievable" or "readily available" means that records kept in hard copy or by automatic data processing applications or other electronic or mechanized record-keeping systems can be separated out from all other records quickly and easily during an inspection or investigation, or within a reasonable time not to exceed 48 hours of a written request from the board or other authorized agent.
(ooo) "Repackage" means changing the container, wrapper, quantity or label of a drug to further the distribution of the drug.
(ppp) "Repackager" means a person who owns or operates a facility that repackages.
(qqq) "Retail dealer" means a person selling at retail nonprescription drugs that are prepackaged, fully prepared by the manufacturer or distributor for use by the consumer and labeled in accordance with the requirements of the state and federal food, drug and cosmetic acts. Such nonprescription drugs shall not include: (1) A controlled substance; (2) a prescription-only drug; or (3) a drug intended for human use by hypodermic injection.
(rrr) "Reverse distributor" means a person who owns or operates an establishment that disposes of or otherwise processes saleable or nonsaleable products received from an authorized trading partner such that the product may be processed for credit to the purchaser, manufacturer or seller or disposed of for no further distribution.
(sss) "Secretary" means the executive secretary of the board.
(ttt) "Third-party logistics provider" means an entity that provides or coordinates warehousing or other logistic services of a product in interstate commerce on behalf of a manufacturer, wholesale distributor or dispenser, but does not take ownership of the product or have responsibility to direct the sale or disposition of the product.
(uuu) "Trading partner" means:
(1) A manufacturer, repackager, wholesale distributor or dispenser from whom a manufacturer, repackager, wholesale distributor or dispenser accepts direct ownership of a product or to whom a manufacturer, repackager, wholesale distributor or dispenser transfers direct ownership of a product; or
(2) a third-party logistics provider from whom a manufacturer, repackager, wholesale distributor or dispenser accepts direct possession of a product or to whom a manufacturer, repackager, wholesale distributor or dispenser transfers direct possession of a product.
(vvv) "Transaction" means the transfer of product between persons in which a change of ownership occurs.
(www) "Unprofessional conduct" means:
(1) Fraud in securing a registration or permit;
(2) intentional adulteration or mislabeling of any drug, medicine, chemical or poison;
(3) causing any drug, medicine, chemical or poison to be adulterated or mislabeled, knowing the same to be adulterated or mislabeled;
(4) intentionally falsifying or altering records or prescriptions;
(5) unlawful possession of drugs and unlawful diversion of drugs to others;
(6) willful betrayal of confidential information under K.S.A. 65-1654, and amendments thereto;
(7) conduct likely to deceive, defraud or harm the public;
(8) making a false or misleading statement regarding the licensee's professional practice or the efficacy or value of a drug;
(9) commission of any act of sexual abuse, misconduct or exploitation related to the licensee's professional practice; or
(10) performing unnecessary tests, examinations or services that have no legitimate pharmaceutical purpose.
(xxx) "Vaccination protocol" means a written protocol, agreed to and signed by a pharmacist and a person licensed to practice medicine and surgery by the state board of healing arts, that establishes procedures and recordkeeping and reporting requirements for administering a vaccine by the pharmacist for a period of time specified therein, not to exceed two years.
(yyy) "Valid prescription order" means a prescription that is issued for a legitimate medical purpose by an individual prescriber licensed by law to administer and prescribe drugs and acting in the usual course of such prescriber's professional practice. A prescription issued solely on the basis of an internet-based questionnaire or consultation without an appropriate prescriber-patient relationship is not a valid prescription order.
(zzz) "Veterinary medical teaching hospital pharmacy" means any location where prescription-only drugs are stored as part of an accredited college of veterinary medicine and from which prescription-only drugs are distributed for use in treatment of or administration to a nonhuman.
(aaaa) "Virtual manufacturer" means an entity that engages in the manufacture of a drug or device for which it:
(1) Owns the new drug application or abbreviated new drug application number, if a prescription drug;
(2) owns the unique device identification number, as available, for a prescription device;
(3) contracts with a contract manufacturing organization for the physical manufacture of the drug or device;
(4) is not involved in the physical manufacture of the drug or device; and
(5) does not store or take physical possession of the drug or device.
(bbbb) "Virtual wholesale distributor" means a wholesale distributor that sells, brokers or transfers a drug or device but never physically possesses the product.
(cccc) "Wholesale distributor" means any person engaged in wholesale distribution or reverse distribution of drugs or devices, other than a manufacturer, co-licensed partner or third-party logistics provider.
(dddd) "Wholesale distribution" means the distribution or receipt of drugs or devices to or by persons other than consumers or patients, in which a change of ownership occurs. "Wholesale distribution" does not include:
(1) The dispensing of a drug or device pursuant to a prescription;
(2) the distribution of a drug or device or an offer to distribute a drug or device for emergency medical reasons, including a public health emergency declaration pursuant to section 319 of the public health service act, except that, for purposes of this paragraph, a drug or device shortage not caused by a public health emergency shall not constitute an emergency medical reason;
(3) intracompany distribution;
(4) the distribution of a drug or device, or an offer to distribute a drug or device, among hospitals or other healthcare entities under common control;
(5) the distribution of a drug or device, or the offer to distribute a drug or device, by a charitable organization described in section 501(c)(3) of the internal revenue code of 1986 to a nonprofit affiliate of the organization to the extent otherwise permitted by law;
(6) the distribution of an intravenous drug used to maintain the equilibrium of water and minerals in the body, such as dialysis solutions; or
(7) the sale or transfer from a retail pharmacy of expired, damaged, returned or recalled prescription drugs to the original manufacturer, originating wholesale distributor or to a reverse distributor registered in accordance with the board's rules and regulations.
History: L. 1953, ch. 290, § 3; L. 1975, ch. 319, § 2; L. 1977, ch. 217, § 1; L. 1978, ch. 242, § 1; L. 1978, ch. 243, § 1; L. 1979, ch. 193, § 1; L. 1982, ch. 182, § 138; L. 1986, ch. 235, § 1; L. 1986, ch. 231, § 9; L. 1986, ch. 236, § 1; L. 1987, ch. 235, § 5; L. 1987, ch. 236, § 1; L. 1988, ch. 297, § 2; L. 1989, ch. 193, § 1; L. 1989, ch. 192, § 2; L. 1989, ch. 192, § 3; L. 1991, ch. 272, § 10; L. 1996, ch. 229, § 118; L. 1997, ch. 112, § 1; L. 1999, ch. 38, § 1; L. 1999, ch. 149, § 6; L. 2000, ch. 89, § 1; L. 2000, ch. 159, § 10; L. 2001, ch. 31, § 1; L. 2002, ch. 25, § 2; L. 2003, ch. 124, § 8; L. 2006, ch. 169, § 117; L. 2007, ch. 177, § 30; L. 2011, ch. 114, § 55; L. 2012, ch. 107, § 1; L. 2012, ch. 166, § 11; L. 2014, ch. 131, § 4; L. 2015, ch. 46, § 2; L. 2016, ch. 92, § 99; L. 2017, ch. 34, § 1; L. 2019, ch. 52, § 7; L. 2021, ch. 106, § 6; L. 2022, ch. 65, § 2; L. 2024, ch. 15, § 49; July 1.
§ 65-1626a Practice of pharmacy defined; persons engaged as pharmacists
(a) For the purpose of the pharmacy act of the state of Kansas, the following individuals shall be deemed to be engaged in the practice of pharmacy:
(1) Individuals who publicly profess to be a pharmacist, or publicly profess to assume the duties incident to being a pharmacist and their knowledge of drugs or drug actions, or both; and
(2) individuals who attach to their name any words or abbreviation indicating that they are a pharmacist licensed to practice pharmacy in Kansas.
(b) As used in this section:
(1) "Practice of pharmacy" means:
(A) The interpretation and evaluation of prescription orders;
(B) the compounding, dispensing and labeling of drugs and devices pursuant to prescription orders;
(C) the administering of vaccine pursuant to a vaccination protocol;
(D) the participation in drug selection according to state law and participation in drug utilization reviews;
(E) the proper and safe storage of prescription drugs and prescription devices and the maintenance of proper records thereof in accordance with law;
(F) consultation with patients and other health care practitioners about the safe and effective use of prescription drugs and prescription devices;
(G) performance of collaborative drug therapy management pursuant to a written collaborative practice agreement with one or more physicians who have an established physician-patient relationship;
(H) participation in the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy; and
(I) initiation of therapy for the conditions specified in K.S.A. 2025 Supp. 65-16,131, and amendments thereto.
(2) "Collaborative drug therapy management" means a practice of pharmacy where a pharmacist performs certain pharmaceutical-related patient care functions for a specific patient which have been delegated to the pharmacist by a physician through a collaborative practice agreement. A physician who enters into a collaborative practice agreement is responsible for the care of the patient following initial diagnosis and assessment and for the direction and supervision of the pharmacist throughout the collaborative drug therapy management process. Nothing in this subsection shall be construed to permit a pharmacist to alter a physician's orders or directions, diagnose or treat any disease, independently prescribe drugs or independently practice medicine and surgery.
(3) "Collaborative practice agreement" means a written agreement or protocol between one or more pharmacists and one or more physicians that provides for collaborative drug therapy management. Such collaborative practice agreement shall contain certain specified conditions or limitations pursuant to the collaborating physician's order, standing order, delegation or protocol. A collaborative practice agreement shall be: (A) Consistent with the normal and customary specialty, competence and lawful practice of the physician; and (B) appropriate to the pharmacist's training and experience.
(4) "Physician" means a person licensed to practice medicine and surgery in this state.
(c) Nothing in this section shall be construed to:
(1) Add any additional requirements for registration or for a permit under the pharmacy act of the state of Kansas or for approval under K.S.A. 65-1643(g), and amendments thereto;
(2) prevent persons other than pharmacists from engaging in drug utilization review;
(3) require persons lawfully in possession of prescription drugs or prescription devices to meet any storage or record keeping requirements except such storage and record keeping requirements as may be otherwise provided by law; or
(4) affect any person consulting with a healthcare practitioner about the safe and effective use of prescription drugs or prescription devices.
History: L. 1997, ch. 112, § 4; L. 2000, ch. 118, § 2; L. 2014, ch. 49, § 1; L. 2022, ch. 74, § 2; July 1.
§ 65-1626b Repealed
History: L. 1953, ch. 290, § 3; L. 1975, ch. 319, § 2; L. 1977, ch. 217, § 1; L. 1978, ch. 242, § 1; L. 1978, ch. 243, § 1; L. 1979, ch. 193, § 1; L. 1982, ch. 182, § 138; L. 1986, ch. 235, § 1; L. 1986, ch. 231, § 9; L. 1986, ch. 236, § 1; L. 1987, ch. 235, § 5; L. 1987, ch. 236, § 1; L. 1988, ch. 297, § 2; L. 1989, ch. 193, § 1; L. 1989, ch. 192, § 2; L. 1989, ch. 192, § 3; L. 1991, ch. 272, § 10; L. 1996, ch. 229, § 118; L. 1997, ch. 112, § 1; L. 1999, ch. 38, § 1; L. 1999, ch. 149, § 6; L. 2000, ch. 162, § 18; Repealed, L. 2001, ch. 31, § 5; July 1.
§ 65-1626c Repealed
History: L. 1953, ch. 290, § 3; L. 1975, ch. 319, § 2; L. 1977, ch. 217, § 1; L. 1978, ch. 242, § 1; L. 1978, ch. 243, § 1; L. 1979, ch. 193, § 1; L. 1982, ch. 182, § 138; L. 1986, ch. 235, § 1; L. 1986, ch. 231, § 9; L. 1986, ch. 236, § 1; L. 1987, ch. 235, § 5; L. 1987, ch. 236, § 1; L. 1988, ch. 297, § 2; L. 1989, ch. 193, § 1; L. 1989, ch. 192, § 2; L. 1989, ch. 192, § 3; L. 1991, ch. 272, § 10; L. 1996, ch. 229, § 118; L. 1997, ch. 112, § 1; L. 1999, ch. 38, § 1; L. 1999, ch. 149, § 6; L. 2000, ch. 89, § 1; L. 2000, ch. 159, § 10; L. 2001, ch. 31, § 1; L. 2002, ch. 25, § 2; L. 2003, ch. 124, § 8; L. 2006, ch. 200, § 110; Repealed, L. 2007, ch. 177, § 36; May 17.
§ 65-1626d Repealed
History: L. 1953, ch. 290, § 3; L. 1975, ch. 319, § 2; L. 1977, ch. 217, § 1; L. 1978, ch. 242, § 1; L. 1978, ch. 243, § 1; L. 1979, ch. 193, § 1; L. 1982, ch. 182, § 138; L. 1986, ch. 235, § 1; L. 1986, ch. 231, § 9; L. 1986, ch. 236, § 1; L. 1987, ch. 235, § 5; L. 1987, ch. 236, § 1; L. 1988, ch. 297, § 2; L. 1989, ch. 193, § 1; L. 1989, ch. 192, § 2; L. 1989, ch. 192, § 3; L. 1991, ch. 272, § 10; L. 1996, ch. 229, § 118; L. 1997, ch. 112, § 1; L. 1999, ch. 38, § 1; L. 1999, ch. 149, § 6; L. 2000, ch. 89, § 1; L. 2000, ch. 159, § 10; L. 2001, ch. 31, § 1; L. 2002, ch. 25, § 2; L. 2003, ch. 124, § 8; L. 2006, ch. 169, § 117; L. 2007, ch. 195, § 34; Repealed, L. 2011, ch. 91, § 41; July 1.
§ 65-1627 Grounds for revocation, suspension, placement in probationary status, denial, temporary suspension or temporary limitation of license for pharmacist, permit for retail dealer or registration for pharmacy, manufacturer, distributor or logistics provider; emergency proceedings, procedure
(a) The board may deny an application or renewal, limit, condition, revoke, suspend or place in a probationary status the license of any pharmacist upon a finding that:
(1) The licensee has obtained, renewed or reinstated, or attempted to obtain, renew or reinstate, a license by false or fraudulent means, including misrepresentation of a material fact;
(2) the licensee has been convicted of a misdemeanor involving moral turpitude or gross immorality or any felony and the licensee fails to show that the licensee has been sufficiently rehabilitated to warrant the public trust;
(3) the licensee is found by the board to be guilty of unprofessional conduct or professional incompetency;
(4) the licensee is addicted to the liquor or drug habit to such a degree as to render the licensee unfit to practice the profession of pharmacy;
(5) the licensee has violated a provision of the federal or state food, drug and cosmetic act, the federal or state uniform controlled substances act, or any rule and regulation adopted under any such act;
(6) the licensee is found by the board to have filled a prescription not in strict accordance with the directions of the practitioner or a mid-level practitioner;
(7) the licensee is found to be mentally or physically incapacitated to such a degree as to render the licensee unfit to practice the profession of pharmacy;
(8) the licensee has violated any of the provisions of the pharmacy act of the state of Kansas or any rule and regulation adopted by the board pursuant to the provisions of such pharmacy act;
(9) the licensee has failed to comply with the continuing education requirements of the board for license renewal;
(10) the licensee as a "pharmacist-in-charge" or consultant pharmacist under the provisions of K.S.A.
65-1648(c) or (d), and amendments thereto, has failed to comply with the requirements of K.S.A.
65-1648(c) or (d), and amendments thereto;
(11) the licensee has knowingly submitted a misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement;
(12) the licensee has had a license to practice pharmacy revoked, suspended or limited, has been censured or has had other disciplinary action taken, or voluntarily surrendered the license after formal proceedings have been commenced, or has had an application for license denied, by the proper licensing authority of another state, territory, District of Columbia or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof;
(13) the licensee has self-administered any controlled substance without a practitioner's prescription order or a mid-level practitioner's prescription order;
(14) the licensee has assisted suicide in violation of K.S.A.
21-3406, prior to its repeal, or K.S.A.
21-5407, and amendments thereto, as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A.
21-3406, prior to its repeal, or K.S.A.
21-5407, and amendments thereto;
(B) a copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A.
60-4404, and amendments thereto; or
(C) a copy of the record of a judgment assessing damages under K.S.A.
60-4405, and amendments thereto;
(15) the licensee has failed to furnish the board, its investigators or its representatives any information legally requested by the board;
(16) the licensee has violated or failed to comply with any lawful order or directive of the board;
(17) the licensee has violated any of the provisions of the prescription monitoring program act of the state of Kansas or any rule and regulation of the board pursuant to the provisions of the prescription monitoring program act; or
(18) the licensee has failed to keep, has failed to file with the board or has falsified records required to be kept or filed by the provisions of the pharmacy act of the state of Kansas, the federal or state uniform controlled substances act or rules and regulations adopted by the board.
(b) In determining whether or not the licensee has violated subsection (a)(3), (a)(4), (a)(7) or (a)(13), the board upon reasonable suspicion of such violation has authority to compel a licensee to submit to mental or physical examination or drug screen, or any combination thereof, by such persons as the board may designate. To determine whether reasonable suspicion of such violation exists, the investigative information shall be presented to the board as a whole. Information submitted to the board as a whole and all reports, findings and other records shall be confidential and not subject to discovery by or release to any person or entity. The licensee shall submit to the board a release of information authorizing the board to obtain a report of such examination or drug screen, or both. A person affected by this subsection shall be offered, at reasonable intervals, an opportunity to demonstrate that such person can resume the competent practice of pharmacy with reasonable skill and safety to patients. For the purpose of this subsection, every person licensed to practice pharmacy and who shall accept the privilege to practice pharmacy in this state by so practicing or by the making and filing of a renewal application to practice pharmacy in this state shall be deemed to have consented to submit to a mental or physical examination or a drug screen, or any combination thereof, when directed in writing by the board and further to have waived all objections to the admissibility of the testimony, drug screen or examination report of the person conducting such examination or drug screen, or both, at any proceeding or hearing before the board on the ground that such testimony or examination or drug screen report constitutes a privileged communication. In any proceeding by the board pursuant to the provisions of this subsection, the record of such board proceedings involving the mental and physical examination or drug screen, or any combination thereof, shall not be used in any other administrative or judicial proceeding.
(c) The board may temporarily suspend or temporarily limit the license of any licensee in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that grounds exist for disciplinary action under subsection (a) against the licensee and that the licensee's continuation in practice would constitute an imminent danger to the public health and safety.
(d) The board may suspend, revoke, place in a probationary status or deny an application or renewal of any retail dealer's permit issued by the board when information in possession of the board discloses that such operations for which the permit was or may be issued are not being conducted according to law or the rules and regulations of the board. When the board determines that action under this subsection requires the immediate protection of the public interest, the board shall conduct an emergency proceeding in accordance with K.S.A.
77-536, and amendments thereto, under the Kansas administrative procedure act.
(e) The board may deny an application or renewal, limit, condition, revoke, suspend or place in a probationary status the registration of any pharmacy upon a finding that:
(1) Such pharmacy has been operated in such manner that violations of the provisions of the pharmacy act of the state of Kansas or of the rules and regulations of the board have occurred in connection therewith;
(2) the owner, pharmacy or any pharmacist employed at such pharmacy is convicted, subsequent to such owner's acquisition of or such employee's employment at such pharmacy, of a violation of the pharmacy act of the state of Kansas, the federal or state uniform controlled substances act or the federal or state food, drug and cosmetic act;
(3) the owner, pharmacy or any pharmacist employed by such pharmacy has fraudulently claimed money for pharmaceutical services;
(4) the registrant has had a registration revoked, suspended or limited, has been censured or has had other disciplinary action taken, or an application for registration denied, by the proper registering authority of another state, territory, District of Columbia or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof. When the board determines that action under this subsection requires the immediate protection of the public interest, the board shall conduct an emergency proceeding in accordance with K.S.A.
77-536, and amendments thereto, under the Kansas administrative procedure act;
(5) the registrant has obtained, renewed or attempted to obtain or renew a registration by false or fraudulent means, including misrepresentation of a material fact or falsification of any application;
(6) the registrant has refused to permit the board or its duly authorized agents to inspect the registrant's establishment in accordance with the provisions of the pharmacy act of the state of Kansas, federal or state uniform controlled substances act or the federal or state food, drug and cosmetic act;
(7) the registrant has failed to keep, has failed to file with the board or has falsified records required to be kept or filed by the provisions of the pharmacy act of the state of Kansas, the federal or state uniform controlled substances act or rules and regulations adopted by the board;
(8) such pharmacy has been operated in such manner that violations of the provisions of the federal or state food, drug and cosmetic act, the federal or state uniform controlled substances act, or any rule and regulation adopted under any such act have occurred in connection therewith;
(9) such pharmacy has been operated in such manner that the violations of the provisions of the prescription monitoring program act of the state of Kansas or any rule and regulation of the board have occurred in connection therewith;
(10) the registrant has failed to furnish the board, its investigators or its representatives any information legally requested by the board; or
(11) the registrant has violated or failed to comply with any lawful order or directive of the board.
(f) A registration to manufacture or repackage drugs or devices, to operate as a wholesale distributor, third-party logistics provider, outsourcing facility, institutional drug room or automated dispensing system, or to sell durable medical equipment, or a registration for the place of business where any such operation is conducted, may be limited, conditioned, suspended, revoked or placed in a probationary status or the application for or renewal of such registration may be denied by the board upon a finding that the registrant or the registrant's agent:
(1) Has obtained, renewed or attempted to obtain or renew a registration by false or fraudulent means, including misrepresentation of a material fact or falsification of any application;
(2) has been convicted of a felony under any federal or state law relating to the manufacture, compounding, dispensing or distribution of drugs or devices;
(3) has had any federal registration for the manufacture, compounding, dispensing or distribution of drugs or devices suspended, limited, denied, disciplined, censured or revoked;
(4) has refused to permit the board or its duly authorized agents to inspect the registrant's establishment in accordance with the provisions of the pharmacy act of the state of Kansas, the federal or state uniform controlled substances act or the federal or state food, drug and cosmetic act;
(5) has failed to keep, has failed to file with the board or has falsified records required to be kept or filed by the provisions of the pharmacy act of the state of Kansas, the federal or state uniform controlled substances act or rules and regulations adopted by the board;
(6) has violated the pharmacy act of the state of Kansas or rules and regulations adopted by the state board of pharmacy under the pharmacy act of the state of Kansas, has violated the uniform controlled substances act or rules and regulations adopted by the state board of pharmacy under the uniform controlled substances act, has violated the federal uniform controlled substances act, has violated the federal or state food, drug and cosmetic act or any rules and regulations adopted under any such act, or has violated a provision of the federal drug supply chain security act or any rule or regulation adopted under such act. When the board determines that action under this subsection requires the immediate protection of the public interest, the board shall conduct an emergency proceeding in accordance with K.S.A.
77-536, and amendments thereto, under the Kansas administrative procedure act;
(7) the registrant has had a registration revoked, suspended or limited, has been censured or has had other disciplinary action taken, or an application for registration denied, by the proper registering authority of another state, territory, District of Columbia or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof. When the board determines that action under this subsection requires the immediate protection of the public interest, the board shall conduct an emergency proceeding in accordance with K.S.A.
77-536, and amendments thereto, under the Kansas administrative procedure act;
(8) has failed to furnish the board, its investigators or its representatives any information legally requested by the board; or
(9) the registrant has violated or failed to comply with any lawful order or directive of the board.
(g) Orders under this section, and proceedings thereon, shall be subject to the provisions of the Kansas administrative procedure act.
History: L. 1953, ch. 290, § 13; L. 1965, ch. 369, § 5; L. 1972, ch. 231, § 5; L. 1975, ch. 319, § 3; L. 1982, ch. 262, § 1; L. 1984, ch. 313, § 106; L. 1986, ch. 235, § 2; L. 1986, ch. 231, § 10; L. 1986, ch. 234, § 3; L. 1988, ch. 356, § 195; L. 1989, ch. 193, § 2; L. 1991, ch. 187, § 1; L. 1994, ch. 118, § 2; L. 1995, ch. 106, § 1; L. 1998, ch. 98, § 1; L. 1999, ch. 38, § 3; L. 1999, ch. 149, § 7; L. 2007, ch. 177, § 31; L. 2008, ch. 75, § 1; L. 2011, ch. 30, § 238; L. 2017, ch. 34, § 2; L. 2021, ch. 106, § 7; June 3.
§ 65-1627a Same; jurisdiction of board; petition, who may file; stipulation, order based thereon
The board shall have jurisdiction of the proceedings to revoke, suspend, place in a probationary status or deny a renewal of any license, registration or permit issued by the board under the provision of the pharmacy act of the state of Kansas. The petition for the revocation, suspension, placing in a probationary status or denial of a renewal of a license, registration or permit may be filed: (a) By the attorney general in all cases; (b) by the district or county attorney of the county in which the licensee, or permit holder resides or in which a place of business or place of professional practice of such person is located; or (c) by a regularly employed attorney of the board. The petition shall be filed in the office of the executive secretary of the board.
The board and the person holding the license permit or registration may enter into a stipulation which shall be binding upon the board and such person entering into the stipulation, and the board may enter its enforcement order based upon such stipulation without the necessity of filing any formal charges or holding hearings in the proceedings.
History: L. 1975, ch. 319, § 4; L. 1986, ch. 231, § 11; June 1.
§ 65-1627b Same; direction by board to file petition or to prosecute
(a) The board may direct the attorney general, the district or county attorney or its regularly employed attorney to file such petition against the licensee, registrant or permit holder upon its own motion, or it may give such direction upon the sworn statement of some person who resides in the county in which a place of business or place of professional practice of such person is located.
(b) The attorney general shall comply with such directions of the board and prosecute the action on behalf of the state, but the district or county attorney of any county where the licensee, registrant or permit holder has operated a place of business or place of professional practice, at the request of the attorney general or the board, shall appear and prosecute such action.
History: L. 1975, ch. 319, § 5; L. 1986, ch. 231, § 12; June 1.
§ 65-1627c Same; form of petition, rules
The following rules shall govern the form of the petition in such cases: (a) The board shall be named as plaintiff and the person who holds the license, registration or permit as defendant. (b) The charges against the person who holds the license, registration or permit shall be stated with reasonable definiteness. (c) Amendments may be made as in ordinary actions in the district court. (d) All allegations shall be deemed denied, but the person who holds the license, registration or permit may plead to the petition if such person so desires.
History: L. 1975, ch. 319, § 6; L. 1986, ch. 231, § 13; June 1.
§ 65-1627d Repealed
History: L. 1975, ch. 319, § 7; Repealed, L. 2005, ch. 26, § 1; July 1.
§ 65-1627e Repealed
History: L. 1975, ch. 319, § 8; L. 1986, ch. 231, § 14; L. 1988, ch. 356, § 196; Repealed, L. 2005, ch. 26, § 1; July 1.
§ 65-1627f Same; powers of board; term of suspension, probation or revocation; hearing; orders
(a) Depositions may be used by either party. Upon the completion of any hearing held hereunder, the board shall have the power to enter an order of revocation, suspension, probation or denial of the renewal of a license, registration or permit. The license, registrant or permit holder shall not engage in the activity authorized by such license, registration or permit after a license, registration or permit is revoked or the renewal thereof denied or during the time for which it is suspended. If a license, registration or permit is suspended or placed on probation, the suspension or probation shall be for a definite period of time to be fixed by the board, and the license, registration or permit shall be reinstated and any limitations or conditions thereon removed upon the expiration of such period if all renewal fees have been paid. If such license, registration or permit is revoked, such revocation shall be for all time, except that at any time after the expiration of one year, application may be made for reinstatement of any license, registrant or permit holder whose license, registration or permit shall have been revoked, and such application shall be addressed to the executive secretary of the board. Such application shall be processed in accordance with the provisions of the Kansas administrative procedure act.
(b) All final orders entered in any proceeding shall be the action of the board with a quorum present at such meeting.
History: L. 1975, ch. 319, § 9; L. 1986, ch. 231, § 15; L. 1988, ch. 356, § 197; L. 1998, ch. 98, § 2; April 16.
§ 65-1627g Repealed
History: L. 1975, ch. 319, § 10; L. 1986, ch. 231, § 16; Repealed, L. 2005, ch. 26, § 1; July 1.
§ 65-1627h Costs of proceedings
(a) If the order is adverse to the licensee, registrant or permit holder, the costs shall be charged to such person as in ordinary civil actions in the district court, but if the board is the unsuccessful party, the costs shall be paid out of any money in the state board of pharmacy fee fund. Witness fees and costs may be taxed according to the statutes applicable in the district courts.
(b) All costs accrued at the instance of the state, when it is the successful party, and which the attorney general certifies cannot be collected from the licensee, registrant or permit holder, shall be paid out of any available funds in the state treasury to the credit of the board.
(c) The board may consider nonpayment of costs which have been assessed against a person under this section when considering a motion for reinstatement of a license or registration by such person, or as a condition of probation.
History: L. 1975, ch. 319, § 11; L. 1986, ch. 231, § 17; L. 1995, ch. 106, § 2; April 13.
§ 65-1627i Repealed
History: L. 1953, ch. 290, § 13; L. 1965, ch. 369, § 5; L. 1972, ch. 231, § 5; L. 1975, ch. 319, § 3; L. 1982, ch. 262, § 1; L. 1984, ch. 313, § 106; L. 1986, ch. 235, § 2; L. 1986, ch. 231, § 10; L. 1986, ch. 234, § 3; L. 1988, ch. 356, § 195; L. 1989, ch. 193, § 2; L. 1991, ch. 187, § 1; L. 1994, ch. 118, § 2; L. 1995, ch. 106, § 1; L. 1998, ch. 142, § 10; Repealed, L. 1999, ch. 115, § 19; Repealed, L. 1999, ch. 38, § 6; July 1.
§ 65-1627j Subpoenas
(a) In all investigative and disciplinary matters pending before the board, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of all necessary papers, books and records, documentary evidence and materials. Any person failing or refusing to appear or testify regarding any matter about which such person may be lawfully questioned or to produce any papers, books, records, documentary evidence or materials in the matter to be heard, after having been required by order of the board or by a subpoena of the board to do so, upon application to any district judge of the state of Kansas, may be ordered to comply with such subpoena, and upon failure to comply with the order of the district judge, the court may compel obedience by attachment as for contempt as in the case of disobedience of a similar order or subpoena issued by the court. A subpoena may be served upon any person named therein, anywhere within the state of Kansas with the same fees and mileage by any officer authorized to serve subpoenas in civil actions in the same manner as is prescribed by the code of civil procedure for subpoenas issued out of the district courts of this state.
(b) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1999, ch. 38, § 2; July 1.
§ 65-1627k Certain records of board of pharmacy confidential; exceptions
(a) Any complaint, investigation, report, record or other information relating to a complaint or investigation that 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 that 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 that would constitute grounds for action under this act. Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be disclosed by the receiving agency except as otherwise authorized by law.
(b) Except as provided in subsection (a), no applicant, registrant or individual shall have access to any complaint, investigation, report, record or information concerning a complaint or investigation in progress until the investigation and any enforcement action is completed. This section shall not be construed to authorize the release of records, reports or other information that are subject to other specific state or federal laws concerning their disclosure.
(c) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2021, ch. 106, § 1; June 3.
§ 65-1627l Conditions of probation or disciplinary action; compliance inspections and audits; payment of costs
(a) (1) As a condition of probation or other disciplinary action under K.S.A. 65-1627 or 65-1657, and amendments thereto, the board may require that a licensee or registrant be subject to additional compliance inspections or audits and pay the actual costs of such inspections and audits.
(2) If a licensee or registrant fails to comply with a board order regarding the costs of additional inspections and audits, the board may impose additional disciplinary action against the licensee or registrant for failure to comply with a lawful order of the board under K.S.A. 65-1627, and amendments thereto.
(b) Actual costs under this section include, but are not limited to:
(1) Salaries and wages;
(2) travel, mileage and lodging;
(3) subsistence allowances;
(4) document storage, shipping and handling; or
(5) other expenses deemed reasonable and necessary by the board.
(c) All moneys 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, and deposited in the state treasury to the credit of the state board of pharmacy fee fund.
(d) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2021, ch. 106, § 2; June 3.
§ 65-1628 Order; judicial review
(a) If any application for any license, registration or permit is refused or the renewal thereof denied or if any license, registration or permit is suspended, revoked or placed on probation, the board shall notify the person affected in writing of its decision and order and the reasons therefor.
(b) Any action of the board pursuant to K.S.A. 65-1627f, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History: L. 1953, ch. 290, § 14; L. 1975, ch. 319, § 12; L. 1986, ch. 231, § 18; L. 1986, ch. 318, § 90; L. 2010, ch. 17, § 134; July 1.
§ 65-1628a Review bond
If the licensee, registrant or permit holder petitions for review, the only bond required shall be one running to the state, in an amount to be fixed by the court for the payment of the costs both before the board and in the district court. Such bond shall be approved by the judge of the district court. The giving of such a bond by the licensee, registrant or permit holder shall not operate to stay the order of the board or restore the right of the licensee, registrant or permit holder to engage in the profession or business for which the license, registration or permit was issued or remove any condition upon engaging therein pending review, but a stay may be granted in accordance with K.S.A. 77-616, and amendments thereto.
History: L. 1975, ch. 319, § 13; L. 1986, ch. 231, § 19; L. 1986, ch. 318, § 91; L. 1992, ch. 314, § 15; July 1.
§ 65-1628b Repealed
History: L. 1975, ch. 319, § 14; Repealed, L. 1986, ch. 318, § 146; July 1.
§ 65-1629 Inspection of drugs by board; samples; analyses; publication of results
The board and its duly authorized agents and employees may inspect in a lawful manner the drugs kept for sale, offered for sale or for dispensing, or sold in the state of Kansas by any pharmacist, or kept in stock by any duly licensed practitioner or institutional drug room in the state, or when such inspection is required by the secretary of health and environment the drugs kept in stock by any medical care facility; and for this purpose shall have the right to enter and inspect during business hours any institutional drug room or any pharmacy or any other place in the state of Kansas where drugs are manufactured, packed, packaged, made, sold, offered for sale or kept for sale and may collect samples of such drugs upon payment therefor. The samples thus collected may be submitted for analysis to the office of laboratory services of the department of health and environment and the results of the analysis may be published by the state department of health and environment.
History: L. 1953, ch. 290, § 15; L. 1975, ch. 319, § 15; L. 1979, ch. 193, § 2; July 1.
§ 65-1630 Rules and regulations
The board may adopt and promulgate such reasonable rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of this act, which rules and regulations shall be filed in the office of the secretary of state as required by article 4 of chapter 77 of the Kansas Statutes Annotated and amendments thereto.
History: L. 1953, ch. 290, § 16; L. 1975, ch. 319, § 16; L. 1988, ch. 366, § 16; June 1.
§ 65-1631 Licensure required of pharmacists; qualification of applicants; application for licensure by examination; reciprocal licensure; fees; applicants from schools outside the United States
(a) It shall be unlawful for any individual to practice as a pharmacist in this state unless such individual is licensed by the board as a pharmacist. Except as otherwise provided in subsection (d), every applicant for licensure as a pharmacist shall be at least 18 years of age, shall be a graduate of a school or college of pharmacy or department of a university recognized and approved by the board, shall file proof satisfactory to the board, substantiated by proper affidavits, of a minimum of one year of pharmaceutical experience, acceptable to the board, under the supervision of a preceptor and shall pass an examination approved by the board. Pharmaceutical experience as required in this section shall be under the supervision of a preceptor and shall be predominantly related to the dispensing of prescription medication, compounding prescriptions, preparing pharmaceutical preparations and keeping records and making reports required under state and federal statutes. A school or college of pharmacy or department of a university recognized and approved by the board under this subsection shall have a standard of education not below that of the university of Kansas school of pharmacy. The board shall adopt rules and regulations establishing the criteria that a school or college of pharmacy or department of a university shall satisfy in meeting the standard of education established under this subsection.
(b) All applications for licensure by examination shall be made on a form to be prescribed and furnished by the board. Each application for a new license by examination shall be accompanied by a license fee fixed by the board as provided in K.S.A. 65-1645, and amendments thereto.
(c) The board is authorized to adopt rules and regulations relating to the score that an applicant must receive in order to pass the examinations required for licensure. The board shall only accept a passing score on an examination required for licensure from an applicant's first five attempts taking such examination.
(d) Notwithstanding the preceding provisions of this section, the board may in its discretion license as a pharmacist, without examination, any individual who is duly registered or licensed by examination in some other state, except that the board may require that such individual take the multi-state jurisprudence examination approved by the board. The board is authorized to adopt rules and regulations relating to the score that such individual shall be required to receive in order to pass the multi-state jurisprudence examination. The board shall only accept a passing score on an examination required for licensure from an applicant's first five attempts taking such examination. Such individual shall file proof satisfactory to the board of having the education and training required of applicants for licensure under the provisions of the pharmacy act of this state. Individuals who are registered or licensed as pharmacists by examination in other states shall be required to satisfy only the requirements that existed in this state at the time they become registered or licensed in such other states. The provisions of this subsection shall apply only if the state in which the individual is registered or licensed grants, under like conditions, reciprocal registrations or licenses as pharmacists, without examination, to pharmacists duly licensed by examination in this state. Reciprocal licensure shall not be denied to any applicant otherwise qualified for reciprocal licensure under this section who has met the internship requirements of the state from which the applicant is reciprocating or who has at least one year of practice as a licensed pharmacist. A reciprocal licensure may be denied for any of the reasons set forth in K.S.A. 65-1627(a)(1) through (a)(13), and amendments thereto.
(e) In the event that an applicant for reciprocal licensure has not been subject to laws requiring continuing education as a condition for renewal of a registration or license, such applicant shall be required to satisfy the board through a competency examination that the applicant has the knowledge and ability to meet Kansas standards for licensure as a pharmacist.
(f) All applicants for reciprocal licensure shall file their applications on a form to be prescribed and furnished by the board and such application shall be accompanied by a reciprocal licensure fee fixed by the board as provided in K.S.A. 65-1645, and amendments thereto. The reciprocal licensure fee established by this section immediately prior to the effective date of this act shall continue in effect until a different reciprocal licensure fee is fixed by the board by rules and regulations as provided in K.S.A. 65-1645, and amendments thereto.
(g) The board shall take into consideration any felony conviction of such individual, but such conviction shall not automatically operate as a bar to licensure.
(h) All applicants for licensure who graduate from a school or college of pharmacy outside the United States or who graduate from a school or college of pharmacy not approved by the board shall submit information to the board, as specified by rules and regulations, and this information shall be accompanied by an evaluation fee fixed by the board as provided in K.S.A. 65-1645, and amendments thereto, that shall be in addition to any other fee paid by the applicant under the pharmacy act of the state of Kansas. The evaluation fee fixed by the board under this section immediately prior to the effective date of this act shall continue in effect until a different evaluation fee is fixed by the board by rules and regulations as provided in K.S.A. 65-1645, and amendments thereto. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about such schools or colleges of pharmacy. In entering such contracts the authority to approve schools or colleges of pharmacy shall remain solely with the board.
(i) All applicants for licensure who graduate from a school or college of pharmacy outside the United States or who are not citizens of the United States shall provide proof to the board that the applicant has a reasonable ability to communicate with the general public in English. The board may require such applicant to take the test of English as a foreign language and to attain the grade for passing such test as established by the board by rules and regulations.
(j) Every registered pharmacist holding a valid registration as a pharmacist in effect on the day preceding the effective date of this act shall be deemed to be a licensed pharmacist under this act, and such individual shall not be required to file an original application hereunder for a license.
History: L. 1953, ch. 290, § 17; L. 1962, ch. 37, § 1; L. 1967, ch. 342, § 1; L. 1972, ch. 231, § 6; L. 1974, ch. 252, § 1; L. 1975, ch. 319, § 17; L. 1981, ch. 247, § 1; L. 1982, ch. 263, § 1; L. 1986, ch. 235, § 3; L. 1986, ch. 231, § 20; L. 1986, ch. 236, § 2; L. 1987, ch. 236, § 2; L. 1988, ch. 243, § 7; L. 1991, ch. 187, § 2; L. 1998, ch. 98, § 3; L. 2002, ch. 184, § 1; L. 2021, ch. 106, § 8; June 3.
§ 65-1632 Renewal of license; fee; denial; conditions; continuing education; inactive status license; reinstatement after nonrenewal; penalty fee
(a) Except as otherwise provided in this section, each license to practice as a pharmacist issued by the board, shall expire every two years. The expiration date shall be established by rules and regulations adopted by the board. Each application for renewal of a license as a pharmacist shall be made on a form prescribed and furnished by the board. Except as otherwise provided in this subsection, the application, when accompanied by the renewal fee and received by the executive secretary of the board on or before the date of expiration of the license, shall have the effect of temporarily renewing the applicant's license until actual issuance or denial of the renewal. If at the time of filing a proceeding is pending before the board which may result in the suspension, probation, revocation or denial of the applicant's license, the board may by emergency order declare that the application for renewal shall not have the effect of temporarily renewing such applicant's license. Every licensed pharmacist shall pay to the secretary of the board a renewal fee fixed by the board as provided in K.S.A. 65-1645, and amendments thereto.
(b) To provide for a system of biennial renewal of licenses, the board may provide by rules and regulations that licenses issued or renewed may expire less than two years from the date of issuance or renewal. License fees may be prorated for licensure periods which are less than biennial in accordance with rules and regulations of the board.
(c) The board may deny renewal of any license of a pharmacist on any ground which would authorize the board to deny an initial application for licensure or on any ground which would authorize the board to suspend, revoke or place on probation a license previously granted. Orders under this section, and proceedings thereon, shall be subject to the provisions of the Kansas administrative procedure act.
(d) The payment of the renewal fee by a person who is a holder of a license as a pharmacist shall entitle the person to renewal of license if no grounds exist for denying the renewal of the license and if the person has furnished satisfactory evidence to the board that the person has successfully complied with the rules and regulations of the board relating to continuing professional education. These educational requirements shall be fixed by the board at not less than 20 clock hours nor more than 40 clock hours biennially of a program of continuing education approved by the board. Continuing education hours may be prorated for licensure periods which are less than biennial in accordance with rules and regulations of the board. The maximum number of continuing education hours required by the board to meet the requirements for cancellation of inactive status licensure and renewal of license under subsection (e) or reinstatement of license because of nonpayment of fees under subsection (f) shall not exceed 60.
(e) The payment of the renewal fee by the person who is a holder of a license as a pharmacist but who has not complied with the continuing education requirements fixed by the board, if no grounds exist for denying the renewal of the license other than that the person has not complied with the continuing education requirements fixed by the board, shall entitle the person to inactive status licensure by the board. No person holding an inactive status license from the board shall engage in the practice of pharmacy in this state. Upon furnishing satisfactory evidence to the board of compliance with the continuing education requirements fixed by the board and upon the payment to the board of all applicable fees, a person holding an inactive status license from the board shall be entitled to cancellation of the inactive status license and to renewal of licensure as a pharmacist.
(f) If the renewal fee for any pharmacist's license has not been paid prior to the expiration of the license of the renewal year, the license is hereby declared void, and no license shall be reinstated except upon payment of any unpaid renewal fee plus a penalty fee fixed by the board as provided in K.S.A. 65-1645, and amendments thereto, and proof satisfactory to the board of compliance with the continuing education requirements fixed by the board. The penalty fee established by this section immediately prior to the effective date of the act shall continue in effect until a different penalty fee is fixed by the board by rules and regulations as provided in K.S.A. 65-1645, and amendments thereto. Payment of any unpaid renewal fee plus a penalty fee and the submission of proof satisfactory to the board of compliance with the continuing education requirements fixed by the board shall entitle the license to be reinstated. The nonpayment of renewal fees by a previously licensed pharmacist for a period exceeding three years shall not deprive the previously licensed pharmacist of the right to reinstate the license upon the payment of any unpaid fees and penalties and upon compliance with the continuing education requirements fixed by the board, except that the board may require such previously licensed pharmacist to take and pass an examination approved by the board for reinstatement as a pharmacist and to pay any applicable application fee.
History: L. 1953, ch. 290, § 18; L. 1962, ch. 37, § 2; L. 1967, ch. 342, § 2; L. 1974, ch. 252, § 2; L. 1975, ch. 319, § 18; L. 1982, ch. 263, § 2; L. 1984, ch. 313, § 107; L. 1986, ch. 231, § 21; L. 1987, ch. 236, § 3; L. 1988, ch. 356, § 198; L. 1990, ch. 224, § 1; L. 1991, ch. 187, § 3; L. 1998, ch. 98, § 4; L. 2002, ch. 184, § 2; L. 2014, ch. 49, § 3; July 1.
§ 65-1633 Change of mailing address or email address of pharmacist
Every pharmacist who changes residential address or email address shall within 30 days thereof notify the secretary of such change on a form prescribed and furnished by the board, and upon receipt of the notice the secretary shall make the proper alterations in the record kept for that purpose.
History: L. 1953, ch. 290, § 19; L. 1962, ch. 37, § 3; L. 1975, ch. 319, § 19; L. 1982, ch. 263, § 3; L. 1986, ch. 231, § 22; L. 2017, ch. 34, § 3; April 20.
§ 65-1634 Responsibility for quality of drugs sold; adulteration or mislabeling unlawful
Every person holding a license, registration or permit under the pharmacy act of the state of Kansas who engages in the sale of drugs, medicines, chemicals and poisons shall be responsible for the quality of all such drugs, medicines, chemicals and poisons which such person may sell, compound or put up except when sold in the original and unbroken pack, package, box or other container of the manufacturer. If any person intentionally adulterates or mislabels any drugs, medicines, chemicals or poisons, or causes the same to be adulterated or mislabeled or exposed for sale knowing the same to be adulterated or mislabeled, such person shall be guilty of a class A misdemeanor.
History: L. 1953, ch. 290, § 20; L. 1975, ch. 319, § 20; L. 1986, ch. 231, § 23; June 1.
§ 65-1635 Dispensing and administering of drugs by duly licensed practitioners, nurses and other persons; in-person encounter not required
(a) Nothing contained in the pharmacy act of the state of Kansas shall prohibit any duly licensed practitioner from purchasing and keeping drugs, from compounding prescriptions or from administering, supplying or dispensing to such practitioner's patients such drugs as may be fit, proper and necessary. Except as provided in subsection (b) or (c), such drugs shall be dispensed by such practitioner and shall comply with the Kansas food, drug and cosmetic act and be subject to inspection as provided by law.
(b) Nothing contained in the pharmacy act of the state of Kansas shall be construed to prohibit any nurse or other person, acting under the direction of a duly licensed practitioner, from administering drugs to a patient.
(c) Nothing contained in the pharmacy act of the state of Kansas shall be construed to prohibit any registered nurse, acting under the supervision of a person who is licensed to practice medicine and surgery as of July 1, 1982, from dispensing drugs to patients of such person so long as the principal office of such person is, and as of July 1, 1982, was, located in a city not having a registered pharmacy within its boundaries. For the purposes of this subsection (c), "supervision" means guidance and direction of the dispensing of drugs by the person licensed to practice medicine and surgery who shall be physically present in the general location at which the drugs are being dispensed.
(d) Nothing contained in the pharmacy act of the state of Kansas shall be construed to prohibit a duly registered wholesale distributor from distributing a prescription-only drug pursuant to a veterinarian practitioner's written prescription or order where a valid veterinarian-client-patient relationship, VCPR, as defined in K.S.A. 47-816, and amendments thereto, exists, to the layman responsible for the control of the animal.
(e) Nothing contained in the pharmacy act of the state of Kansas shall require an in-person examination or encounter between a person licensed to practice medicine and surgery and the patient prior to a pharmacist filling or refilling any prescription.
History: L. 1953, ch. 290, § 21; L. 1975, ch. 319, § 21; L. 1982, ch. 262, § 6; L. 1982, ch. 263, § 6; L. 1983, ch. 210, § 1; L. 1997, ch. 2, § 1; L. 1999, ch. 38, § 4; L. 2017, ch. 34, § 4; April 20.
§ 65-1635a Administration of vaccines by certain pharmacy professionals; education and reporting requirements; exceptions; delegation of authority prohibited; "pharmacist" defined
(a) A pharmacist, or a pharmacy student, intern or pharmacy technician who is 18 years of age or older and working under the direct supervision and control of a pharmacist, may administer influenza vaccine to a person six years of age or older and may administer vaccine, other than influenza vaccine, to a person 12 years of age or older pursuant to a vaccination protocol if the pharmacist, pharmacy student, intern or pharmacy technician has successfully completed a course of study and training, approved by the accreditation council for pharmacy or the board, in vaccination storage, protocols, injection technique, emergency procedures and recordkeeping and has taken a course in cardiopulmonary resuscitation (CPR) and has a current CPR certificate when administering vaccine. A pharmacist, pharmacy student, intern or pharmacy technician who successfully completes such a course of study and training shall maintain proof of completion and, upon request, provide a copy of such proof to the board.
(b) All vaccinees will be given a written immunization record for their personal files. The administering pharmacist or pharmacist supervising an administering pharmacy student, intern or pharmacy technician shall promptly report a record of the immunization to the vaccinee's primary care provider by mail, electronic facsimile, email or other electronic means. If the vaccinee does not have a primary care provider, then the administering pharmacist or pharmacist supervising an administering pharmacy student, intern or pharmacy technician shall promptly report a record of the immunization to the person licensed to practice medicine and surgery by the state board of healing arts who has entered into the vaccination protocol with the pharmacist. The immunization will also be reported to appropriate county or state immunization registries, except that if the person vaccinated or, if the person is a minor, the parent or guardian of the minor, objects to the report, the report shall not be made.
(c) A pharmacist, pharmacy student, intern or pharmacy technician shall not delegate to any person the authority granted under this act to administer a vaccine.
(d) As used in this section, "pharmacist" means a pharmacist as defined in K.S.A. 65-1626, and amendments thereto, who has:
(1) Successfully completed a course of study and training, approved by the accreditation council for pharmacy or the board, in vaccination storage, protocols, injection technique, emergency procedures and recordkeeping;
(2) taken a course in cardiopulmonary resuscitation (CPR); and
(3) a current CPR certificate.
(e) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2000, ch. 118, § 3; L. 2006, ch. 41, § 1; L. 2007, ch. 177, § 32; L. 2010, ch. 43, § 1; L. 2017, ch. 32, § 1; L. 2023, ch. 90, § 3; July 1.
§ 65-1636 Sale of drugs limited to pharmacies; violations; exceptions
(a) Except as otherwise provided in this act, the sale and dispensing of drugs shall be limited to pharmacies operating under registrations as required by this act, and the actual sale or dispensing of drugs shall be made by a pharmacist or other persons acting under the immediate personal direction and supervision of the pharmacist.
(b) The donation, acceptance, transfer, distribution or dispensing of any drug in compliance with the provisions of the utilization of unused medications act and any rules and regulations promulgated thereunder shall not constitute a violation of this section.
History: L. 1953, ch. 290, § 22; L. 1975, ch. 319, § 22; L. 1986, ch. 231, § 24; L. 2009, ch. 48, § 1; L. 2013, ch. 114, § 7; L. 2017, ch. 34, § 5; April 20.
§ 65-1637 Prescription orders; requirements; compounding, filling and refilling of prescriptions; refusal to fill; brand exchange; interchangeable biological products
(a) The pharmacist shall exercise professional judgment regarding the accuracy, validity and authenticity of any prescription order consistent with federal and state laws and rules and regulations. Except as provided in K.S.A.
65-1635(e), and amendments thereto, and as may otherwise be provided by law, a pharmacist shall not dispense a prescription drug if the pharmacist, in the exercise of professional judgment, determines that the prescription is not a valid prescription order.
(b) The prescriber may authorize an agent to transmit to the pharmacy a prescription order orally, by facsimile transmission or by electronic transmission, provided that the first and last names of the transmitting agent are included in the order.
(c) (1) A new written or electronically prepared and transmitted prescription order shall be manually or electronically signed by the prescriber. If transmitted by the prescriber's agent, the first and last names of the transmitting agent shall be included in the order.
(2) If the prescription is for a controlled substance and is written or printed from an electronic prescription application, the prescription shall be manually signed by the prescriber prior to delivery of the prescription to the patient or prior to facsimile transmission of the prescription to the pharmacy.
(3) An electronically prepared prescription shall not be electronically transmitted to the pharmacy if the prescription has been printed prior to electronic transmission. An electronically prepared and transmitted prescription that is printed following electronic transmission shall be clearly labeled as a copy, not valid for dispensing.
(4) The board is hereby authorized to conduct pilot projects related to any new technology implementation when deemed necessary and practicable, except that no state moneys shall be expended for such purpose.
(d) An authorization to refill a prescription order or to renew or continue an existing drug therapy may be transmitted to a pharmacist through oral communication, in writing, by facsimile transmission or by electronic transmission initiated by or directed by the prescriber.
(1) If the transmission is completed by the prescriber's agent, and the first and last names of the transmitting agent are included in the order, the prescriber's signature is not required on the fax or alternate electronic transmission.
(2) If the refill order or renewal order differs in any manner from the original order, such as a change of the drug strength, dosage form or directions for use, the prescriber shall sign the order as provided by subsection (c)(1).
(e) Regardless of the means of transmission to a pharmacy, a pharmacist or a pharmacist intern shall be authorized to receive a new prescription order or a refill or renewal order from a prescriber or transmitting agent. A registered pharmacy technician may receive a refill, renewal or order for continuation of therapy that contains no changes from the original prescription from a prescriber or transmitting agent if such registered pharmacy technician's supervising pharmacist has authorized that function.
(f) A refill is one or more dispensings of a prescription drug or device that results in the patient's receipt of the quantity authorized by the prescriber for a single fill as indicated on the prescription order.
A prescription for a schedule III, IV or V controlled substance may authorize no more than five refills within six months following the date on which the prescription is issued.
(g) All prescriptions shall be filled or refilled in strict conformity with any directions of the prescriber, except that:
(1) A pharmacist who receives a prescription order for a brand name drug product may exercise brand exchange with a view toward achieving a lesser cost to the purchaser unless:
(A) The prescriber indicates "dispense as written" on the prescription or when communicating a prescription by oral order;
(B) the FDA has determined that a biological product is not an interchangeable biological product for the prescribed biological product; or
(C) the FDA has determined that a drug product of the same generic name is not bioequivalent to the prescribed brand name prescription medication;
(2) a pharmacist may provide up to a three-month supply of a prescription drug that is not a controlled substance or psychotherapeutic drug when a practitioner has written a drug order to be filled with a smaller supply but included sufficient numbers of refills for a three-month supply; or
(3) except for a prescription for a controlled substance, a pharmacist may use professional judgment to make the following adaptations to a prescription order if a patient consents, the prescriber has not indicated "dispense as written" on the prescription, the pharmacist documents the adaptation on the patient's prescription record and the pharmacist notifies the prescriber:
(A) Change the prescribed quantity if:
(i) The prescribed quantity or package size is not commercially available;
(ii) the change in quantity is related to a change in dosage form; or
(iii) the change extends a maintenance drug for the limited quantity necessary to coordinate a patient's refills in a medication synchronization program;
(B) change the prescribed dosage form, strength or directions for use if it is in the best interest of the patient and the change achieves the intent of the prescriber; or
(C) complete missing information on the prescription order if there is evidence to support the change.
(h) A pharmacist who selects an interchangeable biological product shall inform the patient or the patient's representative that an interchangeable biological product has been substituted for the prescribed biological product.
(i) If a prescription order contains a statement that during any particular time the prescription may be refilled at will, there shall be no limitation as to the number of times that such prescription may be refilled, except that it may not be refilled after the expiration of the time specified or one year after the prescription was originally issued, whichever occurs first.
(j) Prescription orders shall be recorded in writing by the pharmacist and the record so made by the pharmacist shall constitute the original prescription to be dispensed by the pharmacist. This record, if telephoned by other than the prescriber, shall bear the full name of the individual so telephoning. Nothing in this section shall be construed as altering or affecting in any way laws of this state or any federal act requiring a written prescription order.
(k) (1) Except as provided in paragraph (2), no prescription shall be refilled unless authorized by the prescriber either in the original prescription or by oral order that is reduced promptly to writing and filled by the pharmacist.
(2) A pharmacist may refill a prescription order issued on or after the effective date of this act for any prescription drug, except a drug listed on schedule II of the uniform controlled substances act or a narcotic drug listed on any schedule of the uniform controlled substances act, without the prescriber's authorization when all reasonable efforts to contact the prescriber have failed and when, in the pharmacist's professional judgment, continuation of the medication is necessary for the patient's health, safety and welfare. Such prescription refill shall only be in an amount judged by the pharmacist to be sufficient to maintain the patient until the prescriber can be contacted, but in no event shall a refill under this paragraph be more than a 30-day supply or one package of the drug. However, if the prescriber states on a prescription that there shall be no emergency refilling of that prescription, then the pharmacist shall not dispense any emergency medication pursuant to that prescription. A pharmacist who refills a prescription order under this paragraph shall contact the prescriber of the prescription order on the next business day subsequent to the refill or as soon thereafter as possible. No pharmacist shall be required to refill any prescription order under this paragraph. A prescriber shall not be subject to liability for any damages resulting from the refilling of a prescription order by a pharmacist under this paragraph unless such damages are occasioned by the gross negligence or willful or wanton acts or omissions by the prescriber.
(l) If any prescription order contains a provision that the prescription may be refilled a specific number of times within or during any particular period, such prescription shall not be refilled except in strict conformity with such requirements.
(m) Any pharmacist who exercises brand exchange and dispenses a less expensive drug product shall not charge the purchaser more than the regular and customary retail price for the dispensed drug.
(n) Except as provided in K.S.A.
65-1635(e), and amendments thereto, and as may otherwise be provided by law, nothing contained in this section shall be construed as preventing a pharmacist from refusing to fill or refill any prescription if, in the pharmacist's professional judgment and discretion, such pharmacist is of the opinion that it should not be filled or refilled.
(o) Within five business days following the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall make an entry of the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by making an entry that is electronically accessible to the prescriber through:
(1) An interoperable electronic medical records system;
(2) an electronic prescribing technology;
(3) a pharmacy benefits management system; or
(4) a pharmacy record.
(p) Entry into an electronic records system as described in subsection (o) shall be presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission or other prevailing means, provided that communication shall not be required where:
(1) There is no FDA-approved interchangeable biological product for the product prescribed; or
(2) a refill prescription is not changed from the product dispensed on the prior filling of the prescription.
(q) A pharmacist shall maintain a record of any biological product dispensed for at least five years.
(r) The board shall maintain a link on its website to the current lists of all biological products that the FDA has determined to be interchangeable biological products.
History: L. 1953, ch. 290, § 23; L. 1975, ch. 319, § 23; L. 1978, ch. 242, § 2; L. 1979, ch. 194, § 1; L. 1986, ch. 231, § 25; L. 1991, ch. 188, § 1; L. 1994, ch. 247, § 3; L. 1998, ch. 87, § 1; L. 2005, ch. 88, § 1; L. 2007, ch. 19, § 1; L. 2012, ch. 121, § 1; L. 2017, ch. 34, § 6; L. 2021, ch. 106, § 9; June 3.
§ 65-1637a Institutional drug rooms; supervision and record-keeping; rules and regulations
(a) An institutional drug room shall be under the supervision of a pharmacist or a practitioner, who may be retained on a part-time basis and who shall be responsible for recordkeeping and storage of drugs by such drug room. For the purposes of this section, "practitioner" means any person licensed to practice medicine and surgery.
(b) The board shall adopt such rules and regulations relating to record-keeping and storage of drugs by institutional drug rooms as necessary for proper control of drugs by such drug rooms.
(c) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1979, ch. 193, § 5; L. 1986, ch. 231, § 26; June 1.
§ 65-1637b Repealed
History: L. 2012, ch. 107, § 3; L. 2014, ch. 49, § 2; Repealed, L. 2017, ch. 34, § 24; April 20.
§ 65-1637c Pharmacist required to be in charge of pharmacy; filling of certain prescriptions; refusal to fill; brand exchange. [See Revisor's Note]
(a) In every store, shop or other place defined in this act as a "pharmacy" there shall be a pharmacist-in-charge and, except as otherwise provided by law, the compounding and dispensing of prescriptions shall be limited to pharmacists only.
(b) Except as otherwise provided by the pharmacy act of this state, when a pharmacist is not in attendance at a pharmacy, the premises shall be enclosed and secured.
History: L. 1953, ch. 290, § 23; L. 1975, ch. 319, § 23; L. 1978, ch. 242, § 2; L. 1979, ch. 194, § 1; L. 1986, ch. 231, § 25; L. 1991, ch. 188, § 1; L. 1994, ch. 247, § 3; L. 1998, ch. 87, § 1; L. 2005, ch. 88, § 1; L. 2007, ch. 19, § 1; L. 2012, ch. 107, § 2; May 17.
§ 65-1637d Automated prescription drug dispensing systems; pharmacist required to supervise; rules and regulations
(a) An automated dispensing system shall be under the supervision of a pharmacist licensed in Kansas, who may be retained on a part-time basis and who shall be responsible for recordkeeping and storage of all drugs and verifying and documenting each prescription drug prepared or dispensed by such system.
(b) The board shall adopt such rules and regulations relating to automated dispensing systems as necessary for proper control and operation.
(c) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2017, ch. 34, § 7; April 20.
§ 65-1637e Compounding of drugs and distribution of compounded drugs; rules and regulations
(a) The board shall adopt rules and regulations governing proper compounding practices and distribution of compounded drugs by pharmacists and pharmacies.
(b) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2017, ch. 34, § 17; April 20.
§ 65-1638 Sale of drugs and poisons by registered pharmacist
A pharmacist shall have the right to keep and sell, subject to such restrictions as may be provided by law, all drugs and poisons listed in the national formulary, the United States pharmacopoeia and other standard pharmaceutical and medical works of recognized utility, but nothing in the pharmacy act of the state of Kansas shall be construed to protect any pharmacist who violates or in any way abuses this trust from the penalties for violations of the laws relating to the sale or distribution of drugs.
Nothing in the pharmacy act of the state of Kansas shall prohibit pharmacists from repackaging poisons according to applicable state and federal packaging and labeling laws. The sale of poisons shall conform to applicable state and federal laws.
History: L. 1953, ch. 290, § 24; L. 1965, ch. 506, § 29; L. 1975, ch. 319, § 24; L. 1979, ch. 194, § 2; L. 1986, ch. 231, § 27; June 1.
§ 65-1639 Repealed
History: L. 1953, ch. 290, § 25; L. 1975, ch. 319, § 25; Repealed, L. 1979, ch. 194, § 4; July 1.
§ 65-1640 Act not applicable to manufacture or to certain sales of poisons
Nothing contained in the pharmacy act of the state of Kansas shall prevent the manufacture by any person of any poisons, nor shall anything in such act prevent the sale by any person of any poisons when the poison is sold in unbroken packages and is labeled as required by law.
History: L. 1953, ch. 290, § 26; L. 1975, ch. 319, § 26; L. 1979, ch. 194, § 3; July 1.
§ 65-1641 Display of pharmacist license; when unlawful
A person holding a license as a pharmacist shall display conspicuously such license in that part of the place of business in which such person is engaged in the profession of pharmacy, and which is usually occupied by the public or which is visible to the public. It shall be unlawful for any licensed pharmacist to permit such license to be displayed in any place of business unless such pharmacist is actively engaged in the profession of pharmacy in such place of business.
History: L. 1953, ch. 290, § 27; L. 1975, ch. 319, § 27; L. 1986, ch. 231, § 28; June 1.
§ 65-1642 Equipment of pharmacy; records of prescription orders; medication profile record system; electronic transmission of prescription drug orders; application of federal drug supply chain security act
(a) Each pharmacy shall be equipped with proper pharmaceutical utensils, in order that prescriptions can be properly filled and United States pharmacopeia and national formulary preparations properly compounded, and with proper sanitary appliances that shall be kept in a clean and orderly manner. The board shall prescribe the minimum of such professional and technical equipment which a pharmacy shall at all times possess.
(b) Each pharmacy shall keep a suitable book or file that records every prescription order filled at the pharmacy and a medication profile record system as provided under subsection (d). The book or file of prescription orders shall be kept for a period of not less than five years. The book or file of prescription orders shall at all times be open to inspection by members of the board, the secretary of health and environment, the duly authorized agents or employees of such board or secretary and other proper authorities.
(c) (1) A medication profile record system shall be maintained in all pharmacies for persons for whom prescriptions are dispensed. The following information shall be recorded: (A) The name and address of the patient for whom the medication is intended; (B) the prescriber's name, the original date the prescription is dispensed and the number or designation identifying the prescription; (C) the name, strength and quantity of the drug dispensed and the name of the dispensing pharmacist; and (D) drug allergies and sensitivities.
(2) Upon receipt of a prescription order, the pharmacist shall examine the patient's medication profile record before dispensing the medication to determine the possibility of a harmful drug interaction or reaction to medication. Upon recognizing a potential harmful drug interaction or reaction to the medication, the pharmacist shall take appropriate action to avoid or minimize the problem that shall, if necessary, include consultation with the prescriber with documentation of actions taken on the prescription record.
(3) A medication profile record shall be maintained for a period of not less than five years from the date of the last entry in the record.
(4) All prescription drug orders communicated by way of electronic transmission shall conform to federal and state laws and the provisions of the board's rules and regulations.
(d) No registration shall be issued or continued for the conduct of a pharmacy until or unless the provisions of this section have been complied with.
(e) Each pharmacy shall comply with the requirements of the federal drug supply chain security act, 21 U.S.C. § 351 et seq.
History: L. 1953, ch. 290, § 28; L. 1975, ch. 319, § 28; L. 1982, ch. 262, § 2; L. 1986, ch. 235, § 4; L. 1987, ch. 236, § 4; L. 1989, ch. 194, § 1; L. 1994, ch. 254, § 5; L. 1997, ch. 112, § 2; L. 2003, ch. 85, § 2; L. 2017, ch. 34, § 8; April 20.
§ 65-1643 Registration or permit required; pharmacies, manufacturers, wholesale distributors, third-party logistics providers, automated dispensing systems, auctions, sales, distribution or dispensing of samples, retailers, institutional drug rooms, veterinary medical teaching hospital pharmacies; certain acts declared unlawful
It shall be unlawful:
(a) For any person to operate, maintain, open or establish any pharmacy within this state without first having obtained a registration from the board. Each application for registration of a pharmacy shall indicate the person or persons desiring the registration, including the pharmacist-in-charge, as well as the location, including the street name and number, and such other information as may be required by the board to establish the identity and exact location of the pharmacy. The issuance of a registration for any pharmacy shall also have the effect of permitting such pharmacy to operate as a retail dealer without requiring such pharmacy to obtain a retail dealer's permit. On evidence satisfactory to the board: (1) That the pharmacy for which the registration is sought will be conducted in full compliance with the law and the rules and regulations of the board; (2) that the location and appointments of the pharmacy are such that it can be operated and maintained without endangering the public health or safety; and (3) that the pharmacy will be under the supervision of a pharmacist, a registration shall be issued to such persons as the board shall deem qualified to conduct such a pharmacy.
(b) For any person to violate the federal drug supply chain security act, 21 U.S.C. § 351 et seq.
(c) For any person to distribute at wholesale any drugs or devices without first obtaining a registration as a wholesale distributor from the board.
(d) For any person to operate as a third-party logistics provider within this state without having first obtained a registration from the board.
(e) For any person to in any manner distribute or dispense samples of any drugs or devices without first having obtained a permit from the board so to do, and it shall be necessary to obtain permission from the board in every instance where the samples are to be distributed or dispensed. Nothing in this subsection shall be held to regulate or in any manner interfere with the furnishing of samples of drugs to duly licensed practitioners, to mid-level practitioners, to pharmacists or to medical care facilities.
(f) Except as otherwise provided in this subsection, for any person operating a store or place of business to sell, offer for sale or distribute any drugs to the public without first having obtained a registration or permit from the board authorizing such person so to do. No retail dealer who sells 12 or fewer different nonprescription drug products shall be required to obtain a retail dealer's permit under the pharmacy act of the state of Kansas or to pay a retail dealer new permit or permit renewal fee under such act. It shall be lawful for a retail dealer who is the holder of a valid retail dealer's permit issued by the board or for a retail dealer who sells 12 or fewer different nonprescription drug products to sell and distribute nonprescription drugs that are prepackaged, fully prepared by the manufacturer or distributor for use by the consumer and labeled in accordance with the requirements of the state and federal food, drug and cosmetic acts. Such nonprescription drugs shall not include: (1) A controlled substance; (2) a prescription-only drug; or (3) a drug product intended for human use by hypodermic injection; but such a retail dealer shall not be authorized to display any of the words listed in K.S.A.
65-1626(zz), and amendments thereto, for the designation of a pharmacy or drugstore.
(g) For any person to manufacture within this state any drugs or devices except under the personal and immediate supervision of a pharmacist or such other individual as may be approved by the board after an investigation and a determination by the board that such individual is qualified by scientific or technical training or experience to perform such duties of supervision as may be necessary to protect the public health and safety, and no individual shall manufacture any drugs or devices without first obtaining a registration to do so from the board.
(h) For any person to operate an institutional drug room without first having obtained a registration to do so from the board. Such registration shall be subject to the provisions of K.S.A.
65-1637a, and amendments thereto, and any rules and regulations adopted pursuant thereto.
(i) For any person to operate a veterinary medical teaching hospital pharmacy without first having obtained a registration to do so from the board. Such registration shall be subject to the provisions of K.S.A.
65-1662, and amendments thereto, and any rules and regulations adopted pursuant thereto.
(j) For any person to sell or distribute in a pharmacy a controlled substance designated in K.S.A.
65-4113(d) or (e), and amendments thereto, unless:
(1) (A) Such controlled substance is sold or distributed by a licensed pharmacist, or by a registered pharmacy technician, pharmacist intern or clerk supervised by a licensed pharmacist;
(B) any individual purchasing, receiving or otherwise acquiring any such controlled substance produces a valid photo identification showing the date of birth of the individual and signs a log and enters in the log, or allows the seller to enter in the log, such individual's address and the date and time of sale or allows the seller to enter such information into an electronic logging system pursuant to K.S.A.
65-16,102, and amendments thereto. The log or database required by the board shall be available for inspection during regular business hours to the board of pharmacy and any law enforcement officer;
(C) the seller determines that the name entered in the log corresponds to the name provided on such identification and that the date and time entered are correct; and
(D) the seller enters in the log the name of the controlled substance and the quantity sold; or
(2) there is a lawful prescription.
(k) For any pharmacy to allow customers to have direct access to any controlled substance designated in K.S.A.
65-4113(d) or (e), and amendments thereto. Such controlled substance shall be placed behind the counter or stored in a locked cabinet that is located in an area of the pharmacy to which customers do not have direct access.
(l) A seller who in good faith releases information in a log pursuant to subsection (j) to any law enforcement officer is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton or willful misconduct.
(m) For any person to sell or lease or offer for sale or lease durable medical equipment or to supply medical grade oxygen to an end user without first obtaining a registration from the board, in accordance with rules and regulations adopted by the board, except that this subsection shall not apply to:
(1) Sales not made in the regular course of the person's business; or
(2) sales by charitable organizations exempt from federal income taxation pursuant to the internal revenue code of 1986.
(n) For any person to operate as an outsourcing facility within this state, or operate as an outsourcing facility outside of Kansas and ship, mail or deliver drugs into this state, without having first obtained a registration from the board.
(o) For any person to operate an automated dispensing system within this state without having first obtained a registration from the board.
(p) For any person to distribute drugs or devices into Kansas as an out-of-state manufacturer of such drugs or devices without first obtaining a registration as a manufacturer from the board.
History: L. 1953, ch. 290, § 29; L. 1967, ch. 342, § 3; L. 1975, ch. 319, § 29; L. 1979, ch. 193, § 3; L. 1982, ch. 263, § 7; L. 1983, ch. 210, § 2; L. 1986, ch. 231, § 29; L. 1997, ch. 112, § 3; L. 1997, ch. 184, § 2; L. 1999, ch. 38, § 5; L. 1999, ch. 149, § 8; L. 2000, ch. 89, § 2; L. 2005, ch. 153, § 1; L. 2007, ch. 169, § 11; L. 2009, ch. 131, § 9; L. 2014, ch. 49, § 4; L. 2017, ch. 34, § 9; L. 2021, ch. 106, § 10; June 3.
§ 65-1643a Repealed
History: L. 1953, ch. 290, § 29; L. 1967, ch. 342, § 3; L. 1975, ch. 319, § 29; L. 1979, ch. 193, § 3; L. 1982, ch. 262, § 3; Repealed, L. 1983, ch. 210, § 3; April 14.
§ 65-1643b Repealed
History: L. 1953, ch. 290, § 29; L. 1967, ch. 342, § 3; L. 1975, ch. 319, § 29; L. 1979, ch. 193, § 3; L. 1982, ch. 263, § 7; L. 1983, ch. 210, § 2; L. 1986, ch. 231, § 29; L. 1997, ch. 112, § 3; L. 1997, ch. 184, § 2; L. 1999, ch. 38, § 5; L. 1999, ch. 149, § 8; L. 2000, ch. 89, § 2; L. 2005, ch. 153, § 1; L. 2007, ch. 177, § 33; Repealed, L. 2009, ch. 131, § 14; Repealed, L. 2009, ch. 143, § 37; July 1.
§ 65-1643c Repealed
History: L. 1953, ch. 290, § 29; L. 1967, ch. 342, § 3; L. 1975, ch. 319, § 29; L. 1979, ch. 193, § 3; L. 1982, ch. 263, § 7; L. 1983, ch. 210, § 2; L. 1986, ch. 231, § 29; L. 1997, ch. 112, § 3; L. 1997, ch. 184, § 2; L. 1999, ch. 38, § 5; L. 1999, ch. 149, § 8; L. 2000, ch. 89, § 2; L. 2005, ch. 153, § 1; L. 2007, ch. 169, § 11; L. 2009, ch. 143, § 24; Repealed, L. 2010, ch. 155, § 25; June 3.
§ 65-1643d Registration as manufacturer or virtual manufacturer; information required in application; criteria for grant or denial; state board of pharmacy rules and regulations; inspections; registration of manufacturer or virtual manufacturer licensed or registered in another state
(a) The board shall require an applicant for registration as a manufacturer or virtual manufacturer under K.S.A. 65-1643, and amendments thereto, or an applicant for renewal of such a registration, to provide the following information:
(1) The name, full business address and telephone number of the applicant;
(2) all trade or business names used by the applicant;
(3) all addresses, telephone numbers and the names of contact individuals for all facilities used by the applicant for the storage, handling and distribution of prescription drugs or devices;
(4) the type of ownership or operation of the applicant;
(5) the name of the owner or operator of the applicant, including:
(A) If an individual, the name of the individual;
(B) if a partnership, the name of each partner and the name of the partnership;
(C) if a corporation, the name and title of each corporate officer and director of the corporation and the name of the state of incorporation; or
(D) if a sole proprietorship, the full name of the sole proprietor and the name of the business entity; and
(6) any other information as the board deems appropriate.
Changes in any information in this subsection shall be submitted to the board in a form and manner prescribed by the board.
(b) In reviewing the qualifications for applicants for initial registration or renewal of registration as a manufacturer or virtual manufacturer, the board shall consider the following factors:
(1) Any convictions of the applicant under any federal, state or local laws relating to drug samples, manufacture of drugs or devices, wholesale or retail drug distribution or distribution of controlled substances;
(2) any felony convictions of the applicant under federal or state laws;
(3) the applicant's past experience in the manufacture or distribution of prescription drugs including controlled substances;
(4) the furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;
(5) discipline, censure, warning, suspension or revocation by federal, state or local government of any license or registration currently or previously held by the applicant for the manufacture or distribution of any drugs including controlled substances;
(6) compliance with registration requirements under previously granted registrations, if any;
(7) compliance with requirements to maintain or make available to the board or to the federal, state or local law enforcement officials those records required by the federal food, drug and cosmetic act, and rules and regulations adopted pursuant thereto; and
(8) any other factors or qualifications deemed by the board to be relevant to and consistent with the public health and safety.
(c) After consideration of the qualifications for applicants for registration as a manufacturer or virtual manufacturer, the board may deny an initial application for registration or application for renewal of a registration if the board determines that the granting of such registration would not be in the public interest. The authority of the board under this subsection to deny a registration as a manufacturer or virtual manufacturer shall be in addition to the authority of the board under K.S.A. 65-1627(f) and 65-1645(e), and amendments thereto.
(d) The board by rules and regulations shall require that personnel employed by persons registered as a manufacturer or virtual manufacturer have appropriate education or experience to assume responsibility for positions related to compliance with state registration requirements.
(e) The board by rules and regulations may implement this section to conform to any requirements of the federal drug supply chain security act, 21 U.S.C. § 351 et seq., in effect on July 1, 2021.
(f) Each facility that manufactures drugs or devices shall undergo an inspection by the board or a third party recognized by the board prior to initial registration and periodically thereafter in accordance with a schedule to be determined by the board but not less than once every three years. The board shall adopt rules and regulations not later than July 1, 2022, to establish standards and requirements for the issuance and maintenance of a manufacturer and virtual manufacturer registration, including inspections.
(g) The board may register a manufacturer or virtual manufacturer that is licensed or registered under the laws of another state if:
(1) The requirements of that state are deemed by the board to be substantially equivalent to the requirements of this state; or
(2) the applicant is inspected by a third party recognized and approved by the board.
(h) The board by rule and regulation shall establish standards and requirements for the issuance and maintenance of a manufacturer and virtual manufacturer registration, including, but not limited to, requirements regarding the following:
(1) An application and renewal fee;
(2) a surety bond;
(3) registration and periodic inspections;
(4) certification of a designated representative;
(5) designation of a registered agent;
(6) storage of drugs and devices;
(7) handling, transportation and shipment of drugs and devices;
(8) security;
(9) examination of drugs and devices and treatment of those found to be unacceptable as defined by the board;
(10) due diligence regarding other trading partners;
(11) creation and maintenance of records, including transaction records;
(12) procedures for operation; and
(13) procedures for compliance with the requirements of the federal drug supply chain security act, 21 U.S.C. § 351 et seq.
(i) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2021, ch. 106, § 4; June 3.
§ 65-1644 Duplicate licenses, registrations and permits; fees
The board may issue duplicate licenses, registrations or permits upon return of the original, or upon a sworn statement that the original has been lost or destroyed, and has not been given away or disposed of to some other person. Applications for such duplicate licenses, registrations and permits and the affidavits required by this section shall be made on forms furnished by the board. The fee for the issuance of a duplicate registration or permit shall not exceed $1.25 for permits, and $10 for certificates of registration.
History: L. 1953, ch. 290, § 30; L. 1962, ch. 37, § 4; L. 1974, ch. 252, § 3; L. 1975, ch. 319, § 30; L. 1986, ch. 231, § 30; L. 2014, ch. 49, § 5; July 1.
§ 65-1645 Applications for registrations and permits; renewals; forms; establishment of fees; establishment of retail dealer classes; display of registrations and permits; expiration dates; penalty fee for renewal after lapse; proration of fees
(a) Application for registrations or permits under K.S.A. 65-1643, and amendments thereto, shall be made on a form prescribed and furnished by the board. Applications for registration shall contain such information as may be required by the board in accordance with the provisions of K.S.A. 65-1655, 65-1655a and 65-1655b, and amendments thereto. The application shall be accompanied by the fee prescribed by the board under the provisions of this section. When such application and fees are received by the secretary on or before the due date, such application shall have the effect of temporarily renewing the applicant's registration or permit until actual issuance or denial of the renewal. If, at the time of filing, a proceeding is pending before the board that may result in the suspension, probation, revocation or denial of the applicant's registration or permit, the board may declare, by emergency order, that such application for renewal shall not have the effect of temporarily renewing such applicant's registration or permit. Separate applications shall be made and separate registrations or permits issued for each separate place where there is carried on any of the operations for which a registration or permit is required by K.S.A. 65-1643, and amendments thereto.
(b) An application for a registration or permit under K.S.A. 65-1643, and amendments thereto, submitted for a facility physically located outside of the state of Kansas shall be accompanied by an additional non-resident fee prescribed by the board by rules and regulations pursuant to this section. Such fee shall not exceed $350 for a new registration and $250 for a renewal.
(c) The nonrefundable fees required for the issuing of the licenses, registrations or permits under the pharmacy act of the state of Kansas shall be fixed by the board as provided in this section, subject to the following:
(1) Pharmacy, new registration not more than $150, renewal not more than $125;
(2) pharmacist, new license by examination not more than $350;
(3) pharmacist, reinstatement application fee not more than $250;
(4) pharmacist, biennial renewal fee not more than $200;
(5) pharmacist, evaluation fee not more than $250;
(6) pharmacist, reciprocal licensure fee not more than $250;
(7) pharmacist, penalty fee, not more than $500;
(8) manufacturer, new registration not more than $500, renewal not more than $400;
(9) wholesale distributor, new registration not more than $500, renewal not more than $400, except that a wholesale distributor dealing exclusively in nonprescription drugs, the manufacturing, distributing or dispensing of which does not require registration under the uniform controlled substances act, shall be assessed a fee for registration and re-registration not to exceed $50;
(10) special auction not more than $50;
(11) samples distribution not more than $50, renewal not more than $50;
(12) institutional drug room, new registration not more than $40, renewal not more than $35;
(13) retail dealer selling more than 12 different nonprescription drug products, new permit not more than $12, renewal not more than $12;
(14) certification of grades for each applicant for examination and registration not more than $25;
(15) veterinary medical teaching hospital pharmacy, new registration not more than $40, renewal not more than $35;
(16) durable medical equipment registration fee, not more than $300, renewal not more than $300;
(17) third-party logistics provider, new registration not more than $500, renewal not more than $400, except that a third-party logistics provider exclusively providing nonprescription drugs, the manufacturing, distributing or dispensing of which does not require registration under the uniform controlled substances act, shall be assessed a fee for registration and re-registration not to exceed $50;
(18) outsourcing facility, new registration not more than $500, renewal not more than $400;
(19) repackager, new registration not more than $500, renewal not more than $400; or
(20) automated dispensing system registration fee, not more than $40, renewal not more than $35.
(d) For the purpose of fixing fees, the board may establish classes of retail dealers' permits for retail dealers selling more than 12 different nonprescription drug products, and the board may fix a different fee for each such class of permit.
(e) The board shall determine annually the amount necessary to carry out and enforce the provisions of this act for the next ensuing fiscal year and shall fix by rules and regulations the fees authorized for such year at the sum deemed necessary for such purposes. The fees fixed by the board under this section immediately prior to the effective date of this act shall continue in effect until different fees are fixed by the board by rules and regulations as provided under this section.
(f) The board may deny renewal of any registration or permit required by K.S.A. 65-1643, and amendments thereto, on any ground that would authorize the board to suspend, revoke or place on probation a registration or permit previously granted pursuant to the provisions of K.S.A. 65-1643, and amendments thereto. Registrations and permits issued under the provisions of K.S.A. 65-1643 and 65-1644, and amendments thereto, shall be conspicuously displayed in the place for which the registration or permit was granted. Such registrations or permits shall not be transferable. All such registrations and permits shall expire every year. The expiration date shall be established by rules and regulations adopted by the board. All registrations and permits shall be renewed annually. Notice of renewal of registrations and permits shall be sent by the board to each registrant or permittee at least 30 days prior to expiration of the registration or permit. If application for renewal is not made prior to expiration, the existing registration or permit shall lapse and become null and void on the date of its expiration, and no new registration or permit shall be granted except upon payment of the required renewal fee plus a penalty equal to the renewal fee. Failure of any registrant or permittee to receive such notice of renewal shall not relieve the registrant or permittee from the penalty hereby imposed if the renewal is not made as prescribed.
(g) In each case in which a license of a pharmacist is issued or renewed for a period of time less than two years, the board shall prorate to the nearest whole month the license or renewal fee established pursuant to this section.
(h) The board may require that fees paid for any examination under the pharmacy act of the state of Kansas be paid directly to the examination service by the person taking the examination.
History: L. 1953, ch. 290, § 31; L. 1962, ch. 37, § 5; L. 1967, ch. 342, § 4; L. 1974, ch. 252, § 4; L. 1975, ch. 319, § 31; L. 1979, ch. 195, § 1; L. 1979, ch. 196, § 1; L. 1982, ch. 263, § 4; L. 1986, ch. 235, § 5; L. 1987, ch. 236, § 5; L. 1988, ch. 356, § 199; L. 1991, ch. 187, § 4; L. 1991, ch. 189, § 2; L. 1998, ch. 98, § 5; L. 2000, ch. 89, § 3; L. 2002, ch. 184, § 3; L. 2007, ch. 177, § 34; L. 2014, ch. 49, § 6; L. 2017, ch. 34, § 10; L. 2021, ch. 106, § 11; June 3.
§ 65-1646 Violations of act or rules and regulations; penalty; revocation or suspension of registration or permit; notice and hearing
Any person violating any of the provisions of this act or any valid rule and regulation made under the authority conferred by this act shall be guilty of a misdemeanor. Upon conviction, any person holding a registration or permit under the provisions of K.S.A. 65-1643 and amendments thereto may have such registration or permit revoked or suspended. No registration or permit shall be suspended or revoked without first giving the registrant or permitee notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1953, ch. 290, § 32; L. 1975, ch. 319, § 32; L. 1982, ch. 262, § 4; L. 1984, ch. 313, § 108; July 1, 1985.
§ 65-1647 Repeated violations of act or rules and regulations may be enjoined
The board may in its discretion, in addition to the remedies set forth in the preceding section, apply to the court having jurisdiction over the parties and subject matter for a writ of injunction to restrain repetitious violations of the provisions of the pharmacy act of the state of Kansas or violations of any valid rule and regulation made under the authority conferred by such act.
History: L. 1953, ch. 290, § 33; L. 1975, ch. 319, § 33; July 1.
§ 65-1648 Distribution and control of prescription medications by a medical care facility pharmacy, health department, indigent health care clinic, federally qualified health center or family planning clinic; maintenance and use of emergency medication kit by adult care home; rules and regulations
(a) Any medical care facility pharmacy registered by the board may keep drugs in such facility and may supply drugs to its inpatients and outpatients. Distribution and control of prescription medications in a medical care facility pharmacy shall be under the supervision of a pharmacist in charge. A designated registered nurse or nurses or a licensed physician assistant approved by the pharmacist in charge and under the supervision of the pharmacist in charge shall be in charge of the distribution and control of drugs of a medical care facility pharmacy when a pharmacist is not on the premises. Drugs supplied to outpatients when a pharmacist is not on the premises shall be limited to the quantity necessary until a prescription can be filled.
(b) Nothing contained in this act shall be construed as prohibiting an adult care home that utilizes the services of a pharmacist, from maintaining an emergency medication kit approved by the adult care home's medical staff composed of a duly licensed practitioner and a pharmacist. The emergency medication kit shall be used only in emergency cases under the supervision and direction of a duly licensed practitioner, and a pharmacist shall have supervisory responsibility of maintaining said emergency medication kit.
(c) Every adult care home that maintains an emergency medication kit under subsection (b) shall comply with the following requirements:
(1) Drugs in an emergency medication kit shall be maintained under the control of the pharmacist in charge of the pharmacy from which the kit came until administered to the patient upon the proper order of a practitioner.
(2) Drugs contained within the emergency medication kit may include controlled substances, but in such case a pharmaceutical services committee shall be responsible for specifically limiting the type and quantity of controlled substance to be placed in each emergency kit.
(3) Administration of controlled substances contained within the emergency medication kit shall be in compliance with the provisions of the uniform controlled substances act.
(4) The consultant pharmacist of the adult care home shall be responsible for developing procedures, proper control and accountability for the emergency medication kit and shall maintain complete and accurate records of the controlled substances, if any, placed in the emergency kit. Periodic physical inventory of the kit shall be required.
(d) (1) The department of health and environment, any county, city-county or multicounty health department, indigent health care clinic, federally qualified health center and any private not-for-profit family planning clinic, when registered by the board, may keep drugs for the purpose of distributing drugs to patients being treated by that health department, indigent health care clinic, federally qualified health center or family planning clinic. Distribution and control of prescription medications in a health department, indigent health care clinic, federally qualified health center or family planning clinic shall be under the supervision of a pharmacist in charge. A designated registered nurse or nurses or a licensed physician assistant approved by the pharmacist in charge shall be in charge of distribution and control of drugs in the health department, indigent health care clinic, federally qualified health center or family planning clinic under the supervision of the pharmacist in charge when a pharmacist is not on the premises. Drugs supplied to patients when a pharmacist is not on the premises shall be limited to the quantity necessary to complete a course of treatment as ordered by the practitioner supervising such treatment.
(2) The board shall adopt rules and regulations relating to specific drugs to be used, to recordkeeping and to storage of drugs by a health department, indigent health care clinic, federally qualified health center or family planning clinic as are necessary for proper control of drugs.
(3) Any medical care facility pharmacy registered by the board shall comply with the applicable requirements of the federal drug supply chain security act, 21 U.S.C. § 351 et seq.
History: L. 1953, ch. 290, § 34; L. 1967, ch. 342, § 5; L. 1975, ch. 319, § 34; L. 1982, ch. 262, § 5; L. 1985, ch. 214, § 1; L. 2001, ch. 34, § 1; L. 2017, ch. 34, § 11; April 20.
§ 65-1649 Invalidity of part
If any clause, sentence, paragraph, section or part of the pharmacy act of the state of Kansas or the application thereof to any person or circumstances shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, and the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence or paragraph, section or part thereof involved in the controversy, in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent that such act would have been enacted had such unconstitutional or invalid provisions not been included.
History: L. 1953, ch. 290, § 35; L. 1967, ch. 342, § 6; L. 1975, ch. 319, § 45; July 1.
§ 65-1650 Regulation of advertising of prescription-only drugs; exceptions and exclusions
The board of pharmacy is hereby authorized to regulate the advertising, but not the prices or discounts, of prescription-only drugs. The provisions of this section shall not be construed to: (1) Authorize the state board of pharmacy to require, regulate or prohibit the posting within a pharmacy of the current charges by such pharmacy for prescription-only drugs and services, nor, (2) restrict the offering of discounts on prescription-only drugs.
History: L. 1974, ch. 252, § 5; L. 1975, ch. 319, § 35; July 1.
§ 65-1651 Sections part of and supplemental to pharmacy act
The provisions of K.S.A. 65-1627a to 65-1627h, inclusive, 65-1628a, 65-1628b and 65-1650, are hereby declared to be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1975, ch. 319, § 46; July 1.
§ 65-1651a Repealed
History: L. 2006, ch. 177, § 2; Repealed, L. 2017, ch. 34, § 24; April 20.
§ 65-1652 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions
(a) No person reporting to the board of pharmacy under oath and in good faith any information such person may have relating to alleged incidents of malpractice or the qualifications, fitness or character or a pharmacist shall be subject to a civil action for damages as a result of reporting such information.
(b) Any state, regional or local association of pharmacists 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 any pharmacist to the board of pharmacy or to any committee or agent thereof, shall be immune from liability in any civil action, that is based upon such information 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.
(c) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1976, ch. 261, § 5; L. 1986, ch. 231, § 31; June 1.
§ 65-1653 References to registered pharmacists deemed to apply to licensed pharmacists
(a) Whenever registered pharmacist, or words of like effect, is referred to or designated by a statute, rule and regulation, contract or other document in reference to a pharmacist registered under the pharmacy act of the state of Kansas, such reference or designation shall be deemed to apply to a licensed pharmacist under this act.
(b) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1986, ch. 231, § 38; June 1.
§ 65-1654 Privileged communications
(a) The confidential communications between a licensed pharmacist and the pharmacist's patient and records of prescription orders filled by the pharmacist are placed on the same basis of confidentiality as provided by law for communications between a physician and the physician's patient and records of prescriptions dispensed by a physician. Nothing in this subsection shall limit the authority of the board or other persons, as provided by law, from inspecting the book or file of prescription orders kept by a pharmacy or firm performing any duty or exercising any authority as otherwise provided by law.
(b) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1989, ch. 193, § 3; July 1.
§ 65-1655 Information required of applicant for registration as a wholesale distributor; factors in reviewing qualifications of applicants; denial of application if not in public interest; qualifications of personnel; inspection by the board; rules and regulations
(a) The board shall require an applicant for registration as a wholesale distributor under K.S.A. 65-1643, and amendments thereto, or an applicant for renewal of such a registration, to provide the following information:
(1) The name, full business address and telephone number of the applicant;
(2) all trade or business names used by the applicant;
(3) addresses, telephone numbers, and the names of contact persons for all facilities used by the applicant for the storage, handling and distribution of prescription drugs;
(4) the type of ownership or operation of the applicant;
(5) the name of the owner or operator, or both, of the applicant, including:
(A) If a person, the name of the person;
(B) if a partnership, the name of each partner and the name of the partnership;
(C) if a corporation, the name and title of each corporate officer and director, the corporate names and the name of the state of incorporation;
(D) if a sole proprietorship, the full name of the sole proprietor and the name of the business entity; and
(6) such other information as the board deems appropriate.
Changes in any information in this subsection shall be submitted to the board as required by the board.
(b) In reviewing the qualifications for applicants for initial registration or renewal of registration as a wholesale distributor, the board shall consider the following factors:
(1) Any convictions of the applicant under any federal, state or local laws relating to drug samples, wholesale or retail drug distribution or distribution of controlled substances;
(2) any felony convictions of the applicant under federal or state laws;
(3) the applicant's past experience in the manufacture or distribution of prescription drugs, including controlled substances;
(4) the furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;
(5) suspension or revocation by federal, state or local government of any license or registration currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances;
(6) compliance with registration requirements under previously granted registrations, if any;
(7) compliance with requirements to maintain or make available to the board or to federal, state or local law enforcement officials those records required by [the] federal food, drug and cosmetic act and rules and regulations adopted pursuant thereto; and
(8) any other factors or qualifications the board considers relevant to and consistent with the public health and safety.
(c) After consideration of the qualifications for applicants for registration as a wholesale distributor, the board may deny an initial application for registration or application for renewal of a registration if the board determines that the granting of such registration would not be in the public interest. The authority of the board under this subsection to deny a registration as a wholesale distributor shall be in addition to the authority of the board under K.S.A. 65-1627(e), and amendments thereto, or K.S.A. 65-1645(e), and amendments thereto.
(d) The board by rules and regulations shall require that personnel employed by persons registered as a wholesale distributor have appropriate education or experience, or both, to assume responsibility for positions related to compliance with state registration requirements.
(e) The board by rules and regulations may implement this section to conform to any requirements of the federal drug supply chain security act, 21 U.S.C. § 351 et seq., in effect on the effective date of this act.
(f) Each facility that engages in wholesale distribution must undergo an inspection by the board or a third party recognized by the board to inspect wholesale distributors for the purpose of inspecting the wholesale distribution operations prior to initial registration and periodically thereafter in accordance with a schedule to be determined by the board but not less than once every three years. The board shall adopt rules and regulations to establish standards and requirements for the issuance and maintenance of a wholesale distributor registration, including inspections of wholesale distributor facilities domiciled in the state.
(1) Individual or third-party inspectors must demonstrate to the board that they have received training or demonstrate familiarity with the inspection standards. Evidence such as a letter of certification from a training program, notice from the inspector's employing third-party organization or other means recognized by the board shall be accepted as meeting the requirement.
(2) The board may register a wholesale distributor that is licensed or registered under the laws of another state if:
(A) The requirements of that state are deemed by the board to be substantially equivalent; or
(B) the applicant is inspected by a third party recognized and approved by the board.
(g) A person licensed or approved by the FDA to engage in wholesale distribution need only satisfy the minimum federal requirements for licensure provided in FDA regulations 21 C.F.R. part 205 to provide wholesale distribution services.
(h) The board by rule and regulation shall establish standards and requirements for the issuance and maintenance of a wholesale distributor registration, including, but not limited to, requirements regarding the following:
(1) An application and renewal fee;
(2) a surety bond;
(3) registration and periodic inspections;
(4) certification of a designated representative;
(5) designation of a registered agent;
(6) storage of drugs and devices;
(7) handling, transportation and shipment of drugs and devices;
(8) security;
(9) examination of drugs and devices and treatment of those found to be unacceptable as defined by the board;
(10) due diligence regarding other trading partners;
(11) creation and maintenance of records, including transaction records;
(12) procedures for operation; and
(13) procedures for compliance with the requirements of the federal drug supply chain security act, 21 U.S.C. § 351 et seq.
(i) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1991, ch. 189, § 1; L. 1995, ch. 106, § 4; L. 2007, ch. 177, § 35; L. 2017, ch. 34, § 12; April 20.
§ 65-1655a Information required of applicant for registration as third-party logistics provider; factors for reviewing qualifications of applicants; denial of application if not in public interest; inspection by the board; rules and regulations
(a) The board shall require an applicant for registration to operate as a third-party logistics provider under K.S.A. 65-1643, and amendments thereto, or an applicant for renewal of such a registration, to provide the following information:
(1) The name, full business address and telephone number of the applicant;
(2) all trade or business names used by the applicant;
(3) addresses, telephone numbers, and the names of contact persons for all facilities used by the applicant for the storage, handling and distribution of prescription drugs;
(4) the type of ownership or operation of the applicant;
(5) the name of the owner or operator, or both, of the applicant, including:
(A) If a person, the name of the person;
(B) if a partnership, the name of each partner, and the name of the partnership;
(C) if a corporation, the name and title of each corporate officer and director, the corporate names and the name of the state of incorporation;
(D) if a sole proprietorship, the full name of the sole proprietor and the name of the business entity; and
(6) such other information as the board deems appropriate.
Changes in any information in this subsection shall be submitted to the board as required by the board.
(b) In reviewing the qualifications for applicants for initial registration or renewal of registration to operate as a third-party logistics provider, the board shall consider the following factors:
(1) Any convictions of the applicant under any federal, state or local laws relating to drug samples, wholesale or retail drug distribution or distribution of controlled substances;
(2) any felony convictions of the applicant under federal or state laws;
(3) the applicant's past experience in the manufacture or distribution of prescription drugs, including controlled substances;
(4) the furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;
(5) suspension or revocation by any federal, state or local government of any license or registration currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances;
(6) compliance with registration requirements under previously granted registrations, if any;
(7) compliance with requirements to maintain or make available to the board or to federal state or local law enforcement officials those records required by the federal food, drug and cosmetic act, and rules and regulations adopted pursuant thereto; and
(8) any other factors or qualifications the board considers relevant to and consistent with the public health and safety.
(c) After consideration of the qualifications for applicants for registration to operate as a third-party logistics provider, the board may deny an initial application for registration or application for renewal of a registration if the board determines that the granting of such registration would not be in the public interest. The authority of the board under this subsection to deny a registration to operate a third-party logistics provider shall be in addition to the authority of the board under K.S.A. 65-1627(e) or 65-1645(e), and amendments thereto.
(d) The board by rules and regulations shall require that personnel employed by persons registered to operate as a third-party logistics provider have appropriate education or experience, or both, to assume responsibility for positions related to compliance with state registration requirements.
(e) The board by rules and regulations may implement this section to conform to any requirements of the federal drug supply chain security act, 21 U.S.C. § 351 et seq., in effect on the effective date of this act.
(f) Each facility that operates as a third-party logistics provider must undergo an inspection by the board or a third party recognized by the board to inspect third-party logistics provider operations prior to initial registration and periodically thereafter in accordance with a schedule to be determined by the board, but not less than once every three years. The board shall adopt rules and regulations to establish standards and requirements for the issuance and maintenance of a third-party logistics provider registration, including inspections of third-party logistics provider facilities domiciled in the state.
(1) Individual or third-party inspectors must demonstrate to the board that they have received training or demonstrate familiarity with the inspection standards. Evidence, such as a letter of certification from a training program, notice from the inspector's employing third-party organization or other means recognized by the board shall be accepted as meeting the requirement.
(2) The board may register a third-party logistics provider that is licensed or registered under the laws of another state if:
(A) The requirements of that state are deemed by the board to be substantially equivalent; or
(B) the applicant is inspected by a third party recognized and approved by the board.
(g) A person licensed or approved by the FDA to engage in third-party logistics need only satisfy the minimum federal requirements for licensure provided in FDA regulations 21 C.F.R. part 205 to provide third-party logistics services.
(h) The board by rules and regulations shall establish standards and requirements for the issuance and maintenance of a third-party logistics provider registration, including, but not limited to, requirements regarding the following:
(1) An application and renewal fee;
(2) a surety bond;
(3) registration and periodic inspections;
(4) certification of a designated representative;
(5) designation of a registered agent;
(6) storage of drugs and devices;
(7) handling, transportation and shipment of drugs and devices;
(8) security;
(9) examination of drugs and devices and treatment of those found to be unacceptable as defined by the board;
(10) due diligence regarding other trading partners;
(11) creation and maintenance of records, including transaction records;
(12) procedures for operation; and
(13) procedures for compliance with the requirements of the federal drug supply chain security act, 21 U.S.C. § 351 et seq.
(i) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2017, ch. 34, § 13; April 20.
§ 65-1655b Information required of applicant for registration as outsourcing facility; factors for reviewing qualifications of applicants; denial of application if not in public interest; inspection by the board; rules and regulations
(a) The board shall require an applicant for registration as an outsourcing facility under K.S.A. 65-1643, and amendments thereto, or an applicant for renewal of such a registration, to provide the following information:
(1) The name, full business address and telephone number of the applicant;
(2) all trade or business names used by the applicant;
(3) the type of ownership or operation of the applicant;
(4) the name of the owner or operator, or both, of the applicant, including:
(A) If a person, the name of the person;
(B) if a partnership, the name of each partner, and the name of the partnership;
(C) if a corporation, the name and title of each corporate officer and director, the corporate names and the name of the state of incorporation;
(D) if a sole proprietorship, the full name of the sole proprietor and the name of the business entity;
(5) a copy of the valid FDA registration as an outsourcing facility as required by 21 U.S.C. § 353b;
(6) the name and license number of the pharmacist who is designated as the pharmacist-in-charge of the outsourcing facility;
(7) a copy of a current inspection report resulting from an FDA inspection that indicates compliance with the requirements of the federal food, drug and cosmetic act, including guidance documents and current good manufacturing practices established by the FDA, or if no FDA inspection has been conducted within the prior two-year period, the outsourcing facility must undergo an inspection pursuant to subsection (e); and
(8) such other information as the board deems appropriate.
Changes in any information in this subsection shall be submitted to the board as required by the board.
(b) In reviewing the qualifications for applicants for initial registration or renewal of registration as an outsourcing facility, the board shall consider the following factors:
(1) Any convictions of the applicant under any federal, state or local laws relating to drug samples, wholesale or retail drug distribution or distribution of controlled substances;
(2) any felony convictions of the applicant under federal or state laws;
(3) the applicant's past experience in the manufacture or distribution of prescription drugs, including controlled substances;
(4) the furnishing by the applicant of false or fraudulent material in any application made in connection with drug manufacturing or distribution;
(5) suspension or revocation by any federal, state or local government of any license or registration currently or previously held by the applicant for the manufacture or distribution of any drugs, including controlled substances;
(6) compliance with registration requirements under previously granted registrations, if any;
(7) compliance with requirements to maintain or make available to the board or to federal, state or local law enforcement officials those records required by the federal food, drug and cosmetic act, and rules and regulations adopted pursuant thereto; and
(8) any other factors or qualifications the board considers relevant to and consistent with the public health and safety.
(c) After consideration of the qualifications for applicants for registration as an outsourcing facility, the board may deny an initial application for registration or application for renewal of a registration if the board determines that the granting of such registration would not be in the public interest. The authority of the board under this subsection to deny a registration to operate as an outsourcing facility shall be in addition to the authority of the board under K.S.A. 65-1627(e) or 65-1645(e), and amendments thereto.
(d) The board by rules and regulations shall require that personnel employed by persons registered as an outsourcing facility have appropriate education or experience, or both, to assume responsibility for positions related to compliance with state registration requirements.
(e) Each outsourcing facility must undergo an inspection by the board or a third party recognized by the board for the purpose of inspecting operations prior to initial registration and periodically thereafter in accordance with a schedule to be determined by the board, but not less than once every three years. The board shall adopt rules and regulations to establish standards and requirements for the issuance and maintenance of an outsourcing facility registration, including inspections of facilities domiciled in the state.
(f) The board by rules and regulations shall establish standards and requirements for the issuance and maintenance of an outsourcing facility registration, including, but not limited to, requirements regarding the following:
(1) An application and renewal fee;
(2) a surety bond;
(3) registration and periodic inspections;
(4) certification of a designated representative;
(5) designation of a registered agent;
(6) storage of drugs and devices;
(7) handling, transportation and shipment of drugs and devices;
(8) security;
(9) examination of drugs and devices and treatment of those found to be unacceptable as defined by the board;
(10) due diligence regarding other trading partners;
(11) creation and maintenance of records, including transaction records; and
(12) procedures for operation.
(g) Notwithstanding any other provision, no outsourcing facility may distribute or dispense any drug to any person pursuant to a prescription unless it is also registered as a pharmacy in this state and meets all other applicable requirements of federal and state law.
(h) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2017, ch. 34, § 14; April 20.
§ 65-1656 Filling transferred prescriptions; exceptions and conditions; common electronic prescription files authorized; rules and regulations
(a) Nothing contained in the pharmacy act of the state of Kansas shall prohibit a pharmacist licensed in this state from filling or refilling a valid prescription for prescription drugs not listed in schedule II of the uniform controlled substances act, that is on file in a pharmacy licensed or registered in any state and has been transferred from one pharmacy to another upon the following conditions and exceptions:
(1) Prior to dispensing pursuant to any such prescription, the dispensing pharmacist shall:
(A) Ensure records and notifications are in compliance with rules and regulations adopted by the board; and
(B) obtain the consent of the prescriber to the refilling of the prescription when the prescription, in the professional judgment of the dispensing pharmacist, so requires. Any interference with the professional judgment of the dispensing pharmacist by any other licensed pharmacist, agents of the licensed pharmacist or employees shall be grounds for revocation or suspension of the registration issued to the pharmacy.
(2) Upon receipt of a request for the transfer of a prescription record, if the requested pharmacist is satisfied in the professional judgment of the pharmacist that such request is valid and legal, the requested pharmacy shall:
(A) Provide such information accurately and completely;
(B) ensure records and notifications are made in compliance with rules and regulations adopted by the board; and
(C) provide information in a timely manner to avoid interruption in the medication therapy of the patient.
(3) When filling or refilling a valid prescription on file in another state, the dispensing pharmacist shall be required to follow all the requirements of Kansas law that apply to the dispensing of prescription drugs. If anything in Kansas law prevents the filling or refilling of the original prescription it shall be unlawful to dispense pursuant to this section.
(4) In addition to any other requirement of this section, the transfer of original prescription information for a controlled substance listed in schedules III, IV and V for the purposes of refill dispensing shall be made in accordance with the requirements of 21 C.F.R. § 1306.25.
(b) Two or more pharmacies may establish and use a common electronic file to maintain required dispensing information. Pharmacies using such a common electronic file are not required to physically transfer prescriptions or information for dispensing purposes between or among pharmacies participating in the same common prescription file, except that any such common file must contain complete and adequate records of such prescription and refill dispensed as required by the pharmacy act of the state of Kansas.
(c) The board may adopt such rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes of and to enforce the provisions of this section except that the board shall not impose greater requirements on either common electronic files or a hard copy record system.
(d) Nothing in this section shall prevent a pharmacy from forwarding to another pharmacy an original, unfilled prescription for a noncontrolled substance or electronically forwarding an original, unfilled, electronic prescription for a controlled substance, at the request of the patient, in compliance with the provisions of the federal or state uniform controlled substances act.
(e) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1992, ch. 304, § 1; L. 1994, ch. 247, § 1; L. 1998, ch. 86, § 1; L. 2021, ch. 106, § 12; June 3.
§ 65-1657 Nonresident pharmacy registration; information required; civil fine; regulatory requirements; drug product selection rules; interstate delivery guidelines; disciplinary action; pharmacies prohibited from advertising unless registered; penalties for violations; injunctive relief; rules and regulations
(a) No nonresident pharmacy shall ship, mail or deliver, in any manner, prescription drugs or devices to a patient, patient's agent or prescriber's office in this state unless registered under this section as a nonresident pharmacy. Applications for a nonresident pharmacy registration under this section shall be made on a form furnished by the board. A nonresident pharmacy registration shall be granted for a period of one year upon compliance by the nonresident pharmacy with the provisions of this section and rules and regulations adopted pursuant to this section and upon payment of the registration fee established under K.S.A.
65-1645, and amendments thereto, for a pharmacy registration. A nonresident pharmacy registration shall be renewed annually on forms provided by the board, upon compliance by the nonresident pharmacy with the provisions of this section and rules and regulations adopted pursuant to this section and upon payment of the renewal fee established under K.S.A.
65-1645, and amendments thereto, for the renewal of a pharmacy registration.
(b) As conditions for the granting of a registration and for the renewal of a registration for a nonresident pharmacy, the nonresident pharmacy shall comply with the following:
(1) Provide information to the board to indicate the person or persons applying for the registration, the location of the pharmacy from which the prescription drugs will be dispensed, the names and titles of all principal owners and corporate officers, if any, and the names of all pharmacists dispensing prescription drugs to residents of Kansas;
(2) be registered and in good standing in the state in which such pharmacy is located;
(3) maintain, in readily retrievable form, records of prescription drugs dispensed to Kansas patients;
(4) supply upon request, all information needed by the board to carry out the board's responsibilities under this section and rules and regulations adopted pursuant to this section;
(5) maintain pharmacy hours that permit the timely dispensing of drugs to Kansas patients and provide reasonable access for the patients to consult with a licensed pharmacist about such patients' medications;
(6) provide toll-free telephone communication consultation between a Kansas patient and a pharmacist at the pharmacy who has access to the patient's records, and ensure that the telephone number will be placed upon the label affixed to each prescription drug container dispensed in Kansas; and
(7) provide to the board such other information as the board may reasonably request to administer the provisions of this section.
(c) Each nonresident pharmacy shall comply with the following unless compliance would be in conflict with specific laws or rules and regulations of the state in which the pharmacy is located:
(1) All statutory and regulatory requirements of Kansas for controlled substances, including those that are different from federal law;
(2) labeling of all prescriptions dispensed, to include, but not be limited to, identification of the product and quantity dispensed;
(3) all the statutory and regulatory requirements of Kansas for dispensing prescriptions in accordance with the quantities indicated by the prescriber; and
(4) the Kansas law regarding the maintenance and use of the patient medication profile record system.
(d) In addition to the requirements of subsection (c), each nonresident pharmacy shall comply with all the statutory and regulatory requirements of Kansas regarding drug product selection laws whether or not such compliance would be in conflict with specific laws or rules and regulations of the state in which the pharmacy is located, except that compliance that constitutes only a minor conflict with specific laws or rules and regulations of the state in which the pharmacy is located would not be required under this subsection.
(e) Each nonresident pharmacy shall develop and provide the board with a policy and procedure manual that sets forth:
(1) Normal delivery protocols and times;
(2) the procedure to be followed if the patient's medication is not available at the nonresident pharmacy, or if delivery will be delayed beyond the normal delivery time;
(3) the procedure to be followed upon receipt of a prescription for an acute illness. Such policy shall include a procedure for delivery of the medication to the patient from the nonresident pharmacy at the earliest possible time, or an alternative that assures the patient the opportunity to obtain the medication at the earliest possible time; and
(4) the procedure to be followed when the nonresident pharmacy is advised that the patient's medication has not been received within the normal delivery time and that the patient is out of medication and requires interim dosage until mailed prescription drugs become available.
(f) The board may limit, condition, revoke, suspend or place in a probationary status a registration or deny an application for issuance or renewal of any registration on any ground that would authorize the board to take action against the registration of a pharmacy under K.S.A.
65-1627, and amendments thereto.
(g) The board shall adopt rules and regulations that make exceptions to the requirement of registration by a nonresident pharmacy when the out-of-state pharmacy supplies lawful refills to a patient from a prescription that was originally filled and delivered to a patient within the state in which the nonresident pharmacy is located, or when the prescriptions being mailed into the state of Kansas by a nonresident pharmacy occurs only in isolated transactions. In determining whether the prescriptions being mailed into the state of Kansas by a nonresident pharmacy are isolated transactions, the board shall consider whether the pharmacy has promoted its services in this state and whether the pharmacy has a contract with any employer or organization to provide pharmacy services to employees or other beneficiaries in this state.
(h) It is unlawful for any nonresident pharmacy that is not registered under this act to advertise its services in this state, or for any person who is a resident of this state to advertise the pharmacy services of a nonresident pharmacy that has not registered with the board, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy to fill prescriptions.
(i) Upon request of the board, the attorney general may bring an action in a court of competent jurisdiction for injunctive relief to restrain a violation of the provisions of this section or any rules and regulations adopted by the board under authority of this section. The remedy provided under this subsection shall be in addition to any other remedy provided under this section or under the pharmacy act of the state of Kansas.
(j) The board may adopt rules and regulations as necessary and as are consistent with this section to carry out the provisions of this section.
(k) A violation of this section is a severity level 10, nonperson felony.
(l) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1992, ch. 304, § 2; L. 1994, ch. 247, § 2; L. 2001, ch. 5, § 228; L. 2008, ch. 75, § 2; L. 2008, ch. 150, § 7; L. 2021, ch. 106, § 13; June 3.
§ 65-1658 Civil fines for violations
The state board of pharmacy, in addition to any other penalty prescribed under the pharmacy act of the state of Kansas, may assess a civil fine, after notice and an opportunity to be heard in accordance with the Kansas administrative procedure act, against any licensee or registrant under K.S.A. 65-1627(a), (c), (d), (e) and (f), 65-1643, 65-1657, 65-1663 and 65-1676, and amendments thereto, for violation of the pharmacy act of the state of Kansas, rules and regulations of the state board of pharmacy adopted under the pharmacy act of the state of Kansas or for violation of the federal or state uniform controlled substances act or rules and regulations of the state board of pharmacy adopted under the federal or state uniform controlled substances act or for violation of the federal or state food, drug and cosmetic act or any rules and regulations adopted under any such act in an amount not to exceed $5,000 for each violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, credited to the state board of pharmacy fee fund.
History: L. 1994, ch. 118, § 1; L. 1995, ch. 106, § 5; L. 1998, ch. 98, § 6; L. 2001, ch. 5, § 229; L. 2002, ch. 184, § 4; L. 2021, ch. 106, § 14; June 3.
§ 65-1659 Pharmacies authorized to place certain drugs with home health agencies and hospices; protocols for drug handling and storage; review and inspection; definitions
(a) A pharmacy will be allowed to place certain drugs with a home health agency's authorized employees and with a hospice's authorized employees for the betterment of public health. The pharmacy shall remain the legal owner of the drugs. A written agreement between the pharmacy and home health agency or hospice shall document the protocol for handling and storage of these drugs by authorized employees and shall be approved by the pharmacist in charge. The pharmacist in charge shall review the protocol to assure that safe, secure and accountable handling of legend drugs is maintained under the protocol before giving approval. The pharmacist in charge or a pharmacist designee shall physically inspect and review the drug storage and handling at the home health agency and the hospice at least quarterly during the year.
(b) The home health agency protocol and the hospice protocol shall include, but not be limited to, the following:
(1) Safe and secure storage of drugs;
(2) access to drugs limited to authorized employees;
(3) records of drugs checked out to authorized employees and records of drugs, amounts, to whom and by whom administered;
(4) prompt notification of the pharmacy when a drug is used, including the prescriber, patient, drug, dosage form, directions for use and other pertinent information;
(5) billing information;
(6) procedures for handling drugs beyond their expiration date; and
(7) inventory control.
(c) The following legend drugs shall be allowed under these agreements:
(1) Sterile water for injection or irrigation;
(2) sterile saline solution for injection or irrigation;
(3) heparin flush solution;
(4) diphenhydramine injectable; and
(5) epinephrine injectable.
(d) As used in this section: (1) "Authorized employee" means any employee of a home health agency or hospice who, in the course of the employee's duties, is licensed by the employee's appropriate licensing agency to administer legend drugs; (2) "home health agency" means an entity required to be licensed under K.S.A. 65-5102 and amendments thereto; and (3) hospice means an entity authorized to hold itself out to the public as a hospice or as a licensed hospice under K.S.A. 65-6202 and amendments thereto.
(e) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1996, ch. 132, § 1; April 11.
§ 65-1660 Dialysates, devices or drugs designated by board for treatment of persons with chronic kidney failure; inapplicability of pharmacy act; rules and regulations
(a) Except as otherwise provided in this section, the provisions of the pharmacy act of the state of Kansas shall not apply to dialysates, devices or drugs which are designated by the board for the purposes of this section relating to treatment of a person with chronic kidney failure receiving dialysis and which are prescribed or ordered by a physician or a mid-level practitioner for administration or delivery to a person with chronic kidney failure if:
(1) The wholesale distributor is registered with the board and lawfully holds the drug or device; and
(2) the wholesale distributor: (A) Delivers the drug or device to: (i) A person with chronic kidney failure for self-administration at the person's home or specified address; (ii) a physician for administration or delivery to a person with chronic kidney failure; or (iii) a medicare approved renal dialysis facility for administering or delivering to a person with chronic kidney failure; and (B) has sufficient and qualified supervision to adequately protect the public health.
(b) The wholesale distributor pursuant to subsection (a) shall be supervised by a pharmacist consultant pursuant to rules and regulations adopted by the board.
(c) The board shall adopt such rules or regulations as are necessary to effectuate the provisions of this section.
(d) As used in this section, "physician" means a person licensed to practice medicine and surgery; "mid-level practitioner" means mid-level practitioner as such term is defined in K.S.A. 65-1626, and amendments thereto.
(e) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 1998, ch. 91, § 1; L. 1999, ch. 115, § 11; L. 2017, ch. 34, § 19; April 20.
§ 65-1661 Repealed
History: L. 1998, ch. 91, § 2; Repealed, L. 2006, ch. 34, § 1; July 1.
§ 65-1662 Veterinary medical teaching hospital pharmacy; distribution and control of prescription-only drugs; pharmacist in charge
(a) Distribution and control of prescription-only drugs in a veterinary medical teaching hospital pharmacy shall be under the supervision of a pharmacist in charge. The pharmacist in charge shall also be responsible for establishing and maintaining adequate policies and procedures for training of personnel; storage and maintenance of prescription-only drugs and equipment; quality assurance, labeling, packaging and distribution of prescription-only drugs; recordkeeping and security.
(b) The board shall adopt such rules and regulations relating to the policies and procedures for veterinary medical teaching hospital pharmacies as necessary for proper control of prescription-only drugs by such veterinary medical teaching hospital pharmacies and adequate safety.
(c) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2000, ch. 89, § 4; April 27.
§ 65-1663 Registration of pharmacy technicians; applications; registration fee; qualifications for registration; restrictions on tasks performed; expiration and renewal of registration; grounds for denial of application or registration; revocation, suspension or limitation of registration; change of name, address or email address; responsibilities of pharmacists, pharmacies and pharmacy technicians; rules and regulations
(a) It shall be unlawful for any person to function as a pharmacy technician in this state unless such person is registered with the board as a pharmacy technician. Every person registered as a pharmacy technician shall have graduated from an accredited high school or its equivalent, obtained a graduate equivalent diploma (GED) or be enrolled and in good standing in a high school education program. Every person registered as a pharmacy technician shall pass one or more examinations identified and approved by the board within the period or periods of time specified by the board after becoming registered. The board shall adopt rules and regulations identifying the required examinations, when they must be passed and establishing the criteria for the required examinations and passing scores. The board may include as a required examination any national pharmacy technician certification examination. The board shall adopt rules and regulations restricting the tasks a pharmacy technician may perform prior to passing any required examinations.
(b) All applications for registration shall be made on a form to be prescribed and furnished by the board. Each application for registration shall be accompanied by a registration fee fixed by the board by rule and regulation not to exceed $50.
(c) The board shall take into consideration any felony conviction of an applicant, but such conviction shall not automatically operate as a bar to registration.
(d) Except as otherwise provided in this subsection, each pharmacy technician registration issued by the board shall expire every two years. The expiration date shall be established by rules and regulations adopted by the board. To provide for a system of biennial renewal of pharmacy technician registrations, the board may provide by rules and regulations that registrations issued or renewed may expire less than two years from the date of issuance or renewal. Each applicant for renewal of a pharmacy technician registration shall be made on a form prescribed and furnished by the board and shall be accompanied by a renewal fee fixed by the board by rule and regulation not to exceed $25. Pharmacy technician registration renewal fees may be prorated for registration periods which are less than biennial in accordance with rules and regulations of the board. Except as otherwise provided in this subsection, the application for registration renewal, when accompanied by the renewal fee and evidence satisfactory to the board that the person has successfully complied with the rules and regulations of the board establishing the requirements for a program of continuing pharmacy technician education and received by the secretary on or before the date of expiration of the registration, shall have the effect of temporarily renewing the applicant's registration until actual issuance or denial of the renewal registration. If at the time of filing a proceeding is pending before the board which may result in the suspension, probation, revocation or denial of the applicant's registration, the board may by emergency order declare that the application for renewal shall not have the effect of temporarily renewing such applicant's registration. If the renewal fee is not paid prior to the expiration date of the renewal year, the registration is void.
(e) Continuing pharmacy technician education requirements shall be fixed by the board at not more than 20 clock hours biennially of a program of continuing education approved by the board. Continuing education hours may be prorated for licensure periods that are less than biennial in accordance with rules and regulations of the board.
(f) (1) The board may limit, suspend or revoke a registration or deny an application for issuance or renewal of any registration as a pharmacy technician on any ground, which would authorize the board to take action against the license of a pharmacist under K.S.A. 65-1627, and amendments thereto.
(2) The board may require a physical or mental examination, or both, of a person applying for or registered as a pharmacy technician.
(3) The board may temporarily suspend or temporarily limit the registration of any pharmacy technician in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that grounds exist for disciplinary action under this section against the registrant and that the registrant's continuation of pharmacy technician functions would constitute an imminent danger to the public health and safety.
(4) Proceedings under this section shall be subject to the Kansas administrative procedure act.
(g) Every registered pharmacy technician, within 30 days of obtaining new employment or ceasing employment as a pharmacy technician, shall notify the secretary of the name and address of the new employer or cessation of employment.
(h) Every pharmacy technician who changes their residential address, email address or legal name shall, within 30 days thereof, notify the secretary of such change on a form prescribed and furnished by the board.
(i) Each pharmacy shall at all times maintain a list of the names of pharmacy technicians employed by the pharmacy. A pharmacy technician shall work under the direct supervision and control of a pharmacist, and while on duty, shall wear a name badge or similar identification with the pharmacy technician's name and designation as a pharmacy technician. It shall be the responsibility of the supervising pharmacist to determine that the pharmacy technician is in compliance with the applicable rules and regulations of the board, and the supervising pharmacist shall be responsible for the acts and omissions of the pharmacy technician in the performance of the pharmacy technician's duties. The ratio of pharmacy technicians to pharmacists in the prescription area of a pharmacy shall be prescribed by the board by rule and regulation. Any change in the ratio of pharmacy technicians to pharmacists in the prescription area of the pharmacy must be adopted by a vote of no less than six members of the board.
(j) Every registered pharmacy technician shall display the current registration in that part of the place of business in which such person is engaged in pharmacy technician activities.
(k) Every pharmacy technician registered after July 1, 2017, shall be required to pass a certified pharmacy technician examination approved by the board.
(l) The board shall adopt such rules and regulations as are necessary to ensure that pharmacy technicians are adequately trained as to the nature and scope of their lawful duties.
(m) The board may adopt rules and regulations as may be necessary to carry out the purposes and enforce the provisions of this act.
(n) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2003, ch. 85, § 1; L. 2005, ch. 66, § 1; L. 2006, ch. 40, § 1; L. 2009, ch. 131, § 11; L. 2014, ch. 49, § 7; L. 2017, ch. 34, § 15; April 20.
§ 65-1664 Repealed
History: L. 2005, ch. 121, § 1; Repealed, L. 2013, ch. 114, § 12; July 1.
§ 65-1665 Repealed
History: L. 2005, ch. 121, § 2; Repealed, L. 2013, ch. 114, § 12; July 1.
§ 65-1666 Repealed
History: L. 2005, ch. 121, § 3; Repealed, L. 2013, ch. 114, § 12; July 1.
§ 65-1667 Repealed
History: L. 2005, ch. 121, § 4; Repealed, L. 2013, ch. 114, § 12; July 1.
§ 65-1668 Utilization of unused medications act; not applicable to certain medications
(a) K.S.A. 65-1668 through 65-1675, and amendments thereto, shall be known and may be cited as the "utilization of unused medications act."
(b) The provisions of the utilization of unused medications act shall not apply to any drug, prescription drug or medication purchased or provided with moneys provided under title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto, or title XXI of the federal social security act, section 4901 of public law 105-33, 42 U.S.C. § 1397aa et seq., and amendments thereto.
History: L. 2008, ch. 9, § 1; March 27.
§ 65-1669 Same; definitions
As used in the utilization of unused medications act:
(a) "Adult care home" has the same meaning as such term is defined in K.S.A. 39-923, and amendments thereto.
(b) "Community mental health center" has the same meaning as such term is defined in K.S.A. 39-2002, and amendments thereto.
(c) "Donating entities" means adult care homes, mail service pharmacies, institutional drug rooms and medical care facilities who [that] elect to participate in the program.
(d) "Drug" has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto.
(e) "Federally qualified health center" means a center that meets the requirements for federal funding under 42 U.S.C. § 1396d(1) of the public health service act, and amendments thereto, and that has been designated as a "federally qualified health center" by the federal government.
(f) "Indigent health care clinic" has the same meaning as such term is defined in K.S.A. 75-6102, and amendments thereto.
(g) "Institutional drug room" has the meaning as such term is defined in K.S.A. 65-1626, and amendments thereto.
(h) "Mail service pharmacy" means a licensed Kansas pharmacy that ships, mails or delivers by any lawful means a lawfully dispensed medication in tamper-resistant packaging to residents of this state or another state.
(i) "Medical care facility" has the same meaning as such term is defined in K.S.A. 65-425, and amendments thereto.
(j) "Medically indigent" has the same meaning as such term is defined in K.S.A. 75-6102, and amendments thereto.
(k) "Medication" means a prescription drug or drug as defined by this section.
(l) "Mid-level practitioner" has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto.
(m) "Practitioner" has the same meaning as such term is defined in K.S.A. 65-1626, and amendments thereto.
(n) "Prescription drug" means a drug that may be dispensed only upon prescription of a practitioner or mid-level practitioner authorized by law and that is approved for safety and effectiveness as a prescription drug under section 505 or 507 of the federal food, drug and cosmetic act, 52 Stat. 1040 (1938), 21 U.S.C.A. § 301.
(o) "Qualifying center or clinic" means an indigent health care clinic, federally qualified health center or community mental health center.
(p) "Samples of medications or injectables" means a unit of drug that is not intended to be sold and is intended to promote the sale of the drug.
History: L. 2008, ch. 9, § 2; L. 2011, ch. 114, § 8; L. 2013, ch. 114, § 8; L. 2017, ch. 34, § 20; April 20.
§ 65-1670 Same; duties of the board of pharmacy; duties of qualifying center or clinic
(a) The board of pharmacy shall establish and implement a program consistent with public health and safety through which unused drugs may be transferred from donating entities that elect to participate in the program for the purpose of distributing the unused medications to Kansas residents who are medically indigent.
(b) A qualifying center or clinic in consultation with a pharmacist shall establish procedures necessary to implement the program established by the utilization of unused medications act.
(c) The state board of pharmacy shall provide technical assistance to entities who may wish to participate in the program.
History: L. 2008, ch. 9, § 3; L. 2013, ch. 114, § 9; July 1.
§ 65-1671 Same; criteria for accepting unused medications; dispensing
The following criteria shall be used in accepting unused medications for use under the utilization of unused medications act:
(a) The medications shall have come from a controlled storage unit of a donating entity;
(b) only medications in their original or pharmacist sealed unit dose packaging or in tamper evident packaging, unit of use or sealed, unused injectables, including samples of medications or injectables, shall be accepted and dispensed pursuant to the utilization of unused medications act;
(c) expired medications shall not be accepted;
(d) a medication shall not be accepted or dispensed if the person accepting or dispensing the medication has reason to believe that the medication is adulterated;
(e) no controlled substances shall be accepted, unless the state board of pharmacy designates certain controlled substances as accepted medications in the adoption of rules and regulations pursuant to K.S.A. 65-1674, and amendments thereto; and
(f) subject to the limitation specified in this section, unused medications dispensed for purposes of a medical assistance program or drug product donation program may be accepted and dispensed under the utilization of unused medications act.
History: L. 2008, ch. 9, § 4; L. 2011, ch. 114, § 9; L. 2013, ch. 114, § 10; July 1.
§ 65-1672 Same; participation; adult care homes; powers and duties of a qualifying center or clinic
(a) Participation in the utilization of unused medications act by residents of adult care homes and donating entities shall be voluntary. Nothing in the utilization of unused medications act shall require any resident of an adult care home or any donating entity to participate in the program.
(b) A qualifying center or clinic which meets the eligibility requirements established in the utilization of unused medications act may:
(1) Dispense medications donated under the utilization of unused medications act to persons who are medically indigent residents of Kansas; and
(2) charge persons receiving donated medications a handling fee not to exceed 200% of the medicaid dispensing fee.
(c) A qualifying center or clinic which meets the eligibility requirements established and authorized by the utilization of unused medications act which accepts donated medications shall:
(1) Comply with all applicable federal and state laws related to the storage and distribution of medications;
(2) inspect all medications prior to dispensing the medications to determine that such medications are not adulterated; and
(3) dispense prescription drugs only pursuant to a prescription issued by a practitioner or mid-level practitioner.
(d) Medications donated under the utilization of unused medications act shall not be resold but are available for transfer to another qualifying center or clinic.
(e) For purposes of the utilization of unused medications act, medications dispensed by qualifying centers or clinics shall not be considered resale of such medications.
History: L. 2008, ch. 9, § 5; March 27.
§ 65-1673 Same; criminal and civil liability under the act
(a) For matters related only to the lawful donation, acceptance or dispensing of medications under the utilization of unused medications act, the following persons and entities, in compliance with the utilization of unused medications act, in the absence of bad faith or gross negligence, shall not be subject to criminal or civil liability for injury other than death, or loss to person or property, or professional disciplinary action:
(1) The state board of pharmacy;
(2) the department of health and environment;
(3) the Kansas department for aging and disability services;
(4) any governmental entity or donating entity donating medications under the utilization of unused medications act;
(5) any qualifying center or clinic that accepts or dispenses medications under the utilization of unused medications act; and
(6) any qualifying center or clinic that employs a practitioner or mid-level practitioner who accepts or can legally dispense prescription drugs under the utilization of unused medications act and the pharmacy act of the state of Kansas.
(b) For matters related to the donation, acceptance or dispensing of a medication manufactured by the prescription drug manufacturer that is donated by any entity under the utilization of unused medications act, a prescription drug manufacturer shall not, in the absence of bad faith or gross negligence, be subject to criminal or civil liability for injury other than for death, or loss to person or property including, but not limited to, liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
(c) Any person who in good faith donates medications without charge under the utilization of unused medications act, which medications are in compliance with such act at the time donated, shall not be subject to criminal or civil liability arising from any injury or death due to the condition of such medications unless such injury or death is a direct result of the willful, wanton, malicious or intentional misconduct of such person.
History: L. 2008, ch. 9, § 6; L. 2014, ch. 115, § 256; July 1.
§ 65-1674 Same; rules and regulations; duties of the board of pharmacy
(a) The state board of pharmacy shall adopt rules and regulations to implement the utilization of unused medications act. Such rules shall:
(1) Include standards and procedures for transfer, acceptance and safe storage of donated medications;
(2) include standards and procedures for inspecting donated medications to ensure that the medications are in compliance with the utilization of unused medications act and to ensure that, in the professional judgment of a pharmacist, the medications meet all federal and state standards for product integrity;
(3) establish standards and procedures for acceptance of unused medications from donating entities;
(4) establish standards and procedures for designating certain controlled substances as accepted donated medications;
(5) establish standards and procedures for a qualifying center or clinic to prepare any donated medications for dispensing or administering; and
(6) establish, in consultation with the department of health and environment and the Kansas department for aging and disability services, any additional rules and regulations, and standards and procedures it deems appropriate or necessary to implement the provisions of the utilization of unused medications act.
(b) In accordance with the rules and regulations and procedures of the program established pursuant to this section, a resident of an adult care home, or the representative or guardian of a resident may donate unused medications for dispensation to medically indigent persons.
History: L. 2008, ch. 9, § 7; L. 2013, ch. 114, § 11; July 1.
§ 65-1675 Same; duties of the secretary of health and environment; records
The secretary of health and environment shall maintain records of program participation including the number of donating entities donating medications, recipient locations, the amount of medications received and the number of clients served.
History: L. 2008, ch. 9, § 8; March 27.
§ 65-1676 Registration of pharmacist interns; applications; registration fee; qualifications for registration; expiration and renewal; revocation, suspension or limitation; change of name, address or email address; responsibilities of pharmacist and pharmacies; rules and regulations
(a) It shall be unlawful for any person to function as a pharmacist intern in this state unless such person is registered with the board as a pharmacist intern.
(b) All applications for registration shall be made on a form to be prescribed and furnished by the board. Each application for registration shall be accompanied by a registration fee fixed by the board by rule and regulation not to exceed $25.
(c) Each pharmacist intern registration issued by the board shall expire six years from the date of issuance.
(d) (1) The board may limit, suspend or revoke a registration or deny an application for issuance or renewal of any registration as a pharmacist intern on any ground that would authorize the board to take action against the license of a pharmacist under K.S.A. 65-1627, and amendments thereto.
(2) The board may temporarily suspend or temporarily limit the registration of any pharmacist intern in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act, if the board determines that there is cause to believe that grounds exist for disciplinary action under this section against the registrant and that the registrant's continuation of pharmacist intern functions would constitute an imminent danger to the public health and safety.
(3) Proceedings under this section shall be subject to the Kansas administrative procedure act.
(e) Every registered pharmacist intern, within 30 days of obtaining new employment, shall furnish the secretary notice of the name and address of the new employer.
(f) Every pharmacist intern who changes their residential address, email address or legal name shall, within 30 days thereof, notify the secretary of such change on a form prescribed and furnished by the board.
(g) Each pharmacy shall at all times maintain a list of the names of pharmacist interns employed by the pharmacy. A pharmacist intern shall work under the direct supervision and control of a pharmacist. It shall be the responsibility of the supervising pharmacist to determine that the pharmacist intern is in compliance with the applicable rules and regulations of the board, and the supervising pharmacist shall be responsible for the acts and omissions of the pharmacist intern in the performance of the pharmacist intern's duties.
(h) A person holding a pharmacist intern registration shall display such registration in that part of the place of business in which such person is engaged in pharmacist intern activities.
(i) The board shall adopt such rules and regulations as are necessary to ensure that pharmacist interns are adequately trained as to the nature and scope of their lawful duties. The board may adopt rules and regulations as may be necessary to carry out the purposes of and enforce the provisions of this section.
(j) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2014, ch. 49, § 8; L. 2017, ch. 34, § 16; April 20.
§ 65-1677 Collaborative drug therapy management advisory committee; purpose and membership
(a) Not later than 90 days after the effective date of this act, the state board of pharmacy and the state board of healing arts shall appoint a seven-member committee to be known as the collaborative drug therapy management advisory committee for the purpose of promoting consistent regulation and to enhance coordination among such boards with jurisdiction over licensees involved in collaborative drug therapy management. Such committee shall advise and make recommendations to the state board of pharmacy and state board of healing arts on matters relating to collaborative drug therapy management.
(b) The collaborative drug therapy management advisory committee shall consist of seven members: (1) One member of the board of pharmacy appointed by the board of pharmacy, who shall serve as the nonvoting chairperson; (2) three licensed pharmacists appointed by the state board of pharmacy, at least two of whom shall have experience in collaborative drug therapy management; and (3) three persons licensed to practice medicine and surgery appointed by the state board of healing arts, at least two of whom shall have experience in collaborative drug therapy management. The state board of pharmacy shall give consideration to any names submitted by the Kansas pharmacists association when making appointments to the committee. The state board of healing arts shall give consideration to any names submitted by the Kansas medical society when making appointments to the committee. Members appointed to the committee shall serve terms of two years, except that of the four members of the committee first appointed to the committee by the state board of pharmacy, two shall be appointed for terms of two years and two shall be appointed for terms of one year as specified by the state board of pharmacy and that of the three members of the committee first appointed to the committee by the state board of healing arts, two shall be appointed for terms of two years and one shall be appointed for a term of one year as specified by the state board of healing arts. Members appointed to the committee shall serve without compensation. All expenses of the committee shall be equally divided and paid by the state board of pharmacy and state board of healing arts.
(c) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2014, ch. 49, § 9; July 1.
§§ 65-1678, 65-1679 Reserved
§ 65-1680 Emergency medication kits in schools
(a) A pharmacist may distribute a stock supply of standard-dose and pediatric-dose epinephrine auto-injectors to a school pursuant to a prescription made pursuant to K.S.A. 72-6283, and amendments thereto, from a physician or mid-level practitioner in the name of the school. A pharmacist who distributes a stock supply of standard-dose or pediatric-dose epinephrine auto-injectors to a school shall not be liable for civil damages resulting from the administration of such medication pursuant to this section, K.S.A. 65-2872b or 72-6283, and amendments thereto.
(b) A pharmacist may distribute a stock supply of albuterol metered-dose inhalers, albuterol solution and spacers to a school pursuant to a prescription made pursuant to K.S.A. 72-6283, and amendments thereto, from a physician or mid-level practitioner in the name of the school. A pharmacist who distributes a stock supply of albuterol metered-dose inhalers, albuterol solution or spacers to a school shall not be liable for civil damages resulting from the administration of such medication pursuant to this section, K.S.A. 65-2872b or 72-6283, and amendments thereto.
(c) The terms used in this section mean the same as defined in K.S.A. 72-6283, and amendments thereto.
History: L. 2009, ch. 102, § 3; L. 2024, ch. 67, § 2; July 1.
§ 65-1681 Prescription monitoring program act
This act shall be known and may be cited as the prescription monitoring program act.
History: L. 2008, ch. 104, § 1; July 1.
§ 65-1682 Definitions
As used in this act, unless the context otherwise requires:
(a) "Audit trail information" means information produced regarding requests for prescription monitoring program data that the board and advisory committee use to monitor compliance with this act.
(b) "Board" means the state board of pharmacy.
(c) "Delegate" means:
(1) A registered nurse, licensed practical nurse, respiratory therapist, emergency medical responder, paramedic, dental hygienist, pharmacy technician or pharmacy intern who has registered for access to the program database as an agent of a practitioner or pharmacist to request program data on behalf of the practitioner or pharmacist;
(2) a death investigator who has registered for limited access to the program database as an agent of a medical examiner, coroner or another person authorized under law to investigate or determine causes of death; or
(3) an individual authorized to access the program database by the board in rules and regulations.
(d) "Dispenser" means a practitioner, pharmacy or pharmacist who delivers a scheduled substance or drug of concern to an ultimate user, but does not include:
(1) A licensed hospital pharmacy that distributes such substances for the purpose of inpatient hospital care;
(2) a medical care facility as defined in K.S.A. 65-425, and amendments thereto, practitioner or other authorized person who administers such a substance;
(3) a registered wholesale distributor of such substances;
(4) a veterinarian licensed by the Kansas board of veterinary examiners who dispenses or prescribes a scheduled substance or drug of concern; or
(5) a practitioner who has been exempted from the reporting requirements of this act in rules and regulations promulgated by the board.
(e) "Drug of concern" means any drug that demonstrates a potential for abuse and is designated as a drug of concern in rules and regulations promulgated by the board.
(f) "Patient" means the individual who is the ultimate user of a drug for whom a prescription is issued or for whom a drug is dispensed.
(g) "Pharmacist" means an individual currently licensed by the board to practice the profession of pharmacy in this state.
(h) "Pharmacy" means a premises, laboratory, area or other place currently registered with the board where scheduled substances or drugs of concern are offered for sale or dispensed in this state.
(i) "Practitioner" means an individual licensed to practice medicine and surgery, dentist, podiatrist, optometrist or other individual authorized by law to prescribe or dispense scheduled substances and drugs of concern.
(j) "Program" means the prescription monitoring program.
(k) "Scheduled substance" means controlled substances included in schedules II, III or IV of the schedules designated in K.S.A. 65-4107, 65-4109 and 65-4111, and amendments thereto, respectively, or the federal controlled substances act, 21 U.S.C. § 812.
History: L. 2008, ch. 104, § 2; L. 2022, ch. 74, § 3; April 28.
§ 65-1683 Required information to be submitted by dispenser; rules and regulations; acceptance of gifts and grants
(a) The board shall establish and maintain a prescription monitoring program for the monitoring of scheduled substances and drugs of concern dispensed in this state or dispensed to an address in this state.
(b) Each dispenser shall submit to the board by electronic means information required by the board regarding each prescription dispensed for a substance included under subsection (a). The board shall promulgate rules and regulations specifying the nationally recognized telecommunications format to be used for submission of information that each dispenser shall submit to the board. Such information may include, but not be limited to:
(1) The dispenser identification number;
(2) the date the prescription is filled;
(3) the prescription number;
(4) whether the prescription is new or is a refill;
(5) the national drug code for the drug dispensed;
(6) the quantity dispensed;
(7) the number of days' supply of the drug;
(8) the patient identification number;
(9) the patient's name;
(10) the patient's address;
(11) the patient's date of birth;
(12) the prescriber identification number;
(13) the date the prescription was issued by the prescriber;
(14) the source of payment for the prescription;
(15) the diagnosis code;
(16) the patient's species code; and
(17) the date the prescription was sold.
(c) The board shall promulgate rules and regulations specifying the transmission methods and frequency of the dispenser submissions required under subsection (b).
(d) The board may, in consultation with the advisory committee, enable features and include additional information to enhance the program database. Such information may include, but not be limited to:
(1) The date or fact of death;
(2) the dispensation or administration of emergency opioid antagonists, as defined by K.S.A. 65-16,127, and amendments thereto; and
(3) the data related to an overdose event.
(e) The board is hereby authorized to apply for and to accept grants and may accept any donation, gift or bequest made to the board for furthering any phase of the prescription monitoring program.
(f) The board shall remit all moneys received by it under subsection (e) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the non-federal gifts and grants fund. All expenditures from such 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 a person designated by the president.
History: L. 2008, ch. 104, § 3; L. 2012, ch. 107, § 4; L. 2022, ch. 74, § 4; April 28.
§ 65-1684 Same; charges and fees prohibited
The board shall not impose any charge for the establishment or maintenance of the prescription monitoring program database on a registered wholesale distributor, pharmacist, dispenser or other person authorized to prescribe or dispense scheduled substances and drugs of concern. The board shall not charge any fees for the transmission of data to the database or for the receipt of information from the database, except that the board may charge a fee to an individual who requests the individual's own prescription monitoring information in accordance with procedures adopted by the board.
History: L. 2008, ch. 104, § 4; July 1.
§ 65-1685 Database information privileged and confidential; persons authorized to receive data; oversight thereof; advisory committee review of information
(a) The program database, all information contained therein and any records maintained by the board, or by any entity contracting with the board, submitted to, maintained or stored as a part of the database, including audit trail information, shall be privileged and confidential, shall not be subject to subpoena or discovery in civil proceedings and may only be used for investigatory or evidentiary purposes related to violations of state or federal law and regulatory activities of entities charged with administrative oversight of those individuals engaged in the prescribing or dispensing of scheduled substances and drugs of concern, shall not be a public record and shall not be subject to the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto, except as provided in subsections (c) and (d).
(b) The board shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted and maintained is not disclosed to individuals except as provided in subsections (c) and (d).
(c) The board is hereby authorized to provide data in the program to the following individuals:
(1) Individuals authorized to prescribe or dispense scheduled substances and drugs of concern, for the purpose of providing medical or pharmaceutical care for their patients;
(2) an individual who requests the individual's own prescription monitoring information in accordance with procedures established by the board;
(3) designated representatives from the professional licensing, certification or regulatory agencies charged with administrative oversight of those individuals engaged in the prescribing or dispensing of scheduled substances and drugs of concern;
(4) local, state and federal law enforcement or prosecutorial officials engaged in the administration, investigation or enforcement of the laws governing scheduled substances and drugs of concern subject to the requirements in K.S.A. 22-2502, and amendments thereto;
(5) designated representatives from the department of health and environment regarding authorized medicaid program recipients or practitioners;
(6) individuals authorized by a grand jury subpoena, inquisition subpoena or court order in a criminal action;
(7) personnel of the prescription monitoring program advisory committee for the purpose of operation of the program;
(8) personnel of the board for purposes of operation of the program and administration and enforcement of this act or the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto;
(9) individuals authorized to prescribe or dispense scheduled substances and drugs of concern, when an individual is obtaining prescriptions in a manner that appears to be misuse, abuse or diversion of scheduled substances or drugs of concern;
(10) medical examiners, coroners or other individuals authorized under law to investigate or determine causes of death;
(11) persons operating a practitioner or pharmacist impaired provider program in accordance with K.S.A. 65-4924, and amendments thereto, for the purpose of reviewing drugs dispensed to a practitioner or pharmacist enrolled in the program;
(12) delegates of individuals authorized by paragraphs (1), (9) and (10);
(13) individuals or organizations notified by the advisory committee as provided in subsection (g);
(14) practitioners or pharmacists conducting research approved by an institutional review board who have obtained patient consent for the release of program data; and
(15) an overdose fatality review board established by the state of Kansas.
(d) An individual registered for access to the program database shall notify the board in writing within 30 calendar days of any action that would disqualify the individual from being authorized to receive program data as provided in subsection (c).
(e) The state board of healing arts, board of nursing, Kansas dental board and board of examiners in optometry shall notify the board in writing within 30 calendar days of any denial, suspension, revocation or other administrative limitation of a practitioner's license or registration that would disqualify the practitioner from being authorized to receive program data as provided in subsection (c).
(f) A practitioner or pharmacist shall notify the board in writing within 30 calendar days of any action that would disqualify a delegate from being authorized to receive program data on behalf of the practitioner or pharmacist.
(g) The prescription monitoring program advisory committee established pursuant to K.S.A. 65-1689, and amendments thereto, is authorized to review and analyze program data for purposes of identifying patterns and activity of concern.
(1) If a review of information appears to indicate an individual may be obtaining prescriptions in a manner that may represent misuse or abuse of scheduled substances and drugs of concern, the advisory committee is authorized to notify the prescribers and dispensers who prescribed or dispensed the prescriptions. If the review does not identify a recent prescriber as a point of contact for potential clinical intervention, the advisory committee is authorized to notify the disability and behavioral health services section of the Kansas department for aging and disability services for the purpose of offering confidential treatment services. Further disclosure of information is prohibited. If the review identifies patterns or other evidence sufficient to create a reasonable suspicion of criminal activity, the advisory committee is authorized to notify the appropriate law enforcement agency.
(2) If a review of information appears to indicate that a violation of state or federal law relating to prescribing scheduled substances and drugs of concern may have occurred, or that a prescriber or dispenser has knowingly prescribed, dispensed or obtained scheduled substances and drugs of concern in a manner that is inconsistent with recognized standards of care for the profession, the advisory committee shall determine whether a report to the professional licensing, certification or regulatory agencies charged with administrative oversight of those individuals engaged in prescribing or dispensing of scheduled substances and drugs of concern or to the appropriate law enforcement agency is warranted.
(A) For purposes of such determination the advisory committee may, in consultation with the appropriate regulatory agencies and professional organizations, establish criteria regarding appropriate standards and utilize volunteer peer review committees of professionals with expertise in the particular practice to create such standards and review individual cases.
(B) The peer review committee or committees appointed herein shall have authority to request and receive information in the program database from the director of the program.
(C) If the determination is made that a referral to a regulatory or law enforcement agency is not warranted but educational or professional advising might be appropriate, the advisory committee may refer the prescribers or dispensers to other such resources.
(3) If a review of information appears to indicate that program data has been accessed or used in violation of state or federal law, the advisory committee shall determine whether a report to the professional licensing, certification or regulatory agencies charged with administrative oversight of those individuals engaged in prescribing or dispensing of scheduled substances and drugs of concern is warranted and may make such report.
(e)* The board is hereby authorized to provide program data to public or private entities for statistical, research or educational purposes after removing information that could be used to identify individual practitioners, dispensers, patients or individuals who received prescriptions from dispensers.
(f)* The board is hereby authorized to provide a medical care facility with its program data for statistical, research or education purposes after removing information that could be used to identify individual practitioners or individuals who received prescriptions from dispensers.
(g)* The board may, in its discretion, block any user's access to the program database if the board has reason to believe that access to the data is or may be used by such user in violation of state or federal law.
History: L. 2008, ch. 104, § 5; L. 2012, ch. 107, § 5; L. 2022, ch. 74, § 5; April 28.
§ 65-1685a Repealed
History: L. 2008, ch. 104, § 5; L. 2012, ch. 102, § 24; Repealed, L. 2013, ch. 133, § 37; July 1.
§ 65-1686 Same; another agency as contractor
The board is hereby authorized to contract with another agency of this state or with a private vendor, as necessary, to ensure the effective operation of the prescription monitoring program. Any contractor shall be bound to comply with the provisions regarding confidentiality of prescription information in K.S.A. 65-1685, and amendments thereto, and shall be subject to the penalties specified in K.S.A. 65-1693, and amendments thereto, for unlawful acts.
History: L. 2008, ch. 104, § 6; July 1.
§ 65-1687 Requirements for maintenance and storage of records
(a) All information collected for the prescription monitoring program database and any records maintained by the board, or by any entity contracting with the board, submitted to, maintained or stored as a part of the database, shall be retained for five years.
(b) Program data shall not be stored outside of the program database, with the following exceptions:
(1) Temporary storage necessary to deliver program data to electronic health records or pharmacy management systems approved by the board;
(2) retention of specific information or records related to an investigation or proceeding under administrative or criminal law;
(3) program data provided under K.S.A. 65-1685(e), and amendments thereto; or
(4) board retention of information for purposes of operation of the program and administration and enforcement of this act or the uniform controlled substances act, K.S.A. 65-4101 et seq., and amendments thereto.
History: L. 2008, ch. 104, § 7; L. 2022, ch. 74, § 6; April 28.
§ 65-1688 Same; act does not create civil liability or duty
No person authorized to prescribe or dispense scheduled substances and drugs of concern shall be liable to any person in a civil action for damages or other relief for injury, death or loss to person or property on the basis that such person authorized to prescribe or dispense scheduled substances and drugs of concern did or did not seek or obtain information from the prescription monitoring program prior to prescribing or dispensing scheduled substances and drug of concern to a patient. Nothing in this act shall be construed to create a duty or otherwise require a person authorized to prescribe or dispense scheduled substances and drug of concern to obtain information about a patient from the prescription monitoring program prior to prescribing or dispensing scheduled substances and drug of concern to such patient.
History: L. 2008, ch. 104, § 8; July 1.
§ 65-1689 Program advisory committee created; members; terms
(a) There is hereby created the program advisory committee which, subject to the oversight of the board, shall be responsible for the operation of the program. The advisory committee shall consist of at least 10 members appointed by the board as follows:
(1) Two licensed physicians, one nominated by the Kansas medical society and one nominated by the Kansas association of osteopathic medicine;
(2) two licensed pharmacists nominated by the Kansas pharmacists association;
(3) one person representing the Kansas bureau of investigation nominated by the attorney general;
(4) one person representing the university of Kansas school of medicine nominated by the dean of such school;
(5) one person representing the university of Kansas school of pharmacy nominated by the dean of such school;
(6) one licensed dentist nominated by the Kansas dental association;
(7) one person representing the Kansas hospital association nominated by such association;
(8) one licensed advanced practice provider nominated by either the board of nursing or the state board of healing arts; and
(9) the board may also appoint other persons authorized to prescribe or dispense scheduled substances and drugs of concern, recognized experts and representatives from law enforcement.
(b) The appointments to the advisory committee shall be for terms of three years.
(c) The advisory committee shall elect a chairperson from among its members who shall serve a one-year term. The chairperson may serve consecutive terms.
(d) The advisory committee, in accordance with K.S.A. 75-4319, and amendments thereto, may recess for a closed or executive meeting when it is considering matters relating to identifiable patients or providers.
(e) Upon the expiration of the term of office of any member of the advisory committee on or after the effective date of this act, and in any case of a vacancy existing on or after the effective date of this act, a successor shall be appointed by the board pursuant to this section.
(f) All members of the advisory committee shall serve without compensation.
History: L. 2008, ch. 104, § 9; L. 2022, ch. 74, § 7; April 28.
§ 65-1690 Same; advisory committee in cooperation with other entities
(a) The prescription monitoring program advisory committee shall work with each entity charged with administrative oversight of those persons engaged in the prescribing or dispensing of scheduled substances and drugs of concern to develop a continuing education program for such persons about the purposes and uses of the prescription monitoring program.
(b) The advisory committee shall work with the Kansas bar association to develop a continuing education program for attorneys about the purposes and uses of the prescription monitoring program.
(c) The advisory committee shall work with the Kansas bureau of investigation to develop a continuing education program for law enforcement officers about the purposes and uses of the prescription monitoring program.
History: L. 2008, ch. 104, § 10; July 1.
§ 65-1691 Same; board consultation with advisory committee; annual report
In consultation with and upon recommendation of the prescription monitoring program advisory committee, the board shall review the effectiveness of the prescription monitoring program and submit an annual report to the senate standing committee on public health and welfare and the house standing committee on health and human services.
History: L. 2008, ch. 104, § 11; July 1.
§ 65-1692 Same; rules and regulations
The board is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this act.
History: L. 2008, ch. 104, § 12; July 1.
§ 65-1693 Same; penalties
(a) A dispenser who knowingly fails to submit prescription monitoring information to the board as required by this act or knowingly submits incorrect prescription monitoring information shall be guilty of a severity level 10, nonperson felony.
(b) A person authorized to have prescription monitoring information pursuant to this act who knowingly discloses such information in violation of this act shall be guilty of a severity level 10, nonperson felony.
(c) A person authorized to have prescription monitoring information pursuant to this act who knowingly uses such information in a manner or for a purpose in violation of this act shall be guilty of a severity level 10, nonperson felony.
(d) A person who knowingly, and without authorization, obtains or attempts to obtain prescription monitoring information shall be guilty of a severity level 10, nonperson felony.
(e) It shall not be a violation of this act for a practitioner or dispenser to disclose or use information obtained pursuant to this act when such information is disclosed or used solely in the course of such practitioner's or dispenser's care of the patient who is the subject of the information.
History: L. 2008, ch. 104, § 13; L. 2012, ch. 107, § 6; May 17.
§ 65-1694 Same; veterinary prescription monitoring program task force; study; members; report
(a) There is hereby established the veterinary prescription monitoring program task force which shall study and determine whether to require veterinarians to report to a prescription monitoring program under this act. Such study shall include appropriate methods and procedures of reporting by the veterinarians with the necessary database field information. The task force shall utilize nationally available resources afforded by the American association of veterinary state boards and the American veterinary medical association's department of state legislative and regulatory affairs in development of the plan in consultation with the advisory committee.
(b) The task force shall consist of three members as follows: One member appointed by the prescription monitoring program advisory committee, one member appointed by the Kansas board of veterinary examiners and one member nominated by the Kansas veterinary medical association and appointed by the Kansas board of veterinary examiners.
(c) Appointments shall be made within 120 days after the effective date of this act. The initial meeting of the task force shall be convened within 180 days after the effective date of this act. The task force shall elect a chairperson and may elect any additional officers from among its members. All task force members shall serve without compensation.
(d) The task force shall report its findings and progress to the prescription monitoring program advisory committee at least annually or when requested by the advisory committee. The task force shall report its progress to the senate committee on public health and welfare and the house committee on health and human services, if requested, and report its conclusions and recommendations to such committees within five years after the effective date of this act. Based on the recommendation by the task force this act shall be amended to include the veterinarians as practitioners.
History: L. 2008, ch. 104, § 15; July 1.
§ 65-1694a Prescription monitoring program fund created
(a) There is hereby established in the state treasury the prescription monitoring program fund. Such fund shall be administered by the president of the state board of pharmacy or the president's designee. All expenditures from the prescription monitoring program fund shall be for the purpose of operating the prescription monitoring program that is established in accordance with the prescription monitoring program act. All expenditures from the prescription monitoring program 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 state board of pharmacy or the president's designee.
(b) This section shall be a part of and supplemental to the prescription monitoring program act.
History: L. 2021, ch. 110, § 8; May 27.
§ 65-1695 Continuous quality improvement program; purpose; confidential peer review documents; rules and regulations
(a) No later than July 1, 2009, each pharmacy shall establish a continuous quality improvement (CQI) program. The purpose of the CQI program shall be to assess errors that occur in the pharmacy in dispensing or furnishing prescription medications so that the pharmacy may take appropriate action to prevent a recurrence.
(b) Reports, memoranda, proceedings, findings and other records generated as part of a pharmacy's CQI program shall be considered confidential and privileged peer review documents and not subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in any civil or administrative action other than an administrative proceeding initiated by the board of pharmacy. Nothing in this section shall be construed to prohibit a patient from accessing such patient's own prescription records. Nothing in this section shall affect the discoverability of any record not solely generated for or maintained as a part of a pharmacy's CQI program.
(c) No person in attendance at any meeting being conducted as part of a CQI program shall be compelled to testify in any civil, criminal or administrative action, other than an administrative proceeding initiated by the board of pharmacy as to any discussions or decisions which occurred as part of the CQI program.
(d) All reports and records generated as part of a pharmacy's CQI program shall be available for inspection by the board of pharmacy within a time period established by the board in rules and regulations.
(e) In conducting a disciplinary proceeding in which admission of any matters that are confidential and privileged under subsection (b) are proposed, the board of pharmacy shall hold the hearing in closed session when any report, record or testimony is disclosed. Unless otherwise provided by law, the board of pharmacy in conducting a disciplinary proceeding may close only that portion of the hearing in which disclosure of such privileged matters are proposed. In closing a portion of a hearing as provided in this subsection, the presiding officer may exclude any person from the hearing except members of the board, the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel.
The board of pharmacy shall make the portions of the administrative record in which such privileged matters are disclosed subject to a protective order prohibiting further disclosure. Such privileged matters shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity. No person in attendance at a closed portion of a disciplinary proceeding shall be required to testify at a subsequent civil, criminal or administrative hearing regarding the privileged matters, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing.
The board of pharmacy may review any matters that are confidential and privileged under subsection (b) in conducting a disciplinary proceeding but must prove its findings with independently obtained testimony or records which shall be presented as part of the disciplinary proceeding in an open meeting of the board of pharmacy. Offering such testimony or records in an open public hearing shall not be deemed a waiver of the peer review privilege relating to any peer review committee testimony, record or report.
(f) The board may establish by rules and regulations requirements regarding the functions and record keeping of a pharmacy CQI program.
(g) This section shall be part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2008, ch. 104, § 16; July 1.
§ 65-1696 State board of pharmacy; fingerprinting and criminal history; fees
(a) The state board of pharmacy may require a fingerprint candidate to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(b) The state board of pharmacy may fix and collect a fee as may be required by the board in an amount equal to the cost of fingerprinting and the criminal history record check. Any moneys collected under this subsection shall be deposited in the state treasury and credited to the pharmacy fee fund. The board of pharmacy shall remit all moneys received by or for it 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 pharmacy fee fund.
(c) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2009, ch. 131, § 10; L. 2024, ch. 15, § 50; July 1.
§§ 65-1697 through 65-16,100 Reserved
§§ 65-16,101 Statewide electronic logging system for sale of methamphetamine precursor act; definitions
As used in the statewide electronic logging system for sale of methamphetamine precursor act, unless the context otherwise requires:
(a) "Board" means the state board of pharmacy.
(b) "Methamphetamine precursor" means any compound, mixture or preparation containing pseudoephedrine, ephedrine or phenylpropanolamine, or any of their salts or optical isomers, or salts of optical isomers, but does not include products that have been formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine, or its salts for precursors, and does not include animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.
(c) "Pharmacy" means premises, laboratory, area or other place, including in-state and out-of-state facilities that are required to be registered under K.S.A. 65-1643 or 65-1657, and amendments thereto: (1) Where drugs are offered for sale where the profession of pharmacy is practiced and where prescriptions are compounded and dispensed; or (2) which has displayed upon it or within it the words "pharmacist," "pharmaceutical chemist," "pharmacy," "apothecary," "drugstore," "druggist," "drugs," "drug sundries" or any of these words or combinations of these words or words of similar import either in English or any sign containing any of these words; or (3) where the characteristic symbols of pharmacy or the characteristic prescription sign "Rx" may be exhibited.
History: L. 2009, ch. 131, § 1; July 1.
§§ 65-16,102 Same; maintenance of program by the board of pharmacy; rules and regulations; waiver and liability
(a) The board shall establish and maintain a program for a statewide electronic logging system for sale of methamphetamine precursors.
(b) Each pharmacy shall maintain an electronic methamphetamine precursor recording log documenting the sale of methamphetamine precursors. The board shall promulgate rules and regulations specifying a standardized format for the log and the information that each pharmacy shall submit to the board, which shall include, but not be limited to:
(1) The name and address of the person purchasing, receiving or otherwise acquiring the methamphetamine precursor;
(2) the name of the product and quantity purchased;
(3) the date and time of the purchase; and
(4) the name, or initials, of the licensed pharmacist, registered pharmacy technician or pharmacy intern or clerk supervised by a licensed pharmacist who sold the product.
(c) Notwithstanding the requirements of this section, each pharmacy shall maintain the purchaser's signature in accordance with subsection (k) of K.S.A. 65-1643, and amendments thereto.
(d) Each pharmacy that is capable shall submit the information from the log in real time in accordance with transmission methods specified in rules and regulations promulgated by the board.
(e) The board may grant a waiver exempting a pharmacy from compliance with the requirements of this section upon showing of good cause by the pharmacy that it is otherwise unable to submit log information by electronic means for various reasons, including, but not limited to, mechanical or electronic failure or financial, technological or any other undue burden on the pharmacy, established by rules and regulations. Such waiver may permit the pharmacy to submit log information by paper form or other means, provided that all information required by rules and regulations is submitted in this alternative format.
(f) No pharmacy or pharmacy employee shall be liable to any person in a civil action for damages or other relief arising from a sale of a methamphetamine precursor that occurs at another pharmacy.
(g) The requirements of this section shall not apply where there is a lawful prescription present for the methamphetamine precursor sold.
History: L. 2009, ch. 131, § 2; July 1.
§§ 65-16,103 Same; no cost charged to pharmacies; funding of program
(a) The cost of establishing and maintaining the statewide electronic logging system shall be borne by the state, other non-state units of government, private entities, or others. Pharmacies shall not be required to bear the costs associated with establishing and maintaining the electronic logging system, through any additional charges, whether statewide, regional, county-wide or otherwise as provided in this section.
(b) In the event that funding for a statewide program is not available, the board may implement the program on a non-statewide basis, whether such program is funded regionally or county-wide or otherwise. The board shall, by rules and regulations, prescribe that such regional or non-statewide program comply with requirements applicable to a statewide program, including that such non-state governmental units or regional programs may not utilize different vendors. Any requirements of this act shall only be applicable to pharmacies within such units of government or regions, if a regional program is established, and all other pharmacies in the state shall be exempt from requirements for the electronic logging system required pursuant to this act.
(c) If the state, other non-state units of government, private entities or others are unable to bear the costs of establishing and maintaining the electronic logging system, pharmacies within the state, or in the case of regional or other non-statewide programs, pharmacies within those program areas shall be relieved of any obligation to comply with the statewide electronic logging system program pursuant to this act. Such pharmacies shall still be subject to the requirements of maintaining a log as provided in subsection (k) of K.S.A. 65-1643, and amendments thereto.
(d) The board shall not impose any additional charges for the establishment or maintenance of the program for the recording of methamphetamine precursors on a pharmacy. The board shall not charge any fees for the transmission of data to the program database or for the receipt of information from the database.
(e) The state board of pharmacy may receive and expend, or supervise the expenditure of, any donation, gift, grant or bequest made to the board for furthering any phase of the statewide electronic logging system program.
History: L. 2009, ch. 131, § 3; July 1.
§§ 65-16,104 Same; confidential information; authorized access to data in the log
(a) Methamphetamine precursor recording log information submitted to the board shall be confidential and not a public record and not subject to the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto, except as provided in subsections (c) and (d).
(b) The board shall maintain procedures to ensure that the privacy and confidentiality of information collected, recorded, transmitted and maintained is not disclosed to persons except as provided in subsections (c) and (d).
(c) The board shall be authorized to provide data in the log to the following persons:
(1) Any person authorized to prescribe or dispense products containing pseudoephedrine, ephedrine or phenylpropanolamine, for the purpose of complying with the provisions of this act; and
(2) local, state and federal law enforcement or prosecutorial officials.
(d) The board may provide data to public or private entities for statistical, research or educational purposes after removing information that could be used to identify individual patients or persons who received methamphetamine precursors from pharmacies.
History: L. 2009, ch. 131, § 4; July 1.
§§ 65-16,105 Same; another agency or private vendor as contractor; maintenance and destruction of records; educational program for pharmacies; annual report
(a) The board is hereby authorized to contract with another agency of this state or with a private vendor, as necessary, to ensure the effective implementation and operation of the methamphetamine precursor recording log. The state agency or private vendor selected shall have the technological capability to receive electronic log data from pharmacies submitted pursuant to K.S.A. 65-16,102, and amendments thereto, and to send real time notification to law enforcement officials. Regardless of the entity selected to manage the program, pharmacies are not required to use any one particular vendor's product to comply with the requirements under K.S.A. 65-16,102, and amendments thereto. Any electronic system implemented by the state shall be capable of bridging with existing and future operational systems used by pharmacies at no cost to such pharmacies. Any contractor shall be bound to comply with the provisions regarding confidentiality of log information in this section, and amendments thereto, and shall be subject to the penalties specified in K.S.A. 65-16,107, and amendments thereto, for unlawful acts.
(b) All information collected for the program database and any records maintained by the board, or by any entity contracting with the board, submitted to, maintained or stored as a part of the database, shall be retained for five years. Such information and records shall then be destroyed unless a law enforcement entity has submitted a written request to the board for retention of specific information or records in accordance with procedures adopted by the board.
(c) The board shall develop and implement a program to educate pharmacies and pharmacy employees about the program for the recording of methamphetamine precursors.
(d) The board shall review the effectiveness of the program for the recording of methamphetamine precursors and submit an annual report to the senate standing committee on public health and welfare and the house standing committee on health and human services.
History: L. 2009, ch. 131, § 5; July 1.
§§ 65-16,106 Same; rules and regulations
The board shall adopt, within six months after the effective date of this act, such rules and regulations the board deems necessary to carry out the provisions of this act.
History: L. 2009, ch. 131, § 6; July 1.
§§ 65-16,107 Same; penalties
(a) A pharmacy that knowingly fails to submit methamphetamine precursor recording log information to the board as required by this act or knowingly submits incorrect log information shall be guilty of a severity level 10, nonperson felony.
(b) A person authorized to have log information pursuant to this act who knowingly discloses such information in violation of this act shall be guilty of a severity level 10, nonperson felony.
(c) A person authorized to have log information pursuant to this act who knowingly uses such information in a manner or for a propose in violation of this act shall be guilty of a severity level 10, nonperson felony.
History: L. 2009, ch. 131, § 7; July 1.
§§ 65-16,108 Same; short title
K.S.A. 65-16,101 through 65-16,108, and amendments thereto, shall be known and may be cited as the statewide electronic logging system for sale of methamphetamine precursor act.
History: L. 2009, ch. 131, § 8; July 1.
§§ 65-16,109 through 65-16,120 Reserved
§§ 65-16,121 Pharmacy audit integrity act
(a) K.S.A. 65-16,121 through 65-16,126, and amendments thereto, shall be known and may be cited as the pharmacy audit integrity act.
(b) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 1; June 9.
§§ 65-16,122 Same; definitions
(a) As used in this act, "pharmacy benefits manager" or "PBM" means a person, business or other entity that performs pharmacy benefits management. The term includes a person or entity acting for a PBM in contractual or employment relationship in the performance of pharmacy benefits management for a managed care company, not-for-profit hospital or medical service organization, insurance company, third-party payor or health program administered by the state board of pharmacy.
(b) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 2; June 9.
§§ 65-16,123 Same; procedural requirements
(a) The entity conducting the audit shall follow the following procedures:
(1) An entity conducting an on-site audit must give the pharmacy at least seven days written notice before conducting an initial audit;
(2) an audit that involves clinical or professional judgment must be conducted by or in consultation with a licensed pharmacist;
(3) the period covered by the audit may not exceed two years from the date that the claim was submitted to or adjudicated by the entity;
(4) the pharmacy may request an extension not to exceed seven days from the date of an originally scheduled on-site audit;
(5) the pharmacy may use the records of a hospital, physician or other authorized practitioner to validate the pharmacy record;
(6) any legal prescription, in compliance with the requirements of the state board of pharmacy, may be used to validate claims in connection with prescriptions, refills or changes in prescriptions;
(7) each pharmacy shall be audited under the same standards and parameters as other similarly situated pharmacies; and
(8) the entity conducting the audit must establish a written appeals process.
(b) The entity conducting the audit shall also comply with the following requirements:
(1) A finding of overpayment or underpayment must be based on the actual overpayment or underpayment and not a projection based on the number of patients served having a similar diagnosis or on the number of similar orders or refills for similar drugs;
(2) the entity conducting the audit shall not use extrapolation in calculating the recoupments or penalties for audits, unless required by state or federal contracts;
(3) the auditing company or agent may not receive payment based on a percentage of the amount recovered, unless required by contracts; and
(4) interest may not accrue during the audit period.
(c) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 3; June 9.
§§ 65-16,124 Same; audit reports; recoupment and repayment of funds; access to audit information
(a) Any preliminary audit report must be delivered to the pharmacy within 60 days after the conclusion of the audit. Any pharmacy shall be allowed at least 30 days following receipt of the preliminary audit to provide documentation to address any discrepancy found in the audit. Any final audit report shall be delivered to the pharmacy within 120 days after receipt of the preliminary audit report or final appeal, whichever is later.
(b) Recoupment of any disputed funds or repayment of funds to the entity by the pharmacy, if permitted pursuant to contracts, shall occur, to the extent demonstrated or documented in the pharmacy audit findings, after final internal disposition of the audit including the appeals process. If the identified discrepancy for an individual audit exceeds $20,000, any future payments to the pharmacy may be withheld pending finalization of the audit. Unless otherwise required by the federal or state law, any audit information may not be shared. Auditors shall only have access to previous audit reports on a particular pharmacy conducted by that same entity.
(c) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 4; June 9.
§§ 65-16,125 Same; final report; availability
(a) Any auditing entity, upon request of the plan sponsor, shall provide a copy of the final report, including the disclosure of any money recouped in the audit. The pharmacy may provide a copy of the report to the commissioner of insurance, provided such report shall not contain any personally identifiable health information in violation of the provisions of the health insurance portability and accountability act of 1996 (Pub. L. No. 104-191).
(b) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 5; June 9.
§§ 65-16,126 Same; application of the act
(a) This act shall apply to contracts between an auditing entity and a pharmacy entered into, extended or renewed on or after the effective date of this act. This act shall not apply to any audit, review or investigation that is initiated based upon suspected or alleged fraud, willful misrepresentation or abuse.
(b) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 6; June 9.
§§ 65-16,127 Emergency opioid antagonists; distribution, dispensing, storing and administering; duties of the state board of pharmacy and first responder agencies; rules and regulations
(a) As used in this section:
(1) "Bystander" means a family member, friend, caregiver or other person in a position to assist a person who the family member, friend, caregiver or other person believes, in good faith, to be experiencing an opioid overdose.
(2) "Emergency opioid antagonist" means any drug that inhibits the effects of opioids and that is approved by the United States food and drug administration for the treatment of an opioid overdose.
(3) "First responder" includes any emergency medical service provider, as defined by K.S.A. 65-6112, and amendments thereto, any law enforcement officer, as defined by K.S.A. 22-2202, and amendments thereto, and any actual member of any organized fire department, whether regular or volunteer.
(4) "First responder agency" includes, but is not limited to, any law enforcement agency, fire department or criminal forensic laboratory of any city, county or the state of Kansas.
(5) "Opioid antagonist protocol" means the protocol established by the state board of pharmacy pursuant to subsection (b).
(6) "Opioid overdose" means an acute condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined, or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined, and for which medical assistance is required.
(7) "Patient" means a person believed to be at risk of experiencing an opioid overdose.
(8) "School nurse" means a professional nurse licensed by the board of nursing and employed by a school district to perform nursing procedures in a school setting.
(9) "Healthcare provider" means a physician licensed to practice medicine and surgery by the state board of healing arts, a licensed dentist, a mid-level practitioner as defined by K.S.A. 65-1626, and amendments thereto, or any person authorized by law to prescribe medication.
(b) The state board of pharmacy shall issue a statewide opioid antagonist protocol that establishes requirements for a licensed pharmacist to dispense emergency opioid antagonists to a person pursuant to this section. The opioid antagonist protocol shall include procedures to ensure accurate recordkeeping and education of the person to whom the emergency opioid antagonist is furnished, including, but not limited to: Opioid overdose prevention, recognition and response; safe administration of an emergency opioid antagonist; potential side effects or adverse events that may occur as a result of administering an emergency opioid antagonist; a requirement that the administering person immediately contact emergency medical services for a patient; and the availability of drug treatment programs.
(c) A pharmacist may furnish an emergency opioid antagonist to a patient or bystander subject to the requirements of this section, the pharmacy act of the state of Kansas and any rules and regulations adopted by the state board of pharmacy thereunder.
(d) A pharmacist furnishing an emergency opioid antagonist pursuant to this section may not permit the person to whom the emergency opioid antagonist is furnished to waive any consultation required by this section or any rules and regulations adopted thereunder.
(e) Any first responder, scientist or technician operating under a first responder agency or school nurse is authorized to possess, store, distribute and administer emergency opioid antagonists as clinically indicated, provided that all personnel with access to emergency opioid antagonists are trained, at a minimum, on the following:
(1) Techniques to recognize signs of an opioid overdose;
(2) standards and procedures to store, distribute and administer an emergency opioid antagonist;
(3) emergency follow-up procedures, including the requirement to summon emergency ambulance services either immediately before or immediately after administering an emergency opioid antagonist to a patient; and
(4) inventory requirements and reporting any administration of an emergency opioid antagonist to a healthcare provider.
(f) (1) Any first responder agency electing to provide an emergency opioid antagonist to its employees or volunteers for the purpose of administering the emergency opioid antagonist shall procure the services of a physician to serve as physician medical director for the first responder agency's emergency opioid antagonist program.
(2) The first responder agency shall utilize the physician medical director or a licensed pharmacist for the purposes of:
(A) Obtaining a supply of emergency opioid antagonists;
(B) receiving assistance developing necessary policies and procedures that comply with this section and any rules and regulations adopted thereunder;
(C) training personnel; and
(D) coordinating agency activities with local emergency ambulance services and medical directors to provide quality assurance activities.
(3) A law enforcement agency shall be exempt from this subsection unless electing to provide an emergency opioid antagonist dispensed or furnished pursuant to the opioid antagonist protocol in subsection (b).
(g) (1) Any healthcare provider or pharmacist who, in good faith and with reasonable care, prescribes or dispenses an emergency opioid antagonist pursuant to this section shall not, by an act or omission, be subject to civil liability, criminal prosecution or any disciplinary or other adverse action by a professional licensure entity arising from the healthcare provider or pharmacist prescribing or dispensing the emergency opioid antagonist.
(2) Any patient, bystander, school nurse, or a first responder, scientist or technician operating under a first responder agency, who, in good faith and with reasonable care, receives and administers an emergency opioid antagonist pursuant to this section to a person experiencing a suspected opioid overdose shall not, by an act or omission, be subject to civil liability or criminal prosecution, unless personal injury results from the gross negligence or willful or wanton misconduct in the administration of the emergency opioid antagonist.
(3) Any first responder agency employing or contracting any person that, in good faith and with reasonable care, administers an emergency opioid antagonist pursuant to this section to a person experiencing a suspected opioid overdose shall not, by an act or omission, be subject to civil liability, criminal prosecution, any disciplinary or other adverse action by a professional licensure entity or any professional review.
(h) The state board of pharmacy shall adopt rules and regulations as may be necessary to implement the provisions of this section prior to January 1, 2018.
(i) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2017, ch. 21, § 1; L. 2019, ch. 64, § 12; L. 2024, ch. 108, § 5; L. 2025, ch. 73, § 1; April 24.
§§ 65-16,128 Electronic transmission of prescription orders required, when; exceptions
(a) Every prescription order issued for a controlled substance in schedules II-V that contains an opiate, as described in the uniform controlled substances act, shall be transmitted electronically unless:
(1) Electronic prescription orders are not possible due to technological or electronic system failures;
(2) electronic prescribing is not available to the prescriber due to economic hardship or technological limitations that are not reasonably within the control of the prescriber, or other exceptional circumstances exist, as demonstrated by the prescriber;
(3) the prescription order is for a compounded preparation containing two or more components or requires information that makes electronic submission impractical, such as complicated or lengthy instructions for use;
(4) the prescription order is issued by a licensed veterinarian;
(5) the prescriber reasonably determines that it would be impractical for the patient to obtain the substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition;
(6) the prescription order is issued pursuant to drug research or drug therapy protocols;
(7) the prescription order is by a prescriber who issues 50 or fewer prescription orders per year for controlled substances that contain opiates; or
(8) the United States food and drug administration requires the prescription order to contain elements that are not compatible or possible with electronic prescriptions.
(b) (1) A prescriber may request a waiver from the provisions of subsection (a) for a period not to exceed six months if such prescriber cannot comply with subsection (a) due to economic hardship, technological limitations that reasonably are not within the prescriber's control or other circumstance demonstrated by the prescriber. If a waiver is granted by the board, the prescriber may request that such waiver be renewed for a period not to exceed six months. Requests for a waiver or renewal shall be submitted to the board in such form and manner as prescribed by the board and shall include the reason for the request and any other information required by the board.
(2) If a prescriber prescribes a controlled substance by non-electronic prescription, such prescriber shall indicate the prescription is made pursuant to a waiver granted pursuant to this section. A pharmacist shall not be required to verify the validity of any waiver, either with the prescriber or the board, but may do so in accordance with K.S.A. 65-1637, and amendments thereto.
(c) The provisions of this section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
(d) The provisions of this section shall take effect on and after July 1, 2021.
History: L. 2019, ch. 52, § 1; July 1.
§§ 65-16,129 Pharmacists authorized to administer drugs, when; exceptions
(a) (1) A licensed pharmacist may administer a drug by injection that, in the judgment of the prescriber, may be safely self-administered by a patient, to a patient pursuant to a prescription order, unless the prescription order includes the words "not to be administered by a pharmacist," or words of like effect.
(2) Nothing in this section shall replace, repeal or supersede the requirements prescribed in K.S.A. 65-4a10, and amendments thereto.
(b) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2019, ch. 52, § 6; July 1.
§§ 65-16,130 Telepharmacy; definitions; requirements for operation; state board of pharmacy rules and regulations
(a) As used in this section:
(1) "Telepharmacy" means the practice of pharmacy by a pharmacist located in Kansas using telecommunications or other automations and technologies to deliver personalized, electronically documented, real-time pharmaceutical care to patients or their agents, who are located at sites other than where the pharmacist is located, including prescription dispensing and counseling and to oversee and supervise telepharmacy outlet operations.
(2) "Telepharmacy outlet" means a pharmacy site located in Kansas that:
(A) Is registered as a pharmacy under the act;
(B) is owned by the managing pharmacy;
(C) is connected via computer link, video link and audio link or other functionally equivalent telecommunications equipment with a supervising pharmacy located in Kansas; and
(D) has a pharmacy technician on site who performs activities under the electronic supervision of a pharmacist located in Kansas.
(b) A pharmacist shall be in attendance at the telepharmacy outlet by connecting to the telepharmacy outlet via computer link, video link and audio link or other functionally equivalent telecommunications equipment and shall be available to consult with and assist the pharmacy technician in performing activities.
(c) Not later than January 1, 2023, the board shall adopt rules and regulations necessary to specify additional criteria for a managing pharmacy and telepharmacy outlet under this section, including, but not limited to:
(1) Application requirements;
(2) structural, security, technology and equipment requirements;
(3) staffing, training and electronic supervision requirements;
(4) inventory record keeping and storage requirements;
(5) labeling requirements;
(6) establishment of policies and procedures;
(7) the number of telepharmacy outlets that may be operated by a supervising pharmacy;
(8) use of automated dispensing machines; and
(9) criteria for requesting exemptions or waivers from the requirements set forth in rules and regulations adopted under this subsection.
(d) This section shall be a part of and supplemental to the pharmacy act of the state of Kansas.
History: L. 2021, ch. 106, § 3; June 3.
§§ 65-16,131 Pharmacist-initiated therapy for certain health conditions; requirements; establishment of protocols by collaborative drug therapy management advisory committee; penalty for violation
(a) A pharmacist may initiate therapy within the framework of a statewide protocol for the following health conditions:
(1) Influenza;
(2) streptococcal pharyngitis; or
(3) urinary tract infection.
(b) The collaborative drug therapy management advisory committee established pursuant to K.S.A. 65-1677, and amendments thereto, may adopt a statewide protocol for each condition listed in subsection (a). In establishing such statewide protocols, the committee shall specify:
(1) The medications or categories of medications included in the protocol for each health condition;
(2) the training or qualifications required for pharmacists to implement the protocols;
(3) requirements for documentation and maintenance of records, including patient inclusion and exclusion criteria, medical referral criteria, patient assessment tools based on current clinical guidelines, follow-up monitoring or care plans and the pharmacist's adherence to the applicable protocols; and
(4) communication requirements, including, but not limited to, notification to the patient's personal or primary care provider.
(c) The board may deny an application or renewal or revoke or suspend the license of a pharmacist upon a finding that the pharmacist has violated the provisions of this section or failed to practice within the framework of statewide protocols established pursuant to this section by the collaborative drug therapy management advisory committee.
(d) This section shall take effect and be in force on and after July 1, 2022.
History: L. 2022, ch. 74, § 1; April 28.
Article 17 Regulation of Embalmers and Funeral Directors; Funeral Establishments
§ 65-1701 License; application, issuance; registration and display
Every person hereafter desiring to enter the practice of embalming dead human bodies within the state of Kansas shall make a written application to the state board of mortuary arts, upon forms prescribed by such board, for a license to practice the science of embalming. If the board finds that the applicant is of good moral character, has complied with the requirements of K.S.A. 65-1701a or 65-1701b, and amendments thereto, is possessed of skill and knowledge in the science of embalming and in the care and disposition of dead human bodies and has reasonable knowledge of sanitation and disinfection in case of death from infectious or contagious diseases, the board shall issue to such applicant a license to practice the science of embalming and shall register the applicant as a duly licensed embalmer. Each license shall be signed by the president and secretary of the board and attested by its seal. Each person receiving a license shall display the same in such person's establishment.
History: L. 1907, ch. 387, § 5; L. 1909, ch. 225, § 3; R.S. 1923, 65-1701; L. 1941, ch. 297, § 5; L. 1964, ch. 27, § 1 (Budget Session); L. 1977, ch. 218, § 1; L. 1985, ch. 215, § 1; July 1.
§ 65-1701a Educational requirements; registration and examination, fees; apprenticeship
(a) Except as otherwise provided by K.S.A. 65-1701b, and amendments thereto, each applicant for a license to practice embalming in this state, in order to be eligible for examination, shall be required to show to the satisfaction of the state board of mortuary arts that:
(1) Prior to July 1, 1991, the applicant: (A) Successfully completed courses in a community college, college or university accumulating at least 60 semester hours; and (B) graduated from a school of mortuary science approved by the board that offers a 12-month course in mortuary science with at least 30 semester hours in mortuary science; or
(2) on and after July 1, 1991, the applicant has graduated from a community college, college or university with at least an AA degree in mortuary science approved by the board.
(b) Except as otherwise provided in K.S.A. 65-1701b, and amendments thereto, each applicant for a license to practice embalming in this state, in order to be eligible for a full apprenticeship, as provided in subsection (c), shall be required to submit to an examination approved by the board. An applicant who is completing a split apprenticeship, as provided in subsection (c), in order to be eligible for the second six-month period of the apprenticeship, shall be required to submit to an examination approved by the board. Each applicant shall be required to register with the secretary of the board in the manner and at the time required by the board before submitting to examination. The examination fee and registration fee shall be in the amounts fixed by the board in accordance with K.S.A. 65-1727, and amendments thereto. The board may require that fees paid for an examination be paid by the person taking the examination directly to the examination service providing the examination approved by the board.
(c) Except as otherwise provided by K.S.A. 65-1701b, and amendments thereto, each applicant for a license to practice embalming in this state, in order to be eligible for licensure, shall successfully pass a written examination established by rules and regulations of the board and shall successfully complete a full-time 12-month apprenticeship under the supervision of a Kansas licensed embalmer or an embalmer approved by the board. The board by rules and regulations shall establish the score for the successful completion of the written examination.
(1) Such 12-month apprenticeship may be completed as either a:
(A) Full apprenticeship, with all 12 months being served after graduation from a school of mortuary science; or
(B) split apprenticeship, wherein the 12-month apprenticeship is split into two continuous six-month periods. The first six-month period shall be completed within the 12 months prior to enrollment in a school of mortuary science, and the remaining six-month period shall be completed after graduation from such school of mortuary science.
(d) (1) The board shall adopt rules and regulations establishing the criteria which a school of mortuary science or college or university offering at least an AA degree in mortuary science shall satisfy in order to obtain board approval under subsection (a).
(2) The board may send a questionnaire developed by the board to any school of mortuary science or college or university offering at least an AA degree in mortuary science for which the board does not have sufficient information to determine whether the school, college or university meets the criteria for approval established by rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school, college or university to be considered for approval.
(3) The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about such schools, colleges or universities. In entering such contracts the authority to approve schools, colleges or universities shall remain solely with the board.
History: L. 1927, ch. 291, § 4; L. 1941, ch. 297, § 6; L. 1949, ch. 332, § 1; L. 1955, ch. 291, § 1; L. 1964, ch. 27, § 2 (Budget Session); L. 1977, ch. 218, § 2; L. 1982, ch. 264, § 1; L. 1985, ch. 215, § 2; L. 1986, ch. 237, § 1; L. 1988, ch. 243, § 8; L. 1991, ch. 190, § 1; L. 1993, ch. 80, § 1; L. 2004, ch. 57, § 3; L. 2023, ch. 4, § 1; July 1.
§ 65-1701b Reciprocal licenses; fees
The state board of mortuary arts may enter into reciprocal relations with the boards of other states in granting licenses to duly licensed embalmers from such states: (a) If the requirements of the state from which the applicant applies are as high as those of the state of Kansas and if the applicant is favorably recommended in writing by the board of the applicant's prior state; or (b) if the applicant individually meets the Kansas requirements even though the requirements of the state from which the applicant applies are not as high as those of the state of Kansas and if the applicant is favorably recommended in writing by the board of the applicant's prior state. The original fee for such reciprocal license and the renewal fees shall be in the amounts fixed by the board in accordance with the provisions of K.S.A. 65-1727 and amendments thereto.
History: L. 1927, ch. 291, § 5; L. 1941, ch. 297, § 7; L. 1964, ch. 27, § 3 (Budget Session); L. 1979, ch. 188, § 2; L. 1985, ch. 215, § 3; L. 1986, ch. 237, § 2; July 1.
§ 65-1702 Embalmer's license; biennial renewal; fees; notice; suspension and reinstatement; relicensure; rules and regulations; evidence of continuing education required for license renewal; exemption
(a) Every licensed embalmer who desires to continue the practice of embalming shall pay to the secretary of the state board of mortuary arts a renewal fee in the amount fixed by the board in accordance with the provisions of K.S.A. 65-1727 and amendments thereto. The secretary shall mail a notice of the due date for payment of the renewal fee at least 30 days prior to such date to the last known address of each licensee.
(b) If such licensee shall fail to pay the renewal fee prior to the expiration date, the licensee shall be automatically suspended and denied the right to practice embalming in this state during such suspension. The board may reinstate such lapsed licenses upon payment of the fee in arrears and a reinstatement fee in the amount equal to the renewal fee, except such lapse shall not be over six months in duration.
(c) Any person who fails to reinstate a lapsed license within six months after the lapse of such license may apply for relicensure by making application on a form provided by the board. Relicensure shall be granted upon receipt of proof that the applicant is competent to act as a licensed embalmer, meets current qualifications to act as a licensed embalmer, has satisfied all of the requirements for renewal established by law and has paid the board all back renewal fees as established by the board by rules and regulations.
(d) The expiration date of each license issued or renewed shall be established by rules and regulations of the board. Subject to the provisions of this subsection, each license shall be renewable on a biennial basis upon the filing of a renewal application prior to the expiration date of the license and upon payment of the renewal fee established pursuant to K.S.A. 65-1727 and amendments thereto. To provide for a system of biennial renewal of licenses, the state board of mortuary arts may provide by rules and regulations that licenses issued or renewed for the first time after the effective date of this act may expire less than two years from the date of issuance or renewal. In each case in which a license is issued or renewed for a period of time less than two years, the board shall prorate to the nearest whole month the license or renewal fee established pursuant to K.S.A. 65-1727 and amendments thereto. The provisions of this subsection (d) shall not apply to apprentice licenses or periods of apprenticeship under K.S.A. 65-1701a and amendments thereto.
(e) Every licensed embalmer who desires to be actively engaged in the practice of embalming in Kansas shall submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing education as soon as possible after the effective date of this act.
(f) Every licensed embalmer who is not actively engaged in the practice of embalming in the state shall be exempt from the continuing education requirements set forth in subsection (e) of this section. If the person becomes engaged in the active practice of embalming, such person shall within the first full year after becoming engaged in active practice meet the continuing education requirements specified by the board.
History: L. 1907, ch. 387, § 6; R.S. 1923, 65-1702; L. 1927, ch. 291, § 2; L. 1935, ch. 233, § 1; L. 1941, ch. 297, § 8; L. 1953, ch. 291, § 1; L. 1964, ch. 27, § 4 (Budget Session); L. 1975, ch. 320, § 1; L. 1979, ch. 188, § 3; L. 1985, ch. 215, § 4; L. 1991, ch. 190, § 2; July 1.
§ 65-1702a Temporary embalming permits for certain purposes; conditions and limitations
(a) The state board of mortuary arts may issue temporary embalming permits to out-of-state licensed embalmers for teaching purposes involving an approved continuing education program, or in emergency or disaster situations, as deemed necessary by the board. A temporary embalming permit shall be subject to such conditions and limitations as the board may specify in such permit and as may be specified by law. A temporary embalming permit shall authorize the permit holder to practice embalming subject to the conditions and limitations specified by the board in such permit and the conditions and limitations specified by law.
(b) Each applicant for a temporary embalming permit shall hold an active embalmer license or certificate in another state.
(c) Each application for a temporary embalming permit shall be submitted on forms provided by the board.
(d) Each temporary embalming permit shall be issued for a maximum of 30 days at no cost to the applicant and shall be signed by the president or executive-secretary of the board and attested by the board's seal.
History: L. 1992, ch. 52, § 1; July 1.
§ 65-1703 Unlicensed persons; unlawful acts; student and apprentice embalmers; registration and supervision; definitions
(a) (1) It is unlawful for any person who is not licensed as an embalmer to advertise, practice, offer to practice, or hold oneself out as practicing the science of embalming, either by arterial or cavity treatment, or otherwise, in this state, or to embalm any dead human body for shipment or transportation by common or private carrier.
(2) It is unlawful for any common carrier to receive for transportation or to transport any dead human body unless the body has been prepared by a licensed embalmer, in accordance with this act and the rules and regulations of the board.
(3) No one except a licensed embalmer, an apprentice embalmer or a student embalmer under the provisions of this act and rules and regulations of the board shall be permitted to do any of the actual embalming of a dead human body, and no licensed embalmer shall permit anyone who is not a licensed embalmer, an apprentice embalmer or a student embalmer assigned to such embalmer, to perform in such embalmer's place of business, or elsewhere, or under such embalmer's supervision, any of the actual embalming of a dead human body, or perform any act necessary to embalm and preserve a dead human body.
(b) Student embalmers shall preregister or register with the board and be under the direct personal supervision of a licensed Kansas embalmer at all times during the embalming process. Apprentice embalmers shall be under the personal supervision of a licensed embalmer except under a split apprenticeship pursuant to K.S.A. 65-1701a, and amendments thereto, during which the apprentice embalmer shall be under the direct personal supervision of a licensed embalmer for the first six-month period.
(c) As used in this section:
(1) "Actual embalming" does not include dressing the hair, bathing, moving or dressing the body or cosmetic work.
(2) "Direct personal supervision" means that a licensed Kansas embalmer takes full responsibility for actions of the student embalmer and shall be physically present at all times.
(3) "Personal supervision" means that a licensed embalmer takes full responsibility for the actions of the apprentice embalmer but does not require any physical presence.
History: L. 1907, ch. 387, § 8; L. 1909, ch. 225, § 4; R.S. 1923, 65-1703; L. 1941, ch. 297, § 9; L. 1991, ch. 190, § 3; L. 1995, ch. 86, § 1; L. 2023, ch. 4, § 2; July 1.
§ 65-1704 Officers of the law
Nothing in this act shall apply to or in any manner interfere with the duties of any officer of the law.
History: L. 1907, ch. 387, § 9; R.S. 1923, 65-1704; L. 1941, ch. 297, § 10; June 30.
§ 65-1705 Penalties for violations
Any person who shall advertise, practice or hold oneself out as practicing the science of embalming without having complied with the provisions of this act shall be guilty of a class A nonperson misdemeanor.
History: L. 1907, ch. 387, § 10; L. 1909, ch. 225, § 5; R.S. 1923, 65-1705; L. 1974, ch. 295, § 5; L. 1978, ch. 105, § 20; L. 1995, ch. 86, § 2; July 1.
§ 65-1706 Use of bodies by school for teaching embalming
The state board of mortuary arts and schools for teaching embalming shall have extended to them the same privileges as to the use of bodies for dissecting, demonstrating or teaching as those granted in this state to medical colleges.
History: L. 1907, ch. 387, § 11; L. 1909, ch. 225, § 6; R.S. 1923, 65-1706; L. 1985, ch. 215, § 5; July 1.
§ 65-1707 Penalty for embalming without permission of coroner, when
It shall be unlawful to embalm a dead human body, when any fact within the knowledge or brought to the attention of the embalmer is sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, until permission of the coroner or where there is no coroner or in case of his absence or inability to act, a sheriff or county or district attorney has first been obtained. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).
History: L. 1907, ch. 387, § 13; R.S. 1923, 65-1707; L. 1941, ch. 297, § 11; L. 1973, ch. 134, § 52; July 1, 1974.
§ 65-1708 Repealed
History: L. 1907, ch. 387, § 14; L. 1909, ch. 225, § 7; R.S. 1923, 65-1708; Repealed, L. 1965, ch. 379, § 1; June 30.
§ 65-1709 Repealed
History: L. 1907, ch. 387, § 15; R.S. 1923, 65-1709; Repealed, L. 1971, ch. 176, § 22; July 1.
§ 65-1710 Questions used for examination
The board shall select the examination to be used by applicants for a license.
History: L. 1907, ch. 387, § 16; R.S. 1923, 65-1710; L. 1993, ch. 80, § 2; July 1.
§ 65-1711 Record of licenses
The secretary of said board shall keep a record in which shall be entered the names and residences of all persons to whom licenses have been issued hereunder, and the secretary shall record the license number and the date of issuance of each such license.
History: L. 1907, ch. 387, § 17; L. 1909, ch. 225, § 8; R.S. 1923, 65-1711; L. 1941, ch. 297, § 12; L. 1975, ch. 462, § 88; L. 1979, ch. 188, § 4; July 1.
§ 65-1711a Repealed
History: L. 1941, ch. 297, § 13; L. 1953, ch. 292, § 1; L. 1972, ch. 231, § 2; L. 1975, ch. 462, § 89; L. 1984, ch. 313, § 109; L. 1985, ch. 215, § 6; Repealed, L. 1987, ch. 237, § 3; July 1.
§ 65-1712 Rules and regulations; submission to secretary of health and environment; penalty for violations
The state board of mortuary arts shall from time to time adopt rules and regulations, not inconsistent with the laws of this state or of the United States, whereby the performance of the duties of the secretary and the board and the practice of embalming dead human bodies and transportation of same shall be regulated. Rules and regulations relating to embalming and transporting dead human bodies shall be adopted by the board after having first been submitted to and approved by the secretary of health and environment. All companies or individuals operating or controlling common carriers and public and private conveyances and all licensed embalmers in this state shall obey the rules and regulations when adopted and published as provided by law, and any licensed embalmer, or any person or owner having charge of any such common carrier or public or private conveyance, who refuses or neglects to obey such rules and regulations shall be guilty of a misdemeanor and for each offense shall be punished by a fine of not less than $50 nor more than $200.
History: L. 1909, ch. 225, § 9; R.S. 1923, 65-1712; L. 1965, ch. 506, § 30; L. 1979, ch. 188, § 5; L. 1985, ch. 215, § 7; July 1.
§ 65-1713 Funeral director defined; business name
(a) A "funeral director" is a person engaged in or conducting, or holding oneself out as engaged in or conducting, the business of:
(1) Preparing dead human bodies, other than by embalming, for disposition; or
(2) Meeting with families for the purpose of making at-need funeral arrangements; or
(3) Directing, arranging for or supervising the disposition of dead human bodies whether by burial or cremation; or
(4) Providing or maintaining a funeral establishment, branch funeral establishment or crematory.
(b) A funeral director shall, in connection with such person's name or business, use the words "funeral director," "undertaker," "mortician," or any other title implying that such person is engaged in the business herein described.
History: L. 1935, ch. 234, § 1; L. 2007, ch. 38, § 1; L. 2010, ch. 68, § 1; July 1.
§ 65-1713a Funeral establishment defined; branch establishments; prearranged funeral agreements
(a) A "funeral establishment," as the term is used herein, is a business premises where a funeral service, visitation or lying in-state of a dead human body is arranged and conducted, or dead human bodies are embalmed or otherwise prepared for a funeral service, visitation, lying in-state, burial, cremation or transportation. A funeral establishment shall be maintained at a fixed and specific street address or location and shall contain a preparation room equipped with a sanitary floor, walls and ceiling, with adequate sanitary drainage and disposal facilities, good ventilation and light, and the necessary instruments, equipment and supplies for the preparation and embalming of dead human bodies for burial or transportation. The preparation room shall be clearly identified by signs on all preparation room entrance doors, shall be separate from any funeral merchandise display room and chapel or visitation rooms and shall not be a part of the living quarters. Each funeral establishment shall have available or employ a Kansas licensed embalmer for all embalming work, if the funeral director in charge of the establishment is not a Kansas licensed embalmer. Each funeral establishment shall be under the personal supervision of a Kansas licensed funeral director.
(b) The provisions and requirements herein contained shall apply to all branch establishments as well as principal establishments, except that:
(1) Only the funeral director in charge of the funeral establishment who holds the funeral establishment license shall be eligible to apply for a branch establishment license;
(2) a branch establishment is not required to contain a funeral merchandise display room or a preparation room or to be a place where dead bodies are prepared for burial, cremation or transportation;
(3) a branch establishment ownership shall be identical to the ownership of the funeral establishment which owns the branch;
(4) the funeral director in charge of the funeral establishment also shall be responsible for the supervision of all branches of that funeral establishment; and
(5) a branch establishment is not required to be under the personal supervision and charge of a licensed funeral director.
(c) The funeral director in charge of any principal or branch establishment whose facility closes is responsible for notifying all individuals with prefinanced funeral agreements of the need to transfer their agreements to another facility. Such notification shall be provided prior to the closing of the facility with a copy of all letters provided to the state board of mortuary arts.
History: L. 1941, ch. 297, § 15; L. 1986, ch. 238, § 1; L. 1992, ch. 51, § 1; L. 1995, ch. 86, § 3; L. 2011, ch. 4, § 1; July 1.
§ 65-1713b Funeral service or interment, who in charge of
Every funeral service or interment, or part thereof, hereafter conducted in this state must be in the actual charge and under the supervision of a Kansas licensed funeral director, or of the duly licensed assistant funeral director: Provided, however, That this shall not prevent a family from burying its own dead where death did not result from a contagious, infectious or communicable disease, nor shall it prevent a religious group or sect whose religious belief require the burial of its own dead from conducting such services where death did not result from a contagious, infectious or communicable disease.
History: L. 1941, ch. 297, § 16; June 30.
§ 65-1714 Funeral director's license; application; qualifications; examination; display of license; special permits
(a) It shall be unlawful for any person to engage in, or attempt to engage in, the business of a funeral director, conduct a funeral, or make an interment in this state, except as provided in K.S.A. 65-1713b, and amendments thereto, without a funeral director's license issued by the state board of mortuary arts.
(b) Every person desiring to enter the practice of funeral directing shall make written application therefor to the board on such forms and in such manner as shall be prescribed by the board. The application shall show that the applicant is of legal age, has successfully completed courses in an accredited academic community college or accredited academic college or university accumulating at least 60 semester hours with 20 semester hours earned in subjects designated by the state board of mortuary arts and has had practical experience in funeral directing working full-time for at least one year prior to the date of the application as a licensed Kansas assistant funeral director under a Kansas licensed funeral director. The application shall also show that the applicant has assisted in conducting at least 25 funeral services before applying for a funeral director's license, which showing shall be supported by a verified written statement giving the list of the cases with which the applicant assisted, the dates thereof and the places where the services were conducted. Funeral directors' licenses shall be issued to individuals only, and not to organizations, institutions, corporations or establishments.
(c) The applicant shall be present before the board for examination at a time and place fixed by the board. The manner and form of the examination shall be determined by the board. It shall not be necessary for the applicant to be a licensed embalmer in order to obtain a funeral director's license under this act.
(d) All licenses shall be signed by the president and secretary of the board and attested by its seal. Every funeral director shall at all times prominently display the funeral director's license in the funeral director's place of employment. In the event of the death of the holder of a funeral director's license, or in other special cases, the board, in its discretion and for good cause shown, may issue special permits to persons otherwise qualified, except for examination, authorizing the temporary practice of funeral directing until the next examination by the board.
(e) Any person, who has lawfully engaged in the business of providing cremation services in Kansas for five consecutive years prior to the effective date of this act, shall be exempt from the apprenticeship requirements which are a prerequisite for licensure as a funeral director under K.S.A. 65-1701a, and amendments thereto, provided that such person shall apply for licensure within six months of the effective date of this act. Any person who is exempt from the apprenticeship requirements under this subsection shall have a grace period of 120 days following the effective date of the act to comply with the requirements for licensure as a funeral director.
History: L. 1935, ch. 234, § 2; L. 1941, ch. 297, § 17; L. 1979, ch. 188, § 6; L. 1982, ch. 264, § 2; L. 1985, ch. 215, § 8; L. 1988, ch. 247, § 3; L. 1991, ch. 190, § 4; L. 2010, ch. 68, § 2; July 1.
§ 65-1715 Same; examination fee
All persons shall be licensed as funeral directors only after due examination by the state board of mortuary arts and the payment of an examination fee. The examination fee shall be in the amount fixed by the board in accordance with the provisions of K.S.A. 65-1727 and amendments thereto. The examination fee shall be in addition to the license fee.
History: L. 1935, ch. 234, § 3; L. 1964, ch. 27, § 5 (Budget Session); L. 1979, ch. 188, § 7; L. 1985, ch. 215, § 9; July 1.
§ 65-1716 Biennial renewal fee; notice; suspension of license; reinstatement fee; relicensure; rules and regulations; evidence of continuing education required for license renewal; exemption
(a) The renewal fee for a funeral director's license shall be in the amount fixed by the state board of mortuary arts in accordance with the provisions of K.S.A. 65-1727 and amendments thereto. The fee shall be due and payable to the secretary of the board prior to the expiration date of the license. The secretary of the board shall mail a notice of the expiration date of each license and of the renewal fee at least 30 days prior to the date of expiration to the last known address of each licensee. If the licensee fails to pay such renewal fee within the time specified, the licensee shall be automatically suspended and denied the right to practice funeral directing in this state during such suspension.
(b) The board may reinstate such lapsed license upon the payment of the fee in arrears, plus the additional reinstatement fee in the amount equal to the renewal fee, if such lapse is not over six months in duration.
(c) Any person who fails to reinstate a lapsed license within six months after the lapse of such license may apply for relicensure by making application on a form provided by the board. Relicensure shall be granted upon receipt of proof that the applicant is competent to act as a licensed funeral director, meets qualifications to act as a licensed funeral director, has satisfied all of the requirements for renewal established by law and has paid the board all back renewal fees as established by the board by rules and regulations.
(d) The expiration date of each license shall be established by rules and regulations of the board. Subject to the provisions of this subsection, each license shall be renewed on a biennial basis upon the filing of a renewal application prior to the expiration date of the license and upon payment of the renewal fee established pursuant to K.S.A. 65-1727 and amendments thereto. To provide for a system of biennial renewal of licenses, the board may provide by rules and regulations that licenses issued or renewed for the first time after the effective date of this act may expire less than two years from the date of issuance or renewal. In each case in which a license is issued or renewed for a period of time of less than two years, the board shall prorate to the nearest whole month the license or renewal fee established pursuant to K.S.A. 65-1727 and amendments thereto.
(e) Every licensed funeral director who desires to be actively engaged in the practice of funeral directing in Kansas shall submit with the renewal application and renewal fee evidence of satisfactory completion of a program of continuing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing education as soon as possible after the effective date of this act.
(f) Every licensed funeral director who is not actively engaged in the practice of funeral directing in the state shall be exempt from the continuing education requirements set forth in this section. If the person becomes engaged in the active practice of funeral directing, such person shall within the first full year after becoming engaged in active practice meet the continuing education requirements specified by the board.
History: L. 1935, ch. 234, § 4; L. 1941, ch. 297, § 18; L. 1953, ch. 291, § 2; L. 1964, ch. 27, § 6 (Budget Session); L. 1976, ch. 271, § 1; L. 1979, ch. 188, § 8; L. 1985, ch. 215, § 10; L. 1991, ch. 190, § 5; July 1.
§ 65-1717 Assistant funeral director's license; qualifications; fees; application; registration; suspension or revocation of license; procedure; biennial renewal; rules and regulations
(a) The term "assistant funeral director" as herein used means a person who assists a duly Kansas licensed funeral director in one or more of the principal functions of funeral directing, and is actively engaged in such work. An assistant funeral director must be an employee of the funeral director under whom the employee is registered, and shall be a person to whom the funeral director delegates the responsibility of conducting funeral services and making interments.
(b) The state board of mortuary arts may, in its discretion, license assistant funeral directors to each Kansas licensed funeral director. Licensure as an assistant funeral director shall be separate and distinct from registration as an apprentice embalmer. The board may issue an assistant funeral director license on successful completion of an examination, the manner and form of which is to be determined by the board, and upon the payment of the application fee which shall include the license fee for the current year or portion thereof, and such application and license fee shall be in the amount fixed by the board in accordance with the provisions of K.S.A. 65-1727, and amendments thereto. The renewal fee shall be in the amount fixed by the board in accordance with the provisions of K.S.A. 65-1727, and amendments thereto. Before issuing a license to an applicant for an assistant funeral director's license, the board shall require satisfactory proof that the applicant is capable and trustworthy to act as such and that the applicant is a person of good moral character and temperate habits, has a good standing in the community and is qualified to engage in the business. In determining the moral character of any such applicant, the board shall take into consideration any felony conviction of such person, but such conviction shall not automatically operate as a bar to licensure. Each person applying for an assistant funeral director's license shall make application and be recommended in writing on forms provided by the board. The application shall show that the applicant is at least 17 years of age and has graduated from an accredited high school or has obtained the equivalent of a high school education as determined by the state department of education before such license can be issued to the applicant. Upon issuing a license to an assistant funeral director, as herein provided, the board shall cause the licensee to be registered in the office of the secretary of the board under the supervision of the Kansas licensed funeral director by whom such licensee is employed and under whom such licensee is registered. The funeral director under whom the assistant funeral director has been registered must immediately notify the secretary of the board when the licensee has left the director's employ. Upon the reemployment of the licensee by any other funeral director, such licensee shall be reinstated by the board and receive credit on their apprenticeship for the period of time the licensee had theretofore served as an apprentice. The work of an assistant funeral director shall at all times be under the supervision and control of the Kansas licensed funeral director under whom the licensee is registered. Licenses of assistant funeral directors may be suspended or revoked, or the board may refuse to issue or renew the same, for any of the reasons and in the manner stated herein for funeral directors' licenses. Any such license suspension or revocation action shall be in accordance with the provisions of the Kansas administrative procedure act.
(c) The expiration date of each license shall be established by rules and regulations of the board. Subject to the provisions of this section, each license shall be renewable on a biennial basis upon the filing of a renewal application prior to the expiration date of the license and upon payment of the renewal fee established pursuant to K.S.A. 65-1727, and amendments thereto. To provide for a system of biennial renewal of licenses, the board may provide by rules and regulations that licenses issued or renewed may expire less than two years from the date of issuance or renewal. In each case in which a license is issued or renewed for a period of time less than two years, the board shall prorate to the nearest whole month the license or renewal fee established pursuant to K.S.A. 65-1727, and amendments thereto.
(d) The examination and education requirements set forth in subsection (b) shall not apply to any person holding a valid assistant funeral director's license as of December 31, 2007, or to registered apprentice funeral directors.
History: L. 1935, ch. 234, § 5; L. 1941, ch. 297, § 19; L. 1953, ch. 291, § 3; L. 1964, ch. 27, § 7 (Budget Session); L. 1968, ch. 187, § 1; L. 1972, ch. 231, § 4; L. 1979, ch. 188, § 9; L. 1984, ch. 313, § 110; L. 1985, ch. 215, § 11; L. 2007, ch. 87, § 1; January 1, 2008.
§ 65-1718 Disposition of moneys; mortuary arts fee fund
(a) The state board of mortuary arts shall remit all moneys received by or for it 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the mortuary arts fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state board of mortuary arts or by a person or persons designated by the secretary.
(b) On July 1, 1985, the director of accounts and reports shall transfer all moneys in the embalming board fee fund to the mortuary arts fee fund. On July 1, 1985, all liabilities of the embalming board fee fund are hereby imposed upon the mortuary arts fee fund, and the embalming board fee fund is hereby abolished.
(c) Whenever the embalming board fee fund, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the mortuary arts fee fund.
History: L. 1935, ch. 234, § 6; L. 1973, ch. 309, § 17; L. 1985, ch. 215, § 12; L. 2001, ch. 5, § 230; L. 2011, ch. 53, § 28; July 1.
§ 65-1719 Record of licenses
The secretary of the board shall annually send to the office of the secretary of health and environment a list containing the names, addresses and license numbers of all funeral directors and assistant funeral directors as of July first of that year. A copy of the records of the board, or of any portion thereof, certified by its secretary, shall be deemed lawful evidence in any court of this state.
History: L. 1935, ch. 234, § 7; L. 1941, ch. 297, § 20; L. 1975, ch. 462, § 90; July 1.
§ 65-1720 Repealed
History: L. 1935, ch. 234, § 8; Repealed, L. 1941, ch. 297, § 24; June 30.
§ 65-1721 Qualifications; persons from other states; examination
(a) The board may, in its discretion, upon payment of the fees herein provided for, issue licenses to funeral directors residing in other states who are funeral directors in good standing in their own states, and whose methods of transacting business do not, in the opinion of the board, violate any of the laws of Kansas or the rules and regulations of the board.
(b) If a funeral director from another state desires to locate and engage in that business in this state, the funeral director shall not be required to serve one year as a licensed assistant funeral director in this state if the funeral director is favorably recommended in writing by the license board of the state of the funeral director's previous residence, and if the funeral director has had at least one full year of actual experience as a funeral director in that state, and if the state of the funeral director's previous residence has educational requirements for funeral directors equal to or greater than those in Kansas or the funeral director individually meets the Kansas educational requirements even though the state of the funeral director's previous residence has educational requirements for funeral directors which are not equal to or greater than those in Kansas. Such person shall pay the same fees as required of other applicants in this state.
(c) The board may administer a written or oral examination to a funeral director from another state on the statutes, rules and regulations that govern funeral directing in this state.
History: L. 1935, ch. 234, § 9; L. 1941, ch. 297, § 21; L. 1982, ch. 264, § 3; L. 1983, ch. 211, § 1; L. 1986, ch. 237, § 3; July 1.
§ 65-1722 Repealed
History: L. 1935, ch. 234, § 10; L. 1941, ch. 297, § 22; L. 1953, ch. 292, § 2; L. 1972, ch. 231, § 3; L. 1975, ch. 462, § 91; L. 1984, ch. 313, § 111; L. 1985, ch. 215, § 13; Repealed, L. 1987, ch. 237, § 3; July 1.
§ 65-1723 Powers of state board of mortuary arts; fees and expenses
The state board of mortuary arts shall have the power to adopt and enforce all necessary rules and regulations not inconsistent with this act for examining and licensing funeral directors and assistant funeral directors, issuing licenses by reciprocity, establishing ethical standards and practices and regulating the general practice of funeral directing and cremation. The board shall have the power to inspect funeral establishments, branch establishments and crematories, and to require that funeral establishments, branch establishments and crematories, be maintained, operated and kept in a clean and sanitary condition in accordance with the provisions of this act, rules and regulations of the board and any applicable rules and regulations of the secretary of health and environment. If a person applies for a license for the purpose of opening a new funeral establishment or branch establishment for the purpose of operating a funeral establishment, branch establishment or crematory which has not been heretofore inspected and approved by the board, or if a licensed funeral director or crematory operator in charge makes structural alterations or additions to an existing funeral establishment, branch establishment or crematory, the board shall have the right to withhold the issuance or renewal of any license until any such funeral establishment, branch establishment or crematory has been inspected and approved by the board or its representatives. All references herein to "board" shall refer to the state board of mortuary arts of the state of Kansas unless otherwise clearly indicated. The board is hereby authorized and empowered to do all things necessary and proper in the administration of all the provisions of this act. Members of the state board of mortuary arts shall be allowed the same fees and expenses as are allowed for administering the embalmers' license law.
History: L. 1935, ch. 234, § 11; L. 1941, ch. 297, § 23; L. 1975, ch. 462, § 92; L. 1979, ch. 188, § 10; L. 1985, ch. 215, § 14; L. 1986, ch. 238, § 2; L. 2001, ch. 183, § 10; January 1, 2002.
§ 65-1724 Repealed
History: L. 1935, ch. 234, § 12; Repealed, L. 1941, ch. 297, § 24; June 30.
§ 65-1725 Severability of 1935 act
This act shall be separable, and in case for any reason any provision or part of this act shall be held to be unconstitutional or invalid, the same shall not be held to affect any other paragraph, provision or part of this act.
History: L. 1935, ch. 234, § 13; May 15.
§ 65-1725a Severability of 1941 act
This act shall be separable, and in case for any reason any provision or part of this act shall be held to be unconstitutional or invalid, the same shall not be held to affect any other paragraph, provision or part of this act.
History: L. 1941, ch. 297, § 14; June 30.
§ 65-1726 Penalties for violations
Any person who violates any provision of article 17 of chapter 65 of the Kansas Statutes Annotated shall be guilty of a class A nonperson misdemeanor.
History: L. 1935, ch. 234, § 14; L. 1995, ch. 86, § 4; July 1.
§ 65-1727 Fees; fixed by rules and regulations; notice to licensee; licensure by endorsement
(a) On or before October 15 of each year, the state board of mortuary arts shall determine the amount of funds that will be required during the next ensuing two years to properly administer the laws which the board is directed to enforce and administer under the provisions of article 17 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof and supplemental thereto, and by rules and regulations shall fix fees in such reasonable sums as may be necessary for such purposes within the following limitations:
- Embalmers endorsement application fee, not more than $500
- Embalmers reciprocity application fee, not more than 500
- Funeral directors examination fee, not more than 400
- Funeral directors reciprocity application fee, not more than 500
- Embalmers/funeral directors reciprocity application fee, not more than 500
- Assistant funeral directors application fee, not more than 300
- Assistant funeral directors examination fee, not more than 300
- Embalmers license and renewal fee, not more than 350
- Funeral directors license and renewal fee, not more than 450
- Crematory operator's license and renewal fee, not more than 200
- Assistant funeral directors license and renewal fee, not more than 400
- Apprentice embalmers registration fee, not more than 250
- Funeral establishment license fee, not more than 1,000
- Branch establishment license fee, not more than 1,000
- Crematory license fee, not more than 1,000
- Crematory renewal fee, not more than 1,000
- Funeral establishment/crematory license fee, not more than 1,500
- Funeral establishment/crematory renewal fee, not more than 1,500
- Branch establishment/crematory license fee, not more than 1,500
- Branch establishment/crematory renewal fee, not more than 1,500
- Duplicate licenses 30
- Rulebooks 20
- Continuing education program sponsor applications 25
- Continuing education program licensee applications 25
At least 30 days prior to the expiration date of any license issued by the board, the board shall notify the licensee of the applicable renewal fee therefor.
(b) The fees established by the board under this section immediately prior to the effective date of this act shall continue in effect until such fees are fixed by the board by rules and regulations as provided in this section. An owner of a licensed funeral establishment or licensed branch establishment and a licensed crematory may be charged by the board a combined funeral establishment/crematory license or renewal fee or branch establishment/crematory license or renewal fee under this section in lieu of a separate license or renewal fee for each facility.
(c) The state board of mortuary arts may license embalmers via endorsement from another state: (1) If the individual has been licensed for at least five years and has completed at least five consecutive years of active practice in embalming; (2) has passed the national examination written by the international conference of funeral service examining boards; and (3) has not had any adverse action taken against such licensee by the state board in which licensure is held. The original fee for such endorsement license and the renewal fee shall be in the amounts fixed by the board in accordance with the provisions of this section.
(d) Fees paid to the board are not refundable.
History: L. 1964, ch. 27, § 8 (Budget Session); L. 1973, ch. 251, § 1; L. 1979, ch. 188, § 11; L. 1981, ch. 300, § 4; L. 1982, ch. 264, § 4; L. 1985, ch. 215, § 15; L. 1986, ch. 238, § 3; L. 1991, ch. 190, § 6; L. 1995, ch. 86, § 5; L. 2001, ch. 183, § 11; L. 2007, ch. 87, § 2; L. 2010, ch. 131, § 7; July 1, 2011.
§ 65-1728 Eye enucleation; embalmers and other persons; certificate of competence; liability
For the purpose of removing an eye or part thereof, any embalmer licensed in accordance with the provisions of article 17 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, a licensed nurse, technician employed by a nationally certified eye bank, licensed optometrist, emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, or physician assistant, who has completed a course in eye enucleation at a school certified by the department of ophthalmology, college of medicine of the university of Kansas school of medicine, and holds a valid certificate of competence from such certified school, or a person licensed to practice medicine and surgery is hereby authorized to enucleate eyes from any body when the gift of such eye has been made in accordance with the terms of the revised uniform anatomical gift act, K.S.A. 65-3220 through 65-3244, and amendments thereto. Persons certified in accordance with this section and persons licensed to practice medicine and surgery who perform the enucleation of eyes in accordance with the provisions of K.S.A. 65-3220 through 65-3244, and amendments thereto, shall incur no liability, civil or criminal, for his acts in performance of enucleation of eyes.
History: L. 1972, ch. 238, § 1; L. 1998, ch. 65, § 1; L. 2004, ch. 117, § 4; L. 2007, ch. 127, § 31; L. 2019, ch. 64, § 13; June 6.
§ 65-1729 Funeral establishment license; branch establishment license; fees; disposition of moneys; unlawful acts
(a) The funeral director in charge of a funeral establishment, as defined by K.S.A. 65-1713a and amendments thereto, including any branch establishment, located or doing business within the state shall apply for and obtain a funeral establishment license or branch establishment license, as appropriate, from the state board of mortuary arts for each location within the state of such funeral establishment or branch establishment.
(b) An application for a new license is required if the funeral establishment or branch establishment changes ownership, name or location. Such application shall be made to the state board of mortuary arts at least 30 days prior to such change of ownership, name or location.
(c) The funeral establishment license fee or branch establishment license fee shall be fixed by the state board of mortuary arts under K.S.A. 65-1727 and amendments thereto and shall be due and paid to the state board of mortuary arts on or before the expiration date of such license. The disposition of all funds collected under the provisions of this act shall be in accordance with the provisions of K.S.A. 65-1718 and amendments thereto.
(d) Each funeral establishment license or branch establishment license shall expire every two years on a date established by the state board of mortuary arts by duly adopted rules and regulations.
(e) It is unlawful for any person who does not hold a funeral establishment or branch establishment license to operate, offer to operate, advertise or represent oneself as operating a funeral or branch establishment.
History: L. 1973, ch. 250, § 1; L. 1979, ch. 188, § 12; L. 1981, ch. 300, § 5; L. 1985, ch. 215, § 16; L. 1986, ch. 238, § 4; L. 1991, ch. 190, § 7; L. 1992, ch. 51, § 2; L. 1995, ch. 86, § 6; July 1.
§ 65-1730 Rules and regulations
The state board of mortuary arts shall adopt rules and regulations for the administration of this act.
History: L. 1973, ch. 250, § 2; L. 1985, ch. 215, § 17; July 1.
§ 65-1731 Failure, neglect or refusal to pay fee classified as class B misdemeanor
It shall be unlawful for any officer or agent of any funeral establishment or branch establishment required to pay the establishment fee authorized by the provisions of this act to fail, neglect or refuse to pay such fee. Any officer or agent of such funeral establishment or branch establishment who fails, neglects or refuses to pay such fee shall be guilty of a class B misdemeanor.
History: L. 1973, ch. 250, § 3; L. 1986, ch. 238, § 5; July 1.
§ 65-1732 Disposal of unclaimed cremated remains; veteran's unclaimed cremated remains; rules and regulations
(a) A funeral establishment, branch establishment or crematory which has possession of the cremated remains of a dead human body may dispose of the cremated remains, if:
(1) Such cremated remains have not been claimed for at least 90 days from the time of cremation;
(2) the funeral establishment, branch establishment or crematory has sent a notice by certified mail, return receipt requested, to the last known address of the authorizing agent as defined under K.S.A. 65-1760, and amendments thereto. Such notice shall state that such remains will be disposed of in accordance with the provisions of this section unless claimed within 30 days of the date such notice is sent; and
(3) the funeral establishment, branch establishment or crematory has not received any claim on the cremated remains for at least 30 days from the date that such notice was sent.
(b) Such disposal under subsection (a) shall include burial by placing the remains in a church or cemetery plot, scatter garden, pond or columbarium, relinquishing possession of the cremated remains of veterans to the director of the Kansas commission of veterans affairs office, or the director's designee, or a national cemetery in accordance with the provisions of subsection (c) or otherwise disposing of the remains as provided by rule and regulation of the board of mortuary arts. Disposition may include the commingling of the cremated remains with other cremated remains and thus the cremated remains would not be recoverable.
(c) (1) A funeral establishment, branch establishment or crematory which has held in its possession cremated remains for more than 90 days from the date of cremation and has provided notice pursuant to subsection (a) and the cremated remains remain unclaimed may, in accordance with the provisions of this section, determine if such cremated remains are those of a veteran, and if so, may dispose of such remains as provided in this section.
(2) Notwithstanding any law or rules and regulations to the contrary, nothing in this section shall prevent a funeral establishment, branch establishment or crematory from sharing information with the United States department of veterans affairs or the Kansas office of veterans services for the purpose of determining whether the cremated remains are those of a veteran. A funeral establishment, branch establishment, crematory, funeral director, assistant funeral director or crematory operator shall be discharged from any legal obligations or liability with regard to the releasing or sharing of information with such entities.
(3) Should a funeral establishment, branch establishment or crematory ascertain the cremated remains in its possession are those of a veteran and they are unclaimed cremated remains to be disposed of pursuant to provisions of subsection (a), the funeral establishment, branch establishment or crematory may relinquish possession of the cremated remains to the director of the Kansas office of veterans services, or the director's designee, or a national cemetery for disposition. Disposition shall be by placement of cremated remains in a tomb, mausoleum, crypt, niche in a columbarium or burial in a cemetery but shall not include the scattering of cremated remains.
(d) Nothing in this section shall require a funeral establishment, branch establishment or crematory to determine or seek others to determine that an individual's cremated remains are those of a veteran if the funeral establishment, branch establishment or crematory was informed by the person in control of the disposition that such individual:
(1) Was not a veteran; or
(2) did not desire any funeral or burial-related services or ceremonies recognizing service as a veteran.
(e) The funeral establishment, branch establishment, crematory, funeral director, assistant funeral director or crematory operator, upon disposing of cremated remains in accordance with the provisions of this section, shall be held harmless for any costs or damages, except if there is gross negligence or willful misconduct, and shall be discharged from any legal obligation or liability concerning the cremated remains.
History: L. 1988, ch. 227, § 1; L. 2001, ch. 183, § 12; L. 2012, ch. 86, § 1; L. 2014, ch. 83, § 5; L. 2024, ch. 84, § 19; July 1.
§ 65-1733 Repealed
History: L. 1988, ch. 227, § 2; Repealed, L. 2012, ch. 86, § 2; July 1.
§ 65-1734 Order of priority of persons authorized to dispose of decedent's remains; immunity of funeral directors, funeral establishments and crematories
(a) The following persons, in order of priority stated, may order any lawful manner of final disposition of a decedent's remains including burial, cremation, entombment or anatomical donation:
(1) The agent for health care decisions established by a durable power of attorney for health care decisions pursuant to K.S.A. 58-625 et seq., and amendments thereto, if such power of attorney conveys to the agent the authority to make decisions concerning disposition of the decedent's remains;
(2) the spouse of the decedent;
(3) the decedent's surviving adult children. If there is more than one adult child, any adult child who confirms in writing the notification of all other adult children, may direct the manner of disposition unless the funeral establishment or crematory authority receives written objection to the manner of disposition from another adult child;
(4) the decedent's surviving parents;
(5) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may direct the manner of disposition;
(6) a guardian of the person of the decedent at the time of such person's death;
(7) the personal representative of the decedent; or
(8) in the case of indigents or any other individuals whose final disposition is the responsibility of the state or county, the public official charged with arranging the final disposition pursuant to K.S.A. 22a-215, and amendments thereto.
(b) If the decedent died during active military service, as provided in 10 U.S.C. § 1481(a)(1) through (8), in any branch of the United States armed forces, United States reserve forces or national guard, the person authorized by the decedent to direct disposition pursuant to public law 109-163, § 564, as listed on the decedent's United States department of defense record of emergency data, DD form 93, or its successor form, shall take priority over all other persons described in subsection (a).
(c) A funeral director, funeral establishment or crematory shall not be subject to criminal prosecution or civil liability for carrying out the otherwise lawful instructions of the person or persons under subsection (a) if the funeral director reasonably believes such person is entitled to control final disposition.
History: L. 2000, ch. 122, § 2; L. 2011, ch. 33, § 1; July 1.
§§ 65-1735 through 65-1750 Reserved
§ 65-1751 Denial, suspension or revocation of license, censure of licensee or imposition of fine; grounds; procedure; definitions
(a) The state board of mortuary arts may refuse to issue or renew a license, may condition, limit, revoke or suspend a license or may publicly or privately censure a licensee, or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for a license:
(1) Has made any misleading, deceptive, untrue or fraudulent statements in applying for or securing an original or renewal license;
(2) has committed an act of unprofessional or dishonorable conduct or professional incompetency;
(3) has been convicted of a felony, and the licensee or applicant for a license is unable to demonstrate to the board's satisfaction that such person has been sufficiently rehabilitated to warrant the public trust, has been convicted of any offense involving moral turpitude or has been convicted of criminal desecration or any other crime which reflects on the licensee's fitness to practice;
(4) has violated any law, ordinance or rule and regulation affecting the handling, custody, care or transportation of dead human bodies;
(5) is rendered unfit or unable to practice embalming or funeral directing by reason of illness, alcohol, chemicals or other types of substances, or as a result of any mental or physical condition as determined by the board after receiving the results of an evaluation by a person licensed to practice medicine and surgery or a person licensed to diagnose and treat mental illness, or both, as directed by the board;
(6) has failed or refused to properly protect or guard against contagious, communicable or infectious disease, or the spreading thereof;
(7) has refused to surrender a dead human body upon the request of the next of kin, or legal representative, if there is no next of kin, or person entitled to the custody and control of the body if there is no next of kin available and no legal representative qualified to act;
(8) or the agent, employee or representative thereof, has advertised, solicited or sold merchandise or services in a manner which is fraudulent, deceptive or misleading in form or content;
(9) or the agent, employee or representative thereof, has engaged in the uninvited, in-person solicitation of an actual or potential customer, who, because of the customer's particular circumstances, was vulnerable to undue influence, intimidation, coercion or overreaching or has violated a provision of K.S.A. 65-1752, and amendments thereto;
(10) or the agent, employee or representative thereof, has knowingly engaged in at-need solicitation;
(11) has used or employed, directly or indirectly, any agent, representative or person, for the purpose of contacting public officials or agents of institutions by whose influence dead human bodies may be turned over to a particular licensee or funeral establishment;
(12) has aided or abetted an unlicensed person to practice any activity for which a license is required under article 17 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto;
(13) has had a license to practice embalming or funeral directing revoked or suspended, has been censured or has had other disciplinary action taken against oneself or has had an application for a license denied by the proper licensing authority of another state, territory, District of Columbia or other country, an attested copy of the record of the action of the other jurisdiction being presumptive evidence thereof;
(14) has cheated on or attempted to subvert the validity of the examination for a license;
(15) has been found to be mentally ill, mentally disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or incompetent to stand trial by a court of competent jurisdiction;
(16) has failed to furnish the board, or its investigators or representatives, any information legally requested by the board;
(17) has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a professional association or society, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(18) has an adverse judgment, award or settlement against the licensee resulting from the practice of funeral directing or embalming which related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section or has failed to report such matter to the board;
(19) has knowingly submitted any misleading, deceptive, untrue or fraudulent representation on a claim form, bill or statement;
(20) has violated any lawful rules and regulations promulgated by the board or any state or federal law including the federal trade commission's funeral rule related to the practice of funeral directing, embalming, cremation or funeral establishments;
(21) has failed to pay any fee required under this act;
(22) has been found liable for or guilty of negligence, incompetence, fraud, misrepresentation or deceit in connection with services rendered as a licensee by a court of competent jurisdiction;
(23) has provided misleading, fraudulent or deceptive statements to the board, its investigators or its representatives, when information is legally requested; or
(24) has provided misleading, fraudulent or deceptive information when filing a death certificate.
(b) The board may adopt rules and regulations defining, construing and interpreting the above grounds for licensure action. All administrative proceedings taken by the board pursuant to this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) As used in this section:
(1) "License" means an embalmer's license, funeral director's license, assistant funeral director's license, funeral establishment license, crematory license or branch establishment license.
(2) "At-need solicitation" means any uninvited contact for the purpose of the sale, or attempted sale, of funeral services or merchandise to the family or next of kin of a person after the person's death, or where death is imminent.
History: L. 1987, ch. 237, § 1; L. 1992, ch. 51, § 3; L. 1995, ch. 86, § 7; L. 1995, ch. 251, § 35; L. 1996, ch. 248, § 1; L. 2004, ch. 57, § 4; L. 2007, ch. 38, § 2; July 1.
§ 65-1752 Solicitation of clients; prohibitions
A licensee or the licensee's representative shall not initiate contact with a client or prospective client:
(a) If the person solicited has made known a desire not to receive the communication; or
(b) if the solicitation involves coercion, duress or harassment; or
(c) if the solicitation takes place at the residence of the client or prospective client, is uninvited by the client or prospective client and has not been previously agreed to by the client or prospective client.
History: L. 1987, ch. 237, § 2; July 1.
§ 65-1753 Dead human bodies; removal and delivery
(a) Except as otherwise provided by law and in accordance with any applicable legal requirements, a dead human body which is removed from the location of death shall be transported only to a licensed funeral establishment, a licensed branch funeral establishment containing an embalming preparation room or a holding facility, a licensed crematory containing a holding facility, a hospital, a cemetery, a coroner or medical examiner facility, the university of Kansas medical center, a federally certified organ procurement organization serving the state of Kansas or other location of final disposition.
(b) A dead human body which is to be removed in accordance with subsection (a) to a federally certified organ procurement organization serving the state of Kansas shall be removed only upon the release of a person listed in the order of priority pursuant to K.S.A. 65-3228, and amendments thereto.
History: L. 2004, ch. 57, § 1; L. 2008, ch. 152, § 1; July 1.
§§ 65-1754 through 65-1759 Reserved
§ 65-1760 Definitions
As used in this act, unless the context clearly shows otherwise:
(a) "Alternative container" means a receptacle, other than a casket, in which dead human bodies are transported to the crematory and placed in the cremation chamber for cremation. An alternative container shall be (1) composed of readily combustible or consumable materials suitable for cremation, (2) able to be closed in order to provide a complete covering for the dead human bodies, (3) resistant to leakage or spillage, (4) rigid enough for handling with ease, and (5) able to provide protection for the health, safety and personal integrity of crematory personnel.
(b) "Authorizing agent" means a person legally entitled to authorize the cremation and final disposition of specific dead human bodies as defined in K.S.A. 65-1734, and amendments thereto.
(c) "Board" means the state board of mortuary arts.
(d) "Cremated remains" means all human remains recovered after the completion of the cremation of a dead human body, which may possibly include the residue of any foreign matter including casket material, bridgework or eyeglasses, that was cremated with the dead human body.
(e) "Cremation" means the mechanical and/or other dissolution process that reduces human remains to bone fragments. Cremation includes the processing and usually includes the pulverization of the bone fragments.
(f) "Cremation chamber" means the enclosed space within which the cremation of a dead human body is performed. Such chambers shall be used exclusively for the cremation of human remains.
(g) "Crematory" means a business premises that houses the cremation chamber and holding facility where dead human bodies are cremated. A crematory shall be maintained at a fixed and specific street address.
(h) "Crematory operator" means a person who is engaged in, conducting or holding oneself out as engaged in or conducting, the business of cremation.
(i) "Crematory operator in charge" means the licensed crematory operator who is responsible to ensure that the crematory's license is current and that the licensed crematory is in compliance with the laws and regulations of this state. Nothing in this definition shall relieve other persons involved with a cremation from complying with state and federal laws and regulations.
(j) "Dead human body" means a lifeless human body or such parts of a human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred.
(k) "Funeral director" means a person who holds a current license as a funeral director issued by the board.
(l) "Funeral establishment" means a funeral establishment or branch establishment as licensed by the board.
(m) "Holding facility" means an area within or adjacent to a licensed crematory designated for the retention of dead human bodies prior to the act of cremation that shall:
(1) Comply with any applicable public health statute, regulation or ordinance;
(2) preserve the dignity of the dead human body;
(3) recognize the integrity, health and safety of the crematory's personnel operating the crematory; and
(4) be secure from access by anyone other than authorized personnel.
(n) "Potentially hazardous implant" means any device previously placed within the now deceased human body that would result in potential harm or damage at any time during the cremation process.
(o) "Temporary container" means a receptacle for cremated remains, usually composed of cardboard, plastic or similar material, that can be closed in a manner that prevents the leakage or spillage of the cremated remains or the entrance of foreign material, and is a single container of sufficient size to hold the cremated remains.
(p) "Urn" means a receptacle designed to encase the cremated remains.
History: L. 2001, ch. 183, § 1; L. 2010, ch. 131, § 8; July 1, 2011.
§ 65-1761 Licensure of crematory; requirements of crematory and holding facility
(a) No person shall operate a crematory to cremate a dead human body or cause any dead human body to be cremated unless the crematory is licensed under this act.
(b) Any building used as a crematory shall comply with all applicable local and state building codes, zoning laws, ordinances and environmental standards. A crematory shall have, on site, a motorized mechanical device for processing cremated remains either in the building or adjacent to it and a holding facility for the retention of dead human bodies awaiting cremation. The holding facility shall be secure from access by anyone except authorized personnel of the crematory, shall preserve the dignity of the dead human bodies and shall protect the health and safety of the crematory personnel.
(c) All applications for licensure as a crematory shall be on forms furnished and prescribed by the state board of mortuary arts.
History: L. 2001, ch. 183, § 2; January 1, 2002.
§ 65-1762 Supervision; crematory operator license requirement; cremation requirements; authorization form and coroner's permit
(a) The licensed crematory operator in charge shall supervise the licensed crematory on a full-time or a part-time basis and perform such other duties relating to the supervision of a licensed crematory as prescribed by the board by rules and regulations. The crematory operator in charge of a licensed crematory shall hold a Kansas crematory operator's license. Additionally, a crematory operator in charge shall hold a funeral director's license unless the crematory only receives dead human bodies for cremation through licensed funeral establishments or branch funeral establishments.
(b) Only licensed crematory operators may perform cremation.
(c) No crematory operator or crematory operator in charge shall cremate or cause to be cremated any dead human body until it has received:
(1) A cremation authorization form signed by an authorizing agent. The written authorization shall include:
(A) The identity of the dead human body and the time and date of death;
(B) the name of the funeral director or assistant funeral director and the funeral establishment or branch establishment, or the authorizing agent, that obtained the cremation authorization;
(C) notification as to whether the cause of death occurred from a disease declared by the department of health and environment to be infectious, contagious, communicable or dangerous to the public health;
(D) the name of the authorizing agent and the relationship between the authorizing agent and the decedent;
(E) authorization for the crematory to cremate the dead human body;
(F) a representation that the dead human body does not contain a pacemaker or any other material or implant that may be potentially hazardous or cause damage to the cremation chamber or the person performing the cremation;
(G) the name of the person authorized to receive the cremated remains from the crematory; and
(H) the signature of the authorizing agent, attesting to the accuracy of all representations contained on the cremation authorization form; and
(2) a completed and executed coroner's permit to cremate, if required by K.S.A. 65-2426a, and amendments thereto, indicating that the dead human body is to be cremated.
History: L. 2001, ch. 183, § 3; L. 2004, ch. 43, § 1; L. 2010, ch. 131, § 9; L. 2021, ch. 59, § 2; July 1.
§ 65-1763 Removal of pacemakers and hazardous implants; procedural requirements for holding of and cremation of a dead human body, prohibitions, packaging of cremated remains; simultaneous cremations
(a) No body shall be cremated with a pacemaker or other potentially hazardous implant in place. The authorizing agent for the cremation of the dead human body shall be responsible for informing the licensed funeral director, assistant funeral director, embalmer, crematory operator or crematory operator in charge about a known pacemaker or other potentially hazardous implant. The authorizing agent shall be responsible for ensuring that any known pacemaker or hazardous implant is removed before delivery of the dead human body to the crematory. Bodies with pacemakers or hazardous implants in the custody of a crematory operator shall have any pacemaker or hazardous implant removed by an embalmer at a funeral establishment or branch establishment with an embalming preparation room unless the removal is to take place at a medical facility by the appropriate medical personnel.
(b) A crematory shall hold dead human bodies, prior to their cremation, according to the following provisions of this subsection:
(1) Whenever a crematory is unable to cremate the dead human body immediately upon taking custody thereof, the crematory operator in charge shall place the dead human body in a refrigeration facility at 40 degrees fahrenheit or less, unless the dead human body has been embalmed, or shall store the dead human body in a cremation container at a funeral establishment or branch establishment with a preparation room or holding facility approved by the board; and
(2) a crematory operator or crematory operator in charge shall not be required to accept for holding a cremation container from which there is any evidence of leakage of body fluids from the dead human body therein.
(c) No unauthorized person as determined by the crematory operator in charge of the crematory shall be permitted in the crematory area while any dead human body is in the crematory area awaiting cremation, being cremated or being removed from the cremation chamber.
(d) The simultaneous cremation of more than one dead human body within the same cremation chamber is prohibited without specific written authorization to do so from all authorizing agents for the dead human bodies to be so cremated. Such written authorization shall exempt the crematory operator and crematory operator in charge from all liability for the comingling of the cremated remains during the cremation process.
(e) The crematory shall maintain an identification system that will insure that the cremated remains can be identified, as indicated on the cremation authorization form, throughout all phases of the cremation process.
(f) Upon completion of the cremation, and insofar as practicable, all of the recoverable residue of the cremation process shall be removed from the cremation chamber. If possible, the noncombustible materials or items shall be separated from the cremated remains and disposed of, in a lawful manner, by the crematory. The cremated remains shall be reduced by motorized mechanical device to granulated appearance appropriate for final disposition.
(g) Cremated remains shall be packed as follows:
(1) The cremated remains with proper identification shall be placed in a temporary container or urn, unless specific written authorization has been received from the authorizing agent or as provided in paragraph (2) of this subsection. The temporary container or urn contents shall be packed with clean packing materials;
(2) if the cremated remains will not fit within the dimensions of a temporary container or urn, the remainder of the cremated remains shall be returned to the authorizing agent or its representative in a separate container attached to the first container or urn identifying such containers as belonging together;
(3) when a temporary container is used to return the cremated remains, that container shall be, at a minimum, a cardboard box with all seams taped closed to increase the security and integrity of that container. The outside of the container shall be clearly identified with the name of the crematory and an indication that the container is a temporary container; and
(4) if the cremated remains are to be shipped, the temporary container or designated receptacle ordered by the authorizing agent shall be securely packed in a suitable, sturdy, non-fragile container and sealed properly. Cremated remains shall be shipped only by a method which has an internal tracing system available and which provides a receipt signed by the person accepting delivery.
History: L. 2001, ch. 183, § 4; L. 2010, ch. 131, § 10; July 1, 2011.
§ 65-1764 Effect of authorizing agent's representations; liability regarding the refusal to accept a dead human body; to cremate a dead human body or the authorized cremation of a dead human body
(a) An authorizing agent signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth in such cremation authorization form, including the identity of the deceased whose remains are sought to be cremated and such authorization agent's authority to order such cremation. Any person signing a cremation authorization form as an authorizing agent shall be personally and individually liable for all damage occasioned thereby and resulting therefrom. A crematory operator, crematory operator in charge, embalmer, assistant funeral director or a funeral director may rely upon the representations of the authorizing agent in the cremation authorization form.
(b) A funeral director, assistant funeral director or crematory operator in charge shall have the authority to arrange the cremation of a dead human body upon the receipt of a cremation authorization form signed by an authorizing agent. A funeral director, assistant funeral director, embalmer, crematory operator or crematory operator in charge who pursuant to a cremation authorization arranges a cremation, cremates a dead human body then releases or disposes of the cremated remains shall not be liable for such acts.
(c) A funeral director, assistant funeral director, crematory operator or crematory operator in charge who refuses to arrange a cremation, to accept a dead human body or to perform a cremation shall not be liable for refusing to arrange, to accept the dead human body or to perform the cremation until they receive a court order or other suitable confirmation that the cause of the refusal has been settled. Circumstances causing such a refusal may include:
(1) Awareness of a dispute concerning the cremation of the dead human body; or
(2) a reasonable basis for questioning any of the representations made by the authorizing agent; or
(3) any other lawful reason.
History: L. 2001, ch. 183, § 5; L. 2010, ch. 131, § 11; July 1, 2011.
§ 65-1765 Failure to remove pacemaker or hazardous implants; liability for damage
If an authorizing agent informs the funeral director, assistant funeral director, embalmer, crematory operator or the crematory operator in charge on the cremation authorization form of the presence of a pacemaker or hazardous implant in the dead human body such informed person shall be responsible for ensuring that all necessary steps have been taken to remove the pacemaker or hazardous implant. Should anyone who delivers a dead human body to a crematory after being informed that a pacemaker or hazardous implant is within the dead human body fail to ensure that the pacemaker or hazardous implant has been removed from the dead human body pursuant to subsection (b) of K.S.A. 65-1762, and amendments thereto, prior to delivery, and should the dead human body be cremated with the pacemaker or hazardous implant, then such individual who delivered the dead human body to the crematory shall be liable for all resulting damages.
History: L. 2001, ch. 183, § 6; L. 2010, ch. 131, § 12; July 1, 2011.
§ 65-1766 Rules and regulations; policies; licensure, revocation, suspension or denial of; penalty
(a) The state board of mortuary arts shall adopt rules and regulations for the administration and implementation of this act. Such rules and regulations shall include the conditions under which dead human bodies of persons who died from an infectious, contagious, communicable or dangerous disease can be transported from any place in the state to a crematory for the purpose of cremation; shall establish minimal standards of sanitation, required equipment and fire protection for all crematories as deemed necessary for the protection of the public.
(b) A crematory operator in charge may adopt reasonable policies, not inconsistent with this act or rules and regulations adopted by the board.
(c) The state board of mortuary arts may refuse to issue or renew a license or revoke, condition, limit, censure, fine or suspend a license for the crematory or crematory operator upon a finding that a crematory operator or the crematory operator in charge:
(1) Has maintained or operated a building or structure within the state as a crematory in violation of the provisions of this act or the rules and regulations adopted by the board of mortuary arts;
(2) has performed a cremation without a cremation authorization form signed by an authorizing agent;
(3) has made any misleading, deceptive, untrue or fraudulent statements in applying for or securing an original or renewal license;
(4) has been convicted of a felony or an offense of moral turpitude, and has not demonstrated to the board's satisfaction that such crematory operator in charge has been sufficiently rehabilitated to warrant the public trust;
(5) has violated any law, ordinance or rule and regulation affecting the handling, custody, care or transportation of dead human bodies or cremated remains;
(6) has been rendered unfit to operate a crematory by reason of illness, alcohol, chemicals or other types of substances, or as a result of any mental or physical condition;
(7) has failed or refused to properly protect or guard against contagious, communicable or infectious disease, or the spreading thereof;
(8) has or such person's agent, employee or representative has advertised, solicited or sold merchandise or services in a manner which is fraudulent, deceptive or misleading in form or content;
(9) has been found by a court of competent jurisdiction to be mentally ill, mentally disabled, not guilty by reason of insanity or incompetent to stand trial by a court of competent jurisdiction;
(10) has failed to furnish the board, its investigators or representatives, information requested by the board;
(11) has failed to report to the board any adverse action taken against the crematory operator, crematory operator in charge or the crematory by another state or licensing jurisdiction, professional association or society, governmental agency, law enforcement agency or a court;
(12) has knowingly submitted any misleading, deceptive, untrue or fraudulent representation on a claim form, bill, statement or similar information to an authorizing agent, consumer or representative of the board;
(13) has had a license to operate a crematory, crematory operator or similar license revoked or suspended, or had other action taken against oneself or had an application for a license denied by the proper licensing authority of another state, territory, District of Columbia or other country. A certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof;
(14) has aided or abetted an unlicensed person to practice any activity for which a license is required under article 17 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or supplemental thereof;
(15) has violated any rules and regulations adopted by the board or any state or federal law related to the practice of operating a crematory; or
(16) has failed to pay any fee required under this act.
(d) All administrative proceedings taken by the board pursuant to this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(e) A violation of this section or any provision of this act is hereby declared to be a class A nonperson misdemeanor.
History: L. 2001, ch. 183, § 7; L. 2010, ch. 131, § 13; July 1, 2011.
§ 65-1767 Conflicting Kansas laws; precedence of this act
This act shall take precedence over any conflicting Kansas laws, other than state environmental laws, that govern the handling and disposition of dead human bodies for cremation and cremated remains.
History: L. 2001, ch. 183, § 8; January 1, 2002.
§ 65-1768 Licensure; fees; expiration of license; exemption from licensure; unlawful operation
(a) The crematory operator in charge of a crematory, located or doing business within the state, shall apply for and obtain a crematory license from the board for each crematory.
(b) An application for a new license is required if the crematory has a change in ownership, name, location or a change in the crematory operator in charge. Such application shall be made to the board at least 30 days prior to the change of ownership, name or location or change in the crematory operator in charge.
(c) The crematory license fee and crematory license renewal fee shall be fixed by the board under K.S.A. 65-1727, and amendments thereto. The disposition of all funds collected under the provisions of this act shall be in accordance with the provisions of K.S.A. 65-1718, and amendments thereto.
(d) A crematory license shall expire every two years on a date established by the board. To continue operation of a crematory, a crematory operator in charge shall submit a biennial renewal application form and the crematory license renewal fee to the board before the expiration date of such license.
(e) A crematory license shall be judged delinquent on midnight of the expiration date and may only be renewed after that day by payment of a renewal fee and a reinstatement fee in an amount equal to the renewal fee.
(f) It is unlawful for any person who is not an operator in charge of a crematory or a crematory operator under this act to operate a crematory, hold oneself out as operating a crematory or engage or attempt to engage in the business of crematory operator.
(g) The Kansas university medical center shall be exempt from this statute for the purpose of cremating remains donated for dissecting, demonstrating or teaching purposes.
History: L. 2001, ch. 183, § 9; L. 2010, ch. 131, § 14; July 1, 2011.
§ 65-1769 Crematory operator
On and after July 1, 2011, a crematory operator shall, in connection with such person's licensed crematory, use the words "crematory operator" or any other title implying that such person is engaged in the business of cremation.
History: L. 2010, ch. 131, § 1; July 1.
§ 65-1770 Cremations; conducted by whom and where
On and after July 1, 2011, every cremation conducted in this state shall be under the personal supervision of a licensed crematory operator or crematory operator in charge with all cremations performed at a licensed crematory.
History: L. 2010, ch. 131, § 2; July 1.
§ 65-1771 Licensure of crematory operator; application; qualifications
(a) On and after July 1, 2011, it shall be unlawful for any person to engage in or attempt to engage in the business of a crematory operator in this state without a crematory operator's license issued by the state board of mortuary arts.
(b) On and after July 1, 2011, every person desiring to enter the practice of a crematory operator shall make written application to the board on forms as prescribed by the board. The application shall show that the applicant is of legal age, has successfully completed training in performing cremation services and received certification by an organization whose program with a minimum of six hours has been approved by the board within twelve months of the board's approval of application. If the applicant has not received such training when applying to the board, they must have received training from another person who has already received such training. That training must also be a minimum of six hours with the trainer and program approved by the board. At the end of one year of licensure as a crematory operator if the individual has not received training from an organization of an approved program as previously described, the crematory operator's license will be automatically suspended until such time as approved training has been completed.
History: L. 2010, ch. 131, § 3; July 1.
§ 65-1772 Same; renewal; reinstatement; rules and regulations
(a) The renewal fee for a crematory operator's license shall be in the amount fixed by the state board of mortuary arts in accordance with the provisions of K.S.A. 65-1727, and amendments thereto. The fee shall be due and payable to the secretary of the board prior to the expiration date of the license. The secretary of the board shall mail a notice of the expiration date of each license and of the renewal fee at least 30 days prior to the date of expiration to the last known address of each licensee. If the licensee fails to pay such renewal fee within the time specified, the license shall automatically lapse, and the licensee shall be denied the right to practice cremation in this state during such lapse.
(b) The board may reinstate such lapsed license upon the payment of the fee in arrears, plus an additional reinstatement fee in the amount equal to the renewal fee, if such lapse is not over six months in duration.
(c) Any person who fails to reinstate a lapsed license within six months after the lapse of such license may apply for relicensure by making application on a form provided by the board. Relicensure shall be granted upon receipt of proof that the applicant meets qualifications to act as a licensed crematory operator, has satisfied all of the requirements for renewal established by law and has paid the board back renewal fees as established by the board by rules and regulations.
(d) The expiration date of each license shall be established by rules and regulations of the board. Subject to the provisions of this subsection, each license shall be renewed on a biennial basis upon the filing of a renewal application prior to the expiration date of the license and upon payment of the renewal fee established pursuant to K.S.A. 65-1727, and amendments thereto. To provide for a system of biennial renewal of licenses, the board may provide by rules and regulations that licenses issued or renewed for the first time after the effective date of this act may expire less than two years from the date of issuance or renewal. In each case in which a license is issued or renewed for a period of time of less than two years, the board shall prorate to the nearest whole month the license or renewal fee established pursuant to K.S.A. 65-1727, and amendments thereto.
(e) Every licensed crematory operator in Kansas shall submit with the renewal application and renewal fee evidence of satisfactory completion of a program of continuing education required and approved by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing education.
(f) This section shall take effect on and after July 1, 2011.
History: L. 2010, ch. 131, § 4; July 1.
§ 65-1773 Crematory; recycling materials; requirements
(a) Any intent of the crematory to recycle metallic remnants, prosthetic implants or anything else remaining after cremation or removed prior to cremation requires consent from the legal next of kin of the deceased as defined in K.S.A. 65-1734, and amendments thereto.
(b) Any such recycling must be in compliance with state and federal laws.
(c) This section shall take effect on and after July 1, 2011.
History: L. 2010, ch. 131, § 5; July 1.
§ 65-1774 Rules and regulations
The board shall prepare proposed rules and regulations the board deems necessary to carry out the provisions of K.S.A. 65-1769 through 65-1773, and amendments thereto, on or before January 1, 2011. The board shall adopt such rules and regulations to be effective on or after July 1, 2011.
History: L. 2010, ch. 131, § 6; July 1.
Article 18 Examination, Registration and Regulation of Barbers
§ 65-1801 Repealed
History: L. 1913, ch. 292, § 1; R.S. 1923, 65-1801; Repealed, L. 1939, ch. 241, § 20; July 1.
§ 65-1802 Repealed
History: L. 1913, ch. 292, § 6; R.S. 1923, 65-1802; Repealed, L. 1939, ch. 241, § 20; July 1.
§ 65-1803 Repealed
History: L. 1913, ch. 292, § 7; R.S. 1923, 65-1803; L. 1927, ch. 244, § 1; L. 1933, ch. 224, § 1; Repealed, L. 1939, ch. 241, § 20; July 1.
§ 65-1804 Repealed
History: L. 1913, ch. 292, § 8; R.S. 1923, 65-1804; L. 1927, ch. 244, § 2; L. 1933, ch. 224, § 2; Repealed, L. 1939, ch. 241, § 20; July 1.
§ 65-1805 Repealed
History: L. 1913, ch. 292, § 9; R.S. 1923, 65-1805; Repealed, L. 1939, ch. 241, § 20; July 1.
§ 65-1806 Repealed
History: L. 1913, ch. 292, § 10; R.S. 1923, 65-1806; L. 1927, ch. 244, § 3; Repealed, L. 1939, ch. 241, § 20; July 1.
§ 65-1807 Repealed
History: L. 1913, ch. 292, § 11; R.S. 1923, 65-1807; Repealed, L. 1939, ch. 241, § 20; July 1.
§ 65-1808 Practice of barbering regulated by act
It is unlawful for any person to engage in barbering for hire in this state, to operate a barber shop, barber school or barber college, to employ any person to engage in the practice of barbering as defined in K.S.A. 65-1809 and amendments thereto, except in conformity with the provisions of this act.
History: L. 1939, ch. 241, § 1; L. 1970, ch. 255, § 1; L. 1981, ch. 248, § 1; July 1.
§ 65-1809 Definitions
As used in this act:
(a) "Board" means the Kansas board of barbering;
(b) "administrative officer" means the administrative officer of the board;
(c) "license" means a license entitling the person to whom issued to practice barbering, or to operate a barber school, barber college or barber shop;
(d) "barber shop" means any place, shop or establishment, wherein the practice of barbering is engaged in or carried on;
(e) "barber school" or "barber college" means any place or establishment wherein the practice, fundamentals, theories or practical applications of barbering are taught;
(f) "barbering" means any one or any combinations of the following practices (when done upon the upper part of the human body for cosmetic purposes and not for the purpose of diseases or physical or mental ailments, and when done for payment, either directly or indirectly, or without payment, for the public generally, upon male or female): Shaving or trimming the beard or cutting the hair; giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances, singeing, shampooing or dyeing, arranging, perming or waving the hair, or applying tonics; applying cosmetic preparations, antiseptic powders, oils, clays, or lotions to the scalp, face, neck or upper part of the body.
History: L. 1939, ch. 241, § 2; L. 1990, ch. 225, § 2; July 1.
§ 65-1810 Barber schools and colleges; approval by board; requirements; students, application, fees, license; unlawful acts
(a) No barber school or barber college shall be approved by the board unless:
(1) The school or college requires, as a prerequisite to graduation, a course of instruction of not less than 1,200 hours and not more than 1,500 hours, as prescribed in rules and regulations by the board, to be completed within 18 months of not more than eight hours in any one working day;
(2) the course of instruction required by the school or college includes scientific fundamentals of barbering; hygiene; histology of the hair and skin; structure of the head, face and neck; elementary chemistry relating to sterilization and antiseptics; massages and manipulations of the muscles of the scalp, skin and neck; cutting, shaving, arranging, perming, waving, curling, coloring, bleaching, tinting and dyeing the hair; and barbering practices for all major ethnic groups residing in the state;
(3) all instructors of the school or college have been licensed practicing barbers and hold instructors licenses; and
(4) no practice or policy of discrimination is in effect against applicants for admission to the school or college by reason of race, religion, color, national origin or ancestry.
(b) An instructor's license shall be granted by the board only after the applicant has passed a two-part examination, prescribed by the board for such purpose, with a grade of not less than 75% on each part of the examination, and has paid the prescribed fee for such examination.
(c) Every barber school and every barber college shall designate to the public that it is a barber school or barber college by posting a sign on the front window or entrance with letters not less than six inches in height.
(d) No barber school or barber college shall enroll or admit any student unless such student shall make and file in duplicate an application upon a form prescribed and furnished by the board. One copy of such application shall be retained by the school or college, and the school or college shall file the other with the board. Upon enrollment, a student shall pay to the board the fee prescribed for a student learning license. Such license shall be used by the student while enrolled in the school or college and shall be placed next to or near the working area of the student.
(e) Barber schools or barber colleges may design courses of study for barbers who have not renewed their licenses for a period of at least three years, for students who have failed at least two examinations conducted by the board to determine fitness to practice barbering or for other purposes as prescribed by the board, including courses of study for professionals in related industries.
(f) It shall be unlawful for any person, firm or corporation to operate a barber school or barber college without first obtaining a license from the board, fully complying with the provisions of this act and paying an annual fee for operation.
History: L. 1939, ch. 241, § 3; L. 1961, ch. 288, § 1; L. 1965, ch. 380, § 1; L. 1970, ch. 255, § 2; L. 1980, ch. 190, § 1; L. 1982, ch. 265, § 1; L. 1988, ch. 249, § 1; L. 1990, ch. 225, § 3; L. 2016, ch. 91, § 3; July 1.
§ 65-1811 Repealed
History: L. 1939, ch. 241, § 4; L. 1961, ch. 288, § 2; L. 1970, ch. 255, § 3; L. 1976, ch. 272, § 1; L. 1980, ch. 190, § 2; Repealed, L. 1981, ch. 248, § 9; July 1.
§ 65-1812 Qualifications for licensure as a barber; temporary license
(a) Any person shall be qualified to receive a license to practice barbering if such person:
(1) Is at least 16 years of age and of good moral character and temperate habits;
(2) has graduated from a high school accredited by the appropriate accrediting agency or has otherwise obtained the equivalent of a high school education;
(3) is a graduate of a barber school or barber college approved by the board or has satisfactorily completed the barber course at an institution under the control of the secretary of corrections or the disciplinary barracks at Fort Leavenworth or has been certified in a related industry, such as barbering in any branch of the United States military service, and has completed a course of study in a licensed Kansas barber college or barber school as prescribed by the board under K.S.A.
65-1810(e), and amendments thereto, or has been a cosmetologist licensed by the Kansas board of cosmetology and has completed a course of study in a licensed Kansas barber college or barber school as prescribed by the board under K.S.A.
65-1810(e), and amendments thereto; and
(4) has paid an examination fee and has passed the examination conducted by the board to determine the fitness of such person to practice barbering.
(b) Any person who fails to pass an examination conducted by the board to determine such person's fitness to practice barbering shall be entitled to take the next examination conducted by the board.
(c) The board may issue a temporary license to practice barbering to any person who has graduated from an approved barber school or barber college and who makes application to take the next examination for licensure to practice barbering. Such license shall be effective only until the results of the examination are announced. No more than three temporary licenses shall be issued to any one person.
History: L. 1939, ch. 241, § 5; L. 1965, ch. 380, § 2; L. 1970, ch. 255, § 4; L. 1976, ch. 272, § 3; L. 1978, ch. 244, § 1; L. 1980, ch. 190, § 3; L. 1981, ch. 248, § 2; L. 1982, ch. 265, § 2; L. 1990, ch. 225, § 4; L. 1990, ch. 309, § 36; L. 2016, ch. 91, § 4; July 1.
§ 65-1813 Same; persons authorized to practice outside state; examination exemption, conditions; reciprocity
(a) The board may issue, without examination, a license to practice barbering to any person who pays the prescribed fee and submits evidence satisfactory to the board that such person:
(1) Is at least 18 years of age;
(2) is of good moral character and temperate habits; and
(3) is legally authorized to practice barbering in another state, territory or country which has substantially the same requirements for authorization to practice as required for licensure under this act and which grants reciprocal authorization to barbers licensed in this state as required by subsection (b).
(b) A license shall be issued pursuant to this section only if the state, territory or country in which the person is authorized to practice barbering grants, under like conditions and without examination, reciprocal authorization to barbers licensed in this state.
(c) No license shall be issued to any person without examination unless such person meets all requirements of this section.
History: L. 1939, ch. 241, § 6; L. 1980, ch. 190, § 4; L. 1982, ch. 265, § 3; L. 1990, ch. 225, § 5; July 1.
§ 65-1814 Application
Any person who desires to practice barbering shall file with the board a written application on a form prescribed by the board.
History: L. 1939, ch. 241, § 7; L. 1961, ch. 288, § 3; L. 1974, ch. 253, § 3; L. 1976, ch. 272, § 2; L. 1981, ch. 248, § 3; L. 1982, ch. 265, § 4; April 29.
§ 65-1815 Examinations for licensure; times, places, content and required grade; reexamination; applications; seminar permits
The board shall conduct examinations for applicants for licensure to practice barbering at such times and places as the board shall determine; but examinations shall be given not less than twice in each year. Such examination shall include both a practical demonstration and a written test of the applicant's knowledge of hygiene and the fundamentals of the vocation. A license to practice shall be issued each applicant who shall satisfactorily pass both the practical demonstration and the written test with a grade of not less than 80%, and shall possess the other qualifications required by law. The board shall allow an applicant who fails one part of the examination to be reexamined only on that part which was failed. Each application to practice shall contain, in addition to any other information required by the board or by law, the name, address, social security number, height, weight and age of the applicant to whom issued. The board may issue seminar permits to barbers and teachers holding valid licenses from Kansas or any other state or country, to teach and demonstrate the art of advanced barbering. Such seminar permit shall be restricted to prescribed dates and places, but in no instance shall it be valid for more than five days. No such seminar permit shall be required of any barber or teacher demonstrating the art of advanced barbering at no cost to those viewing such demonstration.
History: L. 1939, ch. 241, § 8; L. 1961, ch. 288, § 4; L. 1974, ch. 253, § 1; L. 1981, ch. 248, § 4; L. 1982, ch. 265, § 5; L. 1990, ch. 225, § 6; July 1.
§ 65-1816 Exemptions
The following persons are exempt from the provisions of this act, while in the discharge of their professional duties: (a) Persons licensed by the law of this state to practice medicine and surgery or chiropractic; (b) commissioned medical or surgical officers of the United States army, navy or marine hospital service; (c) registered nurses; (d) undertakers and morticians; and licensed cosmetologists and apprentices.
History: L. 1939, ch. 241, § 9; July 1.
§ 65-1817 Fees; determination and collection; limitations; duplicate licenses
(a) In each fiscal year, the board shall determine the amount of funds which will be required during the next ensuing fiscal year to properly administer the laws which the board is directed to enforce and administer and shall fix fees in accordance with this section for such ensuing year in such reasonable sums as may be necessary for such purposes.
(b) After fixing such fees, the board may charge and collect the fees, in advance for the following purposes, subject to the following limitations:
- For examination of applicant to practice barbering—not more than$100
- For issuance of license to practice barbering—not more than80
- For renewal of license to practice barbering—not more than80
- For restoration of expired license to practice barbering, if expiration period is under
- three years, the lapsed fees plus a restoration fee of not more than100
- After three years applicant shall be reexamined upon payment of the regular examination
- fee—not more than100
- For instructors license or annual renewal thereof—not more than90
- For restoration of expired instructors license, if expiration period is under three
- years, the lapsed fees plus a restoration fee of not more than90
- After three years the instructor shall be reexamined upon payment of the regular examination
- fee—not more than170
- For a license to operate a barber school or barber college, annual
- fee—not more than500
- For shop inspection, and annual license fee—not more than40
- For restoration of expired shop license, if expiration period is under three years, the
- lapsed fee plus a restoration fee of not more than80
- For a new shop, relocation or change of ownership—not more than80
- For issuance of a seminar permit—not more than80
- For issuance of student learning license—not more than55
(c) A duplicate license will be issued upon the filing of a statement covering the loss of same and the payment of a fee of $5 for the issuance of same. Each duplicate shall have the word "duplicate" stamped across the face thereof and will bear the same number as the original.
History: L. 1939, ch. 241, § 10; L. 1949, ch. 333, § 1; L. 1956, ch. 52, § 11; L. 1957, ch. 431, § 8; L. 1958, ch. 53, § 1 (Budget Session); L. 1961, ch. 288, § 5; L. 1963, ch. 398, § 12; L. 1970, ch. 255, § 5; L. 1973, ch. 309, § 18; L. 1974, ch. 253, § 2; L. 1975, ch. 321, § 1; L. 1980, ch. 191, § 1; L. 1981, ch. 248, § 5; L. 1982, ch. 265, § 6; L. 1990, ch. 225, § 7; L. 2003, ch. 36, § 1; July 1.
§ 65-1817a Disposition of moneys; board of barbering fee fund
The board shall remit all moneys received by or for it 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the board of barbering fee fund. All expenditures from such 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 chairperson of the board or by a person or persons designated by the chairperson.
History: L. 1973, ch. 309, § 19; L. 1990, ch. 225, § 8; L. 2001, ch. 5, § 231; L. 2011, ch. 53, § 29; July 1.
§ 65-1818 Display of license
Every holder of a license to practice barbering shall display such license in a conspicuous place next to or near the holder's work chair.
History: L. 1939, ch. 241, § 11; L. 1990, ch. 225, § 9; L. 1992, ch. 112, § 1; July 1.
§ 65-1819 Renewal of license; annual requirement; expiration dates; fees prorated, when; restoration of license
(a) Every licensed barber, instructor, operator of a barber shop and operator of a barber school or barber college shall annually renew the license and pay the required fee. The expiration date of each license which is issued, restored or renewed by the board shall be established by rules and regulations of the board so that licenses are renewed by the board throughout the year on a continuing basis. In each case in which a license is issued, restored or renewed for a period of time of less than one year, the board may prorate the amount of the fee established under K.S.A. 65-1817, and amendments thereto.
(b) A barber, instructor or operator of a barber shop whose license has been expired for a period of less than three years may have the license renewed upon filing with the board a renewal application and payment of the required restoration fee. Any barber, instructor or operator of a barber shop whose license has been expired for a period of three or more years may renew the license by filing with the board an application for reexamination, successfully completing such reexamination by the board and paying the required examination and license fees. Upon receipt of such application, payment of fees and passage of reexamination, if applicable, the board may grant a new license according to the provisions of K.S.A.
65-1820a, and amendments thereto.
History: L. 1939, ch. 241, § 12; L. 1961, ch. 288, § 6; L. 1978, ch. 245, § 1; L. 1981, ch. 248, § 6; L. 1990, ch. 225, § 10; L. 1992, ch. 112, § 2; L. 2016, ch. 91, § 5; July 1.
§ 65-1820 Repealed
History: L. 1939, ch. 241, § 13; L. 1970, ch. 255, § 6; L. 1981, ch. 248, § 7; L. 1982, ch. 265, § 7; L. 1984, ch. 313, § 112; L. 1989, ch. 195, § 2; Repealed, L. 1991, ch. 191, § 4; July 1.
§ 65-1820a Nonissuance, nonrenewal, suspension or revocation of license; grounds; board orders requiring remediation of violations
(a) The board may censure, limit, condition, suspend, revoke or refuse to issue, reinstate or renew a license of any applicant or licensee upon proof that the applicant or licensee:
(1) Has committed malpractice or incompetency;
(2) has become afflicted with an infectious or communicable disease;
(3) has advertised by knowingly false or deceptive statements;
(4) has advertised, practiced or attempted to practice under a trade name other than one's own;
(5) is unable to practice barbering with skill and safety due to current abuse of drugs or alcohol;
(6) has committed unprofessional conduct as defined in rules and regulations adopted by the board;
(7) has obtained or attempted to obtain a license for money other than the required fee, or for any other thing of value or by fraudulent misrepresentations;
(8) has willfully failed to display a license to practice barbering as required by K.S.A.
65-1818, and amendments thereto;
(9) has practiced or attempted to practice barbering by fraudulent misrepresentations;
(10) has violated any of the sanitation standards adopted by the secretary of health and environment pursuant to K.S.A.
65-1,148, and amendments thereto, for the regulation of barber shops, barber schools and barber colleges;
(11) has violated any lawful rules and regulations of the board concerning the operation or management of a barber shop, barber school or barber college; or
(12) has been convicted of any felony offense or misdemeanor offense of a crime against persons or involving illegal drugs as determined by the board in rules and regulations, and the licensee or applicant for a license is unable to demonstrate to the board's satisfaction that such person has been sufficiently rehabilitated to warrant the public trust.
(b) The board, in lieu of or addition to any other penalty prescribed under the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, may assess a civil fine against a licensee for a violation of the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, in an amount not to exceed $1,000.
(c) In all matters pending before the board, the board shall have the power to revoke the license of any licensee who voluntarily surrenders such person's or entity's license pending investigation of misconduct or while charges of misconduct against the licensee are pending or anticipated.
(d) All proceedings under the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be in accordance with the Kansas judicial review act.
History: L. 1939, ch. 241, § 13; L. 1970, ch. 255, § 6; L. 1981, ch. 248, § 7; L. 1982, ch. 265, § 7; L. 1984, ch. 313, § 112; L. 1990, ch. 225, § 11; L. 1991, ch. 191, § 1; L. 1992, ch. 112, § 3; L. 2016, ch. 91, § 6; July 1.
§ 65-1821 Same; reinstatement
When a license has been refused, suspended or revoked, the person aggrieved thereby may apply for reinstatement, and such reinstatement shall be granted by the board upon showing that the reason therefor no longer exists.
History: L. 1939, ch. 241, § 14; L. 1988, ch. 356, § 200; L. 1990, ch. 225, § 12; L. 1992, ch. 112, § 4; July 1.
§ 65-1822 Unlawful acts; penalties
Each of the following constitutes a misdemeanor punishable upon conviction by a fine of not less than $10 and not more than $100: (a) The violation of any of the provisions of this act; (b) obtaining or attempting to obtain a license for any other than the required fee, or for any other thing of value or by fraudulent misrepresentations; (c) practicing or attempting to practice by fraudulent misrepresentations.
History: L. 1939, ch. 241, § 15; L. 1990, ch. 225, § 13; July 1.
§ 65-1823 Repealed
History: L. 1941, ch. 298, § 1; L. 1990, ch. 225, § 14; Repealed, L. 1992, ch. 112, § 8; July 1.
§ 65-1824 Powers of board
The board is hereby authorized, empowered, and directed to administer and enforce the provisions of this act and the board is hereby granted such specific powers as are necessary for the purpose of administering and enforcing the same. In addition thereto, the board shall have power:
(a) To supervise and regulate the barbering industry in this state. Nothing contained in this act shall be construed to abrogate, affect the status, force or operation of any provision of the general laws of this state relating to public health or any lawful rule, regulation or order promulgated thereunder, the law regulating the practice of barbering or any local health ordinance or regulation.
(b) To investigate all matters pertaining to the proper supervision and control of barber shops and the practice of barbering in this state.
(c) To subpoena barber shop owners, operators, managers or employees, their books and accounts, and other persons from whom such information may be desired, to carry out the purposes and intent of this act, and may issue commissions to take depositions from witnesses absent from the state. Any member of the board may sign and issue subpoenas and administer oaths to witnesses.
(d) To act as mediator and arbitrator in any controversy or issue that may arise among or between barbers as individuals or that may arise between them as groups. Nothing herein contained shall be construed as authorizing any interference with the authority of the state department of labor or the United States department of labor.
The operation and effect of any provisions of this act which confer a general power upon the board shall not be impaired or qualified because a specific power has been granted to the board by this act.
(e) To issue a cease and desist order against any individual, operator or licensee if the board determines that such individual, operator or licensee has practiced without a valid license or engaged or attempted to engage in any act or practice in violation of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder.
(f) To make an application to any court of competent jurisdiction for an order enjoining any person who has engaged or attempted to engage in any act or practice in violation of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted thereunder. Upon a showing by the board that such person has engaged or attempted to engage in any such act or practice, an injunction, restraining order or such other order as may be appropriate shall be granted by such court without bond.
History: L. 1941, ch. 298, § 2; L. 1990, ch. 225, § 15; L. 2004, ch. 179, § 89; L. 2016, ch. 91, § 7; July 1.
§ 65-1825 Repealed
History: L. 1941, ch. 298, § 3; L. 1965, ch. 506, § 31; L. 1980, ch. 190, § 5; L. 1984, ch. 313, § 113; L. 1988, ch. 366, § 17; L. 1989, ch. 195, § 3; Repealed, L. 1991, ch. 191, § 4; July 1.
§ 65-1825a Rules and regulations; sanitation standards
(a) Except with regard to sanitation standards provided for by K.S.A. 65-1,148, and amendments thereto, the board may adopt rules and regulations necessary to carry out the provisions of this act. The rules and regulations of the board shall be posted for public inspection in the main office of the board and a certified copy thereof shall be filed in the office of the administrative officer of the board. The board may also publish such rules and regulations in publications representing the barbering industry.
(b) The board shall furnish a copy of the sanitation standards adopted pursuant to K.S.A. 65-1,148 and amendments thereto to each person to whom a license is granted and a copy shall be posted in a conspicuous place in each barber shop, barber school and barber college by the manager thereof.
History: L. 1941, ch. 298, § 3; L. 1965, ch. 506, § 31; L. 1980, ch. 190, § 5; L. 1984, ch. 313, § 113; L. 1988, ch. 366, § 17; L. 1990, ch. 225, § 16; L. 1991, ch. 191, § 2; L. 1992, ch. 112, § 5; July 1.
§ 65-1826 Investigation; fees of witnesses and officers
The practice and procedure of the board with respect to any investigation made by it under authority of this act shall be in accordance with rules and regulations adopted by the board.
Each person who serves a subpoena shall receive the same fees as a sheriff, and each witness who appears in obedience to a subpoena, shall receive for attendance the fees and mileage provided by law for witnesses in civil cases in the district courts of this state. Such fees and mileage shall be paid by the board in the same manner as other expenses are paid by the board. No witness subpoenaed at the instance of a party other than the board or one of its members, or its administrative officer, shall be entitled to fees and mileage unless the board shall certify that the witness' testimony was material to the matter investigated.
History: L. 1941, ch. 298, § 4; L. 1984, ch. 313, § 114; L. 1990, ch. 225, § 17; L. 1992, ch. 112, § 6; July 1.
§ 65-1827 Entry and inspection
Any member of the board or employee designated for the purpose, shall have access to and may enter at all reasonable hours all places where barbering is being carried on. Any member of the board or designated employee also shall have power to inspect all books, papers, records or documents in any barber shop within the state for the purpose of ascertaining facts to enable the board to administer this act.
History: L. 1941, ch. 298, § 5; July 1.
§ 65-1828 Penalty for violations; enforcement of act and sanitation standards; procedure
(a) A violation of any provision of this act, except as otherwise expressly provided by this act, is a misdemeanor punishable by a fine of not less than $25 or by imprisonment not exceeding six months, or both, and each day during which such violation continues shall be deemed a separate violation.
(b) The board may institute such actions in the courts of competent jurisdiction as may appear necessary to enforce compliance with any provision of this act.
(c) The board may obtain enforcement of its rules and regulations or any subpoena or other order of the board in accordance with the Kansas judicial review act and may obtain enforcement of any sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148 as if such standards were rules and regulations of the board.
History: L. 1941, ch. 298, § 6; L. 1989, ch. 195, § 4; L. 2010, ch. 17, § 135; July 1.
§ 65-1829 Repealed
History: L. 1941, ch. 298, § 7; L. 1984, ch. 313, § 115; Repealed, L. 1992, ch. 112, § 8; July 1.
§ 65-1830 Repealed
History: L. 1941, ch. 298, § 8; L. 1970, ch. 255, § 7; Repealed, L. 1978, ch. 246, § 1; July 1.
§ 65-1831 Confidentiality of documents, records, investigative information
No member of the board, nor any officer, agent or employee thereof, shall divulge to any person, firm or corporation the contents of any document, paper or record, examined in the performance of duties hereunder, or any information obtained in the course of any investigation, except as may be required to carry out the purpose of this act.
History: L. 1941, ch. 298, § 9; L. 1990, ch. 225, § 18; July 1.
§ 65-1832 Performance of duties by board; additional compensation prohibited
The members of the board shall not be entitled to additional compensation for the performance of duties required of them by this act.
History: L. 1941, ch. 298, § 10; L. 1973, ch. 309, § 20; L. 1990, ch. 225, § 19; July 1.
§ 65-1833 Declaration of legislative intent
The legislature hereby declares that this act is necessary to protect the public welfare, public health and public safety and that this act is enacted in the exercise of the police power of the state.
History: L. 1941, ch. 298, § 11; July 1.
§ 65-1834 Constitutionality
If any part or parts of this act shall be held to be unconstitutional by any court, it shall be conclusively presumed that the legislature would have passed this act without such invalid part or parts.
History: L. 1941, ch. 298, § 12; July 1.
§ 65-1835 Licensing barbershops; fees; compliance with sanitary standards required
The board shall license barber shops and shall issue licenses therefor upon payment of the prescribed fees, if the board finds the barber shop to be in compliance with its rules and regulations and the sanitation standards prescribed pursuant to K.S.A. 65-1,148 and amendments thereto.
History: L. 1992, ch. 112, § 7; July 1.
Article 19 Licensure of Entities by State Board of Cosmetology
§ 65-1901 Definitions
As used in K.S.A. 65-1901 through 65-1912, and amendments thereto:
(a) "Apprentice" means any person engaged in learning the practice of cosmetology, nail technology, esthetics or electrology in a school of cosmetology, nail technology, esthetics or electrology licensed by the board, except until such time as an electrology school is established in this state apprenticing of electrology will be subject to approval by the board in a clinic or establishment.
(b) "Board" means the state board of cosmetology.
(c) "Cosmetologist" means any person, other than a manicurist or esthetician, who practices the profession of cosmetology for compensation.
(d) (1) "Cosmetology" means the profession of:
(A) Arranging, dressing, permanently curling, curling, waving, cleansing, temporarily or permanently coloring, bleaching, relaxing, conditioning or cutting the hair;
(B) cleansing, stimulating or performing any other noninvasive beautifying process on any skin surface by means of hands or mechanical or electrical appliances, other than electric needles, provided for esthetic rather than medical purposes;
(C) temporary hair removal from the face or any part of the body by use of the hands or mechanical or electrical appliances other than electric needles;
(D) using cosmetic preparations, antiseptics, lotions, creams or other preparations in performing any of the practices described in paragraphs (A), (B) and (C) of this subsection (d)(1); or
(E) manicuring, pedicuring or sculpturing nails.
(2) "Cosmetology" does not include:
(A) A service that results in tension on hair strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or mechanical device so long as the service does not include the application of dyes, reactive chemicals or other preparations to alter the color of the hair or to straighten, curl or alter the structure of the hair and so long as the requirements of K.S.A. 65-1928, and amendments thereto, are met. Nothing in this paragraph shall be construed to preclude a licensed cosmetologist from performing the service described in this paragraph; or
(B) threading, so long as the requirements of K.S.A. 65-1928, and amendments thereto, are met. Nothing in this paragraph shall be construed to preclude a licensed cosmetologist or esthetician from performing threading.
(e) "Electrologist" means any person who, for compensation, removes hair from, or destroys hair on, the human body for beautification by use of an electric needle only.
(f) "Esthetician" means any person who, for compensation practices the profession of cosmetology only to the following extent:
(1) Eyebrow and eyelash services, cleansing, stimulating or performing any other noninvasive beautifying process on any skin surface by means of hands or mechanical or electrical appliances, other than electric needles, provided for esthetic rather than medical purposes;
(2) temporary hair removal from the face or any part of the body by use of the hands or mechanical or electrical appliances other than electric needles; or
(3) using cosmetic preparations, antiseptics, lotions, creams or other preparations in performing any of the practices described in this subsection.
(g) "Instructor-in-training" means a licensed cosmetologist who has met the board's training requirements for obtaining an instructor-in-training permit.
(h) "Manicurist" means any person who, for compensation practices the profession of cosmetology only to the extent of:
(1) Nail technology;
(2) cleansing, stimulating or performing similar work on the arms, hands or ankles and feet by means of hands or mechanical or electrical appliances, other than electric needles; or
(3) using cosmetic preparations, antiseptics, lotions, creams or other preparations in performing any practice described in paragraph (2).
(i) "Nail technology" means manicuring, pedicuring and sculpturing nails.
(j) "Person" means any individual, corporation, partnership, association or other entity.
(k) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.
(l) "Threading" means a method of temporary hair removal from the face or the front of the neck by use of a strand of thread to pull hair from follicles. "Threading" may include the use of over-the-counter astringents, gels, powders, tweezers or scissors incidental to threading, but does not include the use of chemicals, electric needles, heat or any type of wax or the manipulation of thread using teeth.
History: L. 1927, ch. 245, § 1; L. 1943, ch. 222, § 1; L. 1975, ch. 322, § 1; L. 1983, ch. 212, § 1; L. 1984, ch. 231, § 1; L. 1987, ch. 238, § 1; L. 1992, ch. 108, § 1; L. 1995, ch. 120, § 1; L. 1998, ch. 160, § 1; L. 2000, ch. 109, § 1; L. 2002, ch. 187, § 1; L. 2008, ch. 108, § 1; L. 2022, ch. 41, § 1; July 1.
§ 65-1902 Prohibited acts; exclusions from act; license as cosmetology technician; penalties for violations
(a) Except as provided in subsection (b), no person shall:
(1) Engage in practice of cosmetology, esthetics, nail technology or electrology unless the person holds a valid license, issued by the board, to engage in that practice;
(2) engage in the practice of tattooing, cosmetic tattooing or body piercing unless the person holds a valid license, issued by the board, to engage in such practice;
(3) teach cosmetology in a licensed school unless the person holds a valid cosmetology instructor's license issued by the board;
(4) conduct a school for teaching nail technology unless the person holds a valid license, issued by the board, to conduct the school;
(5) teach nail technology in a licensed school unless the person holds a valid cosmetology or manicuring instructor's license issued by the board;
(6) conduct a school for teaching electrology unless the person holds a valid license, issued by the board, to conduct the school;
(7) teach electrology in a licensed school or clinic unless the person holds a valid electrology instructor's license issued by the board;
(8) conduct a school for teaching esthetics unless the person holds a valid license, issued by the board, to conduct the school;
(9) teach esthetics in a licensed school unless the person holds a valid cosmetology or esthetics instructor's license issued by the board;
(10) own or operate a school, salon or clinic where cosmetology, esthetics, nail technology or electrology is taught or practiced unless the person holds a valid school, salon or clinic license issued by the board;
(11) teach or practice cosmetology, esthetics, nail technology or electrology in a school, salon or clinic unless the owner or operator of the school, salon or clinic holds a valid school, salon or clinic license issued by the board; or
(12) provide a service constituting the practice of cosmetology, nail technology, esthetics or electrology by use of a medical device registered with the federal food and drug administration, or as defined in federal or state law which may be distributed only upon the order of a physician. This act does not prohibit a board of cosmetology licensee from providing services using a medical device upon the order and under the supervision of a physician and in a location maintained by the physician.
(b) The provisions of this act shall not apply to:
(1) Any person licensed as a barber or apprentice barber;
(2) any person licensed to practice medicine and surgery, chiropractic, optometry, nursing or dentistry, while engaged in that practice;
(3) any person who is a licensed physical therapist or certified physical therapist assistant while engaged in that practice; or
(4) any teacher while engaged in instructing elementary or secondary school students in the proper care of their own persons.
(c) A person holding a license as a cosmetology technician on the day immediately preceding the effective date of this act shall continue to be a licensed cosmetology technician and perform the functions of a cosmetology technician, as such term was defined immediately prior to the effective date of this act, and may renew such license subject to the payment of fees and other conditions and limitations on the renewal of licenses under article 19 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof.
(d) If the board determines that an individual has violated subsection (a), in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual or may assess such individual a fine of not to exceed $1,500, or may issue such order and assess such fine. In determining the amount of fine to be assessed, the board may consider the following factors: (1) Willfulness of the violation, (2) repetitions of the violation and (3) risk of harm to the public caused by the violation.
(e) A violation of subsection (a) of this section is a class C misdemeanor.
History: L. 1927, ch. 245, § 2; L. 1943, ch. 222, § 2; L. 1949, ch. 334, § 1; L. 1963, ch. 316, § 1; L. 1963, ch. 317, § 1; L. 1970, ch. 256, § 1; L. 1972, ch. 232, § 1; L. 1975, ch. 322, § 2; L. 1983, ch. 212, § 2; L. 1984, ch. 231, § 2; L. 1987, ch. 238, § 2; L. 1992, ch. 108, § 2; L. 1995, ch. 120, § 2; L. 1998, ch. 160, § 2; L. 2002, ch. 187, § 2; L. 2003, ch. 128, § 23; L. 2008, ch. 108, § 2; July 1.
§ 65-1903 Schools; licensure and fees; courses of instruction; instructor's license; instructor-in-training permit
(a) Licensed schools may be established and maintained in this state where the profession of cosmetology may be taught or acquired, under the following conditions and regulations:
(1) (A) Any person may apply to the board for a license for conducting a school for the teaching of the profession of cosmetology.
(B) The license shall be granted by the board upon proper and sufficient showing of competency of the applicant and assurance of compliance by the applicant with the requirements of this act, all reasonable rules and regulations adopted by the board for the proper conduct of the school and all applicable sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto.
(C) Prior to issuance of the license, the applicant shall pay to the board the nonrefundable license application fee established under K.S.A. 65-1904, and amendments thereto.
(D) School licenses shall be renewed before July 1 of each year by submitting an application and payment of the nonrefundable license renewal fee established under K.S.A. 65-1904, and amendments thereto.
(E) Any license may be renewed by the applicant within 30 days after the expiration date of the last license upon payment of a delinquent renewal fee.
(F) No license fee shall be required of schools operating under the state board of regents or any tax-supported school.
(G) Nothing in this act shall prohibit any person who is a licensed electrologist, while acting as owner and manager of the person's clinic or establishment, from teaching electrology in the regular course of the person's business, but at no time shall any clinic or establishment have more than one apprentice or charge tuition for its teaching services.
(2) (A) Each school licensed under this subsection (a) shall remain under the constant supervision of the board.
(B) Before July 1, 2009, each licensed school at all times shall employ and maintain a sufficient number of instructors, duly licensed in the practices they teach, to provide at least one instructor for every 25 students. On and after July 1, 2009, each licensed school at all times shall employ and maintain a sufficient number of instructors, duly licensed in the practices they teach, to provide at least one instructor for every 25 students on the floor where the consumer services are provided in addition to one instructor for every 25 students in the instructional classroom.
(C) One instructor in training shall count as an instructor toward to the required ratio of instructors to students.
(D) (1) Each licensed school shall provide a course of instruction and practice in preparation for the profession of cosmetology.
(2) The course of instruction and practice shall require not less than 1,500 clock hours, or a licensed school may elect to base the course of instruction and practice on credit hours.
(3) The formula for conversion from clock hour to credit hour shall be provided by a recognized accrediting body which is approved by the United States department of education for the accreditation of schools of cosmetology and the licensed school applying the credit hour conversion must be accredited through the accrediting body providing the conversion formula.
(4) The formula for conversion from clock hour to credit hour shall be subject to review by the board.
(5) Each course of instruction and practice shall include those core areas of education as determined and defined by the board.
(6) Each licensed school of cosmetology shall cover a period of not less than nine nor more than 12 months of training for full-time students.
(E) (1) In addition, the school may provide a course of instruction and practice in preparation for the profession of nail technology.
(2) The course of instruction and practice shall require not less than 350 clock hours, or a licensed school may elect to base the course of instruction and practice on credit hours.
(3) The formula for conversion from clock hour to credit hour shall be provided by a recognized accrediting body which is approved by the United States department of education for the accreditation of schools of cosmetology and the licensed school applying the credit hour conversion must be accredited through the accrediting body providing the conversion formula.
(4) The formula for conversion from clock hour to credit hour shall be subject to review by the board.
(5) Each course of instruction and practice shall include those core areas of education as determined and defined by the board.
(F) (1) Each licensed school of cosmetology may provide instruction and practice in the profession of esthetics.
(2) Before July 1, 2009, the course of instruction and practice shall require not less than 650 clock hours, or a licensed school may elect to base the course of instruction and practice on credit hours. On and after July 1, 2009, the course of instruction and practice shall require not less than 1,000 clock hours, or a licensed school may elect to base the course of instruction and practice on credit hours.
(3) The formula for conversion from clock hour to credit hour shall be provided by a recognized accrediting body which is approved by the United States department of education for the accreditation of schools of cosmetology and the licensed school applying the credit hour conversion must be accredited through the accrediting body providing the conversion formula.
(4) The formula for conversion from clock hour to credit hour shall be subject to review by the board.
(5) Each course of instruction and practice shall include those core areas of education as determined by the board.
(6) (i) Such course of training shall include the practices of cosmetology for all major ethnic groups residing in the state, and the board shall require by rules and regulations that each school shall provide instruction for part-time students who are unable to attend a full schedule of classes each week because of part-time employment; enrollment in an accredited public or private school of secondary education by a student who is pursuing a course of study leading to a diploma from such school; enrollment in a cooperative industrial training program, approved by the division of vocational education of the state department of education, by a student who is working toward an occupational objective; or the principles or tenets of the student's religion preventing full-time attendance.
(ii) Instruction of a part-time student shall be completed by the student within 18 months after the student's enrollment in the school.
(b) Any person who teaches the profession of cosmetology in a licensed school of cosmetology shall be required to obtain a cosmetology instructor's license from the board. To qualify for a cosmetology instructor's license, the applicant must: (1) Be licensed as a cosmetologist under this act; (2) either (A) have practiced as a cosmetologist for one year prior to licensure and successfully completed 300 hours of instructor training or (B) have successfully completed 450 hours of instructor training; (3) pass a cosmetology instructor exam, administered by the board or the board's designee; and (4) pay the nonrefundable instructor license application fee established by K.S.A. 65-1904, and amendments thereto. A cosmetology instructor license shall be renewed every two years by furnishing satisfactory evidence that the applicant, except the first renewal period following licensure for applicants not holding a cosmetology instructor license on the effective date of this act, has completed 20 clock hours of continuing education approved by the board in the practice of cosmetology and teaching skills and methods, and by paying the nonrefundable license renewal fee established by K.S.A. 65-1904, and amendments thereto.
(c) Licensed schools may be established and maintained in this state where nail technology may be taught or acquired, under the following conditions and regulations:
(1) (A) Any person may apply to the board for a license for conducting a school for the teaching of nail technology.
(B) The license shall be granted by the board upon proper and sufficient showing of competency of the applicant and assurance of compliance by the applicant with the requirements of this act, all reasonable rules and regulations adopted by the board for the proper conduct of the school and all applicable sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto.
(C) Prior to issuance of the license, the applicant shall pay to the board the nonrefundable license application fee established under K.S.A. 65-1904, and amendments thereto.
(D) School licenses shall be renewed before July 1 of each year by submitting an application and payment of the nonrefundable license renewal fee established under K.S.A. 65-1904, and amendments thereto.
(E) Any license may be renewed by the applicant within 30 days after the expiration date of the last license upon payment of a delinquent renewal fee.
(F) No license fee shall be required of schools operating under the state board of regents or any tax-supported school.
(2) (A) Each school licensed under this subsection (c) shall remain under the constant supervision of the board.
(B) Before July 1, 2009, each licensed school at all times shall employ and maintain a sufficient number of instructors, duly licensed in the practices they teach, to provide at least one instructor for every 25 students. On and after July 1, 2009, each licensed school at all times shall employ and maintain a sufficient number of instructors, duly licensed in the practices they teach, to provide at least one instructor for every 25 students on the floor where the consumer services are provided in addition to one instructor for every 25 students in the instructional classroom.
(C) Not more than one instructor in training shall count as an instructor toward the required ratio of instructors to students.
(D) Each licensed school shall provide a course of instruction and practice in preparation for the profession of manicurist.
(E) The course of instruction and practice shall require not less than 350 clock hours, or a licensed school may elect to base the course of instruction and practice on credit hours.
(F) The formula for conversion from clock hour to credit hour shall be provided by a recognized accrediting body which is approved by the United States department of education for the accreditation of schools of cosmetology and the licensed school applying the credit hour conversion must be accredited through the accrediting body providing the conversion formula.
(G) The formula for conversion from clock hour to credit hour shall be subject to review by the board.
(H) Each course of instruction and practice shall include those core areas of education as determined and defined by the board.
(3) (A) The board shall require by rules and regulations that each school shall provide instruction for part-time students who are unable to attend a full schedule of classes each week because of part-time employment; enrollment in an accredited public or private school of secondary education by a student who is pursuing a course of study leading to a diploma from such school; enrollment in a cooperative industrial training program, approved by the division of vocational education of the state department of education, by a student who is working toward an occupational objective; or the principles or tenets of the student's religion preventing full-time attendance.
(B) Instruction of all students shall be completed by the student within six months after the student's enrollment in the school.
(d) Any person who teaches nail technology in a licensed school of cosmetology or nail technology shall be required to obtain a manicuring instructor's license from the board, unless the person holds a valid cosmetology instructor's license issued under subsection (b). To qualify for a manicuring instructor's license, the applicant must: (1) Be licensed as a cosmetologist or manicurist under this act; (2) either (A) have practiced as a manicurist or cosmetologist for one year prior to licensure and successfully completed 300 hours of instructor training or (B) have successfully completed 450 hours of instructor training; (3) pass a manicuring instructor exam, administered by the board or the board's designee; and (4) pay a nonrefundable instructor license application fee established by K.S.A. 65-1904, and amendments thereto. A manicuring instructor license shall expire every two years and shall be renewed by furnishing satisfactory evidence that the applicant, except the first renewal period following licensure for applicants not holding a manicuring instructor license on the effective date of this act, has completed 20 clock hours of continuing education, approved by the board, in the practice of manicuring and teaching skills and methods and paying the nonrefundable license renewal fee established by K.S.A. 65-1904, and amendments thereto.
(e) Licensed schools may be established and maintained in this state where the profession of esthetics may be taught or acquired, under the following conditions and regulations:
(1) (A) Any person may apply to the board for a license for conducting a school for the teaching of the profession of esthetics.
(B) The license shall be granted by the board upon proper and sufficient showing of competency of the applicant and assurance of compliance by the applicant with the requirements of this act, all reasonable rules and regulations adopted by the board for proper conduct of the school and all applicable sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto.
(C) Prior to issuance of the license, the applicant shall pay to the board the nonrefundable license application fee established under K.S.A. 65-1904, and amendments thereto.
(D) School licenses shall be renewed before July 1 of each year by submitting an application and payment of the nonrefundable license renewal fee established under K.S.A. 65-1904, and amendments thereto.
(E) Any license may be renewed by the applicant within 30 days after the date of expiration of the last license upon payment of a delinquent renewal fee.
(F) No license fee shall be required of schools operating under the state board of regents or any tax-supported school.
(2) (A) Each school licensed under this subsection (e) shall remain under the constant supervision of the board.
(B) Before July 1, 2009, each licensed school at all times shall employ and maintain a sufficient number of instructors, duly licensed in the practices they teach, to provide at least one full-time instructor for every 25 students. On and after July 1, 2009, each licensed school at all times shall employ and maintain a sufficient number of instructors, duly licensed in the practices they teach, to provide at least one instructor for every 25 students on the floor where the consumer services are provided in addition to one instructor for every 25 students in the instructional classroom.
(C) Not more than one instructor in training shall count as an instructor toward the required ratio of instructors to students.
(D) Each licensed school shall provide a course of instruction and practice in preparation for the profession of esthetics.
(E) Before July 1, 2009, the course of instruction and practice shall require not less than 650 clock hours, or a licensed school may elect to base the course of instruction and practice on credit hours. On and after July 1, 2009, the course of instruction and practice shall require not less than 1,000 clock hours, or a licensed school may elect to base the course of instruction and practice on credit hours.
(F) The formula for conversion from clock hour to credit hour shall be provided by a recognized accrediting body which is approved by the United States department of education for the accreditation of schools of cosmetology and the licensed school applying the credit hour conversion must be accredited through the accrediting body providing the conversion formula.
(G) The formula for conversion from clock hour to credit hour shall be subject to review by the board.
(H) Each course of instruction and practice shall include those core areas of education as determined and defined by the board.
(f) Any person who teaches esthetics in a licensed school of cosmetology or esthetics shall be required to obtain an esthetics instructor's license from the board, unless the person holds a valid cosmetology instructor's license issued under subsection (b). To qualify for an esthetics instructor's license, the applicant must: (1) Be licensed as a cosmetologist or esthetician under this act; (2) either (A) have practiced as an esthetician or cosmetologist for one year prior to licensure and successfully completed 300 hours of instructor training or (B) have successfully completed 450 hours of instructor training; (3) pass an esthetician instructor exam, administered by the board or the board's designee; and (4) pay a nonrefundable license application fee established by K.S.A. 65-1904, and amendments thereto. An esthetics instructor license shall expire every two years and shall be renewed by furnishing satisfactory evidence that the applicant, except the first renewal period following licensure for applicants not holding an esthetics instructor license on the effective date of this act, has completed 20 clock hours of continuing education, approved by the board, in the practice of esthetics and teaching skills and methods and by paying the nonrefundable license renewal fee established by K.S.A. 65-1904, and amendments thereto.
(g) Licensed schools may be established and maintained in this state where the profession of electrology may be taught or acquired, under the following conditions and regulations:
(1) (A) Any person may apply to the board for a license for conducting a school for the teaching of the profession of electrology.
(B) The license shall be granted by the board upon proper and sufficient showing of competency of the applicant and assurance of compliance by the applicant with the requirements of this act, all reasonable rules and regulations adopted by the board for the proper conduct of the school and all applicable sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto.
(C) Prior to issuance of the license, the applicant shall pay to the board the nonrefundable license application fee established under K.S.A. 65-1904, and amendments thereto.
(D) School licenses shall be renewed before July 1 of each year by submitting an application and payment of the nonrefundable license renewal fee established under K.S.A. 65-1904, and amendments thereto.
(E) Any license may be renewed by the applicant within 30 days after the expiration date of the last license upon payment of a delinquent renewal fee.
(F) No license fee shall be required of schools operating under the state board of regents or any tax-supported school.
(G) Nothing in this act shall prohibit any person who is a licensed instructor of electrology or who is and has been for at least three years a licensed electrologist, while acting as owner and manager of the person's salon, clinic or establishment, from teaching electrology in the regular course of the person's business, but at no time shall any salon, clinic or establishment have more than one apprentice or charge tuition for its teaching services.
(2) (A) Each school licensed under this subsection (g) shall remain under the constant supervision of the board.
(B) Each licensed school at all times shall employ and maintain a sufficient number of instructors, duly licensed in the practices they teach, to provide at least one full-time instructor for every four students on the floor where the consumer services are provided in addition to one instructor for every four students in the instructional classroom.
(C) Each licensed school shall provide a course of instruction and practice in preparation for the profession of electrology.
(D) The course of instruction and practice shall require not less than 500 clock hours, or a licensed school may elect to base the course of instruction and practice on credit hours.
(E) The formula for conversion from clock hour to credit hour shall be provided by a recognized accrediting body which is approved by the United States department of education for the accreditation of schools of cosmetology and the licensed school applying the credit hour conversion must be accredited through the accrediting body providing the conversion formula.
(F) The formula for conversion from clock hour to credit hour shall be subject to review by the board.
(G) Each course of instruction and practice shall include those core areas of education as determined and defined by the board.
(h) Any person who teaches electrology in a licensed school of cosmetology or electrology shall be required to obtain an electrology instructor's license from the board. To qualify for an electrology instructor's license, the applicant must: (1) Be licensed as an electrologist under this act; (2) either (A) have practiced as an electrologist for one year prior to licensure and successfully completed 300 hours of instructor training or (B) have successfully completed 450 hours of instructor training; (3) pass an electrology instructor exam, administered by the board or the board's designee; and (4) pay a nonrefundable instructor license application fee established under K.S.A. 65-1904, and amendments thereto. Electrology instructor licenses shall expire every two years and may be renewed by furnishing satisfactory evidence that the applicant, except the first renewal period following licensure for applicants not holding an electrology instructor license on the effective date of this act, has completed 20 clock hours of continuing education, approved by the board, in the practice and teaching of electrology and paying the nonrefundable license renewal fee established under K.S.A. 65-1904, and amendments thereto. To teach in a licensed salon, the electrologist is issued a license for the period of training for the student. To qualify they must: (1) Be a licensed practicing electrologist for a three-year period and (2) pay a nonrefundable instructor license application fee established under K.S.A. 65-1904, and amendments thereto.
(i) The board may adopt through rules and regulations a curriculum for cosmetology, nail technology, esthetics and electrology instructor training to be provided in a licensed school of cosmetology.
(j) Any instructor's license may be renewed by an applicant within one month after the date of expiration of the applicant's last license upon submission of proof, satisfactory to the board, of the applicants current hours and qualifications to renew practice as an instructor and payment of the applicable nonrefundable renewal fee and delinquent fee prescribed in K.S.A. 65-1904, and amendments thereto. Any applicant whose instructor's license has expired for more than one month may obtain a license in the same manner and on payment of the same nonrefundable fees as provided for an applicant for an original license.
(k) (1) The board shall provide by rules and regulations instructor-in-training permits for applicants wishing to become an instructor in any of the schools listed in subsections (a) through (i).
(2) To obtain an instructor-in-training permit the applicant shall:
(A) One week prior to starting the 100 clock hours of teaching skills and methodology required under (B)(ii) submit to the board a notice of intent to become an instructor-in-training and be enrolled in a board-approved instructor's training program. This notification shall be on the application form for the instructor-in-training permit and accompanied by a nonrefundable fee set by the board.
(B) Upon the applicant's submitting to the board proof, satisfactory to the board, of achieving the following terms the applicant shall obtain the instructor-in-training permit:
(i) Be licensed as a cosmetologist or licensed in the profession in which the application would be instructing;
(ii) have completed 100 clock hours of the required clock hours of teaching skills and methodology; and
(iii) pay the required nonrefundable application fee.
(3) The instructor-in-training permit shall be good for six months. If the student does not complete the required training, the board, upon good cause shown, may extend the permit for an additional six months.
(4) For purposes of the required student-to-instructor ratio, there shall be only one student with a student instructor permit who may be a student instructor on the school staff.
(5) At no time shall an instructor-in-training practice without the supervision of a licensed instructor.
(6) Failure to complete the instructor curriculum or to take the required exam within six months of the date of application will require the submission of a new instructor's application and the required number of clock hours of instructor's training.
History: L. 1927, ch. 245, § 3; L. 1943, ch. 222, § 3; L. 1951, ch. 361, § 1; L. 1963, ch. 316, § 2; L. 1965, ch. 381, § 1; L. 1967, ch. 343, § 1; L. 1969, ch. 298, § 1; L. 1970, ch. 257, § 1; L. 1970, ch. 256, § 2; L. 1971, ch. 210, § 1; L. 1972, ch. 232, § 2; L. 1975, ch. 322, § 3; L. 1981, ch. 249, § 1; L. 1983, ch. 212, § 3; L. 1984, ch. 231, § 3; L. 1987, ch. 238, § 3; L. 1989, ch. 195, § 5; L. 1992, ch. 108, § 3; L. 1995, ch. 120, § 3; L. 1998, ch. 160, § 3; L. 2002, ch. 187, § 3; L. 2008, ch. 108, § 3; July 1.
§ 65-1904 Licenses; application and examination; reinstatement of expired license; fees; effect of service in armed forces
(a) Unless revoked for cause, all licenses of cosmetologists, cosmetology technicians, estheticians, electrologists and manicurists issued or renewed by the board shall expire on the expiration dates established by rules and regulations adopted by the board under this section. Subject to the other provisions of this subsection, each such license shall be renewable on a biennial basis upon the filing of a renewal application prior to the expiration of the license, payment of the nonrefundable license renewal fee established under this section and the filing of a successfully completed written renewal examination prescribed by the board under this subsection. For renewal applications, the board shall prescribe a written renewal examination for each classification of licensee under this subsection that will test the applicant's understanding of the laws relating to the practice for which the applicant holds a license, will test the applicant's understanding of health and sanitation matters relating to the practice for which the applicant holds a license and will test the understanding of the applicant about safety matters relating to the practice for which the applicant holds a license. The board shall fix the score for the successful completion of a written renewal examination. At least 30 days prior to the expiration of a license, the board shall provide to the licensee notice of the date of expiration of the license.
(b) (1) Any cosmetologist's, cosmetology technician's, esthetician's, electrologist's or manicurist's license may be renewed by the applicant within six months after the date of expiration of the applicant's last license upon submission of proof, satisfactory to the board, of the applicant's qualifications to practice as a cosmetologist, cosmetology technician, esthetician, electrologist or manicurist, successfully completing the renewal exam and payment of the applicable nonrefundable renewal fee and delinquent fee prescribed pursuant to this section.
(2) Any applicant whose license as a cosmetologist, cosmetology technician, esthetician, electrologist or manicurist has been expired for more than six months may obtain reinstatement of such license upon application to the board, upon filing with the board a successfully completed written renewal examination and upon payment of the applicable nonrefundable delinquent renewal fee and a nonrefundable renewal penalty fee of $100.
(c) Any applicant for a license other than a renewal license shall make a verified application to the board on such forms as the board may require and, upon payment of the license application fee and the examination fee, shall be examined by the board or the board's appointees and shall be issued a license, if found to be duly qualified to practice the profession of cosmetologist, esthetician, electrologist or manicurist.
(d) The board is hereby authorized to adopt rules and regulations fixing the amount of nonrefundable fees for the following items and to charge and collect the amounts so fixed, subject to the following limitations:
- Cosmetologist license application fee, for two years—not more than $60
- Cosmetologist license renewal fee 60
- Delinquent cosmetologist renewal fee 25
- Cosmetology technician license renewal fee, for two years—not more than 60
- Delinquent cosmetology technician renewal fee 25
- Electrologist license application fee, for two years—not more than 60
- Electrologist license renewal fee 60
- Delinquent electrologist renewal fee 25
- Manicurist license application fee, for two years—not more than 60
- Manicurist license renewal fee 60
- Delinquent manicurist renewal fee 25
- Esthetician license application fee, for two years—not more than 60
- Esthetician license renewal fee 60
- Delinquent esthetician renewal fee 25
- Any apprentice license application fee—not more than 15
- New school license application fee 150
- School license renewal fee—not more than 75
- Delinquent school license fee—not more than 50
- New cosmetology services salon or electrology clinic license application fee—not more than 100
- Cosmetology services salon or electrology clinic license renewal fee—not more than 50
- Delinquent cosmetology services salon or electrology clinic renewal fee 30
- Cosmetologist's examination—not more than 75
- Electrologist's examination—not more than 75
- Manicurist's examination—not more than 75
- Esthetician examination—not more than 75
- Instructor's examination—not more than 75
- Reciprocity application fee—not more than 75
- Senior status license fee 30
- Verification of licensure 20
- Any duplicate of license 25
- Instructor's license application fee, for two years—not more than 100
- Renewal of instructor's license fee 75
- Delinquent instructor's renewal fee—not more than 75
- Temporary permit fee 15
- Statutes and regulations book 5
- Instructor-in-training permit 50
(e) Whenever the board determines that the total amount of revenue derived from the fees collected pursuant to this section is insufficient to carry out the purposes for which the fees are collected, the board may amend its rules and regulations to increase the amount of the fee, except that the amount of the fee for any item shall not exceed the maximum amount authorized by this subsection. Whenever the amount of fees collected pursuant to this section provides revenue in excess of the amount necessary to carry out the purposes for which such fees are collected, it shall be the duty of the board to decrease the amount of the fee for one or more of the items listed in this subsection by amending the rules and regulations which fix the fees.
(f) Any person who has held a license issued by the board for at least 10 years and is 60 years or more of age and not regularly engaged in cosmetology practice in Kansas shall be entitled to a senior status license upon application and payment of the one-time senior status license fee. The holder of the senior status license shall not be required to renew the license and shall not be entitled to practice cosmetology.
(g) Any person who failed to obtain a renewal license while in the armed forces of the United States shall be entitled to a renewal license upon filing application, paying the nonrefundable renewal fee for the current year during which the person has been discharged and successfully completing the renewal exam.
History: L. 1927, ch. 245, § 7; L. 1933, ch. 279, § 3; L. 1943, ch. 222, § 4; L. 1945, ch. 253, § 1; L. 1949, ch. 334, § 2; L. 1951, ch. 361, § 2; L. 1963, ch. 317, § 2; L. 1970, ch. 256, § 3; L. 1975, ch. 322, § 4; L. 1980, ch. 192, § 1; L. 1983, ch. 212, § 4; L. 1987, ch. 238, § 4; L. 1995, ch. 119, § 1; L. 1995, ch. 248, § 1; L. 1997, ch. 146, § 6; L. 1998, ch. 160, § 4; L. 2001, ch. 193, § 1; L. 2002, ch. 187, § 4; L. 2009, ch. 80, § 1; L. 2014, ch. 130, § 1; L. 2018, ch. 22, § 1; July 1.
§ 65-1904a Salon or clinic license; application and fee; inspection and reinspection; exemption for adult care home or long-term care unit of a medical care facility; practice in private residence; renewal; practice outside salon, clinic or private residence
(a) Any licensed cosmetologist, esthetician, electrologist, manicurist, or person desiring to establish a salon or clinic shall make application, on a form provided, to the Kansas state board of cosmetology, accompanied by the new salon or clinic license fee established under K.S.A. 65-1904, and amendments thereto. Upon filing of the application, the board shall inspect the equipment as to safety and sanitary condition of the premises and if the equipment and premises are found to comply with the rules and regulations of the secretary of health and environment and the rules and regulations of the Kansas state board of cosmetology, the board shall issue a new salon or clinic license. An adult care home, as defined in K.S.A. 39-923, and amendments thereto, or a long-term care unit of a medical care facility, as defined in K.S.A. 65-425, and amendments thereto, shall be exempted from the provisions of this section.
(b) Nothing in this section shall be construed as preventing any licensed cosmetologist, manicurist, esthetician or electrologist from practicing in the field for which licensed in such licensee's private home or residence if the home or residence complies with rules and regulations of the secretary and the state board. A licensed cosmetologist, manicurist, esthetician or electrologist may provide services in the field in which licensed in a place other than the licensed salon or clinic or a private home or residence of the licensed cosmetologist, manicurist, esthetician or electrologist. Excluding services provided by a licensed cosmetologist, manicurist, esthetician or electrologist in a healthcare facility, hospital or adult care home or in the residence of a person requiring home care arising from physical or mental disabilities, in order to provide such services, such licensed cosmetologist, manicurist, esthetician or electrologist shall:
(1) Be employed in a salon or clinic or in the licensed cosmetologist's, manicurist's, esthetician's or electrologist's private home or residence for at least 51% of the total hours per week employed; and
(2) attest by affidavit that such cosmetology, manicuring, esthetics or electrology services shall be provided only in the residence or office of the person receiving services.
(c) Licensed salons and clinics may be reinspected in accordance with a schedule determined by the board by rules and regulations or upon a complaint made to the board that such salon or clinic is not being maintained in compliance with rules and regulations of the board. The license shall expire one year from the last day of the month of its issuance. Any such license may be renewed upon application accompanied by the salon or clinic license renewal fee made to the board prior to the expiration date of the license. Any license may be renewed by the applicant within 60 days after the date of expiration of the last license upon payment of the annual renewal fee plus the delinquent renewal fee.
(d) Salon and clinic renewal application fees shall be prorated to reflect an expiration date one year from the last day of the month of the initial issuance of the license.
History: L. 1943, ch. 222, § 5; L. 1945, ch. 253, § 2; L. 1949, ch. 334, § 3; L. 1963, ch. 317, § 3; L. 1970, ch. 256, § 4; L. 1975, ch. 322, § 5; L. 1987, ch. 238, § 5; L. 1998, ch. 160, § 5; L. 2000, ch. 109, § 3; L. 2002, ch. 187, § 5; L. 2014, ch. 130, § 2; L. 2023, ch. 40, § 4; July 1.
§ 65-1904b Licensure, reciprocity, conditions
(a) Upon application to the Kansas state board of cosmetology on a form provided for application for a cosmetologist, esthetician or electrologist license, accompanied by the application fee, a person practicing as a cosmetologist, esthetician or electrologist under the laws of another state or jurisdiction shall be granted a license entitling the person to practice in this state if:
(1) The person is not less than 17 years of age and a graduate of an accredited high school, or equivalent thereof, or the person has held a current license in another state or jurisdiction in the area of practice in which the person seeks a license for not less than 10 years prior to the date of application;
(2) the person submits to the board verification of date of birth; and
(3) the person holds a current license in another state in the area of practice in which the person seeks a license and meets at least one of the following criteria:
(A) The person passes a written and a practical examination administered by the board relating to the area of practice in which the person seeks a license; or
(B) the person has the number of hours of training required for licensure in this state and passes the written examination administered for license renewal under subsection (a) of K.S.A. 65-1904, and amendments thereto.
(b) The renewal of a license issued pursuant to this section shall be in the manner provided in K.S.A. 65-1904, and amendments thereto.
History: L. 1943, ch. 222, § 6; L. 1963, ch. 317, § 4; L. 1970, ch. 256, § 5; L. 1975, ch. 322, § 6; L. 1981, ch. 249, § 2; L. 1983, ch. 212, § 5; L. 1987, ch. 238, § 6; L. 1998, ch. 160, § 6; L. 2002, ch. 187, § 6; L. 2008, ch. 108, § 4; L. 2014, ch. 130, § 3; July 1.
§ 65-1904c Repealed
History: L. 1943, ch. 222, § 5; L. 1945, ch. 253, § 2; L. 1949, ch. 334, § 3; L. 1963, ch. 317, § 3; L. 1970, ch. 256, § 4; L. 1975, ch. 462, § 93; Repealed, L. 1977, ch. 219, § 1; July 1.
§ 65-1905 Examinations; qualifications of applicants; temporary permit
(a) All examinations held or conducted by the board shall be in accordance with rules and regulations adopted by the board. The examinations shall include a written test administered at the completion of 1,000 hours of training. If the applicant has attended a licensed school electing to base the course of instruction and practice on credit hours as provided in K.S.A. 65-1903, and amendments thereto, the written test shall be administered at the completion of the credit hours which are the equivalent of 1,000 clock hours under the formula for conversion used by the licensed school. A practical test may be administered prior to licensure. Examinations to qualify for an instructor's license shall be limited to written tests.
(b) Each applicant for licensure by examination shall:
(1) Be at least 17 years of age;
(2) be a graduate of an accredited high school, or equivalent thereof. The provisions of this paragraph shall not apply to any applicant who was at least 25 years of age and licensed as an apprentice on May 21, 1998;
(3) submit to the board verification of date of birth; and
(4) have served as an apprentice for the period of time provided by K.S.A. 65-1912, and amendments thereto.
(c) Any person making application who possesses the necessary qualifications to take an examination provided herein, upon application and payment of the nonrefundable temporary permit fee, may be issued a temporary permit by the board to practice cosmetology until the next regular examination conducted by the board.
History: L. 1927, ch. 245, § 8; L. 1943, ch. 222, § 7; L. 1951, ch. 361, § 3; L. 1963, ch. 316, § 3; L. 1965, ch. 381, § 2; L. 1971, ch. 210, § 2; L. 1972, ch. 232, § 3; L. 1975, ch. 322, § 7; L. 1981, ch. 249, § 3; L. 1983, ch. 212, § 6; L. 1998, ch. 160, § 7; L. 1999, ch. 14, § 1; L. 2002, ch. 187, § 7; L. 2008, ch. 108, § 5; L. 2014, ch. 130, § 4; July 1.
§ 65-1905a Repealed
History: L. 1927, ch. 245, § 8; L. 1943, ch. 222, § 7; L. 1951, ch. 361, § 3; L. 1963, ch. 316, § 3; L. 1965, ch. 381, § 2; L. 1971, ch. 210, § 2; L. 1972, ch. 232, § 3; L. 1975, ch. 322, § 7; L. 1981, ch. 249, § 3; L. 1983, ch. 284, § 4; Repealed, L. 1984, ch. 231, § 5; April 12.
§ 65-1906 Display of license, inspection report and sanitation standards
(a) Each licensed cosmetologist, cosmetology technician, esthetician, manicurist, electrologist and instructor shall display such person's license in a conspicuous place in the salon, clinic or school where the holder thereof is employed or working.
(b) Each holder of a salon, clinic or school license shall display the license and most recent inspection report and the sanitation standards prescribed by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto, in a conspicuous place in the salon, clinic or school.
History: L. 1927, ch. 245, § 9; L. 1943, ch. 222, § 8; L. 1949, ch. 334, § 4; L. 1998, ch. 160, § 8; L. 2008, ch. 108, § 6; July 1.
§ 65-1907 Inspectors, duties and training; student requirements; dual-licensed salon and barber shops
(a) Except as provided in subsection (b), the chairperson, with the approval of the board, shall employ inspectors to inspect schools, salons and clinics and the inspectors shall perform all of the inspection duties of the board, as required by this act, rules and regulations of the board and sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto. The board shall provide training to the inspectors to enable the inspectors to provide current information to school, salon and clinic personnel regarding requirements of applicable statutes and rules and regulations. It shall be the duty of the board to determine the number of hours and practice work required of students in each subject of cosmetology, nail technology, esthetics and electrology taught in a licensed school.
(b) The chairperson of the board of cosmetology, with the approval of the board, may enter into an agreement with the chairperson of the board of barbering as to which board's inspectors shall inspect a dual-licensed salon and barber shop. Such designated inspectors shall perform all of the inspection duties of both boards, as required by the applicable statutes and rules and regulations of both boards and the sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto. Such designated inspectors shall be trained by both boards as required by the applicable statutes and rules and regulations of both boards.
History: L. 1927, ch. 245, § 10; L. 1961, ch. 385, § 4; L. 1975, ch. 462, § 94; L. 1987, ch. 238, § 7; L. 1989, ch. 195, § 6; L. 1995, ch. 120, § 5; L. 1998, ch. 160, § 9; L. 2014, ch. 63, § 1; July 1.
§ 65-1908 Revocation, censure, limitation or condition, suspension, nonrenewal or refusal of license; assessment of fines; grounds; authority of inspectors
(a) The board, in accordance with the provisions of the Kansas administrative procedure act, may refuse to issue or renew a license, or revoke, suspend, censure, limit or condition a license for any of the following reasons:
(1) Failure to comply with the sanitation standards prescribed by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto;
(2) failure to comply with any provision of this act, with the rules and regulations of the board of cosmetology or with any order issued by the board;
(3) has become a danger to the public by reason of alcohol or drug abuse;
(4) conviction of a felony unless the applicant or licensee is able to demonstrate to the board's satisfaction that such person has been sufficiently rehabilitated to warrant the public trust;
(5) the obtaining of, or the attempt to obtain, a license by fraudulent misrepresentation or bribery;
(6) advertising by means of false or knowingly deceptive matter or statement;
(7) failure to display the annual license or inspection report as provided for in this act;
(8) gross negligence or unprofessional conduct as defined by rules and regulations of the board; or
(9) has had a license revoked, suspended or limited, or has had other disciplinary action taken, or an application for a license denied, by the proper regulatory authority of another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.
(b) The board may order the remedying of any violations of rules and regulations of the board or any provision of this act, and the board may issue a cease and desist order upon board determination that the holder of a license or any person has violated any order of the board, any rules and regulations of the board or any provision of this act.
(c) Inspectors employed by the board shall have such powers as the board may prescribe by rules and regulations to make inspections, investigations, and inquiries, except that a permanent order for closing any establishment licensed by the board shall be issued only by the board.
(d) In addition to the board's authority to refuse licensure or impose discipline pursuant to subsection (a), the board shall have the authority to assess a fine not in excess of $1,000 against a licensee for each of the reasons specified in subsection (a). Such fine may be assessed in lieu of or in addition to such discipline.
History: L. 1927, ch. 245, § 11; L. 1961, ch. 385, § 5; L. 1975, ch. 322, § 8; L. 1984, ch. 313, § 116; L. 1989, ch. 195, § 7; L. 1992, ch. 108, § 4; L. 1995, ch. 119, § 2; L. 1998, ch. 160, § 10; L. 2002, ch. 187, § 8; L. 2008, ch. 108, § 7; July 1.
§ 65-1908a Repealed
History: L. 1927, ch. 245, § 11; L. 1961, ch. 385, § 5; L. 1975, ch. 462, § 95; Repealed, L. 1977, ch. 219, § 1; July 1.
§ 65-1909 Violations; civil and criminal remedies
(a) No person shall:
(1) Employ an individual or allow any individual to engage in any activity for which a license is required pursuant to K.S.A. 65-1902, and amendments thereto, unless such individual holds a currently valid license issued to such individual;
(2) violate any order or ruling of the state board of cosmetology;
(3) fail or refuse to comply with rules and regulations prescribed by the board or applicable sanitation standards adopted by the secretary of health and environment pursuant to K.S.A. 65-1,148, and amendments thereto; or
(4) violate any of the provisions of article 19 of chapter 65 of [the] Kansas Statutes Annotated.
(b) Violation of subsection (a) is a misdemeanor punishable by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not less than 10 days nor more than 90 days, or by both such fine and imprisonment.
(c) The board may bring an action in its own name in a court of competent jurisdiction to enjoin any person from practicing or teaching cosmetology, esthetics, nail technology or electrology or from operating a salon, clinic or school where such courses are taught without a currently valid license. In any civil action brought under this section, it shall be presumed that irreparable damage will occur where the board alleges and proves a person committed a violation of such licensing laws. In addition to issuing an order for injunctive relief, the court also may assess a fine of not to exceed $1,500 against such person.
History: L. 1927, ch. 245, § 12; L. 1949, ch. 334, § 5; L. 1975, ch. 322, § 9; L. 1987, ch. 238, § 8; L. 1989, ch. 195, § 8; L. 1998, ch. 160, § 11; L. 2002, ch. 187, § 9; L. 2008, ch. 108, § 8; July 1.
§ 65-1909a Repealed
History: L. 1927, ch. 245, § 12; L. 1949, ch. 334, § 5; L. 1975, ch. 462, § 96; Repealed, L. 1977, ch. 219, § 1; July 1.
§ 65-1910 Invalidity of part
If any part or parts of this act be held to be unconstitutional, the remaining part or parts of this act shall be unaffected thereby.
History: L. 1927, ch. 245, § 14; June 1.
§ 65-1911 Repealed
History: L. 1963, ch. 316, § 5; Repealed, L. 1983, ch. 212, § 8; July 1.
§ 65-1912 Apprentice license; practice as apprentice required prior to licensure; charge for services of apprentice
(a) Any person desiring to practice as an apprentice shall be required to pay to the board the fee required pursuant to K.S.A. 65-1904, and amendments thereto, and obtain an apprentice license from the board. Application for an apprentice license allowing a person to practice in a licensed school shall be submitted to the board not more than 15 days after the person's enrollment in the school.
(b) (1) An applicant for examination and licensure as a cosmetologist shall be required to have practiced as an apprentice in a licensed school for not less than 1,500 clock hours or, if the applicant has attended a licensed school electing to base the course of instruction and practice on credit hours as provided in K.S.A. 65-1903, and amendments thereto, the applicant shall have practiced as an apprentice for not less than those credit hours which are the equivalent of 1,500 clock hours under the formula for conversion used by the licensed school.
(2) (A) Before July 1, 2009, an applicant for examination and licensure as an esthetician shall be required to have practiced as an apprentice in a licensed school for not less than 650 clock hours or, if the applicant has attended a licensed school electing to base the course of instruction and practice on credit hours as provided in K.S.A. 65-1903, and amendments thereto, the applicant shall have practiced as an apprentice for not less than those credit hours which are the equivalent of 650 clock hours under the formula for conversion used by the licensed school.
(B) On and after July 1, 2009, an applicant for examination and licensure as an esthetician shall be required to have practiced as an apprentice in a licensed school for not less than 1,000 clock hours, or, if the applicant has attended a licensed school electing to base the course of instruction and practice on credit hours as provided in K.S.A. 65-1903, and amendments thereto, the applicant shall have practiced as an apprentice for not less than those credit hours which are the equivalent of 1,000 clock hours under the formula for conversion used by the licensed school.
(3) An applicant for examination and licensure as a manicurist shall be required to have practiced as an apprentice in a licensed school of cosmetology or nail technology for not less than 350 clock hours or, if the applicant has attended a licensed school electing to base the course of instruction and practice on credit hours as provided in K.S.A. 65-1903, and amendments thereto, the applicant shall have practiced as an apprentice for not less than those credit hours which are the equivalent of 350 clock hours under the formula for conversion used by the licensed school.
(4) An applicant for examination and licensure as an electrologist shall be required to have practiced as an apprentice: (A) In a licensed school of cosmetology or electrology for not less than 500 clock hours or, if the applicant has attended a licensed school electing to base the course of instruction and practice on credit hours as provided in K.S.A. 65-1903, and amendments thereto, the applicant shall have practiced as an apprentice for not less than those credit hours which are the equivalent of 500 clock hours under the formula for conversion used by the licensed school; or (B) in a licensed clinic or establishment for not less than 1,000 clock hours of training. The duration of practice as an apprentice in a clinic or establishment must be in the clinic or establishment in which practice was commenced, except that the board may permit, upon written application and for good cause, the transfer of the apprentice to another clinic or establishment for completion of the term of apprenticeship. Any licensed cosmetologist who is practicing electrology in a licensed clinic or establishment on July 1, 1987, may apply for and be issued an electrologist's license without examination.
(c) No apprentice shall make any charge for the apprentice's services, but a licensed school of cosmetology, electrology or nail technology or a proprietor of a licensed clinic or establishment in which an apprentice of electrology practices may charge for services of the apprentice.
(d) For purposes of subsection (b), a person is not required to have practiced as an apprentice continuously or without interruption in obtaining the required number of hours.
History: L. 1983, ch. 212, § 7; L. 1984, ch. 231, § 4; L. 1987, ch. 238, § 9; L. 1992, ch. 108, § 5; L. 1995, ch. 120, § 6; L. 1998, ch. 160, § 12; L. 2002, ch. 187, § 10; L. 2008, ch. 108, § 9; July 1.
§§ 65-1913 through 65-1919 Reserved
§ 65-1920 Tanning facility licensing; definitions
(a) As used in this act:
(1) "Authorized agent" means an employee of the state board of cosmetology designated by the board to enforce this act.
(2) "Board" means the state board of cosmetology.
(3) "Phototherapy device" means equipment that emits ultraviolet radiation that is used in the treatment of disease or other medical use.
(4) "Tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air that is used for tanning of human skin and includes any accompanying items incidental to operation of the tanning device.
(5) "Tanning facility" means any facility, whether independent or part of a salon, health spa or any other facility, which provides access to tanning devices but shall not include private residences if access to tanning devices is provided without charge.
(b) This act does not apply to use of a phototherapy device by or under supervision of a person licensed to practice medicine and surgery.
History: L. 1992, ch. 170, § 1; July 1.
§ 65-1921 Same; warnings
A tanning facility shall give each customer a written statement warning that:
(a) Failure to use the eye protection provided to the customer by the tanning facility may result in damage to the eyes;
(b) overexposure to ultraviolet radiation causes burns;
(c) repeated exposure to ultraviolet radiation may result in premature aging of the skin and skin cancer;
(d) abnormal skin sensitivity or burning may be caused by reactions of ultraviolet radiation to certain: Foods; cosmetics; or medications, including: Tranquilizers; diuretics; antibiotics; high blood pressure medicines; or birth control pills; and
(e) any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device.
History: L. 1992, ch. 170, § 2; July 1.
§ 65-1922 Same; warning signs; posting; dimensions
(a) A tanning facility shall post a warning sign in a conspicuous location where it is readily visible by persons entering the establishment. The sign shall have dimensions of no less than eight inches by 10 inches and shall contain the following wording:
CAUTION: ULTRAVIOLET RADIATION
Repeated exposure to ultraviolet radiation may cause skin damage characterized by wrinkling, dryness, fragility and skin cancer.
Failure to use protective eyewear may result in severe burns or permanent injury to the eyes.
Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a tanning device if you are using medications, have a history of skin problems or believe you are especially sensitive to sunlight. Pregnant women or women taking oral contraceptives who use this product may develop discolored skin.
IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM USE OF AN ULTRAVIOLET DEVICE OR SUNLAMP
(b) A tanning facility shall post a warning sign, one for each tanning device, in a conspicuous location that is readily visible to a person about to use the device. The sign shall have dimensions of not less than eight inches by 10 inches and shall contain the following language:
CAUTION: ULTRAVIOLET RADIATION
-
Follow the manufacturer's instructions for use of this device.
-
Avoid too frequent or lengthy exposure. As with natural sunlight, exposure can cause serious eye and skin injuries and allergic reactions. Repeated exposure may cause skin cancer.
-
Wear protective eyewear. Failure to use protective eyewear may result in severe burns or permanent damage to the eyes.
-
Do not sunbathe before or after exposure to ultraviolet radiation.
-
Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medication, have a history of skin problems or believe you are especially sensitive to sunlight. Pregnant women or women using oral contraceptives who use this product may develop discolored skin.
IF YOU DO NOT TAN IN THE SUN, YOU WILL NOT TAN FROM USE OF THIS DEVICE
History: L. 1992, ch. 170, § 3; July 1.
§ 65-1923 Same; promotional material
A tanning facility shall not claim or distribute promotional materials that claim that using a tanning device is safe or free from risk.
History: L. 1992, ch. 170, § 4; July 1.
§ 65-1924 Same; presence of trained operator required; protective eyewear and physical aids; timer; maximum exposure time and interior temperature
(a) A tanning facility shall have an operator present during operating hours. The operator must be trained in the correct operation of the tanning devices used at the facility that the operator may inform and assist each user in the proper use of the tanning devices.
(b) Before each use of a tanning device, the operator shall provide the customer with protective eyewear which meets the standards of title 21, part 1040.20 of the code of federal regulations. The operator may not allow a person to use a tanning device if that person does not use the protective eyewear. The operator shall also show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer of the tanning device.
(c) The tanning facility shall use a timer with an accuracy of at least plus or minus 10% of any selected time interval. The facility shall limit the exposure time of a user on a tanning device to the maximum exposure time recommended by the manufacturer. The facility shall control the interior temperature of a tanning device so that it may not exceed 100 degrees Fahrenheit.
History: L. 1992, ch. 170, § 5; July 1.
§ 65-1925 Rules and regulations; inspections; violations; remedies
(a) The board may adopt rules and regulations to implement this act. The board, after consultation with the secretary of health and environment, shall adopt rules and regulations relating to the safe functioning of tanning devices. Pursuant to K.S.A. 65-1,148, and amendments thereto, the secretary of health and environment shall adopt sanitation standards for tanning facilities.
(b) An authorized agent shall have access at all reasonable times to any tanning facility to inspect the facility to determine compliance with this act.
(c) If an authorized agent finds that a person has violated, or is violating or threatening to violate this act and that the violation or threat of violation creates an immediate threat to the health and safety of the public, the authorized agent may petition the district court for a temporary restraining order to restrain the violation or threat of violation.
(d) If a person has violated or is violating or threatening to violate this act or rules and regulations adopted by the board or by the secretary of health and environment, as provided by this section, the board, after a hearing in accordance with the administrative procedure act, may suspend the license of a tanning facility until such time that the tanning facility can demonstrate to the board that it has corrected deficiencies and is in compliance with this act and rules and regulations adopted pursuant to this act.
(e) On application for injunctive relief and a finding that a person is violating or threatening to violate this act or rules and regulations adopted by the board or by the secretary of health and environment, as provided by this section, the district court shall grant any injunctive relief warranted by the facts.
History: L. 1992, ch. 170, § 6; L. 2002, ch. 187, § 11; July 1.
§ 65-1926 Licensure requirement; grounds for disciplinary action; fees
(a) A person shall not operate a tanning facility without a valid license issued by the board.
(b) The license shall be displayed in a conspicuous place in the tanning facility.
(c) On application, on forms provided by the board, and on receipt of the appropriate fee, a license shall be renewed by the board.
(d) The board may adopt a system under which licenses expire on various dates during the year. As part of this system the annual renewal fee may be prorated on a monthly basis to reflect the actual number of months the license is valid.
(e) The board may deny, refuse to renew, revoke, cancel, suspend or place on probation a license to operate a tanning facility for any of the following reasons:
(1) A failure to pay a license fee or an annual renewal fee for a license;
(2) the applicant obtained or attempted to obtain a license by fraud or deception;
(3) a violation of any of the provisions of this act; or
(4) a violation of any rules and regulations adopted by the board or by the secretary of health and environment, as provided by K.S.A. 65-1925, and amendments thereto.
(f) The board shall establish appropriate licensure and renewal fees, not to exceed $100 per year for each tanning facility, by adoption of rules and regulations. The board may establish the fees based upon the number of beds used for tanning which the facility maintains. In addition to the fee for licensure and the fee for renewal of a license, the board may establish a fee not to exceed $150 for delinquent renewal of a license and a fee not to exceed $200 for reinstatement of a license.
(g) The executive director of the board shall remit all moneys received from fees under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the manner specified under K.S.A. 74-2704, and amendments thereto.
(h) In addition to the board's authority to refuse licensure or impose discipline pursuant to subsection (a), the board shall have the authority to assess a fine not in excess of $1,000 against a licensee for each of the reasons specified in subsection (e). Such fine may be assessed in lieu of or in addition to such discipline.
History: L. 1992, ch. 170, § 7; L. 2001, ch. 5, § 232; L. 2002, ch. 187, § 12; L. 2008, ch. 108, § 10; July 1.
§ 65-1927 Penalties for violations
Any person who operates an unlicensed tanning facility in this state or violates this act or any rules and regulations adopted by the board or by the secretary of health and environment, as provided by K.S.A. 65-1925, and amendments thereto, shall be guilty of a class C misdemeanor.
History: L. 1992, ch. 170, § 8; L. 2002, ch. 187, § 13; July 1.
§ 65-1928 Braiding or threading of hair; exemption of persons engaged therein from practice of cosmetology, requirements; duties of secretary of health and environment
(a) The secretary of health and environment shall develop a brochure containing information about infection control techniques that are appropriate for hair braiding and threading outside the salon setting. This brochure shall be made available through the department of health and environment's website or by mail, upon request, for a fee to cover the department of health and environment's printing costs. The brochure shall contain a self-test with questions on the information contained in the brochure.
(b) For an individual engaged in hair braiding or threading to be exempt from the practice of cosmetology under K.S.A. 65-1901, and amendments thereto, such individual shall complete the self-test part of the brochure and keep the brochure and completed self-test available at the location where the individual is braiding hair or threading.
History: L. 2000, ch. 109, § 2; L. 2022, ch. 41, § 2; July 1.
§ 65-1929 Tanning facility license required; remedies
(a) If the board determines that an individual or entity has operated a tanning facility without a valid license, in addition to any other penalties imposed by law, the board, in accordance with the Kansas administrative procedure act, may issue a cease and desist order against such individual or entity or may assess such individual or entity a fine of not to exceed $1,500 or may issue such order and assess such fine. In determining the amount of fine to be assessed, the board may consider the following factors: (1) Willfulness of the violation, (2) repetitions of the violation, and (3) risk of harm to the public caused by the violation.
(b) The board may bring an action in its own name in a court of competent jurisdiction to enjoin any person from operating a tanning facility without a currently valid license. In any civil action brought under this section, it shall be presumed that irreparable damage will occur where the board alleges and proves a person committed a violation of such licensing laws. In addition to issuing an order for injunctive relief, the court may also assess a fine of not to exceed $1,500 against such person.
History: L. 2002, ch. 187, § 14; July 1.
§ 65-1930 Reserved
§ 65-1931 Minors prohibited from tanning; fines
(a) No tanning facility shall provide access to a tanning device for any person under 18 years of age.
(b) In addition to the board's authority to impose discipline pursuant to K.S.A.
65-1920, and amendments thereto, the board shall have the authority to assess a fine not in excess of $250 against a licensee for each violation. Such fine may be assessed in lieu of or in addition to such discipline.
(c) The board shall adopt rules and regulations as necessary to effectuate the provisions of this section. Such rules and regulations shall be adopted no later than January 1, 2017.
History: L. 2016, ch. 91, § 1; July 1.
§ 65-1932 Citation of act
K.S.A. 65-1920 through 65-1929 and K.S.A. 65-1931, and amendments thereto, shall be known and may be cited as the Kansas tanning facilities act.
History: L. 2016, ch. 91, § 2; July 1.
§§ 65-1933 through 65-1939 Reserved
§ 65-1940 Licensure of tattooing and body piercing; definitions
As used in this act, unless the context otherwise requires:
(a) "Board" means the Kansas state board of cosmetology or its designee.
(b) "Director" means the executive director of the board.
(c) "Department" means the department of health and environment.
(d) "Secretary" means the secretary of health and environment.
(e) "Tattoo artist" and "cosmetic tattoo artist" mean a person who practices tattooing or cosmetic tattooing or both pursuant to this act.
(f) "Body piercer" means a person engaged in the practice of body piercing pursuant to this act.
(g) "Body piercing" means puncturing the skin of a person by aid of needles designed or used to puncture the skin for the purpose of inserting removable jewelry through the human body, except puncturing the external part of the human earlobe shall not be included in this definition. This act shall not be construed to authorize a licensed body piercer to implant or embed foreign objects into the human body or otherwise to engage in the practice of medicine and surgery.
(h) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.
(i) "Tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments by use of a needle into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.
(j) "Tattoo establishment" means any room or space or any part thereof where tattooing is practiced or where the business of tattooing is conducted.
(k) "Body piercing establishment" means any room space, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.
(l) "Cosmetic tattooing" means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin, by use of a needle, so as to form indelible marks for cosmetic or figurative purposes.
(m) "Cosmetic tattooing establishment" means any room, space, or any part thereof, where cosmetic tattooing is practiced or where the business of cosmetic tattooing is conducted.
(n) "Court appointed guardian" means one who is appointed by a court and has legal authority and duty to care for another person, especially because of the other's infancy, incapacity or disability.
(o) "Needle" means a sharp, pointed implement used for the purpose of tattooing, cosmetic tattooing or body piercing. The term "needle" does not include any implements or objects altered to be used as needles.
(p) "Trainer" means a licensed individual who guides another in tattooing, cosmetic tattooing or body piercing.
(q) "Apprentice" means any person licensed by the board to engage in learning the practice of tattooing, cosmetic tattooing or body piercing.
History: L. 1996, ch. 138, § 1; L. 2001, ch. 193, § 2; L. 2008, ch. 108, § 11; July 1.
§ 65-1941 Licensure; license required to perform certain activities; exceptions; criminal penalty; action to enjoin unauthorized activities; rules and regulations
(a) No person, including a tattoo artist, cosmetic tattoo artist or body piercer, shall perform tattooing, cosmetic tattooing or body piercing on another person, display a sign or in any other way advertise or purport to be a tattoo artist, cosmetic tattoo artist or body piercer unless that person holds a valid license issued by the board. This act does not prevent or affect the use of tattooing, cosmetic tattooing or body piercing by a physician, a person under the control and supervision of a physician, a licensed dentist, a person under the control and supervision of a licensed dentist or an individual performing tattooing, cosmetic tattooing or body piercing solely on such individual's body.
(b) Violation of subsection (a) is a class A nonperson misdemeanor.
(c) The board may bring an action to enjoin any person required to be licensed under K.S.A. 65-1940 through 65-1954, and amendments thereto, from practicing body piercing, tattooing or cosmetic tattooing if such person does not hold a currently valid license authorizing the person to engage in such practice. The board may bring an action to enjoin any person from operating an establishment required to be licensed under K.S.A. 65-1940 through 65-1954, and amendments thereto, if such person does not hold a currently valid establishment license.
(d) The board may order the remedying of any violations of rules and regulations of the board or any provision of this act, and the board may issue a cease and desist order upon board determination that a person has violated any order of the board, any rules and regulations of the board or any provision of K.S.A. 65-1940 through 65-1954, and amendments thereto.
History: L. 1996, ch. 138, § 2; L. 2001, ch. 193, § 3; L. 2008, ch. 108, § 12; L. 2023, ch. 40, § 5; July 1.
§ 65-1942 Same; prohibited acts; penalty
(a) No person shall:
(1) Sell, barter or offer to sell or barter a license;
(2) purchase or procure by barter a license with intent to use it as evidence of the person's qualification to practice tattooing, cosmetic tattooing or body piercing;
(3) alter materially a license with fraudulent intent;
(4) use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or
(5) willfully make a false, material statement in an application for licensure or for renewal of a license.
(b) A violation of subsection (a), and amendments thereto, is a class A nonperson misdemeanor.
(c) No person shall:
(1) Produce an indelible mark or figure on the body of another by scarring using scalpels or other related equipment;
(2) produce an indelible mark or figure on the body of another by branding using a hot iron or other instrument; or
(3) use any other instrument other than a needle, as defined in K.S.A. 65-1940, and amendments thereto, for the purpose of tattooing, cosmetic tattooing or body piercing.
(d) A violation of any of the prohibitions in subsection (c) is a class A misdemeanor.
History: L. 1996, ch. 138, § 3; L. 2001, ch. 193, § 4; L. 2008, ch. 108, § 13; July 1.
§ 65-1943 Same; application for licensure; fees; requirements for licensure
(a) An applicant for licensure shall pay a non-refundable fee established by rules and regulations adopted by the board and shall show to the satisfaction of the board that the applicant:
(1) Has complied with the provisions of this act and the applicable rules and regulations of the secretary;
(2) is not less than 18 years of age;
(3) has a high school diploma or equivalent education;
(4) has submitted evidence of completion of education or training prescribed and approved by the board as follows:
(A) A training program under the direct supervision of a licensed tattoo artist, cosmetic tattoo artist or body piercer approved and licensed as a trainer by the board, or another state, in the area of practice in which the person seeks licensure;
(B) has performed at least 50 completed procedures;
(C) pays a non-refundable application fee set by the board;
(D) provides verification of training;
(E) completes eight hours of continuing education, approved by the board, in infection control and blood-borne pathogens, in addition to the infection control curriculum requirement; and
(F) has successfully completed an examination approved, administered or recognized by the board.
(b) An applicant for apprentice licensure shall be required to pay a non-refundable fee established by rules and regulations adopted by the board and shall submit an application to the board showing to the satisfaction of the board that the applicant:
(1) Is not less than 18 years of age;
(2) has a high school diploma or equivalent education; and
(3) will be studying under a trainer approved by the board.
(c) Any applicant who possesses the necessary qualifications to take an examination, as determined by the board, upon application and payment of a non-refundable fee established by rules and regulations adopted by the board, may be issued a temporary permit by the board to practice cosmetic tattooing, tattooing or body piercing until the next regular examination conducted by the board.
(d) As a condition of biennial license renewal, licensees shall complete five hours of continuing education, approved by the board, in infection control and blood-borne pathogens, in addition to paying any non-refundable renewal fee set by the board. Successfully completing the exam is not a substitute for continuing education requirements.
(e) If an applicant seeks renewal within six months after the expiration of the practitioner's license, the license may be renewed by submitting, within the six month late renewal period:
(1) The non-refundable renewal fee;
(2) the non-refundable delinquent fee; and
(3) documentation of completion of eight hours of continuing education, approved by the board, in infection control and blood-borne pathogens.
(f) If an applicant seeks renewal more than six months after the expiration of a practitioner's license, the license may be renewed by submitting:
(1) The application and application fee;
(2) the renewal fee;
(3) the delinquent fee; and
(4) documentation of completion of eight hours of continuing education, approved by the board, in infection control and blood-borne pathogens. The continuing education hours shall have been obtained within two months of the submission of the application and fees.
(g) An applicant seeking a license as a trainer shall:
(1) Pay any fees set by the board;
(2) concurrently maintain a practitioner's license;
(3) have no more than one apprentice at any time; and
(4) maintain direct supervision of the apprentice.
(h) All application, renewal and delinquent fees shall be non-refundable.
History: L. 1996, ch. 138, § 4; L. 2008, ch. 108, § 14; L. 2014, ch. 130, § 5; July 1.
§ 65-1944 Same; address of place of business, licensee to notify board in writing; license to be posted; record of address of licensed facility; notices to licensee; issuance of license
(a) A person who holds a license shall notify the board in writing of the regular address of the licensed establishment where the person performs or intends to perform tattooing, cosmetic tattooing or body piercing and shall keep the license conspicuously posted in the establishment at all times.
(b) The board shall keep a record of the place or places of business of each person who holds a license.
(c) Any notice required to be given by the board to a person who holds a license may be given by mailing the notice to the address of the last place of business of which the person has notified the board.
(d) The board shall issue to each qualified applicant a license to operate a tattooing, cosmetic tattooing or body piercing establishment and to advertise tattooing, cosmetic tattooing or body piercing services for which the establishment is licensed.
(e) Each establishment for tattooing, cosmetic tattooing or body piercing shall conspicuously post the establishment's license in the establishment at all times.
History: L. 1996, ch. 138, § 5; L. 2008, ch. 108, § 15; July 1.
§ 65-1945 Same; expiration; renewal; continuing education
(a) Except as otherwise provided in this section, a license issued under K.S.A. 65-1950, and amendments thereto, expires two years after the date of issue unless renewed by payment of the required non-refundable renewal fee. If payment is transmitted by postal service, the envelope must be postmarked on or before the expiration of the license.
(b) All tattoo artists, cosmetic tattoo artists and body piercers must participate in continuing education, with guidelines and effective date to be established by rules and regulations of the board.
History: L. 1996, ch. 138, § 6; L. 2008, ch. 108, § 16; L. 2014, ch. 130, § 6; July 1.
§ 65-1946 Standards for licensure
Licensed practicing tattoo artists, cosmetic tattoo artists and body piercers shall meet the following standards and any others the board may adopt by rules and regulations:
(a) Tattoo artists, cosmetic tattoo artists and body piercers, and their establishments shall comply with all applicable sanitation standards adopted by the secretary pursuant to K.S.A. 65-1,148, and amendments thereto;
(b) practicing tattoo artists, cosmetic tattoo artists and body piercers shall be equipped with appropriate sterilizing equipment, with availability of hot and cold running water and a covered waste receptacle; and
(c) case history cards shall be kept for each client for a period of three years.
History: L. 1996, ch. 138, § 7; L. 2002, ch. 187, § 15; L. 2008, ch. 108, § 17; L. 2023, ch. 40, § 6; July 1.
§ 65-1947 Same; grounds for revocation, suspension, refusal to issue or renew, censure, limitation or conditioning of licenses and assessment of fines
(a) The board may revoke, censure, limit or condition, suspend, refuse to issue or renew any license issued under this act, or assess a fine, not to exceed $1,000 per violation, on any person or licensee upon proof that a person or licensee:
(1) Has been convicted of a violation under K.S.A. 65-1942, and amendments thereto;
(2) has been convicted of any felony offense in this or any other state and fails to demonstrate, to the board's satisfaction, that such person or licensee has been sufficiently rehabilitated to warrant the public's trust. The board may make recommendations to an applicant as to what constitutes proof of rehabilitation;
(3) has misrepresented, misstated or failed to disclose personal qualifications or other information necessary to practice tattooing, cosmetic tattooing or body piercing in any communication to the board;
(4) has used, caused or promoted the use of any advertising matter, promotional literature, warranty, label, insignia or any other representation, however disseminated or published, that is false, misleading or deceptive;
(5) has deceived the public by acting in a manner as to mislead clients as to the person's professional status;
(6) has employed directly or indirectly any suspended or unlicensed person to perform any tattooing, cosmetic tattooing or body piercing covered by this act;
(7) has obtained or attempted to obtain a license through fraud, bribery, deceit, misrepresentation, or other misconduct;
(8) has practiced tattooing, cosmetic tattooing or body piercing under a false, misleading or deceptive name;
(9) has failed, if a licensed tattoo artist, cosmetic tattoo artist or body piercer, to maintain a business address and telephone number at which the licensee may be reached during business hours;
(10) has failed, if a nonpracticing tattoo artist, cosmetic tattoo artist or body piercer, to provide the board with a home address and telephone number;
(11) has failed to properly and reasonably accept responsibility for the actions of employees;
(12) has practiced tattooing, cosmetic tattooing or body piercing with a mental or physical illness that affects ability to perform or endangers the public;
(13) has demonstrated gross incompetence in performing tattooing, cosmetic tattooing or body piercing;
(14) has become a danger to the public by reason of alcohol or drug abuse; or
(15) has violated any of the provisions of this act or rules and regulations adopted by the board pursuant to this act.
History: L. 1996, ch. 138, § 8; L. 2008, ch. 108, § 18; July 1.
§ 65-1948 Same; powers and duties of board
The powers and duties of the board as related to this act are as follows:
(a) To authorize all disbursements necessary to carry out the provisions of this act;
(b) to determine training and experience requirements for taking the examination and to supervise and administer examinations to test the knowledge of applicants for licensure;
(c) to license persons who apply to the board and who have qualified to practice tattooing, cosmetic tattooing or body piercing;
(d) to renew licenses;
(e) to appoint representatives to conduct or supervise the examination of applicants for licensure;
(f) to designate the time and place for examining applicants for licensure;
(g) to carry out, together with the department or separately, the periodic inspection of establishments of persons who are licensed to practice tattooing, cosmetic tattooing or body piercing;
(h) to issue a tattooing, cosmetic tattooing or body piercing establishment license to qualified applicants upon compliance with this act; and
(i) to appoint or employ subordinate employees.
History: L. 1996, ch. 138, § 9; L. 2008, ch. 108, § 19; July 1.
§ 65-1949 Same; education and training standards prescribed for practice, rules and regulations; testing for knowledge of safety and infection control techniques; inspection of establishments
(a) The board shall adopt rules and regulations to prescribe education and training standards for each of the practices of tattooing, cosmetic tattooing and body piercing.
(b) An applicant seeking licensure as a tattoo artist, cosmetic tattoo artist or body piercer shall be required to demonstrate knowledge of safety and infection control techniques by means of a test conducted by the board.
(c) Each tattoo, cosmetic tattoo or body piercing establishment shall be inspected by the board to ensure that proper safety and infection control techniques are followed before an establishment license is issued.
History: L. 1996, ch. 138, § 10; L. 2008, ch. 108, § 20; July 1.
§ 65-1950 Same; licensure; fees
(a) The board shall assess, by rules and regulations adopted by the board, such non-refundable fees as are necessary to carry out the provisions of this act.
(b) The board shall license each applicant, without discrimination, who proves to the satisfaction of the board, fitness for such licensure as required by this act and upon payment of a non-refundable fee established by the board under this section. Except as provided in K.S.A. 65-1945, and amendments thereto, the board shall issue to the applicant a license that expires two years after the date of issuance.
(c) The board shall establish all fees under this act. The fees and charges established under this section shall not exceed the cost of administering the regulatory program under this act pertaining to the purpose for which the fee or charge is established.
History: L. 1996, ch. 138, § 11; L. 2008, ch. 108, § 21; L. 2014, ch. 130, § 7; July 1.
§ 65-1951 Same; moneys received by board deposited in state treasury; credited to state general fund and cosmetology fee fund
The board, the director or a person authorized by the board shall remit all moneys received by or for it 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the cosmetology fee fund.
History: L. 1996, ch. 138, § 12; L. 2001, ch. 5, § 233; L. 2011, ch. 53, § 30; July 1.
§ 65-1952 Repealed
History: L. 1996, ch. 138, § 13; Repealed, L. 2001, ch. 193, § 20; May 24.
§ 65-1953 Same; performance of body piercing or tattooing on persons under 18, written and notarized consent; penalties
No person shall perform body piercing, cosmetic tattooing or tattooing on or to any person under 18 years of age without the prior written and notarized consent of the parent or court appointed guardian of such person and the person giving such consent must be present during the body piercing, cosmetic tattooing or tattooing procedure. The written permission and a copy of the letters of guardianship when such permission is given by a guardian, shall be retained by the person administering such body piercing, cosmetic tattooing or tattooing for a period of five years. Violation of this section is a class A misdemeanor.
History: L. 1996, ch. 138, § 14; L. 2001, ch. 193, § 5; L. 2008, ch. 108, § 22; July 1.
§ 65-1954 Same; penalties; civil fines; costs and attorney fees; disposition of proceeds
(a) The board, in addition to any other penalty prescribed under the act governing tattoo artists, cosmetic tattoo artists or body piercers, may assess civil fines and costs, including attorney fees, after proper notice and an opportunity to be heard, against any person or entity for a violation of the statutes, rules and regulations or orders enforceable by the board in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation.
(b) In determining the amount of penalty to be assessed pursuant to this section, the board may consider the following factors among others: (1) Willfulness of the violation; (2) repetitions of the violation; and (3) magnitude of the risk of harm caused by the violation.
(c) In addition to a civil penalty and costs, the board may assess investigation and hearing costs against any individual required to be licensed, pursuant to this act, for proceedings which have resulted in a successful action by the board against the individual under K.S.A. 65-1947, and amendments thereto.
(d) All civil 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 cosmetology fee fund. All costs assessed 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.
History: L. 1996, ch. 138, § 15; L. 2001, ch. 5, § 234; L. 2008, ch. 108, § 23; July 1.
§ 65-1955 Repealed
History: L. 2001, ch. 193, § 18; Repealed, L. 2002, ch. 187, § 19; July 1.
§ 65-1956 Administrative proceedings; application of Kansas administrative procedure act and Kansas judicial review act; assessment of costs; final orders; disposition of moneys
(a) For all professions regulated by the Kansas state board of cosmetology pursuant to K.S.A. 65-1940 through 65-1954, and amendments thereto, the board shall conduct any action in any administrative proceeding in accordance with the Kansas administrative procedure act. Such actions shall be reviewable in accordance with the Kansas judicial review act. Judicial review shall be taken if the petitioner files with the clerk of the reviewing court a bond with a sufficient surety, conditioned on the payment of all assessed costs, if the decision of the board is sustained. If appellate review of the district court's decision is sought in accordance with K.S.A. 77-623, and amendments thereto, then the board shall not be required to give a bond on such review.
(b) For all professions regulated by the board pursuant to K.S.A. 65-1940 through 65-1954, and amendments thereto, if the board's order in any administrative proceeding under K.S.A. 65-1940 through 65-1954, and amendments thereto, is adverse to the applicant, apprentice or licensee, then the costs incurred by the board in conducting any investigation or proceeding under the Kansas administrative procedure act may be assessed against the parties to the proceeding in such proportion as the board may determine upon consideration of all relevant circumstances, including the nature of the proceeding and the level of participation by the parties. If the board is not the prevailing party in any such action, then such costs shall be paid from the cosmetology fee fund.
(c) The board shall include any assessment of costs incurred as part of a final order rendered in a proceeding. The order shall include findings and conclusions in support of the assessment of costs.
(d) For purposes of this section, "costs incurred" includes, but is not limited to:
(1) Presiding officer fees and expenses, only if the board has designated or retained the services of an independent contractor or the office of administrative hearings to perform presiding officer functions;
(2) costs of preparing any transcripts;
(3) reasonable investigative costs;
(4) witness fees and expenses; and
(5) mileage, travel expenses and subsistence allowances of board employees and fees and expenses of agents of the board who provide services under K.S.A. 74-2702, and amendments thereto.
(e) All moneys collected by the board following or arising from board proceedings shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount into the state treasury to the credit of the cosmetology fee fund.
(f) This section shall be a part of and supplemental to K.S.A. 65-1940 through 65-1954, and amendments thereto.
History: L. 2023, ch. 40, § 1; July 1.
§ 65-1957 Charitable event permits; application, requirements and limitations
(a) Any person may apply to the Kansas state board of cosmetology for a charitable event permit. Any such application shall be on a form and in a manner approved by the board and accompanied by the fee established under K.S.A. 65-1950, and amendments thereto.
(b) The board may grant a charitable event permit for any event at any location in the state of Kansas where persons licensed by the board to practice any profession regulated under K.S.A. 65-1940 through 65-1954, and amendments thereto, will provide services authorized under K.S.A. 65-1940 through 65-1954, and amendments thereto, at no cost to recipients. Any charitable event permit granted under this section shall expire not later than 30 days after issuance by the board.
(c) The board shall adopt rules and regulations as necessary to implement and administer this section. Such rules and regulations shall be adopted on or before December 31, 2023.
(d) As used in this section:
(1) "Charitable event" means an event conducted for a charitable purpose, whether indoors or outdoors, that is held at a specified time and location where services are provided by licensed practitioners at no cost to recipients, as a charity to recipients, or charitable causes approved by the board.
(2) "Charitable purpose" means any purpose that promotes, or purports to promote, directly or indirectly, the well-being, in general or limited to certain activities, endeavors or projects, of the public at large, any number of persons or any humane purpose.
(e) This section shall be a part of and supplemental to K.S.A. 65-1940 through 65-1954, and amendments thereto.
History: L. 2023, ch. 40, § 2; July 1.
§ 65-1958 Temporary location or temporary guest artist permits; application, requirements and limitations
(a) Any person may apply to the Kansas state board of cosmetology for a temporary location or temporary guest artist permit. Any such application shall be on a form and in a manner approved by the board and accompanied by the fee established under K.S.A. 65-1950, and amendments thereto.
(b) (1) The board may grant a temporary location permit to a person authorized under K.S.A. 65-1940 through 65-1954, and amendments thereto. If a person who applies for a temporary location permit is not licensed in this state, the board may grant a temporary location permit if:
(A) Such person is licensed to practice such profession regulated under K.S.A. 65-1940 through 65-1954, and amendments thereto, in another state or jurisdiction; and
(B) such license has not been revoked, suspended or conditioned from the practice of such profession.
(2) The board may grant a temporary guest artist permit to a person to provide services authorized under K.S.A. 65-1940 through 65-1954, and amendments thereto, at a state or national convention, an establishment licensed by the Kansas state board of cosmetology or any other event location approved by the board. If a person who applies for a temporary guest artist permit to provide such services is not licensed in this state, the board may grant a temporary guest artist permit if:
(A) Such person is licensed to practice such profession regulated under K.S.A. 65-1940 through 65-1954, and amendments thereto, in another state or jurisdiction; and
(B) such license has not been revoked, suspended or conditioned from the practice of such profession.
(3) If an application for a temporary location or temporary guest artist permit is submitted by a citizen of a foreign country who has not been issued a social security number nor been licensed by any other state, the board shall not require the applicant to submit a social security number and shall instead accept a valid visa or passport identification number.
(4) Any temporary location or temporary guest artist permit issued under this section shall expire not later than 14 days after issuance by the board.
(c) The board shall adopt rules and regulations as necessary to implement and administer this section. Such rules and regulations shall be adopted on or before December 31, 2023.
(d) This section shall be a part of and supplemental to K.S.A. 65-1940 through 65-1954, and amendments thereto.
History: L. 2023, ch. 40, § 3; L. 2025, ch. 39, § 1; July 1.
§ 65-1959 Cosmetologist compact; facilitating interstate practice of cosmetologists
This section shall be known and may be cited as the cosmetologist licensure compact.
ARTICLE 1—PURPOSE
(a) The purpose of this compact is to facilitate the interstate practice and regulation of cosmetology with the goal of improving public access thereto, the safety of cosmetology services and reducing unnecessary burdens related to cosmetology licensure. Through this compact the member states seek to establish a regulatory framework that provides for a new multistate licensing program. Through this new licensing program, the member states seek to provide increased value and mobility to licensed cosmetologists in the member states, while ensuring the provision of safe, effective and reliable services to the public.
(b) This compact is designed to achieve the following objectives, which are ratified by the member states to this compact:
(1) Provide opportunities for interstate practice by cosmetologists who meet uniform requirements for multistate licensure;
(2) enhance the abilities of member states to protect public health and safety and prevent fraud and unlicensed activity within the profession;
(3) ensure and encourage cooperation between member states in the licensure and regulation of the practice of cosmetology;
(4) support relocating military members and their spouses;
(5) facilitate the exchange of information between member states related to the licensure, investigation and discipline of the practice of cosmetology; and
(6) provide for the licensure and mobility of the workforce in the profession while addressing the shortage of workers and lessening the associated burdens on the member states.
ARTICLE 2—DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein:
(a) "Active military member" means any person with full-time duty status in the armed forces of the United States, including members of the national guard and reserve.
(b) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a member state's laws that is imposed by a state licensing authority or other regulatory body against a cosmetologist, including actions against an individual's license or authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee's practice or any other encumbrance on a license affecting an individual's ability to participate in the cosmetology industry, including the issuance of a cease and desist order.
(c) "Authorization to practice" means a legal authorization associated with a multistate license permitting the practice of cosmetology in that remote state, which shall be subject to the enforcement jurisdiction of the state licensing authority in that remote state.
(d) "Alternative program" means a non-disciplinary monitoring or prosecutorial diversion program approved by a member state's state licensing authority.
(e) "Background check" means the submission of information for an applicant for the purpose of obtaining such applicant's criminal history record information, as further defined in C.F.R. § 20.3(d), from the federal bureau of investigation and the agency responsible for retaining state criminal or disciplinary history in the applicant's home state.
(f) "Charter member state" means member states that have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as defined in article 13.
(g) "Commission" means the governmental agency whose membership consists of all states that have enacted this compact, known as the cosmetology licensure compact commission, as defined in article 9, and shall operate as an instrumentality of the member states.
(h) "Cosmetologist" means an individual licensed in their home state to practice cosmetology.
(i) "Cosmetology", "cosmetology services" and the "practice of cosmetology" mean the care and services provided by a cosmetologist as set forth in the member state's statutes and regulations in the state where the services are being provided.
(j) "Current significant investigative information" means:
(1) Investigative information that a state licensing authority, after an inquiry or investigation that complies with a member state's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that state's laws regarding fraud or the practice of cosmetology; or
(2) investigative information that indicates that a licensee has engaged in fraud or represents an immediate threat to public health and safety, regardless of whether the licensee has been notified and had an opportunity to respond.
(k) "Data system" means a repository of information about licensees, including, but not limited to, license status, investigative information and adverse actions.
(l) "Disqualifying event" means any event that shall disqualify an individual from holding a multistate license under this compact, which the commission may by rule or order specify.
(m) "Encumbered license" means a license in which an adverse action restricts the practice of cosmetology by a licensee, or where said adverse action has been reported to the commission.
(n) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of cosmetology by a state licensing authority.
(o) "Executive committee" means a group of delegates elected or appointed to act on behalf of and within the powers granted to them by the commission.
(p) "Home state" means the member state that is a licensee's primary state of residence where such licensee holds an active and unencumbered license to practice cosmetology.
(q) "Investigative information" means information, records or documents received or generated by a state licensing authority pursuant to an investigation or other inquiry.
(r) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of cosmetology in a state.
(s) "Licensee" means an individual who currently holds a license from a member state to practice as a cosmetologist.
(t) "Member state" means any state that has adopted this compact.
(u) "Multistate license" means a license issued by and subject to the enforcement jurisdiction of the state licensing authority in a licensee's home state that authorizes the practice of cosmetology in member states and includes authorizations to practice cosmetology in all remote states pursuant to this compact.
(v) "Remote state" means any member state other than the licensee's home state.
(w) "Rule" means any rule or regulation adopted by the commission under this compact that has the force of law.
(x) "Single-state license" means a cosmetology license issued by a member state that authorizes practice of cosmetology only within the issuing state and does not include any authorization outside of the issuing state.
(y) "State" means a state, territory or possession of the United States and the District of Columbia.
(z) "State licensing authority" means a member state's regulatory body responsible for issuing cosmetology licenses or otherwise overseeing the practice of cosmetology in that state.
ARTICLE 3—MEMBER STATE REQUIREMENTS
(a) To be eligible to join this compact and maintain eligibility as a member state, a state shall:
(1) License and regulate cosmetology;
(2) have a mechanism or entity in place to receive and investigate complaints about licensees practicing in that state;
(3) require that licensees within the state pass a cosmetology competency examination prior to being licensed to provide cosmetology services to the public in that state;
(4) require that licensees satisfy educational or training requirements in cosmetology prior to being licensed to provide cosmetology services to the public in that state;
(5) implement procedures for considering one or more of the following categories of information from applicants for licensure: Criminal history; disciplinary history; or background check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's background check as defined herein;
(6) participate in the data system, including through the use of unique identifying numbers;
(7) share information related to adverse actions with the commission and other member states, both through the data system and otherwise;
(8) notify the commission and other member states, in compliance with the terms of the compact and rules of the commission, of the existence of investigative information or current significant investigative information in the state's possession regarding a licensee practicing in that state;
(9) comply with such rules as may be enacted by the commission to administer the compact; and
(10) accept licensees from other member states as established herein.
(b) Member states may charge a fee for granting a license to practice cosmetology.
(c) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state, except that the single-state license granted to these individuals shall not be recognized as granting a multistate license to provide services in any other member state.
(d) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(e) A multistate license issued to a licensee by a home state to a resident of that state shall be recognized by each member state as authorizing a licensee to practice cosmetology in each member state.
(f) At no point shall the commission have the power to define the educational or professional requirements for a license to practice cosmetology. The member states shall retain sole jurisdiction over the provision of these requirements.
ARTICLE 4—MULTISTATE LICENSE
(a) To be eligible to apply to their home state's state licensing authority for an initial multistate license under this compact, a licensee must hold an active and unencumbered single-state license to practice cosmetology in such licensee's home state.
(b) Upon the receipt of an application for a multistate license, according to the rules of the commission, a member state's state licensing authority shall ascertain whether the applicant meets the requirements for a multistate license under this compact.
(c) If an applicant meets the requirements for a multistate license under this compact and any applicable rules of the commission, the state licensing authority in receipt of the application shall, within a reasonable time, grant a multistate license to that applicant and inform all member states of the grant of such multistate license.
(d) A multistate license to practice cosmetology issued by a member state's state licensing authority shall be recognized by each member state as authorizing the practice thereof as though that licensee held a single-state license to do so in each member state, subject to the restrictions herein.
(e) A multistate license granted pursuant to this compact may be effective for a definite period of time, concurrent with the licensure renewal period in the home state.
(f) To maintain a multistate license under this compact, a licensee shall:
(1) Agree to abide by the rules of the state licensing authority and the state scope of practice laws governing the practice of cosmetology of any member state where the licensee provides services;
(2) pay all required fees related to the application and process and any other fees that the commission may, by rule, require; and
(3) comply with any and all other requirements regarding multistate licenses that the commission may, by rule, provide.
(g) A licensee practicing in a member state is subject to all scope of practice laws governing cosmetology services in that state.
(h) The practice of cosmetology under a multistate license granted pursuant to this compact shall subject the licensee to the jurisdiction of the state licensing authority, the courts and the laws of the member state where the cosmetology services are provided.
ARTICLE 5—REISSUANCE OF A MULTISTATE LICENSE
BY A NEW HOME STATE
(a) A licensee may hold a multistate license, issued by their home state, in only one member state at any given time.
(b) If a licensee changes such licensee's home state by moving between two member states:
(1) The licensee shall immediately apply for the reissuance of such multistate license in such licensee's new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission;
(2) upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state shall be deactivated and all member states notified in accordance with the applicable rules adopted by the commission;
(3) if required for initial licensure, the new home state may require a background check as specified in the laws of that state, or the compliance with any jurisprudence requirements of the new home state; and
(4) notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then such licensee shall be subject to the new home state requirements for the issuance of a single-state license in that state.
(c) If a licensee changes such licensee's primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state.
(d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states, except that, for the purposes of this compact, a licensee shall have only one home state and one multistate license.
(e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.
ARTICLE 6—AUTHORITY OF THE COMPACT COMMISSION
AND MEMBER STATE LICENSING AUTHORITIES
(a) Nothing in this compact, nor any rule or regulation of the commission, shall be construed to limit, restrict or in any way reduce the ability of a member state to enact and enforce laws, rules or regulations related to the practice of cosmetology in that state where those laws, rules or regulations are not inconsistent with the provisions of this compact.
(b) Insofar as practicable, a member state's state licensing authority shall cooperate with the commission and with each entity exercising independent regulatory authority over the practice of cosmetology according to the provisions of this compact.
(c) Discipline shall be the sole responsibility of the state where cosmetology services are provided. Accordingly, each member state's state licensing authority shall be responsible for receiving complaints about individuals practicing cosmetology in that state and for communicating all relevant investigative information about any such adverse action to the other member states through the data system in addition to any other methods the commission may require by rule.
ARTICLE 7—ADVERSE ACTIONS
(a) A licensee's home state shall have exclusive power to impose an adverse action against a licensee's multistate license issued by the home state.
(b) A home state may take adverse action on a multistate license based on the investigative information, current significant investigative information or adverse action of a remote state.
(c) In addition to the powers conferred by state law, each remote state's state licensing authority shall have the power to:
(1) Take adverse action against a licensee's authorization to practice cosmetology through the multistate license in that member state, except that:
(A) Only the licensee's home state shall have the power to take adverse action against the multistate license issued by the home state; and
(B) for the purposes of taking adverse action, the home state's state licensing authority shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine the appropriate action;
(2) issue cease and desist orders or impose an encumbrance on a licensee's authorization to practice within that member state;
(3) complete any pending investigations of a licensee who changes their primary state of residence during the course of such an investigation. The state licensing authority shall also be empowered to report the results of such an investigation to the commission through the data system as described herein;
(4) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a state licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing state licensing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located;
(5) if otherwise permitted by state law, recover from the affected licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee; and
(6) take adverse action against the licensee's authorization to practice in that state based on the factual findings of another remote state.
(d) A licensee's home state shall complete any pending investigation of a cosmetologist who changes such licensee's primary state of residence during the course of the investigation. The home state shall also have the authority to take appropriate action and promptly report the conclusions of the investigations to the data system.
(e) If an adverse action is taken by the home state against a licensee's multistate license, the licensee's authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose an adverse action against a licensee's multistate license shall include a statement that the cosmetologist's authorization to practice is deactivated in all member states during the pendency of the order.
(f) Nothing in this compact shall override a member state's authority to accept a licensee's participation in an alternative program in lieu of adverse action. A licensee's multistate license shall be suspended for the duration of the licensee's participation in any alternative program.
(g) Joint investigations.
(1) In addition to the authority granted to a member state by its respective scope of practice laws or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
ARTICLE 8—ACTIVE MILITARY MEMBERS AND THEIR SPOUSES
Active military members or their spouses shall designate a home state where the individual has a current license to practice cosmetology in good standing. The individual may retain their home state designation during any period of service when that individual or their spouse is on active duty assignment.
ARTICLE 9—ESTABLISHMENT AND OPERATION OF
THE COSMETOLOGY LICENSURE COMPACT COMMISSION
(a) The compact member states create and establish a joint government agency whose membership consists of all member states that have enacted the compact, which shall be known as the cosmetology licensure compact commission. The commission is an instrumentality of the compact member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in article 13.
(b) Membership, voting and meetings.
(1) Each member state shall have and be limited to one delegate selected by such member state's state licensing authority.
(2) The delegate shall be an administrator of the state licensing authority of the member state or their designee.
(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend removal or suspension of any delegate from office.
(5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy. Each delegate shall be entitled to one vote on all matters that are voted on by the commission.
(6) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference or other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
(2) establish code of conduct and conflict of interest policies;
(3) adopt rules and bylaws;
(4) maintain the commission's financial records in accordance with the bylaws;
(5) meet and take such actions as are consistent with the provisions of this compact, the commission's rules and the bylaws;
(6) initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing authority to sue or be sued under applicable law shall not be affected;
(7) maintain and certify records and information provided to a member state as the authenticated business records of the commission and designate an agent to do so on the commission's behalf;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(12) as set forth in the commission rules, charge a fee to a licensee for the grant of a multistate license and thereafter, as may be established by commission rule, charge the licensee a multistate license renewal fee for each renewal period. Nothing herein shall be construed to prevent a home state from charging a licensee a fee for a multistate license or renewals of a multistate license or a fee for the jurisprudence requirement if the member state imposes such a requirement for the grant of a multistate license;
(13) assess and collect fees;
(14) accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials and services, and receive, utilize and dispose of the same, except that, at all times, the commission shall avoid any appearance of impropriety or conflict of interest;
(15) lease, purchase, retain, own, hold, improve or use any property, real, personal or mixed, or any undivided interest therein;
(16) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(17) establish a budget and make expenditures;
(18) borrow money;
(19) appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives and consumer representatives and such other interested persons as may be designated in this compact and the bylaws;
(20) provide and receive information from, and cooperate with, law enforcement agencies;
(21) elect a chair, vice chair, secretary and treasurer and such other officers of the commission as provided in the commission's bylaws;
(22) establish and elect an executive committee, including a chair and a vice chair;
(23) adopt and provide an annual report to the member states;
(24) determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and
(25) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties and responsibilities of the executive committee shall include:
(A) Overseeing the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission's rules and bylaws and other such duties as deemed necessary;
(B) recommending to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees and other fees;
(C) ensuring compact administration services are appropriately provided, including by contract;
(D) preparing and recommending the budget;
(E) maintaining financial records on behalf of the commission;
(F) monitoring compact compliance of member states and providing compliance reports to the commission;
(G) establishing additional committees as necessary;
(H) exercising the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
(I) other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to seven voting members:
(A) The chair and vice chairperson of the commission and any other members of the commission who serve on the executive committee shall be voting members of the executive committee.
(B) Other than the chair, vice chair, secretary and treasurer, the commission shall elect three voting members from the current membership of the commission.
(C) The commission may elect ex officio, nonvoting members from a recognized national cosmetology professional association as approved by the commission. The commission's bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this article.
(3) The commission may remove any member of the executive committee as provided in the commission's bylaws.
(4) The executive committee shall meet at least annually.
(A) Annual executive committee meetings, as well as any executive committee meeting at which the commission does not take or intend to take formal action on a matter for which a commission vote would otherwise be required, shall be open to the public, except that the executive committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters specified in article 9(f)(4).
(B) The executive committee shall give five business days advance notice of its public meetings, posted on its website and as determined to provide notice to persons with an interest in the public matters that the executive committee intends to address at those meetings.
(5) The executive committee may hold an emergency meeting when acting for the commission to:
(A) Meet an imminent threat to public health, safety or welfare;
(B) prevent a loss of commission or member state funds; or
(C) protect public health and safety.
(e) The commission shall adopt and provide an annual report to the member states.
(f) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to article 9(f)(4) shall be open to the public. Notice of public meetings shall be posted on the commission's website at least 30 days prior to the public meeting.
(2) Notwithstanding article 9(f)(1), the commission may convene an emergency public meeting by providing at least 24 hours' prior notice on the commission's website and any other means as provided in the commission's rules for any of the reasons it may dispense with notice of proposed rulemaking under article 11(l). The commission's legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
(3) Notice of all commission meetings shall provide the time, date and location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.
(4) The commission may convene in a closed, non-public meeting for the commission to discuss:
(A) Non-compliance of a member state with its obligations under the compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) current or threatened discipline of a licensee by the commission or by a member state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(F) accusing any person of a crime or formally censuring any person;
(G) trade secrets or commercial or financial information that is privileged or confidential;
(H) information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;
(K) legal advice;
(L) matters specifically exempted from disclosure to the public by federal or member state law; or
(M) other matters as adopted by the commission by rule. If a meeting, or portion of a meeting, is closed, the presiding officer shall state that such meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(5) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate sources of revenue, donations and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which shall be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall adopt by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any member states, except by and with the authority of such member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit such immunity granted in this paragraph.
(2) The commission shall defend any member, officer, executive director, employee and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph shall be construed to prohibit such person from retaining their own counsel at their own expense and that the actual or alleged act, error or omission did not result from such person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman antitrust act of 1890, the Clayton act 15 U.S.C. §§ 17-27 or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
ARTICLE 10—DATA SYSTEM
(a) The commission shall provide for the development, maintenance, operation and utilization of a coordinated database and reporting system.
(b) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.
(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license and information related thereto;
(4) non-confidential information related to alternative program participation, the beginning and ending dates of such participation and other information related to such participation;
(5) any denial of application for licensure and the reason for such denial, excluding the reporting of any criminal history record information when prohibited by law;
(6) the existence of investigative information;
(7) the existence of current significant investigative information; and
(8) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission and be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state.
(e) The existence of current significant investigative information and the existence of investigative information pertaining to a licensee in any member state shall only be available to other member states.
(f) It shall be the responsibility of the member states to monitor the database to determine whether adverse action has been taken against such a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any member state shall be available to any other member state.
(g) Member states contributing information to the data system may designate information that shall not be shared with the public without the express permission of the contributing state.
(h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
ARTICLE 11—RULEMAKING
(a) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, the powers granted under this compact or based upon another applicable standard of review.
(b) The rules of the commission shall have the force of law in each member state, except that where the rules of the commission conflict with the laws of the member state that establish the member state's scope of practice laws governing the practice of cosmetology as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in such state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.
(d) If a majority of the legislatures of the member states rejects a rule or a portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state or to any state applying to participate in the compact.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.
(g) Prior to adoption of a proposed rule by the commission and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform;
(2) to persons who have requested notice of the commission's notices of proposed rulemaking; and
(3) in such other way as the commission may by rule specify.
(h) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date and location of the meeting where the commission will consider and vote on the proposed rule;
(2) if the hearing is held via telecommunication, video conference or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
(3) the text of the proposed rule and the reason therefor;
(4) a request for comments on the proposed rule from any interested person; and
(5) the manner in which interested persons may submit written comments.
(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(j) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this article.
(k) The commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The commission may adopt changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in article 11(l), the effective date of the rule shall not be earlier than 45 days after the commission issues notice that it has adopted or amended such rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with five days' notice, with opportunity to comment, except the usual rulemaking procedures provided in the compact and this article shall be retroactively applied to the rule as soon as reasonably possible, not later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be adopted immediately to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the adoption of a rule that is established by federal law or rule; or
(4) protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(n) No member state's rulemaking requirements shall apply under this compact.
ARTICLE 12—OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing in this compact shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact or adopted rules.
(b) Default, technical assistance and termination.
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or adopted rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, any other action that the commission may take and offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member states.
(3) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(4) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority and each of the member states' state licensing authority.
(5) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(6) Upon the termination of a state's membership from this compact, such state shall immediately provide notice to all licensees who hold a multistate license within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of said notice of termination.
(7) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact unless agreed upon in writing between the commission and the defaulting state.
(8) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(c) Dispute resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission's rules.
(2) By majority vote as provided by commission rule, the commission may initiate legal action against a member state in default in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies in this compact shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law.
(3) A member state may initiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its adopted rules. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(4) No individual or entity other than a member state may enforce this compact against the commission.
ARTICLE 13—EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
(a) The compact shall come into effect on the date that the compact statute is enacted into law in the seventh member state. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
(1) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in article 12.
(2) If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence, and the compact shall remain in effect even if the number of member states should be fewer than seven.
(3) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in article 9(c)(24) to determine if such enactments are materially different from the model compact statute and whether the enactments qualify for participation in the compact.
(4) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(5) Any state that joins the compact shall be subject to the commission's rules and bylaws as they exist on the date that the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the date that the compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute repealing that state's enactment of the compact.
(1) A member state's withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's state licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
ARTICLE 14—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact or of the United States or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding article 14(b), the commission may deny a state's participation in the compact or terminate a member state's participation in the compact, in accordance with the requirements of article 12, if the commission determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
ARTICLE 15—CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS
(a) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) Any laws, statutes, regulations or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the member states are binding in accordance with their terms.
History: L. 2025, ch. 81, § 3; July 1.
Article 20 Regulation of Podiatrists
§ 65-2001 Podiatry act; definitions
As used in the podiatry act, unless the context otherwise requires:
(a) "Board" means the state board of healing arts.
(b) "Podiatrist" means one practicing podiatry.
(c) "Podiatry" means the diagnosis and medical and surgical treatment of all illnesses of the human foot, including the ankle and tendons which insert into the foot as well as the foot, subject to subsection (d) of K.S.A. 65-2002, and amendments thereto.
History: L. 1927, ch. 246, § 1; L. 1979, ch. 197, § 1; L. 2014, ch. 131, § 60; May 22.
§ 65-2002 License required; scope of practice; applicability of act; surgical treatment of the ankle
(a) It shall be unlawful for any person to profess to be a podiatrist, to practice or assume the duties incidental to podiatry, to advertise or hold oneself out to the public as a podiatrist, or to use any sign or advertisement with the word or words podiatrist, foot specialist, foot correctionist, foot expert, practapedist or chiropodist, or any other term or terms indicating that such person is a podiatrist or that such person practices or holds oneself out as practicing podiatry or foot correction in any manner, without first obtaining from the board a license authorizing the practice of podiatry in this state, except as hereinafter provided.
(b) A licensed podiatrist shall be authorized to prescribe such drugs or medicine, and to perform such surgery on the human foot, ankle and tendons that insert into the foot, including amputation of the toes or part of the foot, as may be necessary to the proper practice of podiatry, but no podiatrist shall amputate the human foot or administer any anesthetic other than local.
(c) This act shall not prohibit the recommendation, advertising, fitting or sale of corrective shoes, arch supports, or similar mechanical appliances, or foot remedies by manufacturers, wholesalers or retail dealers.
(d) No podiatrist shall perform surgery on the ankle unless such person has completed a two-year post-doctoral surgical residency program prior to July 1, 2007, or a three-year post-doctoral surgical residency program on or after July 1, 2007, in reconstructive rearfoot/ankle surgery and is either board-certified or board qualified progressing to board certification in reconstructive rearfoot/ankle surgery by a nationally recognized certifying organization acceptable to the board. Surgical treatment of the ankle by a podiatrist shall be performed only in a medical care facility, as defined in K.S.A. 65-425, and amendments thereto.
History: L. 1927, ch. 246, § 2; L. 1951, ch. 362, § 1; L. 1975, ch. 323, § 1; L. 1979, ch. 197, § 2; L. 1988, ch. 246, § 1; L. 1997, ch. 88, § 1; L. 2014, ch. 131, § 61; L. 2019, ch. 68, § 3; July 1.
§ 65-2003 Examination for license to practice podiatry; licensure qualifications; license by endorsement; recognized school of podiatry, criteria
(a) Examinations for a license to practice podiatry in this state shall be held at the same time and place as the examinations held by the board under the Kansas healing arts act. All applicants for a license to practice podiatry under the provisions of this act: (1) Shall have attained the age of 21 years; (2) shall have completed at least four years of instruction in, and be graduates of, a school of podiatry which is recognized as being in good standing by the board; and (3) commencing with applicants for a license to be granted on or after July 1, 1988, shall have completed acceptable postgraduate study as may be established by the board by rules and regulations.
(b) Applicants licensed, registered or certified by a board of examiners of any other state or country whose requirements for licensure, registration or certification are substantially equal to those of this state in the opinion of the state board of healing arts may be granted, upon payment of the endorsement license fee established pursuant to K.S.A. 65-2012, and amendments thereto, a license without examination.
(c) The board shall adopt rules and regulations establishing the criteria which a school of podiatry shall satisfy to be recognized as being in good standing by the board under subsection (a). The board may send a questionnaire developed by the board to any school of podiatry for which the board does not have sufficient information to determine whether the school meets the requirements of subsection (a) and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be recognized as being in good standing. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools of podiatry. In entering such contracts the authority to approve schools shall remain solely with the board.
History: L. 1927, ch. 246, § 4; L. 1951, ch. 362, § 2; L. 1975, ch. 323, § 2; L. 1979, ch. 197, § 3; L. 1983, ch. 213, § 5; L. 1984, ch. 232, § 1; L. 1988, ch. 243, § 9; L. 1988, ch. 246, § 2; L. 1988, ch. 245, § 2; July 1.
§ 65-2004 Nature and scope of examinations; passing grade; fees; reexamination
(a) Except as provided in subsection (b) of K.S.A. 65-2003, and amendments thereto, each applicant for a license to practice podiatry shall be examined by the board in the following subjects: Anatomy, bacteriology, chemistry, dermatology, histology, pathology, physiology, pharmacology and medicine, diagnosis, therapeutics, and clinical podiatry and surgery, limited in their scope to the treatment of the human foot, including the ankle and tendons which insert into the foot as well as the foot. If the applicant possesses the qualifications required by K.S.A. 65-2003, and amendments thereto, completes the examination prescribed with the passing grade as established by rules and regulations of the board and pays to the board the license fee established pursuant to K.S.A. 65-2012, and amendments thereto, such applicant shall be issued a license by the board to practice podiatry in this state.
(b) Each applicant before taking the examination shall pay to the board the examination fee established pursuant to K.S.A. 65-2012, and amendments thereto. Any applicant failing the examination may have a reexamination in accordance with criteria established by rules and regulations of the board, which criteria may limit the number of times an applicant may retake the examination.
History: L. 1927, ch. 246, § 5; L. 1975, ch. 323, § 3; L. 1979, ch. 197, § 4; L. 1987, ch. 239, § 1; L. 1987, ch. 240, § 1; L. 1988, ch. 246, § 3; L. 2014, ch. 131, § 62; May 22.
§ 65-2005 Designation of licensee; expiration and renewal of license; reinstatement of license; temporary permits; temporary licenses; exempt license; display of license or permit; postgraduate permit; inactive license; federally active licensee
(a) A licensee shall be designated a licensed podiatrist and shall not use any title or abbreviations without the designation licensed podiatrist, practice limited to the human foot, including the ankle and tendons which insert into the foot as well as the foot, and shall not mislead the public as to such licensee's limited professional qualifications to treat human ailments. Whenever a registered podiatrist, or words of like effect, is referred to or designated by any statute, contract or other document, such reference or designation shall be deemed to refer to or designate a licensed podiatrist.
(b) The license of each licensed podiatrist shall expire on the date established by rules and regulations of the board which may provide renewal throughout the year on a continuing basis. In each case in which a license is renewed for a period of time of less than one year, the board may prorate the amount of the fee established under K.S.A. 65-2012, and amendments thereto. The request for renewal shall be on a form provided by the board and shall be accompanied by the renewal fee established under K.S.A. 65-2012, and amendments thereto, which shall be paid not later than the expiration date of the license. At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If a licensee fails to pay the renewal fee by the date of expiration, the licensee shall be given a second notice that the licensee's license has expired and the license may be renewed only if the renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, such licensee's license shall be canceled by operation of law and without further proceedings for failure to renew and shall be reissued only after the licensee has been reinstated under subsection (c).
(c) Any licensee who allows the licensee's license to be canceled by failing to renew may be reinstated upon recommendation of the board and upon payment of the renewal fee and the reinstatement fee established pursuant to K.S.A. 65-2012, and amendments thereto, and upon submitting evidence of satisfactory completion of the applicable reeducation and continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate reeducation and continuing education requirements for reinstatement of persons whose licenses have been canceled for failure to renew.
(d) The board, prior to renewal of a license, shall require the licensee, if in the active practice of podiatry within Kansas, to submit to the board evidence satisfactory to the board that the licensee is maintaining a policy of professional liability insurance as required by K.S.A. 40-3402, and amendments thereto, and has paid the annual premium surcharge as required by K.S.A. 40-3404, and amendments thereto.
(e) The board may issue a temporary permit to practice podiatry in this state to any person making application for a license to practice podiatry who meets the required qualifications for a license and who pays to the board the temporary permit fee established pursuant to K.S.A. 65-2012, and amendments thereto. A temporary permit shall authorize the permittee to practice within the limits of the permit until the license is issued or denied to the permittee by the board.
(f) The board may issue a postgraduate permit to practice podiatry to any person engaged in a full-time, approved postgraduate study program; has made application for such postgraduate permit upon a form provided by the board; meets all the qualifications for a license, except the examination required under K.S.A. 65-2004, and amendments thereto; and has paid the fee established pursuant to K.S.A. 65-2012, and amendments thereto. The postgraduate permit shall authorize the person receiving the permit to practice podiatry in the postgraduate study program, but shall not authorize practice outside of the postgraduate study program. The postgraduate permit shall be canceled if the permittee ceases to be engaged in the postgraduate study program.
(g) The board may issue, upon payment to the board of the temporary license fee established pursuant to K.S.A. 65-2012, and amendments thereto, a temporary license to a practitioner of another state or country who is appearing as a clinician at meetings, seminars or training programs approved by the board, if the practitioner holds a current license, registration or certificate as a podiatrist from another state or country and the sole purpose of such appearance is for promoting professional education.
(h) There is hereby created a designation of exempt license. The board is authorized to issue an exempt license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an exempt license established under K.S.A. 65-2012, and amendments thereto. The board may issue an exempt license only to a person who has previously been issued a license to practice podiatry within Kansas, who is no longer regularly engaged in such practice and who does not hold oneself out to the public as being professionally engaged in such practice. An exempt license shall entitle the holder to all privileges attendant to the practice of podiatry. Each exempt license may be renewed annually subject to the other provisions of this section and other sections of the podiatry act. Each exempt licensee shall be subject to all provisions of the podiatry act, except as otherwise provided. The holder of an exempt license shall not be required to submit evidence of satisfactory completion of a program of continuing education required under the podiatry act. Each exempt licensee may apply for a license to regularly engage in the practice of podiatry upon filing a written application with the board and submitting evidence of satisfactory completion of the applicable and continuing education requirements established by the board. The request shall be on a form provided by the board and shall be accompanied by the license fee established under K.S.A. 65-2012, and amendments thereto. The board shall adopt rules and regulations establishing appropriate and continuing education requirements for exempt licensees to become licensed to regularly practice podiatry within Kansas.
(i) There is hereby created a designation of inactive license. The board is authorized to issue an inactive license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an inactive license established pursuant to K.S.A. 65-2012, and amendments thereto. The board may issue an inactive license only to a person who meets all the requirements for a license to practice podiatry in Kansas, who is not regularly engaged in the practice of podiatry in Kansas, who does not hold oneself out to the public as being professionally engaged in such practice and who meets the definition of inactive health care provider as defined in K.S.A. 40-3401, and amendments thereto. An inactive license shall not entitle the holder to practice podiatry in this state. Each inactive license may be renewed subject to the provisions of this section. Each inactive licensee shall be subject to all provisions of the podiatry act, except as otherwise provided in this subsection. The holder of an inactive license shall not be required to submit evidence of satisfactory completion of a program of continuing education required by K.S.A. 65-2010, and amendments thereto. Each inactive licensee may apply for a license to regularly engage in the practice of podiatry upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the license fee established pursuant to K.S.A. 65-2012, and amendments thereto. For those licensees whose license has been inactive for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for inactive licensees to become licensed to regularly practice podiatry within Kansas. Any licensee whose license has been inactive for more than two years and who has not been in the active practice of podiatry or engaged in a formal education program since the licensee has been inactive may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(j) There is hereby created a designation of federally active license. The board is authorized to issue a federally active license to any licensee who makes written application for such license on a form provided by the board and remits the same fee required for a license established under K.S.A. 65-2012, and amendments thereto. The board may issue a federally active license only to a person who meets all the requirements for a license to practice podiatry in Kansas and who practices podiatry solely in the course of employment or active duty in the United States government or any of its departments, bureaus or agencies or who, in addition to such employment or assignment, provides professional services as a charitable health care provider as defined under K.S.A. 75-6102, and amendments thereto. The provisions of subsections (b) and (c) of this section relating to expiration, renewal and reinstatement of a license and K.S.A. 65-2010, and amendments thereto, relating to continuing education shall be applicable to a federally active license issued under this subsection. A person who practices under a federally active license shall not be deemed to be rendering professional service as a health care provider in this state for purposes of K.S.A. 40-3402, and amendments thereto.
(k) Each license or permit granted under this act shall be conspicuously displayed at the office or other place of practice of the licensee or permittee.
(l) A person whose license has been revoked may apply for reinstatement of the license 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 a reinstatement of a revoked license fee established by the board under K.S.A. 65-2012, and amendments thereto. The burden of proof by clear and convincing evidence shall be on the applicant to show sufficient rehabilitation to justify reinstatement of the license. If the board determines 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 provisions of 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. 1927, ch. 246, § 6; L. 1951, ch. 362, § 3; L. 1974, ch. 254, § 1; L. 1975, ch. 323, § 4; L. 1979, ch. 197, § 5; L. 1987, ch. 240, § 2; L. 1988, ch. 246, § 4; L. 1992, ch. 253, § 1; L. 2004, ch. 117, § 15; L. 2010, ch. 17, § 136; L. 2014, ch. 131, § 63; May 22.
§ 65-2006 Suspension, revocation or limitation of licenses and permits; grounds; consent to submit to mental or physical examination implied; professional incompetency and unprofessional conduct defined; hearing procedure
(a) The board, upon hearing, may revoke, suspend or limit any license or permit to practice podiatry, may deny issuance or renewal of any such license or permit, or may publicly or privately censure a licensee or permittee, if the person holding or applying for such license or permit is found by the board to:
(1) Have committed fraud in securing the license or permit;
(2) have engaged in unprofessional or dishonorable conduct or professional incompetency;
(3) have been convicted of a felony if the board determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust;
(4) have used untruthful or improbable statements or flamboyant, exaggerated or extravagant claims in advertisements concerning the licensee's or permit holder's professional excellence or abilities;
(5) be addicted to or have distributed intoxicating liquors or drugs for any other than lawful purposes;
(6) have willfully or repeatedly violated the podiatry act, the pharmacy act or the uniform controlled substances act, or any rules and regulations adopted thereunder, or any rules and regulations of the secretary of health and environment which are relevant to the practice of podiatry;
(7) have unlawfully invaded the field of practice of any branch of the healing arts;
(8) have failed to submit proof of completion of a continuing education course required pursuant to the podiatry act;
(9) have engaged in the practice of podiatry under a false or assumed name or impersonated another podiatrist, but practice by a licensee or permit holder under a professional corporation or other legal entity duly authorized to provide podiatry services in the state shall not be considered to be practice under an assumed name;
(10) be unable to practice podiatry with reasonable skill and safety to patients by reason of any mental or physical condition, illness, alcoholism or excessive use of drugs, controlled substances or chemical or any other type of material;
(11) have had the person's license or permit to practice podiatry revoked, suspended or limited, or have had other disciplinary actions taken or an application for a license or permit denied, by the proper licensing authority of any state, territory or country or the District of Columbia;
(12) have violated any rules and regulations of the board or any lawful order or directive of the board;
(13) have knowingly submitted a misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement; or
(14) have assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto, as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto.
(C) A copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.
(b) In determining whether or not a licensee or permit holder is unable to practice podiatry with reasonable skill and safety to patients as provided in subsection (a)(10), the board, upon probable cause, shall have authority to compel a licensee or permit holder to submit to mental or physical examination by such persons as the board may designate. Failure of a licensee or permit holder to submit to such examination when directed shall constitute an admission of the allegations against the licensee or permit holder, unless the failure was due to circumstances beyond the licensee's or permit holder's control. A person affected by this subsection shall be offered, at reasonable intervals, an opportunity to demonstrate that such person can resume the competent practice of podiatry with reasonable skill and safety to patients. Each licensee or permit holder accepting the privilege to practice podiatry in this state, by practicing podiatry in this state or by making and filing an application for a license or permit, or renewal of a license or permit, to practice podiatry in this state, shall be deemed to have consented to submit to a mental or physical examination when directed in writing by the board pursuant to this subsection and to have waived all objections to the admissibility of the testimony or examination report of the person conducting such examination at any proceeding or hearing before the board on the ground that such testimony or examination report constitutes a privileged communication. The record of any board proceedings involving a mental or physical examination pursuant to this subsection shall not be used in any other administrative or judicial proceeding.
Whenever the board directs that a licensee or permit holder submit to an examination pursuant to this subsection, the time from the date of the board's directive until the submission to the board of the report of the examination shall not be included in the computation of the time limit for hearing prescribed by the Kansas administrative procedure act.
(c) As used in this section, "professional incompetency" and "unprofessional conduct" shall have the meanings ascribed thereto by K.S.A. 65-2837, and amendments thereto.
(d) The procedure for revocation, suspension, limitation, temporary suspension, temporary limitation, or for denial of issuance or renewal pursuant to this section, of any license or permit to practice podiatry shall be in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1927, ch. 246, § 7; L. 1975, ch. 323, § 5; L. 1979, ch. 197, § 6; L. 1984, ch. 313, § 117; L. 1986, ch. 234, § 4; L. 1988, ch. 246, § 5; L. 1998, ch. 142, § 11; L. 2011, ch. 30, § 239; July 1.
§ 65-2007 Violation of act; penalty
Any person who knowingly violates any of the provisions of this act shall, upon conviction thereof, be fined not more than three hundred dollars ($300) or shall be imprisoned in the county jail for a period of not to exceed ninety (90) days.
History: L. 1927, ch. 246, § 9; L. 1975, ch. 323, § 6; July 1.
§ 65-2008 Exceptions to operation of act
This act shall not apply to persons licensed by the state board of healing arts to practice medicine and surgery, nor to the surgeons of the United States army, navy, and United States public health service when in actual performance of their official duties.
History: L. 1927, ch. 246, § 10; L. 1975, ch. 323, § 7; July 1.
§ 65-2009 Injunction or ouster for unlawful practice
An action to enjoin or oust from the unlawful practice of podiatry may be brought and maintained in the name of the state of Kansas against any person who shall practice podiatry without being licensed to practice podiatry by the board. This authority shall be in addition to and not in lieu of authority to prosecute criminally any person unlawfully engaged in the practice of podiatry.
History: L. 1951, ch. 362, § 4; L. 1975, ch. 323, § 8; L. 1988, ch. 246, § 7; July 1.
§ 65-2010 Continuing education
(a) Every licensed podiatrist in the active practice of podiatry within Kansas shall submit with the request for renewal under K.S.A. 65-2005 and amendments thereto evidence of satisfactory completion of a continuing education course approved by the board. The board shall revoke the license of any individual who fails to submit proof of completion of such course. Where a license has been revoked for this cause, the board may later reissue such license if proof of completion of such course is later provided.
(b) Every licensed podiatrist in the active practice of podiatry within Kansas, in order to comply with the provisions of this section, shall complete such hours of continuing education as may be required by the board by rules and regulations. The following categories of continuing education programs shall count toward satisfying the hourly requirement: (1) Programs offered by colleges of podiatry; (2) veterans administration programs; (3) American podiatry association programs; (4) state podiatry association programs; (5) seminars sponsored by recognized specialty groups of the American podiatry association; and (6) the activities of persons publishing papers, presenting clinics, lecturing and teaching shall be granted 10 credit hours for each hour of original presentation and hour for hour credit for additional presentations of the same material.
(c) Formal meetings and seminars which are not included in any category of subsection (b) shall be assigned credit by the board upon the licensee furnishing a copy of the program of such meetings and seminars to the board for the board's approval 30 days prior to the license renewal date. Podiatrists engaged in acceptable internships, residencies, military service or formal graduate study will fulfill their continuing education requirements by the nature of their activities and shall not be required to fulfill the formal requirements for continuing education while involved in the above training programs.
(d) Commercially sponsored courses shall not constitute approved courses for continuing education credit.
(e) Each licensed podiatrist shall be responsible for keeping a record of attendance for credit in compliance with the requirements of continuing education established by this section. Such record shall be submitted to the board at the time required by subsection (a). The board may waive educational requirements set forth in subsections (a) and (b) for good cause shown.
History: L. 1974, ch. 254, § 2; L. 1975, ch. 323, § 9; L. 1988, ch. 246, § 8; July 1.
§ 65-2011 Disposition of moneys; healing arts fee fund
The state board of healing arts shall remit all moneys received by or for it under this act 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such fund shall be made in accordance with the provisions of K.S.A. 65-2855, and amendments thereto.
History: L. 1975, ch. 323, § 10; L. 2001, ch. 5, § 235; L. 2011, ch. 53, § 31; July 1.
§ 65-2012 Fees, establishment within limitations
The following fees shall be established by rules and regulations adopted by the board and shall be collected by the board:
(a) For a license to practice podiatry or an inactive license or federally active license, issued on the basis of an examination, an amount of not more than $300;
(b) for a license to practice podiatry or an inactive license or federally active license, issued without examination and by endorsement, an amount of not more than $300;
(c) for the renewal of a license to practice podiatry or an inactive license or federally active license, an amount of not more than $500;
(d) for the renewal of an exempt license, an amount of not more than $150;
(e) for the renewal of an inactive license, an amount of not more than $150;
(f) for late renewal of any license, an amount of not more than $500;
(g) for reinstatement of a license canceled for failure to renew, an amount of not more than $300;
(h) for a temporary permit, an amount of not more than $60;
(i) for a temporary license, an amount of not more than $50;
(j) for any examination given by the board, an amount equal to the cost to the board of the examination and its administration;
(k) for a certified statement from the board that a licensee is licensed to practice podiatry in this state, an amount of not more than $30;
(l) for any copy of any license issued by the board, an amount of not more than $30;
(m) for written verification of any license issued by the board, an amount of not more than $25;
(n) for conversion of an exempt or inactive license to a license to practice podiatry, an amount of not more than $300;
(o) for reinstatement of a revoked license, an amount of not more than $1,000; and
(p) for a postgraduate permit, an amount of not more than $60.
History: L. 1979, ch. 197, § 7; L. 1988, ch. 246, § 9; L. 1997, ch. 94, § 1; L. 2004, ch. 117, § 16; July 1.
§ 65-2013 Rules and regulations
The board shall adopt such rules and regulations as necessary to carry out the provisions of the podiatry act, and may amend or revoke any existing rules and regulations adopted by the state podiatry board of examiners.
History: L. 1979, ch. 197, § 8; July 1.
§ 65-2014 Citation of act
K.S.A. 65-2001 to 65-2013, inclusive, and amendments thereto, shall be known and may be cited as the podiatry act.
History: L. 1979, ch. 197, § 9; July 1.
§ 65-2015 Civil fine for violation of podiatry act
(a) The state board of healing arts, in addition to any other penalty prescribed under the podiatry act, may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for a violation of the podiatry act in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(b) This section shall be part of and supplemental to the podiatry act.
History: L. 1988, ch. 246, § 6; L. 2001, ch. 5, § 236; July 1.
§ 65-2016 Review committee; establishment and appointment; qualifications; expenses
The state board of healing arts shall establish and appoint a review committee for the practice of podiatry. The review committee shall be composed of not less than two members. The members shall be licensed podiatrists. Additional members of the review committee may be appointed on an ad hoc basis. Such additional members shall be licensed podiatrists. Members of the state board of healing arts shall not be eligible to act as members of the review committee. Members of the review committee may be selected from names submitted by the state podiatry association. The state board of healing arts shall ensure that no conflict of interest exists by reason of geography, personal or professional relationship, or otherwise, between any of the review committee members and any person whose conduct is being reviewed. Members of the review committee attending meetings of such committee shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1992, ch. 137, § 1; July 1.
Article 21 Basic Science Act (Not in active use)
§ 65-2101 Repealed
History: L. 1937, ch. 278, § 1; Repealed, L. 1957, ch. 344, § 15; July 1.
§§ 65-2102, 65-2103 Repealed
History: L. 1937, ch. 278, §§ 2, 3; Repealed, L. 1957, ch. 344, § 15; July 1.
§ 65-2104 Repealed
History: L. 1937, ch. 278, § 4; L. 1956, ch. 52, § 12; Repealed, L. 1957, ch. 344, § 15; July 1.
§§ 65-2105 through 65-2111 Repealed
History: L. 1937, ch. 278, §§ 5 to 11; Repealed, L. 1957, ch. 344, § 15; July 1.
§ 65-2112 Repealed
History: L. 1957, ch. 344, § 1; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2113 Repealed
History: L. 1957, ch. 344, § 2; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2114 Repealed
History: L. 1957, ch. 344, § 3; Repealed, L. 1969, ch. 299, § 21; July 1.
§§ 65-2114a through 65-2114c Repealed
History: L. 1965, ch. 382, §§ 1, 2, 3; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2115 Repealed
History: L. 1957, ch. 344, § 4; L. 1958, ch. 54, § 1 (Budget Session); L. 1963, ch. 398, § 13; L. 1965, ch. 382, § 4; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2116 Repealed
History: L. 1957, ch. 344, § 5; L. 1965, ch. 382, § 5; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2117 Repealed
History: L. 1957, ch. 344, § 6; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2118 Repealed
History: L. 1957, ch. 344, § 7; L. 1965, ch. 382, § 6; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2119 Repealed
History: L. 1957, ch. 344, § 8; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2120 Repealed
History: L. 1957, ch. 344, § 9; L. 1965, ch. 382, § 7; Repealed, L. 1969, ch. 299, § 21; July 1.
§§ 65-2121, 65-2122 Repealed
History: L. 1957, ch. 344, §§ 10, 11; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2123 Repealed
History: L. 1957, ch. 344, § 12; L. 1965, ch. 382, § 8; Repealed, L. 1969, ch. 299, § 21; July 1.
§§ 65-2124, 65-2125 Repealed
History: L. 1957, ch. 344, §§ 13, 14; Repealed, L. 1969, ch. 299, § 21; July 1.
Article 22 Fees of Licensees in Military Service (Not in active use)
§§ 65-2201 through 65-2205 Repealed
Revisor's Note: Later act, see 48-3401 et seq.
History: L. 1943, ch. 227, §§ 1 to 5; Repealed, L. 1991, ch. 282, § 8; May 2.
Article 23 Enrichment of Flour and Bread
§ 65-2301 Definitions
When used in this act:
(a) The term "flour" includes and shall be limited to the foods defined as (1) flour, white flour, wheat flour, plain flour, (2) bromated flour, (3) self-rising flour, self-rising white flour, self-rising wheat flour, and (4) phosphated flour, phosphated white flour, and phosphated wheat flour but excludes whole wheat flour and also excludes special flours not used for bread, roll, bun or biscuit baking, such as specialty cake, pancake and pastry flours in the definitions and standards of identity and quality adopted and published by the secretary of health and environment under the authority vested in the secretary by the Kansas food, drug and cosmetic act.
(b) The term "enriched" as applied to flour, means the addition to flour of the vitamins and minerals necessary to make it conform to definition and standard of identity of enriched flour, enriched bromated flour, enriched self-rising flour or enriched phosphated flour, as the case may be as fixed and established by the secretary of health and environment under authority vested in the secretary by the general food and drug acts, such standards to be identical with those established by the proper federal agency under the federal food, drug, and cosmetic act of 1938, unless in the opinion of the secretary changes made in the federal standards subsequent to the effective date of this act will not serve the best interests of the citizens of the state of Kansas or are oppressive to the milling and baking industries of the state.
(c) The term "enriched" as applied to white bread or rolls, means the addition to white bread or rolls of the vitamins and minerals necessary to make it conform to the definition and standard of identity of enriched white bread or rolls as fixed and established by the secretary of health and environment under authority vested in the secretary by the general food and drug acts, such standards to be identical with those established by the proper federal agency under the federal food, drug and cosmetic act of 1938, unless in the opinion of the secretary, changes made in the federal standards subsequent to the effective date of this act, will not serve the best interests of the citizens of the state of Kansas or are oppressive to the baking industry of the state. The enrichment of white bread or rolls may be accomplished through the use of enriched flour, enriched yeast, other enriched ingredients, synthetic vitamins, harmless iron salts, or by any combination of harmless methods which will produce enriched white bread or rolls which meet the requirements of this subsection; but iron shall be added only in forms that are assimilable and harmless and which do not impair the enriched bread or rolls.
(d) The term "white bread" means any bread, whether baked in a pan or on a hearth or screen which is commonly known or usually represented and sold as white bread, including but not restricted to Vienna bread, French bread, Italian bread and any bread which is included in the definition and standard of identity for "white bread" adopted by the secretary of health and environment under authority vested in it by the general food and drug acts.
(e) "Rolls" include plain white rolls and buns of the semibread dough type, such as soft rolls, hamburger, hot dog, parker house, hard rolls such as Vienna, kaiser, etc., all made without fillings or icings but shall not include yeast-raised sweet rolls or sweet buns, cinnamon rolls or buns, butterfly rolls, etc.
(f) The term "secretary" shall mean the secretary of health and environment.
(g) The term "person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust or an unincorporated organization to the extent engaged in the manufacture of or sale of flour, white bread or rolls.
History: L. 1947, ch. 331, § 1; L. 1975, ch. 462, § 97; July 1.
§ 65-2302 Flour manufacture or sale; exceptions; certificate
It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale in this state, for human consumption therein any flour unless the same shall be enriched. The provisions of this section shall not apply to flour sold to bakers or other commercial secondary processors if, prior to or simultaneously with delivery, the purchaser furnishes to the seller a certificate of intent in such form as the secretary of health and environment shall, by regulation, prescribe certifying that such flour shall be used only in the manufacture, mixing or compounding of flour or white bread or rolls enriched to meet the requirements of this act or of products other than flour or white bread or rolls. It shall be unlawful for any such purchaser so furnishing any such certificate of intent to use the flour so purchased in any manner other than as stated in such certificate.
History: L. 1947, ch. 331, § 2; L. 1975, ch. 462, § 98; July 1.
§ 65-2303 White bread or rolls
It shall be unlawful for any person to manufacture, bake, sell or offer for sale, in this state, for human consumption therein, any white bread or rolls unless the same conforms to the definition and standard of identity, then in effect for enriched bread or enriched rolls, as fixed and established by order of the secretary of health and environment pursuant to the provisions of the general food and drug acts.
History: L. 1947, ch. 331, § 3; L. 1975, ch. 462, § 99; July 1.
§ 65-2304 Labeling requirements; exception
It shall be unlawful to sell or offer for sale, in this state, for human consumption therein, any enriched flour or wrapped enriched white bread or enriched rolls, which fail to conform to the labeling requirements of the general food and drug acts, and the regulation promulgated thereunder, with respect to such product when introduced in intrastate commerce: Provided, This section shall not apply to white bread or rolls which bear no labeling of any kind and which are sold directly to the consumer by the manufacturer thereof.
History: L. 1947, ch. 331, § 4; June 30.
§ 65-2305 Enforcement by secretary of health and environment; rules, regulations and orders; notice and hearing
(a) The secretary of health and environment shall have the power and authority and is hereby charged with the duty of enforcing the provisions of this act, and the secretary is hereby authorized and directed to make, amend or revoke rules and regulations and orders for the efficient enforcement of this act.
(b) In the event of findings by the secretary that there is an existing or imminent shortage of any ingredient required to enrich flour, white bread or rolls in order to comply with this act, and that because of such shortage the sale and distribution of flour or white bread or rolls may be impeded by the enforcement of this act, the secretary shall issue an order, to be effective immediately upon issuance, permitting the omission of such ingredient from flour or white bread or rolls; and if the secretary finds it necessary or appropriate, excepting such foods from the labeling requirements of this act until the further order of the secretary. Any such findings may be made without hearing on the basis of an order or of factual information supplied by the appropriate agency or officer. In the absence of any such order of the appropriate agency or factual information supplied by it, the secretary on the secretary's own motion may, and upon receiving the sworn statement of 10 or more persons subject to this act that they believe such a shortage exists or is imminent shall hold a public hearing as provided in subsection (f) with respect thereto, at which any interested person may present evidence; and shall make findings based upon the evidence presented.
(c) Whenever the secretary has reason to believe that such shortage no longer exists, the secretary shall hold a public hearing as provided in subsection (f), after notice shall have been given as provided in K.S.A. 77-421, prior to adoption of rules and regulations, at which any interested person may present evidence, and the secretary shall make findings based upon the evidence so presented. If the secretary's findings be that such shortage no longer exists, the secretary shall issue an order revoking such previous order. Undisposed floor stocks of flour on hand at the effective date of such revocation order, or flour manufactured prior to such effective date, for sale in this state may thereafter be lawfully sold or disposed of.
(d) All orders and rules and regulations adopted by the secretary pursuant to this act shall become effective as provided by law.
(e) For the purposes of this act, the secretary is authorized to take samples for analysis and to conduct examinations and investigations through any officers or employees under the secretary's supervision, and all such officers and employees shall have authority to enter, at reasonable times, any factory, mill, warehouse, shop or establishment where flour, white bread or rolls are manufactured, processed, packed, sold, or held, or any vehicle being used for the transportation thereof, and to inspect any such place or vehicle and any flour, white bread or rolls therein, and all pertinent equipment, materials, containers and labeling.
(f) All administrative proceedings conducted pursuant to article 23 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and the Kansas judicial review act. In conducting the hearing the secretary or the presiding officer may issue subpoenas to compel the attendance of witnesses, administer oaths, take testimony, require the production of books, papers, records, correspondence or other documents which the secretary or the presiding officer deems relevant and render decisions. In case of the refusal of any person to comply with any subpoena issued under this section or to testify with respect to any matter about which the person may be lawfully questioned, the district court of any county on application of the secretary may issue an order requiring such person to comply with the subpoena and to testify, and any failure to obey the order of the court may be punished by the court as a contempt thereof.
History: L. 1947, ch. 331, § 5; L. 1965, ch. 506, § 32; L. 1975, ch. 462, § 100; L. 1982, ch. 258, § 8; L. 2004, ch. 145, § 24; L. 2010, ch. 17, § 137; July 1.
§ 65-2306 Penalty for violations
Any person who violates any of the provisions of this act, or orders, rules or regulations promulgated by the secretary of health and environment under authority thereof, shall upon conviction thereof be subject to fine for each and every offense, and in a sum not exceeding one hundred dollars ($100).
History: L. 1947, ch. 331, § 6; L. 1975, ch. 462, § 101; July 1.
§ 65-2307 Invalidity of part
If any provision of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.
History: L. 1947, ch. 331, § 7; June 30.
Article 24 Uniform Vital Statistics Act
§ 65-2401 Definitions
As used in this act:
(a) "Vital statistics" includes the registration, preparation, transcription, collection, compilation, and preservation of data pertaining to birth, adoption, legitimation, death, stillbirth, marriage, divorce, annulment of marriage, induced termination of pregnancy, and data incidental thereto.
(b) "Live birth" means the complete expulsion or extraction from its mother of a human child, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.
(c) "Gestational age" means the age of the human child as measured in weeks as determined by either the last date of the mother's menstrual period, a sonogram conducted prior to the 20th week of pregnancy or the confirmed known date of conception.
(d) "Stillbirth" means any complete expulsion or extraction from its mother of a human child the gestational age of which is not less than 20 completed weeks, resulting in other than a live birth, as defined in this section, and which is not an induced termination of pregnancy.
(e) "Induced termination of pregnancy" means abortion, as defined in K.S.A. 65-6701, and amendments thereto.
(f) "Dead body" means a lifeless human body or such parts of a human body or the bones thereof from the state of which it reasonably may be concluded that death recently occurred.
(g) "Person in charge of interment" means any person who places or causes to be placed a stillborn child or dead body or the ashes, after cremation, in a grave, vault, urn or other receptacle, or otherwise disposes thereof.
(h) "Secretary" means the secretary of health and environment.
(i) "Cause of death certifier" means a person licensed to practice medicine and surgery by the state board of healing arts, a physician assistant licensed by the state board of healing arts, an advanced practice registered nurse licensed by the state board of nursing or a district coroner, deputy coroner or special deputy coroner.
(j) "Employee" means a person who has applied for employment or is currently employed in the office of vital statistics.
History: L. 1951, ch. 355, § 1; L. 1963, ch. 319, § 1; L. 1974, ch. 352, § 119; L. 1995, ch. 260, § 4; L. 2014, ch. 128, § 3; L. 2024, ch. 42, § 1; L. 2024, ch. 100, § 10; July 1.
§ 65-2402 Duties of secretary of health and environment; persons offered employment in office of vital statistics, fingerprinting, criminal history records check, use of information
(a) The secretary shall:
(1) Establish within the division of public health suitable offices properly equipped for the preservation of official records;
(2) maintain a complete cross-index on all records filed under the provisions of this act;
(3) install a statewide system of vital statistics;
(4) make and may amend, after notice and hearing, necessary regulations, give instructions and prescribe forms for collection, transcribing, compiling and preserving vital statistics; and
(5) enforce this act and the regulations made pursuant thereto.
(b) Any employee in the office of vital statistics who is subject to a criminal history records check shall be given a written notice that a criminal history records check is required. The secretary shall require such applicant to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto. If the criminal history record information is used to disqualify an applicant, the applicant shall be informed in writing of that decision.
History: L. 1951, ch. 355, § 2; L. 1974, ch. 352, § 120; L. 2010, ch. 143, § 2; L. 2013, ch. 59, § 4; L. 2024, ch. 15, § 52; July 1.
§§ 65-2403, 65-2404 Repealed
History: L. 1951, ch. 355, §§ 3, 4; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-2405 Appointment of state registrar; qualifications; compensation
The secretary shall appoint a state registrar of vital statistics who shall be qualified under Kansas civil service law and the state registrar shall be certified to the secretary of state. His compensation will be fixed in accordance with the salary schedules established as authorized by the Kansas civil service act and acts amendatory thereof and supplemental thereto.
History: L. 1951, ch. 355, § 5; L. 1953, ch. 293, § 1; L. 1974, ch. 352, § 121; July 1.
§ 65-2406 Duties of state registrar
The state registrar, under the supervision of the secretary, shall have charge of the collection of vital statistics and be the custodian of all files and records, and perform the duties prescribed by the secretary. The state registrar shall enforce this act and the rules and regulations of the secretary. The state registrar shall submit to the secretary an annual report of the administration of this act.
History: L. 1951, ch. 355, § 6; L. 1974, ch. 352, § 122; L. 1990, ch. 226, § 1; July 1.
§ 65-2407 Repealed
History: L. 1951, ch. 355, § 7; L. 1963, ch. 319, § 2; Repealed, L. 1990, ch. 226, § 10; July 1.
§ 65-2408 Repealed
History: L. 1951, ch. 355, § 8; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-2409 Repealed
History: L. 1951, ch. 355, § 9; L. 1963, ch. 319, § 3; L. 1984, ch. 233, § 1; L. 1990, ch. 226, § 2; Repealed, L. 1994, ch. 29, § 2; July 1.
§ 65-2409a Certificate of birth; requirements; filing; fee for certificate of live birth; parent's social security number
(a) A certificate of birth for each live birth which occurs in this state shall be filed with the state registrar within five days after such birth and shall be registered by such registrar if such certificate has been completed and filed in accordance with this section. If a birth occurs on a moving conveyance, a birth certificate shall indicate as the place of birth the location where the child was first removed from the conveyance.
(b) When a birth occurs in an institution, the person in charge of the institution or the person's designated representative shall obtain the personal data, prepare the certificate, secure the signatures required by the certificate and file such certificate with the state registrar. The physician in attendance or, in the absence of the physician, the person in charge of the institution or that person's designated representative shall certify to the facts of birth and provide the medical information required by the certificate within five days after the birth. When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority: (1) The physician in attendance at or immediately after the birth, or in the absence of such a person; (2) any other person in attendance at or immediately after the birth, or in the absence of such a person; or (3) the father, the mother or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
(c) If the mother was married at the time of either conception or birth, or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered. If the mother was not married either at the time of conception or of birth, or at any time between conception and birth, the name of the father shall not be entered on the certificate of birth without the written consent of the mother and of the person to be named as the father on a form provided by the state registrar pursuant to K.S.A. 23-2204, and amendments thereto, unless a determination of paternity has been made by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.
(d) One of the parents of any child shall sign the certificate of live birth to attest to the accuracy of the personal data entered thereon, in time to permit its filing within the five days prescribed above.
(e) Except as otherwise provided by this subsection, a fee of $4 shall be paid for each certificate of live birth filed with the state registrar. Such fee shall be paid by the parent or parents of the child. If a birth occurs in an institution, the person in charge of the institution or the person's designated representative shall be responsible for collecting the fee and shall remit such fee to the secretary of health and environment not later than the 15th day following the end of the calendar quarter during which the birth occurred. If a birth occurs other than in an institution, the person completing the birth certificate shall be responsible for collecting the fee and shall remit such fee to the secretary of health and environment not later than the 15th day of the month following the birth.
The fee provided for by this subsection shall not be required to be paid if the parent or parents of the child are at the time of the birth receiving assistance, as defined by K.S.A. 39-702, and amendments thereto, from the secretary for children and families.
(f) Except as provided in this subsection, when a certificate of birth is filed pursuant to this act, each parent shall furnish the social security number or numbers issued to the parent. Social security numbers furnished pursuant to this subsection shall not be recorded on the birth certificate. A parent shall not be required to furnish such person's social security number pursuant to this subsection if no social security number has been issued to the parent; the social security number is unknown; or the secretary determines that good cause, as defined in federal regulations promulgated pursuant to title IV-D of the federal social security act, exists for not requiring the social security number. Nothing in this subsection shall delay the filing or issuance of the birth certificate.
History: L. 1951, ch. 355, § 9; L. 1963, ch. 319, § 3; L. 1984, ch. 233, § 1; L. 1990, ch. 227, § 2; L. 1994, ch. 29, § 1; L. 1994, ch. 292, § 14; L. 2012, ch. 162, § 84; L. 2014, ch. 115, § 257; July 1.
§ 65-2410 Same; state registrar to prepare and file, when
If neither parent of the newborn child whose birth is unattended is able to prepare a birth certificate, the state registrar or the state registrar's designee shall secure the necessary information from any person having knowledge of the birth and prepare and file the certificate. The secretary shall prescribe the time within which a supplementary report furnishing information omitted from the original certificate may be returned for the purpose of completing the certificate. Certificates of birth completed by a supplementary report shall not be considered delayed or altered.
History: L. 1951, ch. 355, § 10; L. 1974, ch. 352, § 123; L. 1990, ch. 226, § 3; July 1.
§ 65-2411 Children of unknown parentage; report to state registrar
(a) Whoever assumes the custody of a child of unknown parentage shall immediately report to the state registrar in writing: (1) The date and place of finding or assumption of custody; (2) sex, color or race and approximate age of child; (3) name and address of the person or institution with whom the child has been placed for care; and (4) name given to the child by the finder or custodian.
(b) The place where the child of unknown parentage was found or custody assumed shall be known as the place of birth and the date of birth shall be determined by approximation.
(c) The report shall constitute the certificate of birth.
(d) If the child is identified and a regular certificate of birth is found or obtained, the report shall be sealed and filed and may be opened only by court order.
History: L. 1951, ch. 355, § 11; L. 1990, ch. 226, § 4; July 1.
§ 65-2412 Registration of deaths and stillbirths; official death records; use of verified forms; establishment and collection of fee; duties of cause of death certifier; filing of certificates; Kansas electronic death registration system
(a) A death certificate or stillbirth certificate for each death or stillbirth that occurs in this state shall be filed with the state registrar within three days after such death and prior to removal of the body from the state and shall be registered by the state registrar if such death certificate or stillbirth certificate has been completed and filed in accordance with this section. If the place of death is unknown, a death certificate shall be filed indicating the location where the body was found as the place of death. A certificate shall be filed within three days after such occurrence; if death occurs in a moving conveyance, the death certificate shall record the location where the dead body was first removed from such conveyance as the place of death.
(b) (1) The funeral director or person acting as such who first assumes custody of a dead body shall file the death certificate. Such person shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the certification of cause of death from the cause of death certifier who was last in attendance prior to burial.
(2) The death certificate filed with the state registrar shall be the official death record, except that a funeral director licensed pursuant to K.S.A. 65-1714, and amendments thereto, may verify as true and accurate information pertaining to a death on a form provided by the state registrar, and any such form, verified within 21 days of date of death, shall be prima facie evidence of the facts pertaining to establishing such death.
(3) The secretary of health and environment shall fix and collect a fee for each form provided to a funeral director pursuant to this subsection. The fee shall be collected at the time the form is provided to the funeral director and shall be in the same amount as the fee for a certified copy of a death certificate.
(c) When death occurred without medical attendance or when inquiry is required by the laws relating to postmortem examinations, the coroner shall investigate the cause of death and shall complete and sign the certification of cause of death within 24 hours after receipt of the death certificate or as provided in K.S.A. 65-2414, and amendments thereto.
(d) In every instance a certificate shall be filed prior to interment or disposal of the body.
(e) Any death certificate, stillbirth certificate or certification of cause of death required to be filed by this section shall be filed through the Kansas electronic death registration system maintained by the Kansas department of health and environment.
History: L. 1951, ch. 355, § 12; L. 1963, ch. 319, § 4; L. 1979, ch. 188, § 13; L. 1990, ch. 226, § 5; L. 1993, ch. 214, § 9; L. 2014, ch. 128, § 4; L. 2016, ch. 26, § 1; L. 2024, ch. 42, § 2; July 1.
§ 65-2413 Repealed
History: L. 1951, ch. 355, § 13; Repealed, L. 1963, ch. 319, § 10; June 30.
§ 65-2414 Delayed determination of cause of death
If the cause of death cannot be determined within three days, the certification of the cause of death may be filed as pending. In such cases, the cause of death is to be reported to the state registrar as soon as possible.
History: L. 1951, ch. 355, § 14; L. 1990, ch. 226, § 6; L. 1993, ch. 214, § 10; July 1.
§ 65-2415 Form of certificates
The forms of certificates shall include as a minimum the items required by the respective standard certificates as recommended by the national office of vital statistics subject to approval of and modification by the secretary. The form and use of such certificate shall be subject to the provisions of K.S.A. 65-2422.
History: L. 1951, ch. 355, § 15; L. 1974, ch. 352, § 124; July 1.
§ 65-2416 Certificates as evidence; reproduction of records; certification
(a) Certificates filed within six months after the time prescribed therefor shall be prima facie evidence of the facts therein stated. Data therein pertaining to the father of a child are prima facie evidence only if the alleged father is the husband of the mother, or if the father has consented in writing that the father's name be entered as the father on the certificate as provided in K.S.A. 65-2409, and amendments thereto; if not, the data pertaining to the father of a child are not evidence in any proceeding adverse to the interest of the alleged father, or of the alleged father's heirs, next of kin, devisees, legatees or other successors in interest, if the paternity is controverted.
(b) The state registrar of vital statistics is authorized to prepare typewritten, photographic or other reproductions of original records and files of vital statistics. Such reproductions when certified by the state registrar shall be accepted as the original record. For deaths occurring on and after the effective date of this act, the state registrar shall not certify a death certificate in which the manner of death is marked other than natural unless the death certificate is signed by a district coroner.
History: L. 1951, ch. 355, § 16; L. 1963, ch. 319, § 5; L. 1993, ch. 214, § 11; July 1.
§ 65-2417 Certified copies or abstracts
(a) Subject to the requirements of K.S.A. 65-2421, 65-2422d and 65-2423 and amendments thereto, the state registrar shall, upon request, furnish to any applicant a certified copy or a certified abstract of any certificate, or any part thereof.
(b) Copies or abstracts of the contents of any certificate on file or any part thereof, certified by the state registrar shall be considered for all purposes the same as the original subject to the requirements of K.S.A. 65-2421, 65-2422d and 65-2423.
History: L. 1951, ch. 355, § 17; L. 1974, ch. 352, § 125; L. 2002, ch. 160, § 2; May 23.
§ 65-2418 Fees for copies and searches; free copies of certain records for veterans and birth certificate, when; disposition; exemptions; copies, abstracts or data furnished to national office of vital statistics
(a) (1) The secretary shall fix and charge by rules and regulations the fees to be paid for certified copies or abstracts of certificates or for search of the files for birth, death, fetal death, marriage or divorce records when no certified copy or abstract is made. Except as otherwise provided in this section, the secretary shall remit all moneys received by or for the secretary from fees, charges or penalties, under the uniform vital statistics act, and amendments thereto, 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 civil registration and health statistics fee fund created by K.S.A. 65-2418e, and amendments thereto.
(2) The secretary shall not charge any fee for a certified copy of a certificate or abstract or for a search of the files or records if the certificate, abstract or search is requested by a person who exhibits correspondence from the United States department of veterans affairs or the Kansas office of veterans services that indicates that the person is applying for benefits from the United States department of veterans affairs and that such person needs the requested information to obtain such benefits, except that, for a second or subsequent certified copy of a certificate, abstract or search of the files requested by the person, the usual fee shall be charged. The secretary may provide by rules and regulations for exemptions from such fees.
(3) The secretary shall not charge or accept any fee for a certified copy of a birth certificate if the certificate is requested by any person who is 17 years of age or older for purposes of voting if the applicant lacks the identification required by K.S.A. 25-2908(h), and amendments thereto, or to meet the voter registration requirements of K.S.A. 25-2309, and amendments thereto. For voter registration purposes, an applicant for registration shall swear under oath: (1) That such person plans to register to vote in Kansas; and (2) that such person does not possess any of the documents that constitute evidence of United States citizenship under K.S.A. 25-2309(l), and amendments thereto. The affidavit shall specifically list the documents that constitute evidence of United States citizenship under K.S.A. 25-2309(l), and amendments thereto. The secretary shall adopt rules and regulations in order to implement the provisions of this subsection.
(4) Upon receipt of any such remittance of a fee for a certified copy of a birth certificate or abstract, $3 of each such fee for the first copy of a birth certificate or abstract and $1 of each such fee for each additional copy of the same birth certificate or abstract requested at the same time 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 permanent families account of the family and children investment fund created by K.S.A. 38-1808, and amendments thereto. The balance of the money received for a fee for a certified copy of a birth certificate or abstract 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 civil registration and health statistics fee fund created under this act.
(5) Upon receipt of any such remittance of a fee for a certified copy of a death certificate or abstract, $4 of each such fee for the first certified copy of a death certificate or abstract and $2 of each such fee for each additional copy of the same death certificate or abstract requested at the same time 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 district coroners fund created by K.S.A. 22a-245, and amendments thereto. The balance of the money received for a fee for a certified copy of a death certificate or abstract 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 civil registration and health statistics fee fund created by K.S.A. 65-2418e, and amendments thereto.
(b) Subject to K.S.A. 65-2415, and amendments thereto, the national office of vital statistics may be furnished copies or data it requires for national statistics. The state shall be reimbursed for the cost of furnishing the data. The data shall not be used for other than statistical purposes by the national office of vital statistics unless so authorized by the state registrar of vital statistics.
History: L. 1951, ch. 355, § 18; L. 1957, ch. 431, § 9; L. 1963, ch. 398, § 14; L. 1973, ch. 309, § 21; L. 1974, ch. 352, § 126; L. 1975, ch. 324, § 1; L. 1978, ch. 347, § 12; L. 1982, ch. 182, § 139; L. 1983, ch. 286, § 11; L. 1992, ch. 313, § 15; L. 1993, ch. 214, § 15; L. 1994, ch. 19, § 1; L. 2001, ch. 5, § 237; L. 2002, ch. 160, § 3; L. 2003, ch. 151, § 2; L. 2011, ch. 112, § 8; L. 2012, ch. 122, § 5; L. 2014, ch. 83, § 6; L. 2024, ch. 84, § 20; July 1.
§ 65-2418a Repealed
History: L. 1951, ch. 355, § 18; L. 1957, ch. 431, § 9; L. 1963, ch. 398, § 14; L. 1973, ch. 309, § 21; L. 1974, ch. 352, § 126; L. 1975, ch. 324, § 1; L. 1978, ch. 347, § 12; L. 1982, ch. 182, § 139; L. 1983, ch. 286, § 11; L. 1992, ch. 313, § 15; L. 1993, ch. 214, § 15; L. 1994, ch. 19, § 1; L. 2001, ch. 168, § 2; Repealed, L. 2002, ch. 160, § 7; May 23.
§ 65-2418b Repealed
History: L. 2001, ch. 168, § 1; Repealed, L. 2003, ch. 151, § 3; July 1.
§ 65-2418c Vital statistics integrated information system; revenue bonds authorized for prescribed activities by Kansas development finance authority
The activities of the secretary of health and environment in implementing and maintaining the vital statistics integrated information system in the department of health and environment and in acquiring financing for acquisition of equipment, technology, software, related capital improvements for remodeling or renovating and operating expenditures for the implementation and maintenance of the vital statistics integrated information system in the department of health and environment are hereby approved for the department of health and environment for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of one or more series of revenue bonds by the Kansas development finance authority in accordance with that statute.
History: L. 2001, ch. 168, § 3; July 1.
§ 65-2418d Repealed
History: L. 1951, ch. 355, § 18; L. 1957, ch. 431, § 9; L. 1963, ch. 398, § 14; L. 1973, ch. 309, § 21; L. 1974, ch. 352, § 126; L. 1975, ch. 324, § 1; L. 1978, ch. 347, § 12; L. 1982, ch. 182, § 139; L. 1983, ch. 286, § 11; L. 1992, ch. 313, § 15; L. 1993, ch. 214, § 15; L. 1994, ch. 19, § 1; L. 2001, ch. 5, § 237; L. 2002, ch. 119, § 3; Repealed, L. 2003, ch. 151, § 3; July 1.
§ 65-2418e Civil registration and health statistics fee fund; authorized uses of moneys credited to fund; predecessor fund abolished, moneys and liabilities transferred to new fund
(a) There is hereby established the civil registration and health statistics fee fund in the state treasury which shall be administered by the secretary of health and environment. All expenditures from the civil registration and health statistics fee fund shall be for the operating expenditures of the center for health and environmental statistics of the department of health and environment, including the civil registration and health statistics functions and the implementation, maintenance and administration of the vital statistics integrated information system. All expenditures from the civil registration and health statistics fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee.
(b) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the vital statistics maintenance fee fund to the civil registration and health statistics fee fund. On the effective date of this act, all liabilities of the vital statistics maintenance fee fund are hereby transferred to and imposed upon the civil registration and health statistics fee fund and the vital statistics maintenance fee fund is hereby abolished.
History: L. 2003, ch. 151, § 1; July 1.
§ 65-2419 Delayed birth certificates
A person born in this state may file a birth certificate after the time herein prescribed, upon submitting such proof as shall be required by the secretary.
History: L. 1951, ch. 355, § 19; L. 1974, ch. 352, § 127; July 1.
§ 65-2420 Same; procedure
(a) Certificates accepted subsequent to six (6) months after the time prescribed for filing with the state registrar shall contain the date of the delayed filing and be marked "delayed."
(b) A summary statement of the evidence submitted in support of the acceptance for delayed filing shall be endorsed on the certificates.
(c) The secretary shall prescribe the fees to be paid to the state registrar for filing a delayed certificate of birth.
History: L. 1951, ch. 355, § 20; L. 1974, ch. 352, § 128; July 1.
§ 65-2421 Same; evidence
The probative value of a "delayed" certificate shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.
History: L. 1951, ch. 355, § 21; June 30.
§ 65-2422 Repealed
History: L. 1951, ch. 355, § 22; L. 1963, ch. 319, § 6; L. 1972, ch. 233, § 1; L. 1974, ch. 352, § 129; L. 1985, ch. 114, § 28; L. 1986, ch. 318, § 92; L. 1987, ch. 241, § 1; L. 1990, ch. 226, § 7; Repealed, L. 1995, ch. 260, § 11; July 1.
§ 65-2422a Change of name; new certificate of birth issued, when
In cases in which a person has lawfully obtained a change of name by a court of competent jurisdiction, such person may present a duly authenticated copy of the court order changing his name and request a new certificate of birth. A new certificate shall then be issued, which shall show the new name as ordered by the court; the certificate shall be marked "amended." The person whose name has been changed may receive copies of his certificate of birth showing the name as originally entered only upon court order.
History: L. 1963, ch. 319, § 7; June 30.
§ 65-2422b Records of divorces and annulments
For each divorce and annulment of marriage granted by any court in this state, a report shall be prepared and filed by the clerk of court with the state registrar of vital statistics. The information necessary to prepare the report shall be furnished to the clerk of the court by the prevailing party or the legal representative of the prevailing party on forms prescribed and furnished by the state registrar of vital statistics. On or before the 15th day of each month, the clerk of the court shall forward to the state registrar of vital statistics the report of each divorce and annulment granted during the preceding calendar month and such related reports as may be required by rules and regulations issued under this act. The information provided shall include the social security numbers of both parties. Information in the report which will assist the secretary for children and families in establishing, modifying or enforcing a support obligation shall be made available to the secretary for children and families or the secretary's designee.
History: L. 1963, ch. 319, § 8; L. 1984, ch. 234, § 1; L. 2014, ch. 115, § 258; July 1.
§ 65-2422c Minor correction of records
The secretary may by regulation prescribe procedures for making minor corrections to certificates or records. Any certificate so corrected shall be marked "amended," and shall have such further marking as shall be prescribed by the secretary. The medical certification portion of a death certificate signed by a district coroner acting in the district coroner's official capacity shall not be modified by anyone except the district coroner who signed the death certificate.
History: L. 1963, ch. 319, § 9; L. 1974, ch. 352, § 130; L. 1993, ch. 214, § 12; July 1.
§ 65-2422d Disclosure of records; disclosure of child birth information; monthly reports of deceased residents to county election officers; section not applicable to certain records created prior to July 1, 1911; social security number, availability; fact of death information; use of information for maternal and child health surveillance and monitoring
(a) The records and files of the division of public health pertaining to vital statistics shall be open to inspection, subject to the provisions of the uniform vital statistics act and rules and regulations of the secretary. It shall be unlawful for any officer or employee of the state to disclose data contained in vital statistical records, except as authorized by the uniform vital statistics act and the secretary, and it shall be unlawful for anyone who possesses, stores or in any way handles vital statistics records under contract with the state to disclose any data contained in the records, except as authorized by law.
(b) No information concerning the birth of a child shall be disclosed in a manner that enables determination that the child was born out of wedlock, except upon order of a court in a case where the information is necessary for the determination of personal or property rights and then only for that purpose, or except that employees of the office of child support enforcement of the federal department of health and human services shall be provided information when the information is necessary to ensure compliance with federal reporting and audit requirements pursuant to title IV-D of the federal social security act or except that the secretary for children and families or the secretary's designee performing child support enforcement functions pursuant to title IV-D of the federal social security act shall be provided information and copies of birth certificates when the information is necessary to establish parentage in legal actions or to ensure compliance with federal reporting and audit requirements pursuant to title IV-D of the federal social security act. Nothing in this subsection shall be construed as exempting such employees of the federal department of health and human services or the secretary for children and families or the secretary's designee from the fees prescribed by K.S.A. 65-2418, and amendments thereto.
(c) Except as provided in subsection (b), and amendments thereto, the state registrar shall not permit inspection of the records or issue a certified copy or abstract of a certificate or part thereof unless the state registrar is satisfied the applicant therefor has a direct interest in the matter recorded and the information contained in the record is necessary for the determination of personal or property rights. The state registrar's decision shall be subject, however, to review by the secretary or by a court in accordance with the Kansas judicial review act, subject to the limitations of this section.
(d) The secretary shall permit the use of data contained in vital statistical records for research purposes only, but no identifying use of them shall be made. The secretary shall permit the use of birth, death and stillbirth certificates as identifiable data for purposes of maternal and child health surveillance and monitoring. The secretary or the secretary's designee may interview individuals for purposes of maternal and child health surveillance and monitoring only with an approval of the health and environmental institutional review board as provided in title 45, part 46 of the code of federal regulations. The secretary shall inform such individuals that the participation in such surveillance and monitoring is voluntary and may only be conducted with the written consent of the person who is the subject of the information or with the informed consent of a parent or legal guardian if the person is under 18 years of age. Informed consent is not required if the person who is the subject of the information is deceased.
(e) Subject to the provisions of this section the secretary may direct the state registrar to release birth, death and stillbirth certificate data to federal, state or municipal agencies.
(f) On or before the 20th day of each month, the state registrar shall furnish to the county election officer of each county and the clerk of the district court in each county, without charge, a list of deceased residents of the county who were at least 18 years of age and for whom death certificates have been filed in the office of the state registrar during the preceding calendar month. The list shall include the name, age or date of birth, address and date of death of each of the deceased persons and shall be used solely by the election officer for the purpose of correcting records of their offices and by the clerk of the district court in each county for the purpose of correcting juror information for such county. Information provided under this subsection to the clerk of the district court shall be considered confidential and shall not be disclosed to the public. The provisions of subsection (b) of K.S.A. 45-229, and amendments thereto, shall not apply to the provisions of this subsection.
(g) No person shall prepare or issue any certificate which purports to be an original, certified copy or abstract or copy of a certificate of birth, death or fetal death, except as authorized in this act or rules and regulations adopted under this act.
(h) Records of births, deaths or marriages which are not in the custody of the secretary of health and environment and which were created before July 1, 1911, pursuant to chapter 129 of the 1885 Session Laws of Kansas, and any copies of such records, shall be open to inspection by any person and the provisions of this section shall not apply to such records.
(i) Social security numbers furnished pursuant to K.S.A. 65-2409a, and amendments thereto, shall only be used as permitted by title IV-D of the federal social security act, and amendments thereto, or as permitted by section 7(a) of the federal privacy act of 1974, and amendments thereto. The secretary shall make social security numbers furnished pursuant to K.S.A. 65-2409a, and amendments thereto, available to the Kansas department for children and families for purposes permitted under title IV-D of the federal social security act.
(j) Fact of death information may be disseminated to state and federal agencies administering benefit programs. Such information shall be used for file clearance purposes only.
History: L. 1951, ch. 355, § 22; L. 1963, ch. 319, § 6; L. 1972, ch. 233, § 1; L. 1974, ch. 352, § 129; L. 1985, ch. 114, § 28; L. 1986, ch. 318, § 92; L. 1987, ch. 241, § 1; L. 1990, ch. 227, § 1; L. 1995, ch. 260, § 5; L. 2002, ch. 160, § 4; L. 2004, ch. 138, § 1; L. 2007, ch. 10, § 1; L. 2010, ch. 143, § 3; L. 2013, ch. 59, § 5; L. 2014, ch. 115, § 259; July 1.
§ 65-2423 Adoption cases; birth certificate requirements; foreign country adoption reporting requirements
(a) In cases of adoption the state registrar upon receipt of a certified decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, and the report of adoption form shall prepare a supplementary certificate or abstract in the new name of the adopted person and seal and file the original certificate of birth with such certified copy or abstract attached thereto. Such sealed documents may be opened by the state registrar only upon the demand of the adopted person if of legal age or by an order of court. Upon receipt of a certified copy of a court order of annulment of adoption the state registrar shall restore the original certificate to its original place in the files.
(b) For any child born in a foreign country but adopted in Kansas or born and adopted in a foreign country and such adoption is filed and entered pursuant to K.S.A. 59-2144, and amendments thereto, the state registrar, upon request, shall complete and register a birth certificate upon receipt of a certified copy of the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, the report of adoption form and proof of the date and place of the child's birth. The certificate shall show the new name of the child as specified in the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, and such further information concerning the adopting parents as may be necessary to complete the birth certificate. The certificate shall show the true country of birth and the date of birth of the child. The certificate shall state the following: "This certificate is issued pursuant to subsection (b) of K.S.A. 65-2423, and amendments thereto."
History: L. 1951, ch. 355, § 23; L. 1978, ch. 247, § 1; L. 1994, ch. 301, § 2; L. 1996, ch. 116, § 2; L. 2002, ch. 160, § 5; L. 2008, ch. 140, § 2; July 1.
§ 65-2424 Repealed
Revisor's Note: Later act, see 38-1128.
History: L. 1951, ch. 355, § 24; Repealed, L. 1985, ch. 114, § 30; July 1.
§ 65-2425 Institution inmates or patients; records and reports
Persons in charge of institutions for care of [or] correction or for treatment of disease, injury or childbirth shall record and report all statistical data required by this act relating to their inmates or patients.
History: L. 1951, ch. 355, § 25; June 30.
§ 65-2426 Repealed
History: L. 1951, ch. 355, § 26; L. 1979, ch. 188, § 14; Repealed, L. 1982, ch. 266, § 5; July 1.
§ 65-2426a Authorization for cremation; when permit to cremate required; penalty for violation
(a) (1) No dead body, as defined in K.S.A. 65-2401, and amendments thereto, shall be cremated unless a coroner's permit to cremate has been executed to authorize such cremation, if the death or cause of death occurred within the state of Kansas or in a state where such permit to cremate is required.
(2) A telefacsimile or electronic signed copy of the coroner's permit to cremate that authorizes the cremation shall constitute legal authorization for such cremation under this section.
(b) The provisions of this section shall be a part of and supplemental to the uniform vital statistics act.
(c) Any person who knowingly violates this section, upon conviction, shall be fined not more than $500.
History: L. 1965, ch. 164, § 19; L. 1982, ch. 266, § 1; L. 1993, ch. 214, § 13; L. 2014, ch. 128, § 5; L. 2021, ch. 59, § 3; July 1.
§ 65-2427 Foreign permit for removal, burial, or other disposition of body
When death or stillbirth occurs outside this state and the body is accompanied by a permit for burial, removal or other disposition issued in accordance with the law and regulations in force where the death or stillbirth occurred, the permit shall authorize the transportation of the body into or through this state.
History: L. 1951, ch. 355, § 27; L. 1982, ch. 266, § 2; July 1.
§ 65-2428 Repealed
History: L. 1951, ch. 355, § 28; L. 1974, ch. 352, § 131; Repealed, L. 1982, ch. 266, § 5; July 1.
§ 65-2428a Permit for transportation of dead body to location outside state
No dead body located in this state shall be transported to a location outside the boundaries of this state, either by commercial or private conveyance, without a permit issued by a funeral director or the state registrar on a form provided by the state registrar.
This section shall be a part of and supplemental to the uniform vital statistics act.
History: L. 1982, ch. 266, § 4; L. 1990, ch. 226, § 8; July 1.
§ 65-2429 Repealed
History: L. 1951, ch. 355, § 29; L. 1974, ch. 352, § 132; Repealed, L. 2021, ch. 59, § 4; July 1.
§§ 65-2430, 65-2431 Repealed
History: L. 1951, ch. 355, §§ 30, 31; L. 1974, ch. 352, §§ 133, 134; Repealed, L. 1990, ch. 226, § 10; July 1.
§ 65-2432 Repealed
History: L. 1951, ch. 355, § 32; Repealed, L. 1990, ch. 226, § 10; July 1.
§ 65-2433 Registration of divorces, annulments and adoptions
For each divorce, annulment of marriage, adoption or annulment of adoption, the clerk of the court shall prepare within thirty (30) days after the decree becomes final, certificate of such decree on a form furnished by the state registrar and before the fifteenth (15th) day of each calendar month the clerk shall forward to the state registrar the certificates prepared by him during the preceding calendar month.
History: L. 1951, ch. 355, § 33; June 30.
§ 65-2434 Crimes, prosecution, penalties
(a) Vital records identity fraud related to birth, death, marriage and divorce certificates shall be prosecuted pursuant to K.S.A. 21-5918, and amendments thereto.
(b) Any person who knowingly transports or accepts for transportation, a dead body located in this state to a location outside the boundaries of this state without an accompanying permit issued in accordance with the provisions of K.S.A. 65-2428a, and amendments thereto, shall be guilty of a class C misdemeanor.
(c) Except where a different penalty is provided in this section, any person who violates any of the provisions of this act or neglects or refuses to perform any of the duties imposed upon such person by this act, shall be fined not more than $200.
History: L. 1951, ch. 355, § 34; L. 1982, ch. 266, § 3; L. 2002, ch. 160, § 6; L. 2005, ch. 131, § 3; L. 2011, ch. 30, § 240; July 1.
§ 65-2435 Invalidity of part
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1951, ch. 355, § 35; June 30.
§ 65-2436 Uniformity of interpretation
This act shall be so construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
History: L. 1951, ch. 355, § 36; June 30.
§ 65-2437 Short title
This act may be cited as the "uniform vital statistics act."
History: L. 1951, ch. 355, § 37; June 30.
§ 65-2438 Notification of person transporting dead body for disposition that deceased had an infectious or contagious disease; form; notification of embalmer, funeral director or other person taking possession of body; confidential information; penalties for violations; "infectious or contagious disease" defined
(a) When a person who has been diagnosed as having an infectious or contagious disease dies, the attending physician or, if there is no attending physician, the director of nursing, or the director's designee, at a medical care facility or adult care home, if the person dies at the medical care facility or adult care home, or a family member or person making arrangements for the disposition of the dead body who knows of such diagnosis, shall indicate, on a form promulgated by the secretary, that the deceased person had an infectious or contagious disease. The completed form shall accompany the body when it is transported for disposition.
(b) Any person who transports a dead body for disposition and who has been notified pursuant to the provisions of subsection (a) that the deceased person had been diagnosed as having an infectious or contagious disease shall present notification thereof accompanying the dead body to any embalmer, funeral director or other person taking possession of the dead body.
(c) Any person who completes the form required in subsection (a) in good faith and without malice shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed in an action resulting from such report.
(d) Any information relating to an infectious or contagious disease which is required to be disclosed or communicated under subsections (a) and (b) shall be confidential and shall not be disclosed or made public beyond the disclosure necessary under subsections (a) and (b).
(e) Any person required to perform duties specified under subsection (a) or (b) who knowingly refuses or omits to perform such duties is guilty of a class C misdemeanor. Any person who violates any provision of subsection (d) shall be guilty of a class C misdemeanor.
(f) As used in this section, "infectious or contagious disease" means the disease acquired immune deficiency syndrome, human immunodeficiency virus and any other causative agent of acquired immune deficiency syndrome and any disease designated as infectious or contagious by the secretary of health and environment by rules and regulations under K.S.A. 65-128 and amendments thereto.
History: L. 1988, ch. 232, § 8; L. 1994, ch. 135, § 1; July 1.
§ 65-2439 Meriden's law
The changes to law in this act shall be known as Meriden's law.
History: L. 2014, ch. 128, § 1; July 1.
§ 65-2440 Certificate of birth resulting in stillbirth
(a) A certificate of birth resulting in stillbirth shall be established by the state registrar.
(b) The certificate of birth resulting in stillbirth shall contain personal and demographic information describing the stillbirth event and shall not contain any information relating to the child's death.
(c) The certificate of birth resulting in stillbirth is not proof of a live birth.
(d) This section shall be part of and supplemental to the uniform vital statistics act, K.S.A. 65-2401 et seq., and amendments thereto.
History: L. 2014, ch. 128, § 2; July 1.
Article 25 Uniform Narcotic Drug Act (Not in active use)
§ 65-2501 Repealed
History: L. 1957, ch. 338, § 1; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2502 Repealed
History: L. 1957, ch. 338, § 2; L. 1971, ch. 211, § 1; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2503 Repealed
History: L. 1957, ch. 338, § 3; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2504 Repealed
History: L. 1957, ch. 338, § 4; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2505 Repealed
History: L. 1957, ch. 338, § 5; Repealed, L. 1972, ch. 234, § 41; July 1.
§§ 65-2506, 65-2507 Repealed
History: L. 1957, ch. 338, §§ 6, 7; L. 1959, ch. 254, §§ 1, 2; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2508 Repealed
History: L. 1957, ch. 338, § 8; Repealed, L. 1972, ch. 234, § 41; July 1.
§§ 65-2509 through 65-2514 Repealed
History: L. 1957, ch. 338, §§ 9 to 14; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2515 Repealed
History: L. 1957, ch. 338, § 15; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2516 Repealed
History: L. 1957, ch. 338, § 16; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2517 Repealed
History: L. 1957, ch. 338, § 17; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2518 Repealed
History: L. 1957, ch. 338, § 18; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2519 Repealed
History: L. 1957, ch. 338, § 19; L. 1959, ch. 254, § 3; L. 1970, ch. 258, § 1; L. 1971, ch. 211, § 2; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2519a Repealed
History: L. 1959, ch. 254, § 4; L. 1970, ch. 258, § 2; L. 1971, ch. 211, § 3; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2520 Repealed
Revisor's Note: Later act, see 21-3108.
History: L. 1957, ch. 338, § 20; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.
§ 65-2521 Repealed
History: L. 1957, ch. 338, § 21; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2522 Repealed
History: L. 1957, ch. 338, § 22; Repealed, L. 1972, ch. 235, § 4; July 1.
Article 26 Hypnotic, Somnifacient or Stimulating Drugs (Not in active use)
§ 65-2601 Repealed
History: L. 1957, ch. 339, § 1; L. 1970, ch. 259, § 1; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2602 Repealed
History: L. 1957, ch. 339, § 2; L. 1970, ch. 259, § 2; Repealed, L. 1972, ch. 234, § 41; July 1.
§§ 65-2603 through 65-2606 Repealed
History: L. 1957, ch. 339, §§ 3 to 6; Repealed, L. 1972, ch. 234, § 41; July 1.
§ 65-2607 Repealed
History: L. 1957, ch. 339, § 7; L. 1970, ch. 259, § 3; L. 1971, ch. 213, § 1; Repealed, L. 1972, ch. 234, § 41; July 1.
Article 27 Hazardous Household Articles
§ 65-2701 Hazardous household articles; definitions
For the purposes of this act, the term "hazardous household article" means: Any article which purports to be useful in the accomplishment of any domestic task, any article for personal use, or any toy, which is a substance or which contains substances that may be injurious to human beings. "Hazardous household article" does not include the following: Foods, drugs or cosmetics as defined in K.S.A. 65-656, and amendments thereto; agricultural chemicals as defined in K.S.A. 2-2202, and amendments thereto; livestock remedies as defined in K.S.A. 47-501 prior to its repeal; or state pharmacy act definitions included in K.S.A. 65-1626, and amendments thereto.
History: L. 1957, ch. 341, § 1; L. 2002, ch. 25, § 3; July 1.
§ 65-2702 Powers and duties of secretary of health and environment
It shall be the duty of the secretary of health and environment to inquire into the composition of hazardous household articles, to determine their potentialities for harm, and take such steps as may be deemed necessary to protect the public from the use of hazardous household articles. To accomplish this end, the secretary is authorized to take samples and cause them to be analyzed, to review labeling and advertising, and to require disclosure for formulas when necessary in the public interest.
History: L. 1957, ch. 341, § 2; L. 1975, ch. 462, § 102; July 1.
§ 65-2703 Rules and regulations, filing
The secretary of health and environment is authorized to adopt such rules and regulations as are necessary to protect the public from improper use of poisonous household articles, and as are necessary to administer the provisions of this act; such rules and regulations may include requirements for: Cautionary labeling, the setting out on labels of specific toxic ingredients, adequate directions for safe use, specific warnings against common types of misuse, specific prohibition of sale of articles which are inherently so hazardous that they are unsafe for domestic use under any type of labeling. Such rules and regulations shall be filed in the office of the secretary of state, as required by law.
History: L. 1957, ch. 341, § 3; L. 1965, ch. 506, § 33; L. 1975, ch. 462, § 103; L. 1988, ch. 366, § 18; June 1.
§ 65-2704 Unlawful acts; penalties
It shall be unlawful for any person, firm, association, partnership or corporation to hold for sale, offer for sale or sell any household article in violation of any regulation adopted as authorized under the provisions of this act. Any person, firm, association, partnership or corporation who shall violate any regulation adopted by the board shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars ($300) or by imprisonment in the county jail for not more than sixty (60) days, or by both such fine and imprisonment:
Provided,
That after a first conviction of a violation of any regulation of the board adopted under the provisions of this act, convictions for subsequent violations of the regulations adopted hereunder shall be punished by a fine of not more than one thousand dollars ($1000) or by imprisonment for not exceeding one (1) year, or by both such fine and imprisonment.
History: L. 1957, ch. 341, § 4; June 29.
Article 28 Healing Arts
§ 65-2801 Purpose
Recognizing that the practice of the healing arts is a privilege granted by legislative authority and is not a natural right of individuals, it is deemed necessary as a matter of policy in the interests of public health, safety and welfare, to provide laws and provisions covering the granting of that privilege and its subsequent use, control and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized and unqualified practice of the healing arts and from unprofessional conduct by persons licensed to practice under this act.
History: L. 1957, ch. 343, § 1; July 1.
§ 65-2802 Definitions
For the purpose of this act the following definitions shall apply:
(a) The healing arts include any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, alteration or enhancement of a condition or appearance and includes specifically, but not by way of limitation, the practice of medicine and surgery; the practice of osteopathic medicine and surgery; and the practice of chiropractic.
(b) "Board" means the state board of healing arts.
(c) "License," unless otherwise specified, means a license to practice the healing arts granted under this act.
(d) "Licensed" or "licensee," unless otherwise specified, means a person licensed under this act to practice medicine and surgery, osteopathic medicine and surgery or chiropractic.
(e) "Healing arts school" means an academic institution which grants a doctor of chiropractic degree, doctor of medicine degree or doctor of osteopathy degree.
(f) "Applicant" means a person who has submitted an application for any license, registration, permit or certificate to the board of healing arts.
(g) "Licensee" means a person who holds a license, registration, permit or certificate issued by the board of healing arts.
(h) Wherever the masculine gender is used, it shall be construed to include the feminine, and the singular number shall include the plural when consistent with the intent of this act.
History: L. 1957, ch. 343, § 2; L. 1976, ch. 273, § 1; L. 2007, ch. 42, § 1; L. 2014, ch. 131, § 5; L. 2024, ch. 15, § 53; July 1.
§ 65-2803 Prerequisite to practice a profession regulated by the board; exceptions; penalties
(a) Unless otherwise specified by the board or as provided in K.S.A. 2025 Supp. 65-28,134, and amendments thereto, it shall be unlawful for any person who does not have a license, registration, permit or certificate to engage in the practice of any profession regulated by the board or whose license, registration, permit or certificate to practice has been revoked or suspended to engage in the practice of any profession regulated by the board.
(b) This section shall not apply to any healthcare provider who in good faith renders emergency care or assistance at the scene of an emergency or accident as authorized by K.S.A. 65-2891, and amendments thereto.
(c) The commission of any act or practice declared to be a violation of this section may render the violator liable to the state or county for the payment of a civil penalty of up to $1,000 per day for each day a person engages in the unlawful practice of a profession regulated by the board. In addition to such civil penalty, such violator may be assessed reasonable costs of investigation and prosecution.
(d) Violation of this section is a severity level 10, nonperson felony.
History: L. 1957, ch. 343, § 3; L. 1992, ch. 32, § 1; L. 2014, ch. 131, § 6; L. 2019, ch. 52, § 3; March 1, 2020.
§ 65-2804 Attainment of legal age required prior to receiving permanent license
No person shall receive a permanent license under this act until the person has furnished satisfactory evidence to the board that the person has attained legal age.
History: L. 1957, ch. 343, § 4; L. 1969, ch. 299, § 1; L. 1972, ch. 231, § 7; L. 1976, ch. 273, § 2; L. 1983, ch. 213, § 6; July 1.
§ 65-2805 Repealed
History: L. 1957, ch. 343, § 5; Repealed, L. 1991, ch. 192, § 7; July 1.
§ 65-2806 Form and type of license
Every license to practice a branch of the healing arts shall be in the form of a certificate and of a type prescribed by the board.
History: L. 1957, ch. 343, § 6; L. 1976, ch. 273, § 3; February 13.
§ 65-2807 License presumptive evidence of right to practice
Every license issued under this act shall be presumptive evidence of the right of the holder to practice that branch of the healing arts and only such branch as is specified therein. The records of the board shall reflect the type of license issued to each applicant.
History: L. 1957, ch. 343, § 7; L. 1976, ch. 273, § 4; February 13.
§ 65-2808 Filing names and records of applicants for examination; index; record of licenses issued; application forms; records open to public inspection
The name, age, place of birth, current address, school, and date of graduation, and date of license, if one be issued, with rating or grades received, of all applicants for examination shall be filed in the office of the board, which office shall be located in the city of Topeka. The names of applicants shall be appropriately indexed, and all other records relating to that application or license granted shall be given the same designation. A suitable record shall also be kept of those granted licenses. Applications shall be upon forms prepared by the board, and completed applications shall be retained as a part of its permanent records. All applications based on licenses granted in other states shall be received upon forms prepared by the board and entered as near as may be in the same form as are those applying for examinations. In addition to the date of license, the length of time of practice in all other states shall be given and entered. All such records shall be open to public inspection under proper regulations adopted by the board.
History: L. 1957, ch. 343, § 8; L. 1975, ch. 325, § 1; L. 1976, ch. 273, § 5; February 13.
§ 65-2809 Renewal date of licenses; continuing education requirements; evidence licensee maintaining professional liability insurance; notice of renewal; fees; cancellation of license; reinstatement, when; exempt licensees; inactive license; federally active license; reentry active license
(a) The license shall be canceled on the date established by rules and regulations of the board which may provide renewal throughout the year on a continuing basis. In each case in which a license is renewed for a period of time of more or less than 12 months, the board may prorate the amount of the fee established under K.S.A. 65-2852, and amendments thereto. The request for renewal shall be on a form provided by the board and shall be accompanied by the prescribed fee, which shall be paid not later than the renewal date of the license.
(b) There is hereby created a designation of an active license. The board is authorized to issue an active license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an active license established pursuant to K.S.A.
65-2852, and amendments thereto. The board shall require every active licensee to submit evidence of satisfactory completion of a program of continuing education required by the board. The requirements for continuing education for licensees of each branch of the healing arts shall be established by rules and regulations adopted by the board.
(c) The board, prior to renewal of a license, shall require an active licensee to submit to the board evidence satisfactory to the board that the licensee is maintaining a policy of professional liability insurance as required by K.S.A.
40-3402, and amendments thereto, and has paid the premium surcharges as required by K.S.A.
40-3404, and amendments thereto.
(d) At least 30 days before the renewal date of a licensee's license, the board shall notify the licensee of the renewal date by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee fails to submit the renewal application and pay the renewal fee by the renewal date of the license, the licensee shall be given notice that the licensee has failed to submit the renewal application and pay the renewal fee by the renewal date of the license, that the license will be deemed canceled if not renewed within 30 days following the renewal date, that upon receipt of the renewal application and renewal fee and an additional fee established by rules and regulations of the board not to exceed $500 within the 30-day period the license will not be canceled and that, if both fees are not received within the 30-day period, the license shall be deemed canceled by operation of law and without further proceedings.
(e) Any license canceled for failure to renew may be reinstated within two years of cancellation upon recommendation of the board and upon payment of the renewal fees then due and upon proof of compliance with the continuing educational requirements established by the board by rules and regulations. Any person who has not been in the active practice of the branch of the healing arts for which reinstatement is sought or who has not been engaged in a formal educational program during the two years preceding the application for reinstatement may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(f) There is hereby created a designation of exempt license. The board is authorized to issue an exempt license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an exempt license established pursuant to K.S.A.
65-2852, and amendments thereto. The board may issue an exempt license to a person who is not regularly engaged in the practice of the healing arts in Kansas and who does not hold oneself out to the public as being professionally engaged in such practice. An exempt license shall entitle the holder to all privileges attendant to the branch of the healing arts for which such license is issued. Each exempt license may be renewed subject to the provisions of this section. Each exempt licensee shall be subject to all provisions of the healing arts act, except as otherwise provided in this subsection. The holder of an exempt license may be required to submit evidence of satisfactory completion of a program of continuing education required by this section. The requirements for continuing education for exempt licensees of each branch of the healing arts shall be established by rules and regulations adopted by the board. Each exempt licensee may apply for an active license to regularly engage in the practice of the appropriate branch of the healing arts upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the license fee established pursuant to K.S.A.
65-2852, and amendments thereto. For the licensee whose license has been exempt for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for exempt licensees to become licensed to regularly practice the healing arts within Kansas. Any licensee whose license has been exempt for more than two years and who has not been in the active practice of the healing arts or engaged in a formal educational program since the license has been exempt may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety. Nothing in this subsection shall be construed to prohibit a person holding an exempt license from serving as a coroner or as a paid employee of: (1) A local health department as defined by K.S.A.
65-241, and amendments thereto; or (2) an indigent healthcare clinic as defined by K.S.A.
75-6102, and amendments thereto.
(g) There is hereby created a designation of inactive license. The board is authorized to issue an inactive license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an inactive license established pursuant to K.S.A.
65-2852, and amendments thereto. The board may issue an inactive license only to a person who is not regularly engaged in the practice of the healing arts in Kansas, who does not hold oneself out to the public as being professionally engaged in such practice and who meets the definition of inactive healthcare provider as defined in K.S.A.
40-3401, and amendments thereto. An inactive license shall not entitle the holder to practice the healing arts in this state. Each inactive license may be renewed subject to the provisions of this section. Each inactive licensee shall be subject to all provisions of the healing arts act, except as otherwise provided in this subsection. The holder of an inactive license shall not be required to submit evidence of satisfactory completion of a program of continuing education required by K.S.A. 65-2809, and amendments thereto. Each inactive licensee may apply for an active license upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the license fee established pursuant to K.S.A.
65-2852, and amendments thereto. For those licensees whose license has been inactive for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for inactive licensees to become licensed to regularly practice the healing arts within Kansas. Any licensee whose license has been inactive for more than two years and who has not been in the active practice of the healing arts or engaged in a formal education program since the licensee has been inactive may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(h) (1) There is hereby created a designation of federally active license. The board is authorized to issue a federally active license to any licensee who makes written application for such license on a form provided by the board and remits the same fee required for a license established under K.S.A.
65-2852, and amendments thereto. The board may issue a federally active license only to a person who meets all the requirements for a license to practice the healing arts in Kansas and who practices that branch of the healing arts solely in the course of employment or active duty in the United States government or any of its departments, bureaus or agencies. A person issued a federally active license may engage in limited practice outside of the course of federal employment consistent with the scope of practice of exempt licensees under subsection (f), except that the scope of practice of a federally active licensee shall be limited to the following: (A) Performing administrative functions, including peer review, disability determinations, utilization review and expert opinions; (B) providing direct patient care services gratuitously or providing supervision, direction or consultation for no compensation except that nothing in this subparagraph shall prohibit a person licensed to practice the healing arts issued a federally active license from receiving payment for subsistence allowances or actual and necessary expenses incurred in providing such services; and (C) rendering professional services as a charitable healthcare provider as defined in K.S.A.
75-6102, and amendments thereto.
(2) The provisions of subsections (a), (b), (d) and (e) of this section relating to continuing education, cancellation, renewal and reinstatement of a license shall be applicable to a federally active license issued under this subsection.
(3) A person who practices under a federally active license shall not be deemed to be rendering professional service as a healthcare provider in this state for purposes of K.S.A.
40-3402, and amendments thereto.
(i) (1) There is hereby created the designation of reentry active license. The board is authorized to issue a reentry active license to any licensee who makes written application for such license on a form provided by the board and remits the fee for a reentry active license. The board may issue a reentry active license with requirements as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety to a person who has not regularly engaged in the practice of the healing arts for at least two years, but who meets all the qualifications for licensure. The requirements for issuance, maintenance and scope of practice for a reentry active license shall be established by rules and regulations adopted by the board.
(2) The provisions of subsections (a), (b) and (d) of this section relating to continuing education, cancellation and renewal of a license shall be applicable to a reentry active license issued under this subsection.
(j) A charitable healthcare provider in Kansas who has signed an agreement to provide gratuitous services pursuant to K.S.A.
75-6102 and
75-6120, and amendments thereto, may fulfill one hour of continuing education credit by the performance of two hours of gratuitous services to medically indigent persons up to a maximum of 20 continuing education credits per licensure period.
(k) The board shall provide a measurement report annually, starting on January 15, 2017, to the senate committee on public health and welfare and the house committee on health and human services detailing by profession the number of gratuitous continuing education units used, compared to the number of continuous education units required.
History: L. 1957, ch. 343, § 9; L. 1966, ch. 35, § 1 (Budget Session); L. 1969, ch. 299, § 2; L. 1976, ch. 273, § 6; L. 1976, ch. 274, § 3; L. 1978, ch. 249, § 5; L. 1986, ch. 229, § 34; L. 1986, ch. 239, § 1; L. 1987, ch. 242, § 2; L. 1988, ch. 250, § 1; L. 1991, ch. 192, § 1; L. 1992, ch. 253, § 2; L. 1993, ch. 29, § 1; L. 1995, ch. 82, § 1; L. 2000, ch. 141, § 1; L. 2005, ch. 97, § 1; L. 2014, ch. 131, § 7; L. 2015, ch. 46, § 3; L. 2016, ch. 92, § 2; July 1.
§ 65-2810 Repealed
History: L. 1957, ch. 343, § 10; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2811 Issuance of temporary permits; postgraduate permits
(a) The board may issue a temporary permit to practice the appropriate branch of the healing arts to any person who has made proper application for a license by endorsement, has the required qualifications for such license and has paid the prescribed fees, and such permit, when issued, shall authorize the person receiving the permit to practice within the limits of the permit until the license is issued or denied by the board, but no more than one such temporary permit shall be issued to any one person without the approval of ⅔ of the members of the board.
(b) The board may issue a postgraduate permit to practice the appropriate branch of the healing arts to any person who is engaged in a full time, approved postgraduate training program; has made proper application for such postgraduate permit upon forms approved by the board; meets all qualifications of licensure, except the examinations required under K.S.A. 65-2873 and amendments thereto and postgraduate training, as required by this act; has paid the prescribed fees established by the board for such postgraduate permit; has passed such examinations in the basic and clinical sciences approved under rules and regulations adopted by the board; and, if the person is a graduate of a foreign medical school, has passed an examination given by the educational commission for foreign medical graduates.
(c) The postgraduate permit issued under subsection (b) shall authorize the person receiving the permit to practice the appropriate branch of the healing arts in the postgraduate training program while continuously so engaged but shall not authorize the person receiving the permit to engage in the private practice of the healing arts.
(d) A postgraduate permit issued under subsection (b) shall be canceled if:
(1) The holder thereof ceases to be engaged in the postgraduate training program; or
(2) the holder thereof has engaged in the practice of the healing arts outside of the postgraduate training program.
History: L. 1957, ch. 343, § 11; L. 1969, ch. 299, § 3; L. 1970, ch. 260, § 1; L. 1976, ch. 273, § 7; L. 1984, ch. 235, § 1; L. 1985, ch. 216, § 1; L. 1987, ch. 240, § 3; L. 1988, ch. 251, § 1; L. 1989, ch. 196, § 4; L. 1995, ch. 82, § 2; L. 2000, ch. 141, § 2; July 1.
§ 65-2811a Special permits; issuance; conditions and qualifications; limitations on practice; expiration of permit
(a) The state board of healing arts may issue a special permit to practice medicine and surgery, under the supervision of a person licensed to practice medicine and surgery, to any person who has completed undergraduate training at the university of Kansas school of medicine and who has not engaged in a full-time approved postgraduate training program.
(b) Such special permit shall be issued only to a person who: (1) Has made proper application for such special permit upon forms approved by the state board of healing arts;
(2) meets all qualifications of licensure except examinations and postgraduate training, as required by the Kansas healing arts act;
(3) has not yet commenced a full-time, approved postgraduate training program in Kansas;
(4) has obtained the sponsorship of a person licensed to practice medicine and surgery which sponsor practices in an area of Kansas which is determined under K.S.A. 76-375, and amendments thereto, to be medically underserved; and
(5) has paid the prescribed fees as established by the state board of healing arts for the application for and granting of such special permit.
(c) The special permit, when issued, shall authorize the person to whom the special permit is issued to practice medicine and surgery under the supervision of the person licensed to practice medicine and surgery who has agreed to sponsor and accept responsibility for the services rendered by such special permit holder. A special permit holder may prescribe drugs, but may not prescribe controlled substances. The special permit shall not authorize the person holding the special permit to engage in the private practice of medicine and surgery. The holder of a special permit under this section shall not charge patients a fee for services rendered but may be compensated directly by the person under whose supervision and sponsorship the permit holder is practicing. A special permit holder shall clearly identify oneself to patients as a physician in training and may use the term "doctor" or "Dr." The special permit shall expire on the day the person holding the special permit becomes engaged in a full-time, approved postgraduate training program or one year from its date of issuance, whichever occurs first. In no event may a special permit be renewed more than once.
(d) For the purposes of this section, "supervision" means that the supervising licensee is physically present within the healthcare facility or other site of patient care and is immediately available to the special permit holder.
(e) A person who practices under a special permit issued herein shall not be deemed to be rendering professional service as a health care provider in this state for purposes of K.S.A. 40-3402, and amendments thereto.
(f) A person who practices under a special permit issued herein shall be subject to all provisions of the healing arts act, except as otherwise provided in this section.
(g) The board may adopt all necessary rules and regulations, not inconsistent herewith, for carrying out the provisions of this section.
(h) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 1978, ch. 249, § 4; L. 1987, ch. 239, § 2; L. 1987, ch. 240, § 4; L. 2002, ch. 103, § 5; L. 2015, ch. 46, § 4; July 1.
§ 65-2812 State board of healing arts; membership; appointment
For the purpose of administering the provisions of this act, the governor shall appoint a state board of healing arts consisting of 15 members. At least 30 days before the expiration of any term, other than that of the member appointed from the general public, the professional society or association shall submit to the governor a list of three or more names of persons of recognized ability who have the qualifications prescribed for board members for each member of the board who will be appointed from its branch of the healing arts. The governor shall consider the list of persons in making the appointment to the board. In case of a vacancy on the board, other than that of the member appointed from the general public and the licensed podiatrist member of the board, prior to the expiration of a term of office, the governor shall appoint a qualified successor to fill the unexpired term, and in making the appointment the governor shall give consideration to the list of persons last submitted to the governor.
History: L. 1957, ch. 343, § 12; L. 1969, ch. 299, § 4; L. 1975, ch. 325, § 2; L. 1976, ch. 273, § 8; L. 1978, ch. 308, § 51; L. 1982, ch. 347, § 25; L. 1986, ch. 229, § 35; L. 1988, ch. 246, § 16; L. 1992, ch. 116, § 30; L. 2014, ch. 131, § 8; July 1, 2015.
§ 65-2813 State board of healing arts; qualifications of members
Five members of the board shall hold a degree of doctor of medicine from an accredited medical school and shall be residents of and have been actively engaged in the practice of medicine and surgery in the state of Kansas under license issued in this state, for a period of at least six consecutive years immediately preceding their appointment; three members shall hold a degree of doctor of osteopathy from an accredited school of osteopathic medicine and surgery and shall be residents of and have been actively engaged in the practice of osteopathic medicine and surgery in the state of Kansas under license issued in this state, for a period of at least six consecutive years immediately preceding their appointment; three members shall hold a degree of doctor of chiropractic from an accredited school of chiropractic and shall be residents of and have been actively engaged in the practice of chiropractic in the state of Kansas under license issued in this state, for a period of at least six consecutive years immediately preceding their appointment; one member shall be a licensed podiatrist and shall be a resident of and have been actively engaged in the practice of podiatry in the state of Kansas under license issued in this state for a period of at least six consecutive years immediately preceding appointment; and three members shall be appointed to represent the general public of this state. Subject to the provisions of K.S.A. 1992 Supp. 75-4315c, no two of the members representing the general public shall be from the same United States congressional district. No member representing the general public shall be the spouse of a licensee of the healing arts or a person or the spouse of a person who has a financial interest in any person's practice of the healing arts.
History: L. 1957, ch. 343, § 13; L. 1969, ch. 299, § 5; L. 1975, ch. 325, § 3; L. 1976, ch. 273, § 9; L. 1986, ch. 229, § 36; L. 1988, ch. 246, § 17; L. 1992, ch. 262, § 5; July 1.
§ 65-2814 Same; terms of members; vacancies
Whenever a vacancy occurs in the membership of the board, the governor shall appoint a successor of like qualifications. All appointments made shall be for a term of four years, but no member shall be appointed for more than three successive four-year terms. Each member shall serve until a successor is appointed and qualified. Whenever a vacancy occurs in the membership of the board for any reason other than the expiration of a member's term of office, the governor shall appoint a successor of like qualifications to fill the unexpired term.
History: L. 1957, ch. 343, § 14; L. 1969, ch. 299, § 6; L. 1970, ch. 260, § 2; L. 1975, ch. 325, § 4; L. 1976, ch. 273, § 10; L. 1986, ch. 229, § 37; L. 1987, ch. 240, § 5; January 1, 1988.
§§ 65-2815, 65-2816 Repealed
History: L. 1957, ch. 343, §§ 15, 16; Repealed, L. 1969, ch. 299, § 21; July 1.
§ 65-2817 Same; removal from office by governor, when
The governor shall have the power to remove from office at any time any member of the board for continued neglect of duty, for incompetency, or for unprofessional conduct as that term is defined in this act.
History: L. 1957, ch. 343, § 17; July 1.
§ 65-2818 Same; annual election of officers; powers and duties; position of secretary of board abolished
(a) The board shall organize annually at its first meeting subsequent to July 1 and shall select a president and vice-president from its own membership. The president and vice-president shall have the power to administer oaths pertaining to the business of the board.
(b) The position of secretary of the state board of healing arts is hereby abolished. Whenever the secretary of the state board of healing arts, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the president of the board.
History: L. 1957, ch. 343, § 18; L. 1987, ch. 240, § 6; January 1, 1988.
§ 65-2819 Same; seal; rules; oath; meetings
The board shall have a common seal and shall formulate rules to govern its actions. Each member of the board shall take and subscribe the oaths prescribed by law for state officers. The board shall hold an annual meeting and such additional meetings as the board may designate.
History: L. 1957, ch. 343, § 19; July 1.
§ 65-2820 Repealed
History: L. 1957, ch. 343, § 20; Repealed, L. 1967, ch. 434, § 69; July 1.
§ 65-2821 Same; filing oaths
The oaths provided for herein shall be filed in the office of the secretary of state.
History: L. 1957, ch. 343, § 21; L. 1967, ch. 434, § 18; July 1.
§ 65-2822 Same; quorum
Eight members shall constitute a quorum for the transaction of business.
History: L. 1957, ch. 343, § 22; L. 1986, ch. 229, § 38; July 1.
§ 65-2823 Same; compensation and expenses of members
Members of the board attending meetings of such board, or attending a subcommittee meeting thereof authorized by the board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto.
History: L. 1957, ch. 343, § 23; L. 1969, ch. 299, § 7; L. 1974, ch. 348, § 27; L. 1987, ch. 240, § 7; January 1, 1988.
§ 65-2824 Application for examination, contests; fees; documents and affidavits
Any person desiring to take the examination for a license hereunder shall make application to the board on a form provided by the board and sworn to by the applicant. Such application shall specify that branch of the healing arts in which the applicant desires to be examined and shall be accompanied by the prescribed examination fee and such documents and affidavits as are necessary to show the eligibility of the candidate to take such examination. All applications shall be filed in the form, within the time, and in accordance with the rules of the board.
History: L. 1957, ch. 343, § 24; July 1.
§ 65-2825 Accredited schools; list
The board shall prepare and keep up to date a list of accredited healing arts schools, but no school shall be accredited without the formal action of the board. Any such school whose graduates or students desire to take the examination in this state shall supply the board with the necessary data to allow it to determine whether such school should be accredited.
History: L. 1957, ch. 343, § 25; July 1.
§ 65-2826 Where and when examinations held
The sessions for the purpose of giving examinations shall be held at such times and places as the board may fix and not to exceed four in any one year.
History: L. 1957, ch. 343, § 26; July 1.
§ 65-2827 List of eligible applicants prior to examinations
Prior to each examination the board shall prepare a list of applicants who are eligible to take the examination.
History: L. 1957, ch. 343, § 27; July 1.
§ 65-2828 Rules and regulations designating examinations and passing grade; reexamination
(a) The board shall adopt rules and regulations designating the examinations required under K.S.A. 65-2873 and amendments thereto and the passing grade on each examination.
(b) Any applicant who fails any examination required under K.S.A. 65-2873 and amendments thereto may have a reexamination in accordance with criteria established by rules and regulations of the board, which criteria may limit the number of times an applicant may retake the examination until the applicant has submitted evidence acceptable to the board of further professional study.
History: L. 1957, ch. 343, § 28; L. 1978, ch. 249, § 1; L. 1995, ch. 82, § 3; July 1.
§ 65-2829 Repealed
History: L. 1957, ch. 343, § 29; Repealed, L. 1995, ch. 82, § 8; July 1.
§ 65-2830 Repealed
History: L. 1957, ch. 343, § 30; L. 1969, ch. 299, § 8; L. 1976, ch. 273, § 11; Repealed, L. 1989, ch. 196, § 5; July 1.
§ 65-2831 Issuance of license; record
After each examination the board shall issue a proper license to successful candidates, and make the required entry.
History: L. 1957, ch. 343, § 31; July 1.
§ 65-2832 Preservation of examination results; availability
The results of any examination for a license shall be preserved for two (2) years. During this time the results of an examination shall be available to the applicant or the duly authorized representative of the applicant under regulations prescribed by the board.
History: L. 1957, ch. 343, § 32; L. 1976, ch. 273, § 12; L. 1978, ch. 249, § 2; February 14.
§ 65-2833 Endorsement licenses; requirements; rules and regulations
The board, without examination, may issue a license to a person who has been in the active practice of a branch of the healing arts in some other state, territory, the District of Columbia or other country upon certificate of 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 had other disciplinary action taken and that, so far as the records of such authority are concerned, the applicant is entitled to its endorsement. The applicant shall also present proof satisfactory to the board:
(a) 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 by Kansas.
(b) 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.
(c) Of the date of the applicant's original and any and all endorsed licenses and the date and place from which any license was attained.
(d) That 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.
(e) That the applicant has a reasonable ability to communicate in English.
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 legal requirements.
In lieu of any other requirement prescribed by law for satisfactory passage of any examination in any branch of the healing arts the board may accept evidence satisfactory to it that the applicant or licensee has satisfactorily passed an equivalent examination given by a national board of examiners in chiropractic, osteopathic medicine and surgery or medicine and surgery as now required by Kansas statutes for endorsement from other states.
History: L. 1957, ch. 343, § 33; L. 1965, ch. 382, § 9; L. 1969, ch. 299, § 9; L. 1976, ch. 273, § 13; L. 1979, ch. 198, § 1; L. 1986, ch. 229, § 40; L. 2014, ch. 131, § 9; July 1, 2015.
§ 65-2834 Repealed
History: L. 1957, ch. 343, § 34; Repealed, L. 1979, ch. 198, § 11; July 1.
§ 65-2835 Certificate of standing; application; fee
Any licensee shall receive, upon application to the board and the payment of the required fee, a certified statement that the licensee is a duly licensed practitioner in the branch of the healing arts for which he or she is licensed in this state.
History: L. 1957, ch. 343, § 35; L. 1979, ch. 198, § 2; July 1.
§ 65-2836 Revocation, suspension, limitation or denial of licenses; censure of licensee; grounds; consent to submit to mental or physical examination or drug screen, or any combination thereof, implied
A licensee's license may be revoked, suspended or limited, or the licensee may be publicly censured or placed under probationary conditions, or an application for a license or for reinstatement of a license may be denied upon a finding of the existence of any of the following grounds:
(a) The licensee has committed fraud or misrepresentation in applying for or securing an original, renewal or reinstated license.
(b) The licensee has committed an act of unprofessional or dishonorable conduct or professional incompetency, except that the board may take appropriate disciplinary action or enter into a non-disciplinary resolution when a licensee has engaged in any conduct or professional practice on a single occasion that, if continued, would reasonably be expected to constitute an inability to practice the healing arts with reasonable skill and safety to patients or unprofessional conduct as defined in K.S.A. 65-2837, and amendments thereto.
(c) The licensee has been convicted of a felony or class A misdemeanor, or substantially similar offense in another jurisdiction, whether or not related to the practice of the healing arts, or the licensee has been convicted in a special or general court-martial, whether or not related to the practice of the healing arts. The board shall revoke a licensee's license following conviction of a felony or substantially similar offense in another jurisdiction, or following conviction in a general court-martial occurring after July 1, 2000, unless a
2/3 majority of the board members present and voting determine by clear and convincing evidence that such licensee will not pose a threat to the public in such person's capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the public trust. In the case of a person who has been convicted of a felony or convicted in a general court-martial and who applies for an original license or to reinstate a canceled license, the application for a license shall be denied unless a
2/3 majority of the board members present and voting on such application determine by clear and convincing evidence that such person will not pose a threat to the public in such person's capacity as a licensee and that such person has been sufficiently rehabilitated to warrant the public trust.
(d) The licensee has used fraudulent or false advertisements.
(e) The licensee is addicted to or has distributed intoxicating liquors or drugs for any other than lawful purposes.
(f) The licensee has willfully or repeatedly violated this act, the pharmacy act of the state of Kansas or the uniform controlled substances act, or any rules and regulations adopted pursuant thereto, or any rules and regulations of the secretary of health and environment that are relevant to the practice of the healing arts.
(g) The licensee has unlawfully invaded the field of practice of any branch of the healing arts in which the licensee is not licensed to practice.
(h) The licensee has engaged in the practice of the healing arts under a false or assumed name, or the impersonation of another practitioner. The provisions of this subsection relating to an assumed name shall not apply to licensees practicing under a professional corporation, under a business entity that holds a certificate of authorization pursuant to K.S.A. 2025 Supp. 65-28,134, and amendments thereto, or under any other legal entity duly authorized to provide such professional services in the state of Kansas.
(i) The licensee's ability to practice the healing arts with reasonable skill and safety to patients is impaired by reason of physical or mental illness, or condition or use of alcohol, drugs or controlled substances. All information, reports, findings and other records relating to impairment shall be confidential and not subject to discovery by or release to any person or entity outside of a board proceeding.
(j) The licensee has had a license to practice the healing arts revoked, suspended or limited, has been censured or has had other disciplinary action taken, or an application for a license denied, by the proper licensing authority of another state, territory, District of Columbia, or other country.
(k) The licensee has violated any lawful rule and regulation promulgated by the board or violated any lawful order or directive of the board previously entered by the board.
(l) The licensee has failed to report or reveal the knowledge required to be reported or revealed under K.S.A. 65-28,122, and amendments thereto.
(m) The licensee, if licensed to practice medicine and surgery, has failed to inform in writing a patient suffering from any form of abnormality of the breast tissue for which surgery is a recommended form of treatment, of alternative methods of treatment recognized by licensees of the same profession in the same or similar communities as being acceptable under like conditions and circumstances.
(n) The licensee has cheated on or attempted to subvert the validity of the examination for a license.
(o) The licensee has been found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or incompetent to stand trial by a court of competent jurisdiction.
(p) The licensee has prescribed, sold, administered, distributed or given a controlled substance to any person for other than medically accepted or lawful purposes.
(q) The licensee has violated a federal law or regulation relating to controlled substances.
(r) The licensee has failed to furnish the board, or its investigators or representatives, any information legally requested by the board.
(s) Sanctions or disciplinary actions have been taken against the licensee by a peer review committee, healthcare facility, a governmental agency or department or a professional association or society for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.
(t) The licensee has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a peer review body, a healthcare facility, a professional association or society, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.
(u) The licensee has surrendered a license or authorization to practice the healing arts in another state or jurisdiction, has surrendered the authority to utilize controlled substances issued by any state or federal agency, has agreed to a limitation to or restriction of privileges at any medical care facility or has surrendered the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.
(v) The licensee has failed to report to the board surrender of the licensee's license or authorization to practice the healing arts in another state or jurisdiction or surrender of the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.
(w) The licensee has an adverse judgment, award or settlement against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.
(x) The licensee has failed to report to the board any adverse judgment, settlement or award against the licensee resulting from a medical malpractice liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.
(y) The licensee has failed to maintain a policy of professional liability insurance as required by K.S.A. 40-3402 or 40-3403a, and amendments thereto.
(z) The licensee has failed to pay the premium surcharges as required by K.S.A. 40-3404, and amendments thereto.
(aa) The licensee has knowingly submitted any misleading, deceptive, untrue or fraudulent representation on a claim form, bill or statement.
(bb) The licensee as the supervising physician for a physician assistant has failed to adequately direct and supervise the physician assistant in accordance with the physician assistant licensure act or rules and regulations adopted under such act.
(cc) The licensee has assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto, as established by any of the following:
(1) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto.
(2) A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto.
(3) A copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.
(dd) The licensee has given a worthless check or stopped payment on a debit or credit card for fees or moneys legally due to the board.
(ee) The licensee has knowingly or negligently abandoned medical records.
History: L. 1957, ch. 343, § 36; L. 1969, ch. 299, § 10; L. 1972, ch. 231, § 8; L. 1976, ch. 273, § 14; L. 1976, ch. 275, § 1; L. 1979, ch. 198, § 3; L. 1983, ch. 214, § 1; L. 1983, ch. 213, § 7; L. 1984, ch. 236, § 1; L. 1986, ch. 234, § 5; L. 1986, ch. 229, § 41; L. 1986, ch. 239, § 2; L. 1987, ch. 176, § 5; L. 1987, ch. 239, § 3; L. 1987, ch. 242, § 3; L. 1989, ch. 196, § 1; L. 1991, ch. 192, § 2; L. 1995, ch. 251, § 36; L. 1998, ch. 142, § 12; L. 2000, ch. 141, § 5; L. 2001, ch. 31, § 2; L. 2008, ch. 154, § 6; L. 2011, ch. 30, § 241; L. 2014, ch. 131, § 10; L. 2015, ch. 46, § 5; L. 2019, ch. 52, § 4; March 1, 2020.
§ 65-2836a Repealed
History: L. 1957, ch. 343, § 36; L. 1969, ch. 299, § 10; L. 1972, ch. 231, § 8; L. 1976, ch. 273, § 14; L. 1976, ch. 275, § 1; L. 1979, ch. 198, § 3; L. 1983, ch. 214, § 1; L. 1983, ch. 213, § 7; L. 1984, ch. 236, § 1; L. 1986, ch. 234, § 5; L. 1986, ch. 229, § 41; L. 1986, ch. 239, § 2; L. 1987, ch. 176, § 5; L. 1987, ch. 239, § 3; L. 1987, ch. 242, § 3; L. 1989, ch. 196, § 1; L. 1991, ch. 192, § 2; L. 1995, ch. 251, § 36; L. 1998, ch. 142, § 12; L. 2000, ch. 162, § 19; Repealed, L. 2001, ch. 31, § 5; July 1.
§ 65-2837 Revocation, suspension, limitation or denial of license; definitions
As used in K.S.A. 65-2836, and amendments thereto, and in this section:
(a) "Professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board.
(2) Repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board.
(3) A pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to practice the healing arts.
(b) "Unprofessional conduct" means:
(1) Solicitation of professional patronage through the use of fraudulent or false advertisements, or profiting by the acts of those representing themselves to be agents of the licensee.
(2) Representing to a patient that a manifestly incurable disease, condition or injury can be permanently cured.
(3) Assisting in the care or treatment of a patient without the consent of the patient, the attending physician or the patient's legal representatives.
(4) The use of any letters, words or terms as an affix, on stationery, in advertisements or otherwise indicating that such person is entitled to practice a branch of the healing arts for which such person is not licensed.
(5) Performing, procuring or aiding and abetting in the performance or procurement of a criminal abortion.
(6) Willful betrayal of confidential information.
(7) Advertising professional superiority or the performance of professional services in a superior manner.
(8) Advertising to guarantee any professional service or to perform any operation painlessly.
(9) Participating in any action as a staff member of a medical care facility that is designed to exclude or that results in the exclusion of any person licensed to practice medicine and surgery from the medical staff of a nonprofit medical care facility licensed in this state because of the branch of the healing arts practiced by such person or without just cause.
(10) Failure to effectuate the declaration of a qualified patient as provided in K.S.A. 65-28,107(a), and amendments thereto.
(11) Prescribing, ordering, dispensing, administering, selling, supplying or giving any amphetamines or sympathomimetic amines, except as authorized by K.S.A. 65-2837a, and amendments thereto.
(12) Conduct likely to deceive, defraud or harm the public.
(13) Making a false or misleading statement regarding the licensee's skill or the efficacy or value of the drug, treatment or remedy prescribed by the licensee or at the licensee's direction in the treatment of any disease or other condition of the body or mind.
(14) Aiding or abetting the practice of the healing arts by an unlicensed, incompetent or impaired person.
(15) Allowing another person or organization to use the licensee's license to practice the healing arts.
(16) Commission of any act of sexual abuse, misconduct or other improper sexual contact that exploits the licensee-patient relationship with a patient or a person responsible for healthcare decisions concerning such patient.
(17) The use of any false, fraudulent or deceptive statement in any document connected with the practice of the healing arts including the intentional falsifying or fraudulent altering of a patient or medical care facility record.
(18) Obtaining any fee by fraud, deceit or misrepresentation.
(19) Directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, other than through the legal functioning of lawful professional partnerships, corporations, limited liability companies or associations.
(20) Failure to transfer patient records to another licensee when requested to do so by the subject patient or by such patient's legally designated representative.
(21) Performing unnecessary tests, examinations or services that have no legitimate medical purpose.
(22) Charging an excessive fee for services rendered.
(23) Prescribing, dispensing, administering or distributing a prescription drug or substance, including a controlled substance, in an improper or inappropriate manner, or for other than a valid medical purpose, or not in the course of the licensee's professional practice.
(24) Repeated failure to practice healing arts with that level of care, skill and treatment that is recognized by a reasonably prudent similar practitioner as being acceptable under similar conditions and circumstances.
(25) Failure to keep written medical records that accurately describe the services rendered to the patient, including patient histories, pertinent findings, examination results and test results.
(26) Delegating professional responsibilities to a person when the licensee knows or has reason to know that such person is not qualified by training, experience or licensure to perform them.
(27) Using experimental forms of therapy without proper informed patient consent, without conforming to generally accepted criteria or standard protocols, without keeping detailed legible records or without having periodic analysis of the study and results reviewed by a committee or peers.
(28) Prescribing, dispensing, administering or distributing an anabolic steroid or human growth hormone for other than a valid medical purpose. Bodybuilding, muscle enhancement or increasing muscle bulk or strength through the use of an anabolic steroid or human growth hormone by a person who is in good health is not a valid medical purpose.
(29) Referring a patient to a healthcare entity for services if the licensee has a significant investment interest in the healthcare entity, unless the licensee informs the patient in writing of such significant investment interest and that the patient may obtain such services elsewhere.
(30) Failing to properly supervise, direct or delegate acts that constitute the healing arts to persons who perform professional services pursuant to such licensee's direction, supervision, order, referral, delegation or practice protocols.
(31) Violating K.S.A. 65-6703, and amendments thereto.
(32) Violating the help not harm act, K.S.A. 2025 Supp. 65-28,137 through 65-28,142, and amendments thereto.
(33) Charging, billing or otherwise soliciting payment from any patient, patient's representative or insurer for anatomic pathology services, if such services are not personally rendered by the licensee or under such licensee's direct supervision. As used in this subsection, "anatomic pathology services" means the gross or microscopic examination of histologic processing of human organ tissue or the examination of human cells from fluids, aspirates, washings, brushings or smears, including blood banking services, and subcellular or molecular pathology services, performed by or under the supervision of a person licensed to practice medicine and surgery or a clinical laboratory. Nothing in this subsection shall be construed to prohibit billing for anatomic pathology services by:
(A) A hospital;
(B) a clinical laboratory when samples are transferred between clinical laboratories for the provision of anatomic pathology services; or
(C) a physician providing services to a patient pursuant to a medical retainer agreement in compliance with K.S.A. 65-4978, and amendments thereto, when the bill to the patient for such services:
(i) Identifies the laboratory or physician that performed the services;
(ii) discloses in writing to the patient the actual amount charged by the physician or laboratory that performed the service; and
(iii) is consistent with rules and regulations adopted by the board for appropriate billing standards applicable to such services when furnished under these agreements.
(34) Engaging in conduct that violates patient trust and exploits the licensee-patient relationship for personal gain.
(35) Obstructing a board investigation including, but not limited to, engaging in one or more of the following acts:
(A) Falsifying or concealing a material fact;
(B) knowingly making or causing to be made any false or misleading statement or writing; or
(C) other acts or conduct likely to deceive or defraud the board.
(c) "False advertisement" means any advertisement that is false, misleading or deceptive in a material respect. In determining whether any advertisement is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations made.
(d) "Advertisement" means all representations disseminated in any manner or by any means for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of professional services.
(e) "Licensee" for purposes of this section and K.S.A. 65-2836, and amendments thereto, means all persons issued a license, permit or special permit pursuant to article 28 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(f) "License" for purposes of this section and K.S.A. 65-2836, and amendments thereto, means any license, permit or special permit granted under article 28 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(g) "Healthcare entity" means any corporation, firm, partnership or other business entity that provides services for diagnosis or treatment of human health conditions and that is owned separately from a referring licensee's principle practice.
(h) "Significant investment interest" means ownership of at least 10% of the value of the firm, partnership or other business entity that owns or leases the healthcare entity, or ownership of at least 10% of the shares of stock of the corporation that owns or leases the healthcare entity.
History: L. 1957, ch. 343, § 37; L. 1976, ch. 273, § 15; L. 1979, ch. 198, § 4; L. 1979, ch. 200, § 1; L. 1983, ch. 214, § 2; L. 1984, ch. 237, § 2; L. 1986, ch. 229, § 42; L. 1987, ch. 176, § 6; L. 1989, ch. 196, § 2; L. 1991, ch. 192, § 3; L. 1993, ch. 205, § 1; L. 1998, ch. 170, § 2; L. 2000, ch. 141, § 6; L. 2006, ch. 110, § 5; L. 2007, ch. 66, § 1; L. 2008, ch. 154, § 7; L. 2014, ch. 131, § 11; L. 2017, ch. 33, § 1; L. 2025, ch. 1, § 7; February 20.
§ 65-2837a Restrictions on prescribing, ordering, dispensing, administering, selling, supplying or giving certain amphetamine or sympathomimetic amine controlled substances; unprofessional conduct
(a) It shall be unlawful for any person licensed to practice medicine and surgery to prescribe, order, dispense, administer, sell, supply or give or for a mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto, to prescribe, administer, supply or give any amphetamine or sympathomimetic amine designated in schedule II, III or IV under the uniform controlled substances act, except as provided in this section. Failure to comply with this section by a licensee shall constitute unprofessional conduct under K.S.A. 65-2837, and amendments thereto.
(b) When any licensee prescribes, orders, dispenses, administers, sells, supplies or gives or when any mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto, prescribes, administers, sells, supplies or gives any amphetamine or sympathomimetic amine designated in schedule II, III or IV under the uniform controlled substances act, the patient's medical record shall adequately document the purpose for which the drug is being given. Such purpose shall be restricted to one or more of the following:
(1) The treatment of narcolepsy.
(2) The treatment of drug-induced brain dysfunction.
(3) The treatment of attention-deficit/hyperactivity disorder.
(4) The differential diagnostic psychiatric evaluation of depression.
(5) The treatment of depression shown by adequate medical records and documentation to be unresponsive to other forms of treatment.
(6) The clinical investigation of the effects of such drugs or compounds, in which case, before the investigation is begun, the licensee shall, in addition to other requirements of applicable laws, apply for and obtain approval of the investigation from the state board of healing arts.
(7) The treatment of obesity with controlled substances, as may be defined by rules and regulations adopted by the board of healing arts.
(8) The treatment of binge eating disorder.
(9) The treatment of any other disorder or disease for which such drugs or compounds have been found to be safe and effective by competent scientific research that has been generally accepted by the scientific community, in which case, the licensee before prescribing, ordering, dispensing, administering, selling, supplying or giving the drug or compound for a particular condition, or the licensee before authorizing a mid-level practitioner to prescribe the drug or compound for a particular condition, shall obtain a determination from the board of healing arts that the drug or compound can be used for that particular condition.
History: L. 1984, ch. 237, § 1; L. 1997, ch. 57, § 1; L. 1999, ch. 115, § 12; L. 2007, ch. 18, § 1; L. 2016, ch. 95, § 1; L. 2017, ch. 34, § 21; April 20.
§ 65-2837b Repealed
History: L. 1957, ch. 343, § 37; L. 1976, ch. 273, § 15; L. 1979, ch. 198, § 4; L. 1979, ch. 200, § 1; L. 1983, ch. 214, § 2; L. 1984, ch. 237, § 2; L. 1986, ch. 229, § 42; L. 1987, ch. 176, § 6; L. 1989, ch. 196, § 2; L. 1991, ch. 192, § 3; L. 1993, ch. 205, § 1; L. 1998, ch. 142, § 19; Repealed, L. 2000, ch. 141, § 7; July 1.
§ 65-2838 Disciplinary action against licensee, registrant, permit holder or certificate holder; procedure; stipulations; temporary suspension or limitation; emergency proceedings; guidelines for use of controlled substances for treatment of pain; written advisory opinions
(a) The board shall have jurisdiction of proceedings to take disciplinary action authorized by the applicable practice act. Unless otherwise specified, any such action shall be taken in accordance with the provisions of the Kansas administrative procedure act.
(b) Either before or after formal charges have been filed, the board and the licensee, registrant, permit holder or certificate holder may enter into a stipulation which shall be binding upon the board and the person 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 authorized by the applicable practice act against the person entering into such stipulation.
(c) The board may temporarily suspend or temporarily limit the license, registration, permit or certificate of any licensee, registrant, permit holder or certificate holder in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that grounds exist for disciplinary action authorized by the applicable practice act against the person and that the person's continuation in practice would constitute an imminent danger to the public health and safety.
(d) The board shall adopt guidelines for the use of controlled substances for the treatment of pain.
(e) Upon request of another regulatory or enforcement agency, or a licensee, the board may render a written advisory opinion indicating whether the licensee has prescribed, dispensed, administered or distributed controlled substances in accordance with the treatment of pain guidelines adopted by the board.
History: L. 1957, ch. 343, § 38; L. 1976, ch. 273, § 16; L. 1978, ch. 250, § 1; L. 1979, ch. 198, § 5; L. 1984, ch. 238, § 12; L. 1984, ch. 313, § 118; L. 1986, ch. 229, § 43; L. 2006, ch. 110, § 6; L. 2014, ch. 131, § 12; July 1, 2015.
§ 65-2838a Non-disciplinary resolution; procedure
(a) The board or a committee of the board, as a non-disciplinary resolution, may enter into a written agreement with a licensee, registrant, permit holder or certificate holder for a professional development plan, make written recommendations to the person or issue a written letter of concern to the person if the board or committee of the board determines that the person:
(1) Seeks to establish continued competency for renewal other than through continued education requirements established pursuant to the applicable practice act;
(2) has been absent from clinical practice for an extended period of time and seeks to resume clinical practice;
(3) has failed to adhere to the applicable standard of care but not to a degree constituting professional incompetence, as defined by the applicable practice act; or
(4) has engaged in an act or practice that, if continued, would reasonably be expected to result in future violations of the applicable practice act.
(b) Notwithstanding any other provision of law, a meeting of the board or a committee of the board, for the purpose of discussing or adopting a non-disciplinary resolution authorized by this section shall not be subject to the Kansas administrative procedures act, K.S.A. 77-501 et seq., and amendments thereto, and shall not be subject to the Kansas open meetings act as provided in K.S.A. 75-4317 et seq., and amendments thereto. A non-disciplinary resolution authorized by this section shall not be deemed disciplinary action or other order or adjudication. No failure to adhere to the applicable standard of care or violation of the Kansas healing arts act may be implied by the adoption of a non-disciplinary resolution.
(c) A non-disciplinary resolution authorized by this section shall be confidential in the manner provided by K.S.A. 65-2898a, and amendments thereto, and shall not be admissible in any civil, criminal or administrative action, except that such resolution shall be admissible in any disciplinary proceeding by the board.
(d) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 2008, ch. 154, § 1; L. 2014, ch. 131, § 13; July 1, 2015.
§ 65-2839 Repealed
History: L. 1957, ch. 343, § 39; L. 1976, ch. 273, § 17; Repealed, L. 1984, ch. 238, § 17; July 1, 1984; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-2839a Investigations and proceedings conducted by board; access to evidence; subpoenas; access to criminal history; confidentiality of information
(a) In connection with any investigation by the board, the board or its duly authorized agents or employees shall at all reasonable times have access to, for the purpose of examination, and the right to copy any document, report, record or other physical evidence of any person being investigated, or any document, report, record or other evidence maintained by and in possession of any clinic, office of a practitioner of any profession regulated by the board, laboratory, pharmacy, medical care facility or other public or private agency if such document, report, record or evidence relates to professional competence, unprofessional conduct or the mental or physical ability of a person to safely practice any profession regulated by the board.
(b) For the purpose of all investigations and proceedings conducted by the board:
(1) The board may issue subpoenas compelling the attendance and testimony of witnesses or the production for examination or copying of documents or any other physical evidence if such evidence relates to medical competence, unprofessional conduct or the mental or physical ability of a licensee, registrant, permit holder or certificate holder to safely practice. Within five days after the service of the subpoena on any person requiring the production of any evidence in the person's possession or under the person's control, such person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the evidence required does not relate to practices which may be grounds for disciplinary action, is not relevant to the charge which is the subject matter of the proceeding or investigation, or does not describe with sufficient particularity the physical evidence which is required to be produced. Any member of the board, or any agent designated by the board, may administer oaths or affirmations, examine witnesses and receive such evidence. The board shall have the authority to compel the production of evidence upon noncompliance with an investigative subpoena, if in the opinion of the board or the board's designee, the evidence demanded relates to a practice which may be grounds for disciplinary action, is relevant to the charge which is the subject matter of the investigation and describes with sufficient particularity the physical evidence required to be produced.
(2) Any person appearing before the board shall have the right to be represented by counsel.
(3) The district court, upon application by the board or after exhaustion of available administrative remedies by the person subpoenaed, shall have jurisdiction to issue an order:
(A) Requiring such person to appear before the board or the board's duly authorized agent to produce evidence relating to the matter under investigation; or
(B) revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to practices which may be grounds for disciplinary action, is not relevant to the charge which is the subject matter of the hearing or investigation or does not describe with sufficient particularity the evidence which is required to be produced.
(c) The board may receive from the Kansas bureau of investigation or other criminal justice agencies such criminal history record information, including arrest and nonconviction data, criminal intelligence information and information relating to criminal and background investigations as necessary for the purpose of determining initial and continuing qualifications of licensees, permit holders, registrants and certificate holders of, and applicants for, licensure and registration by the board in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
(d) Patient records, including clinical records, medical reports, laboratory statements and reports, files, films, other reports or oral statements relating to diagnostic findings or treatment of patients, information from which a patient or a patient's family might be identified, peer review or risk management records or information received and records kept by the board as a result of the investigation procedure outlined in this section shall be confidential and shall not be disclosed.
(e) Nothing in this section or any other provision of law making communications between a licensee, registrant, permit holder or certificate holder and the patient a privileged communication shall apply to investigations or proceedings conducted pursuant to this section. The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this section.
History: L. 1986, ch. 229, § 39; L. 1992, ch. 253, § 3; L. 2014, ch. 131, § 14; L. 2024, ch. 15, § 54; July 1.
§ 65-2840 Repealed
History: L. 1957, ch. 343, § 40; L. 1976, ch. 273, § 18; Repealed, L. 1984, ch. 238, § 17; July 1.
§ 65-2840a Disciplinary counsel; appointment; qualifications; duties; application for subpoenas; staff; rules and regulations
The state board of healing arts shall appoint a disciplinary counsel, who shall not otherwise be an attorney for the board, with the duties set out in this act. The disciplinary counsel shall be an attorney admitted to practice law in the state of Kansas. The disciplinary counsel shall have the power and the duty to investigate or cause to be investigated all matters involving professional incompetency, unprofessional conduct or any other matter which may result in disciplinary action against a licensee, registrant, permit holder or certificate holder pursuant to the applicable practice act. In the performance of these duties, the disciplinary counsel may apply to any court having power to issue subpoenas for an order to require by subpoena the attendance of any person or by subpoena duces tecum the production of any records for the purpose of the production of any information pertinent to an investigation. Subject to approval by the state board of healing arts, the disciplinary counsel shall employ clerical and other staff necessary to carry out the duties of the disciplinary counsel. The state board of healing arts may adopt rules and regulations necessary to allow the disciplinary counsel to properly perform the functions of such position under this act.
History: L. 1984, ch. 238, § 8; L. 1986, ch. 229, § 44; L. 2014, ch. 131, § 15; July 1, 2015.
§ 65-2840b Repealed
History: L. 1984, ch. 238, § 9; L. 1984, ch. 313, § 156; Repealed, L. 1985, ch. 88, § 7; July 1.
§ 65-2840c Review committees; establishment; composition; expenses
Review committees shall be established and appointed by the state board of healing arts for each branch of the healing arts as necessary to advise the board in carrying out the provisions of this act. Each review committee shall be composed of three members and designated alternates. Each of the members and their designated alternates shall serve for a period of two years, all of whom shall be licensed by the board to practice the branch of the healing arts for which the review committee is established. Members of the state board of healing arts shall not be eligible to act as members of the review committee. Members may be selected from names submitted by the state professional association for the branch of healing arts involved. The members of such review committees attending meetings of any review committees shall be paid compensation, subsistence allowances, mileage and expenses as provided by K.S.A. 75-3223 and amendments thereto.
History: L. 1984, ch. 238, § 10; L. 1997, ch. 94, § 7; April 17.
§ 65-2840d Repealed
History: L. 1984, ch. 238, § 11; Repealed, L. 1985, ch. 88, § 7; July 1.
§ 65-2841 Repealed
History: L. 1957, ch. 343, § 41; L. 1984, ch. 238, § 13; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-2842 Mental or physical examination or drug screen, or any combination thereof, of licensee, registrant, permit holder or certificate holder; requirement by board; confidentiality of records; computation of time limit for hearing
(a) Upon reasonable suspicion that a person's ability to practice such person's profession with reasonable skill and safety to patients is impaired by reason of physical or mental illness, or condition or use of alcohol, drugs or controlled substances, the board shall have authority to compel the person to submit to a mental or physical examination, substance abuse evaluation or drug screen or any combination thereof, by such persons as the board may designate either in the course of an investigation or a disciplinary proceeding.
(b) To determine whether reasonable suspicion of impaired ability exists, the investigative information shall be presented to the board as a whole, or to a committee consisting of the officers of the board elected pursuant to K.S.A. 65-2818, and amendments thereto, and the executive director appointed pursuant to K.S.A. 65-2878, and amendments thereto, or to a presiding officer authorized pursuant to K.S.A. 77-514, and amendments thereto. The determination shall be made by a majority vote of the entity which reviewed the investigative information. Information submitted to the board as a whole or a committee of the officers and executive director of the board or presiding officer and all reports, findings and other records shall be confidential and not subject to discovery by or release to any person or entity.
(c) The person shall submit to the board a release of information authorizing the board to obtain a report of such examination or drug screen, or both. Any person affected by this section shall be offered, at reasonable intervals, an opportunity to demonstrate that such person can resume the competent practice of such person's profession with reasonable skill and safety to patients. For the purposes of this section, every person who accepts the privilege to practice any profession regulated by the board in this state by practicing or by the making and filing of a renewal application in this state shall be deemed to have consented to submit to a mental or physical examination, substance abuse evaluation or a drug screen, or any combination thereof, when directed in writing by the board. Further, such person shall be deemed to have waived all objections to the admissibility of the testimony, drug screen or examination report of the person conducting such examination or drug screen, or both, at any proceeding or hearing before the board on the ground that such testimony or examination or drug screen report constitutes a privileged communication.
(d) In any proceeding by the board pursuant to the provisions of this section, the records of any board proceedings involving the mental and physical examination, substance abuse evaluation or drug screen, or any combination thereof, shall be considered confidential and shall not be used in any civil, criminal or administrative action, other than an administrative or disciplinary proceeding by the board.
(e) Whenever the board directs, that a licensee, registrant, permit holder or certificate holder submit to a mental or physical examination, substance abuse evaluation or drug screen, or any combination thereof, the time from the date of the board's directive until the submission to the board of the report of the examination or drug screen, or both, shall not be included in the computation of the time limit for hearing prescribed by the Kansas administrative procedure act.
History: L. 1957, ch. 343, § 42; L. 1979, ch. 198, § 6; L. 1983, ch. 214, § 3; L. 1984, ch. 238, § 14; L. 1984, ch. 313, § 119; L. 1991, ch. 192, § 4; L. 2014, ch. 131, § 16; July 1, 2015.
§ 65-2843 Repealed
History: L. 1957, ch. 343, § 43; L. 1976, ch. 273, § 19; L. 1984, ch. 238, § 15; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-2844 Reinstatement of license, registration, permit or certificate; application; burden of proof; reapplication for reinstatement, when; proceedings
A person whose license, registration, permit or certificate 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 a reinstatement of a revoked license, registration, permit or certificate fee established by the board under the applicable practice act. 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 a license, registration, permit or certificate 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 provisions of 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, registration, permit or certificate.
History: L. 1957, ch. 343, § 44; L. 1976, ch. 273, § 20; L. 1984, ch. 313, § 120; L. 1987, ch. 240, § 8; L. 1991, ch. 193, § 1; L. 2010, ch. 17, § 139; L. 2014, ch. 131, § 17; July 1, 2015.
§ 65-2845 Repealed
History: L. 1957, ch. 343, § 45; L. 1976, ch. 273, § 21; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-2846 Costs of proceedings; assessment of costs incurred
(a) For all professions regulated by the board, if the board's order is adverse to the licensee, registrant, permit holder, certificate holder or applicant for reinstatement of license, costs incurred by the board in conducting any investigation or proceeding under the Kansas administrative procedure act may be assessed against the parties to the proceeding in such proportion as the board may determine upon consideration of all relevant circumstances including the nature of the proceeding and the level of participation by the parties. Costs assessed by the board pursuant to K.S.A. 65-2846, and amendments thereto, shall be considered costs in an administrative matter pursuant to 11 U.S.C. § 523. If the board is the unsuccessful party, the costs shall be paid from the healing arts fee fund.
(b) For purposes of this section, costs incurred shall include, but are not limited to: The presiding officer fees and expenses, costs of making any transcripts, reasonable investigative costs, witness fees and expenses, mileage, travel allowances and subsistence expenses of board employees and fees and expenses of agents of the board who provide services pursuant to K.S.A. 65-2878a, and amendments thereto. Costs incurred shall not include presiding officer fees and expenses unless the board has designated or retained the services of independent contractors to perform such functions.
(c) The board shall make any assessment of costs incurred as part of the final order rendered in the proceeding. Such order shall include findings and conclusions in support of the assessment of costs.
History: L. 1957, ch. 343, § 46; L. 1965, ch. 382, § 10; L. 1973, ch. 309, § 22; L. 1991, ch. 193, § 2; L. 2014, ch. 131, § 18; July 1, 2015.
§ 65-2847 Same; costs due state; uncollectible, paid by board
All costs accrued at the instance of the state, when it is the successful party, and which the attorney general certifies cannot be collected from the defendant, shall be paid out of any available funds in the state treasury to the credit of the board.
History: L. 1957, ch. 343, § 47; July 1.
§ 65-2848 Repealed
History: L. 1957, ch. 343, § 48; L. 1976, ch. 273, § 22; L. 1979, ch. 198, § 7; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-2849 Hearing of cause in district court; precedence
The cause shall be heard by the court at a time fixed by it, and shall take precedence over all other cases upon the court docket except workmen's compensation and criminal cases.
History: L. 1957, ch. 343, § 49; July 1.
§ 65-2850 Same; appeal bond of licensee
In the event the board appeals, no bond shall be required. If the licensee appeals, the only bond required shall be one running to the state, in an amount to be fixed by the court for the payment of the costs both before the board and in the district court, and the bond shall be approved by the judge of the district court. The bond shall be cash or professional surety.
History: L. 1957, ch. 343, § 50; L. 1976, ch. 273, § 23; L. 1984, ch. 313, § 121; L. 1992, ch. 314, § 16; L. 2014, ch. 131, § 19; July 1, 2015.
§ 65-2851 Repealed
History: L. 1957, ch. 343, § 51; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-2851a Administrative proceedings; procedure, review and civil enforcement
(a) Unless otherwise specified, all administrative proceedings provided for by the practice act of each profession regulated by the board and affecting any licensee, registrant, permit holder or certificate holder shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Judicial review and civil enforcement of any agency action under article 28 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be in accordance with the Kansas judicial review act.
History: L. 1984, ch. 313, § 124; L. 2010, ch. 17, § 140; L. 2014, ch. 131, § 20; July 1, 2015.
§ 65-2852 Fees; collection by board
The following fees shall be established by the board by rules and regulations and collected by the board:
(a) For a license, issued upon the basis of an examination, in a sum of not more than $300;
(b) for a license, issued without examination and by endorsement, in a sum of not more than $300;
(c) for a license, issued upon a certificate from the national boards, in a sum of not more than $300;
(d) for the renewal of a license, the sum of not more than $500;
(e) for a temporary permit, in a sum of not more than $60;
(f) for an institutional license, in a sum of not more than $300;
(g) for a visiting professor temporary license, in a sum of not more than $50;
(h) for a certified statement from the board that a licensee is licensed in this state, the sum of not more than $30;
(i) for any copy of any license issued by the board, the sum of not more than $30;
(j) for any examination given by the board, a sum in an amount equal to the cost to the board of the examination;
(k) for application for and issuance of a special permit under K.S.A. 65-2811a, and amendments thereto, the sum of not more than $60;
(l) for an exempt or inactive license or renewal of an exempt or inactive license, the sum of not more than $150;
(m) for conversion of an exempt or inactive license to a license to practice the healing arts, the sum of not more than $300;
(n) for reinstatement of a revoked license, in a sum of not more than $1,000;
(o) for reinstatement of a canceled license, in a sum of not more than $500;
(p) for a visiting clinical professor license, or renewal of a visiting clinical professor license, in a sum of not more than $300;
(q) for a postgraduate permit in a sum of not more than $60;
(r) for a limited permit or renewal of a limited permit, the sum of not more than $60;
(s) for a written verification of any license or permit, the sum of not more than $25;
(t) for a reentry active license or renewal of a reentry active license, the sum of not more than $500; and
(u) for a resident active license, the sum of not more than $500.
History: L. 1957, ch. 343, § 52; L. 1966, ch. 35, § 2 (Budget Session); L. 1969, ch. 299, § 11; L. 1974, ch. 255, § 1; L. 1978, ch. 249, § 3; L. 1985, ch. 217, § 1; L. 1985, ch. 216, § 5; L. 1987, ch. 239, § 4; L. 1987, ch. 242, § 4; L. 1988, ch. 251, § 2; L. 1991, ch. 193, § 3; L. 1992, ch. 156, § 3; L. 1995, ch. 82, § 4; L. 1997, ch. 94, § 2; L. 2000, ch. 141, § 3; L. 2014, ch. 131, § 21; L. 2015, ch. 46, § 6; July 1.
§ 65-2853 Repealed
History: L. 1957, ch. 343, § 53; Repealed, L. 1991, ch. 192, § 7; July 1.
§ 65-2854 Repealed
History: L. 1957, ch. 343, § 54; Repealed, L. 1973, ch. 309, § 46; July 1.
§ 65-2855 Fees; disposition of; healing arts fee fund
The board shall remit all moneys received by or for the board from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of such amount shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from the healing arts fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person or persons designated by the president.
History: L. 1957, ch. 343, § 55; L. 1963, ch. 398, § 15; L. 1965, ch. 382, § 11; L. 1966, ch. 35, § 3 (Budget Session); L. 1969, ch. 299, § 12; L. 1973, ch. 309, § 23; L. 1987, ch. 240, § 9; L. 2001, ch. 5, § 238; L. 2011, ch. 53, § 32; July 1.
§ 65-2856 Repealed
History: L. 1957, ch. 343, § 56; L. 1965, ch. 382, § 12; L. 1969, ch. 299, § 13; Repealed, L. 1973, ch. 309, § 46; July 1.
§ 65-2857 Injunction and quo warranto for unlawful practice of the healing arts
An action in injunction or quo warranto may be brought and maintained in the name of the state of Kansas to enjoin or oust from the unlawful practice of any profession regulated by the board or any profession defined by the practice acts administered by the board a person practicing such profession without being duly licensed therefor.
History: L. 1957, ch. 343, § 57; L. 1976, ch. 273, § 24; L. 2014, ch. 131, § 22; L. 2015, ch. 46, § 12; July 1.
§ 65-2858 Same; authority conferred by K.S.A. 65-2857 additional to authority to prosecute criminally
The authority conferred by the preceding section shall be in addition to, and not in lieu of, authority to prosecute criminally any person unlawfully engaged in practice. The granting and enforcing of an injunction or quo warranto to prevent unlawful practice is a preventive measure, not a punitive measure, and the fact that a person has been charged with or convicted of criminally having so practiced shall not prevent the issuance of a writ of injunction or quo warranto to prevent such person's further practice; nor shall the fact that a writ of injunction or quo warranto has been granted to prevent further practice preclude the institution of criminal prosecution and punishment.
History: L. 1957, ch. 343, § 58; L. 2014, ch. 131, § 23; July 1, 2015.
§ 65-2859 Filing false documents with board; forgery; penalty
Any person who shall file or attempt to file with the board any false or forged diploma, certificate, affidavit or identification or qualification, or any other written or printed instrument, shall be guilty of forgery as defined in K.S.A. 21-5823, and amendments thereto.
History: L. 1957, ch. 343, § 59; L. 1976, ch. 273, § 25; L. 1993, ch. 291, § 231; L. 2011, ch. 30, § 242; July 1.
§ 65-2860 False impersonation; fraud; penalty
Any person who presents to the board a diploma or certificate of which such person is not the rightful owner for the purpose of procuring a license, or who falsely impersonates anyone to whom a license, registration, permit or certificate has been issued by the board is guilty of an unclassified nonperson felony. In addition, violation of this section may render the violator liable for a civil penalty, as well as reasonable costs of investigation and prosecution, unless otherwise specified.
History: L. 1957, ch. 343, § 60; L. 1976, ch. 273, § 26; L. 2014, ch. 131, § 24; L. 2015, ch. 46, § 13; July 1.
§ 65-2861 False swearing; penalty
Any person who swears falsely in any affidavit or oral testimony made or given by virtue of the provisions of this act or the rules and regulations of the board shall be deemed guilty of a severity level 9, nonperson felony.
History: L. 1957, ch. 343, § 61; L. 1976, ch. 273, § 27; L. 1993, ch. 291, § 232; July 1.
§ 65-2862 Penalties for violations of act; second conviction
Any person violating any of the provisions of this act, except as specific penalties are herein otherwise imposed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200) for each separate offense, and a person for a second violation of any of the provisions of this act, wherein another specific penalty is not expressly imposed, shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each separate offense.
History: L. 1957, ch. 343, § 62; July 1.
§ 65-2863 Repealed
History: L. 1957, ch. 343, § 63; Repealed, L. 1976, ch. 273, § 40; February 13.
§ 65-2863a Administrative fines
(a) The state board of healing arts, in addition to any other penalty prescribed under the Kansas healing arts act, may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for a violation of the Kansas healing arts act in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund. For the purposes of this section, fines shall be considered administrative fines pursuant to 11 U.S.C. § 523.
(b) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 1986, ch. 229, § 20; L. 2001, ch. 5, § 239; L. 2014, ch. 131, § 25; July 1, 2015.
§ 65-2864 Enforcement of act; investigations; evidence
The board shall enforce the provisions of all practice acts administered by the board and for that purpose shall make all necessary investigations relative thereto. Every licensee, registrant, permit holder or certificate holder in this state, including members of the board, shall furnish the board such evidence as such person may have relative to any alleged violation which is being investigated. Such person shall also report to the board the name of every person without a license that such person has reason to believe is engaged in practicing any profession regulated by the board.
History: L. 1957, ch. 343, § 64; L. 2014, ch. 131, § 26; July 1, 2015.
§ 65-2865 Rules and regulations; filing
The board shall promulgate all necessary rules and regulations, not inconsistent herewith, for carrying out the provisions of any practice act administered by the board, which rules and regulations shall include standards for the dispensing of drugs by persons licensed to practice medicine and surgery. It may also adopt rules and regulations supplementing any of the provisions herein contained but not inconsistent with any practice act administered by the board. All rules and regulations promulgated and adopted by the board shall be filed with the secretary of state as required by law.
History: L. 1957, ch. 343, § 65; L. 1979, ch. 198, § 8; L. 1988, ch. 366, § 19; L. 2014, ch. 131, § 27; July 1, 2015.
§ 65-2866 Attorney general, county or district attorney to prosecute violations; recovery of expenses; disposition of recovered penalties
(a) Upon the request of the board, the attorney general or county or district attorney of the proper county shall institute in the name of the state or board the proper proceedings against any person regarding whom a complaint has been made charging such person with the violation of any of the provisions of this act, and the attorney general, and such county or district attorney, at the request of the attorney general or of the board shall appear and prosecute any and all such actions.
(b) In pursuing an action under the Kansas healing arts act solely in the name of the state or county, the attorney general and the county or district attorney are authorized to sue for and collect reasonable expenses and investigation fees as determined by the court. Civil penalties or contempt penalties sued for and recovered by the attorney general shall be paid into the state general fund. Civil penalties and contempt penalties sued for and recovered by the county or district attorney shall be paid into the general fund of the county where the proceedings were instituted.
History: L. 1957, ch. 343, § 66; L. 1976, ch. 273, § 28; L. 2014, ch. 131, § 28; July 1, 2015.
§ 65-2867 Certain acts prohibited; exceptions; penalties
(a) It shall be unlawful for any person who is not licensed under the Kansas healing arts act or whose license has been revoked or suspended to open or maintain an office for the practice of the healing arts as defined in this act or to announce or hold out to the public the intention, authority or skill to practice the healing arts as defined in the Kansas healing arts act by the use of any professional degree or designation, sign, card, circular, device, advertisement or representation.
(b) This section shall not apply to any health care provider who in good faith renders emergency care or assistance at the scene of an emergency or accident as authorized by K.S.A. 65-2891, and amendments thereto.
(c) It shall not be considered a violation of the Kansas healing arts act if an unlicensed person appends to such person's name the word "doctor" or the letters "M.D.," "D.O." or "D.C.," if such person has earned such professional degree from an accredited healing arts school or college, and if the use of such word or initials is not misleading the public, patients or other health care providers that such person: (1) Is engaged in the practice of the healing arts within this state; or (2) is licensed to practice the healing arts in this state. The provisions of this subsection shall apply to any proceeding pending before the board that has not reached a final order or disposition by the board prior to the effective date of this act and to any proceeding commenced before the board on or after the effective date of this act.
(d) Violation of this section is a severity level 10, nonperson felony. In addition, violation of this section may subject a person to civil fines and assessment of reasonable costs of investigation and prosecution.
History: L. 1957, ch. 343, § 67; L. 1992, ch. 32, § 2; L. 2010, ch. 69, § 1; L. 2014, ch. 131, § 29; July 1, 2015.
§ 65-2868 Repealed
History: L. 1957, ch. 343, § 68; L. 1976, ch. 273, § 29; Repealed, L. 1992, ch. 32, § 3; July 1.
§ 65-2869 Persons deemed engaged in practice of medicine and surgery
For the purpose of this act the following persons shall be deemed to be engaged in the practice of medicine and surgery:
(a) Persons who publicly profess to be physicians or surgeons, or publicly profess to assume the duties incident to the practice of medicine or surgery or any of their branches.
(b) Persons who prescribe, recommend or furnish medicine or drugs, or perform any surgical operation of whatever nature by the use of any surgical instrument, procedure, equipment or mechanical device for the diagnosis, cure or relief of any wounds, fractures, bodily injury, infirmity, disease, physical or mental illness or psychological disorder, of human beings.
(c) Persons who attach to their name the title M.D., surgeon, physician, physician and surgeon, or any other word or abbreviation indicating that they are engaged in the treatment or diagnosis of ailments, diseases or injuries of human beings.
History: L. 1957, ch. 343, § 69; L. 1969, ch. 299, § 14; L. 1976, ch. 273, § 30; L. 1988, ch. 251, § 5; July 1.
§ 65-2870 Persons deemed engaged in practice of osteopathy
For the purpose of this act the following persons shall be deemed to be engaged in the practice of osteopathy or to be osteopathic physicians and surgeons:
(a) Persons who publicly profess to be osteopathic physicians, or publicly profess to assume the duties incident to the practice of osteopathy, as heretofore interpreted by the supreme court of this state, shall be deemed to be engaged in the practice of osteopathy.
(b) Osteopathic physicians and surgeons shall mean and include those persons who receive a license to practice medicine and surgery pursuant to the provisions of this act.
History: L. 1957, ch. 343, § 70; L. 1969, ch. 299, § 15; L. 1976, ch. 273, § 31; February 13.
§ 65-2871 Persons deemed engaged in practice of chiropractic
For the purpose of this act the following persons shall be deemed to be engaged in the practice of chiropractic: (a) Persons who examine, analyze and diagnose the human living body, and its diseases by the use of any physical, thermal or manual method and use the X-ray diagnosis and analysis taught in any accredited chiropractic school or college and (b) persons who adjust any misplaced tissue of any kind or nature, manipulate or treat the human body by manual, mechanical, electrical or natural methods or by the use of physical means, physiotherapy (including light, heat, water or exercise), or by the use of foods, food concentrates, or food extract, or who apply first aid and hygiene, but chiropractors are expressly prohibited from prescribing or administering to any person medicine or drugs in materia medica, or from performing any surgery, as hereinabove stated, or from practicing obstetrics.
History: L. 1957, ch. 343, § 71; L. 1976, ch. 273, § 32; February 13.
§ 65-2872 Persons not engaged in the practice of the healing arts
The practice of the healing arts shall not be construed to include the following persons:
(a) Persons rendering gratuitous services in the case of an emergency.
(b) Persons gratuitously administering ordinary household remedies.
(c) The members of any church practicing their religious tenets provided they shall not be exempt from complying with all public health regulations of the state.
(d) Students while in actual classroom attendance in an accredited healing arts school who after completing one year's study treat diseases under the supervision of a licensed instructor.
(e) Students upon the completion of at least three years study in an accredited healing arts school and who, as a part of their academic requirements for a degree, serve a preceptorship not to exceed 180 days under the supervision of a licensed practitioner.
(f) Persons who massage for the purpose of relaxation, muscle conditioning, or figure improvement, provided no drugs are used and such persons do not hold themselves out to be physicians or healers.
(g) Persons whose professional services are performed under the supervision or by order of or referral from a practitioner who is licensed under this act.
(h) Persons in the general fields of psychology, education and social work, dealing with the social, psychological and moral well-being of individuals or groups, or both, provided they do not use drugs and do not hold themselves out to be the physicians, surgeons, osteopathic physicians or chiropractors.
(i) Practitioners of the healing arts in the United States army, navy, air force, public health service, and coast guard or other military service when acting in the line of duty in this state.
(j) Practitioners of the healing arts licensed in another state when and while incidentally called into this state in consultation with practitioners licensed in this state.
(k) Dentists practicing their professions, when licensed and practicing in accordance with the provisions of article 14 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.
(l) Optometrists practicing their professions, when licensed and practicing under and in accordance with the provisions of article 15 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.
(m) Nurses practicing their profession when licensed and practicing under and in accordance with the provisions of article 11 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.
(n) Podiatrists practicing their profession, when licensed and practicing under and in accordance with the provisions of article 20 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.
(o) Every act or practice falling in the field of the healing arts, not specifically excepted herein, shall constitute the practice thereof.
(p) Pharmacists practicing their profession, when licensed and practicing under and in accordance with the provisions of article 16 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.
(q) A dentist licensed in accordance with the provisions of article 14 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, who administers general and local anesthetics to facilitate medical procedures conducted by a person licensed to practice medicine and surgery if such dentist is certified by the board of healing arts under K.S.A.
65-2899, and amendments thereto, to administer such general and local anesthetics.
(r) Practitioners of the healing arts duly licensed under the laws of another state who do not open an office or maintain or appoint a place to regularly meet patients or to receive calls within this state, but who order services which are performed in this state in accordance with rules and regulations of the board. The board shall adopt rules and regulations identifying circumstances in which professional services may be performed in this state based upon an order by a practitioner of the healing arts licensed under the laws of another state.
(s) Acupuncturists, when licensed and practicing in accordance with K.S.A. 65-7601 through
65-7624, and amendments thereto, rules and regulations adopted [pursuant] thereto, and interpretations thereof by the supreme court of this state.
(t) Persons licensed by the state board of cosmetology practicing their professions, when licensed and practicing under and in accordance with the provisions of article 19 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.
History: L. 1957, ch. 343, § 72; L. 1976, ch. 273, § 33; L. 1976, ch. 276, § 2; L. 2005, ch. 117, § 1; L. 2007, ch. 42, § 2; L. 2014, ch. 131, § 30; L. 2016, ch. 92, § 30; July 1.
§ 65-2872a Repealed
History: L. 1982, ch. 378, § 6; Repealed, L. 2002, ch. 203, § 39; January 1, 2003.
§ 65-2872b Persons not engaged in the practice of the healing arts; administration of epinephrine and albuterol; limitation of liability
(a) The practice of the healing arts shall not be construed to include any person administering epinephrine or albuterol in emergency situations to an individual if:
(1) (A) The person administering the epinephrine reasonably believes that the individual is exhibiting the signs and symptoms of an anaphylactic reaction; or
(B) the person administering the albuterol reasonably believes that the individual is exhibiting the signs and symptoms of respiratory distress;
(2) a physician or mid-level practitioner, after reviewing the school's policies and procedures, has authorized, in writing, the school to maintain a stock supply of emergency medication; and
(3) the emergency medication is administered at school, on school property or at a school-sponsored event.
(b) Any person who in good faith renders emergency care or treatment, without compensation, through the administration of emergency medication to an individual at school, on school property or at a school-sponsored event, and any school that employs or contracts such person shall not be held liable for any civil damages as a result of such care or administration or as a result of any act or failure to act in providing or arranging further medical treatment when the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
(c) A physician or mid-level practitioner who writes a prescription for emergency medication or provides training to school personnel on the administration of emergency medication shall not be liable for civil damages resulting from the administration of emergency medication pursuant to this section, K.S.A. 65-1680 or 72-6283, and amendments thereto.
(d) The terms used in this section mean the same as defined in K.S.A. 72-6283, and amendments thereto.
History: L. 2009, ch. 102, § 1; L. 2024, ch. 67, § 3; July 1.
§ 65-2873 License to practice healing arts by examination; prerequisites; postgraduate study; use of title and degree
(a) Each applicant for a license by examination to practice any branch of the healing arts in this state shall:
(1) Present to the board evidence of proficiency in the basic sciences issued by the national board of medical examiners, the board of examiners of osteopathic physicians and surgeons or the national board of chiropractic examiners or such other examining body as may be approved by the board or in lieu thereof pass such examination as the board may require in the basic science subjects;
(2) present proof that the applicant is a graduate of an accredited healing arts school or college; and
(3) pass an examination prescribed and conducted by the board covering the subjects incident to the practice of the branch of healing arts for which the applicant applies.
(b) Any person seeking a license to practice medicine and surgery shall present proof that such person has completed acceptable postgraduate study as may be required by the board by regulations.
(c) The board may authorize an applicant who does not meet the requirements of paragraph (2) of subsection (a) to take the examination for licensure if the applicant:
(1) Has completed three years of postgraduate training as approved by the board;
(2) is a graduate of a school in which the graduates have been licensed in another state or states which has standards similar to Kansas; and
(3) meets all other requirements for taking the examination for licensure of the Kansas healing arts act.
(d) In addition to the examination required under paragraph (3) of subsection (a), if the applicant is a foreign medical graduate the applicant shall pass an examination given by the educational commission for foreign medical graduates.
(e) No person licensed to practice and actively engaged in the practice of the healing arts shall attach to such person's name any title, or any word or abbreviation indicating that such person is a doctor of any branch of the healing arts other than the branch of the healing arts in which such person holds a license but shall attach to such person's name the degree or degrees to which such person is entitled by reason of such person's diploma.
History: L. 1957, ch. 343, § 73; L. 1969, ch. 299, § 16; L. 1976, ch. 273, § 34; L. 1985, ch. 216, § 2; L. 2014, ch. 131, § 31; July 1, 2015.
§ 65-2873a Board authorized to grant license in particular circumstances; exceptions; requirements
Notwithstanding the provisions of K.S.A. 65-2873, the state board of healing arts may grant a license to practice medicine and surgery and renew the same annually as provided in K.S.A. 65-2809 to any person who meets all of the requirements of K.S.A. 65-2873, except the requirements of clause (2) of subsection (a) of such section, if such person is a citizen of the United States, a resident of Kansas, has a fellowship license, has been employed as a physician or by the state of Kansas for twenty (20) years or more, has been the head of a state hospital for five (5) years or more and has successfully completed the licensing examinations given by the state board of healing arts.
History: L. 1978, ch. 248, § 1; February 4.
§ 65-2873b Resident active license; requirements
(a) There is hereby created a resident active license, which may be issued by the board to a person who:
(1) Makes written application for such license on a form provided by the board and remits the fee for a resident active license established by the board by rules and regulations;
(2) has successfully completed at least one year of approved postgraduate training;
(3) is engaged in a full-time, approved postgraduate training program; and
(4) has passed the examinations for licensure required under K.S.A. 65-2873, and amendments thereto.
(b) The requirements for issuance, maintenance and renewal of a resident active license shall be established by rules and regulations adopted by the board. A resident active license shall entitle the holder to all privileges attendant to the branch of the healing arts for which such license is used.
(c) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 2015, ch. 46, § 16; July 1.
§ 65-2874 Accredited school of medicine defined; rules and regulations establishing criteria; questionnaire developed by board; authority to contract for assistance in obtaining information about schools
(a) An accredited school of medicine for the purpose of this act shall be a school or college which requires the study of medicine and surgery in all of its branches, which the board shall determine to have educational standards substantially equivalent to the minimum educational standards for medical colleges as established by the liaison committee on medical education or any successor organization that is the official accrediting body of educational programs leading to the degree of doctor of medicine and recognized for such purpose by the federal department of education and the council on postsecondary education. All such schools shall be approved by the board.
(b) The board shall adopt rules and regulations establishing the criteria which a school shall satisfy in meeting the standard established under subsection (a). The criteria shall establish the minimum standards in the following areas:
(1) Admission requirements;
(2) basic science coursework;
(3) clinical coursework;
(4) qualification of faculty;
(5) ratio of faculty to students;
(6) library;
(7) clinical facilities;
(8) equipment;
(9) financial qualifications;
(10) graduation requirements; and
(11) accreditation by independent agency.
(c) The board may send a questionnaire developed by the board to any school for which the board does not have sufficient information to determine whether the school meets the requirements of this statute or rules and regulations adopted pursuant to this statute. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval.
(d) The board is authorized to contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
History: L. 1957, ch. 343, § 74; L. 1985, ch. 216, § 3; L. 2014, ch. 131, § 32; July 1, 2015.
§ 65-2875 Accredited schools of osteopathic medicine defined
An accredited school of osteopathic medicine for the purpose of this act shall be a school or college which requires the study of osteopathic medicine and surgery in all of its branches which the board shall determine to have educational standards substantially equivalent to the minimum educational standards for osteopathic colleges as established by the American osteopathic association or any successor organization that is the official accrediting body of educational programs leading to the degree of doctor of osteopathy. All such schools shall be approved by the board.
History: L. 1957, ch. 343, § 75; L. 1976, ch. 273, § 35; L. 2014, ch. 131, § 33; July 1, 2015.
§ 65-2876 Accredited school or college of chiropractic, defined
An accredited school or college of chiropractic for the purpose of this act shall be a school or college teaching chiropractic which the board shall determine to have a standard of education not below that required for a recognized or accredited status with the council on chiropractic education. All such schools shall be approved by the board.
History: L. 1957, ch. 343, § 76; L. 1976, ch. 273, § 36; L. 1978, ch. 251, § 1; July 1.
§ 65-2877 Repealed
History: L. 1957, ch. 343, § 77; Repealed, L. 2014, ch. 131, § 65; July 1, 2015.
§ 65-2877a Prohibition on practice by business organization inapplicable to certain healing arts schools
No provision of law prohibiting practice of the healing arts by a business organization shall apply to a healing arts school clinic under the supervision of a person licensed to practice the same branch of the healing arts if such healing arts school is:
(a) Approved by the board;
(b) a non-profit entity under section 501(c)(3) of the internal revenue code of 1986; and
(c) approved by the state board of regents or exempt from such approval under K.S.A. 74-32,164, and amendments thereto.
History: L. 2007, ch. 42, § 3; L. 2019, ch. 52, § 5; L. 2021, ch. 11, § 3; July 1.
§ 65-2878 Executive director; appointment; confirmation by senate; employment of administrative assistant and other employees; representation of board by attorney appointed by attorney general; authority to contract with healing arts licensees
(a) The board shall appoint an executive director, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as executive director shall exercise any power, duty or function as executive director until confirmed by the senate. The executive director shall be in the unclassified service under the Kansas civil service act and shall receive a salary fixed by the board and approved by the governor. The executive director shall not be a member of the board. Under the supervision of the board, the executive director shall be the chief administrative officer of the board and shall perform such duties as may be specified by the board and as may be required by law. The executive director shall be the custodian of the common seal of the board, the books and records of the board and shall keep minutes of all board proceedings.
(b) The board may employ an administrative assistant. The administrative assistant shall be in the unclassified service under the Kansas civil service act and shall receive a salary fixed by the board and approved by the governor. Under the supervision of the executive director, the administrative assistant shall assist the executive director in the performance of the duties of the executive director.
(c) The board may employ such clerical and other employees, who shall be in the classified service under the Kansas civil service act, as it considers necessary in order to administer and execute, under the supervision of the executive director, the provisions of this act or other statutes delegating duties and responsibilities to the board, except that any attorney employed by the board shall be in the unclassified service under the Kansas civil service act and shall receive a salary fixed by the board and approved by the governor.
(d) As necessary, the board shall be represented by an attorney appointed by the attorney general as provided by law, whose compensation shall be determined and paid by the board with the approval of the governor.
(e) The board may contract with one or more persons who are licensed to practice the healing arts in this state and who are not members of the board to provide such advice and assistance as necessary on: Licensure matters including review, investigation and disposition of complaints; clinical and patient care matters; and the ethical conduct and professional practice of licensees; or to perform other duties as assigned by the executive director or the board. For the purposes of contracting with such persons, the board shall be exempt from the provisions of K.S.A. 75-3739, and amendments thereto.
History: L. 1957, ch. 343, § 78; L. 1969, ch. 299, § 17; L. 1976, ch. 273, § 37; L. 1983, ch. 213, § 8; L. 1987, ch. 240, § 10; L. 2008, ch. 121, § 8; L. 2009, ch. 143, § 25; L. 2012, ch. 116, § 2; May 24.
§ 65-2878a Employment of agents to assist board in disciplinary actions; limitation on liability of such agents
The state board of healing arts is hereby authorized to employ, appoint, designate and utilize individuals who shall be agents of the board to evaluate and review investigative materials, conduct interviews and render opinions, reports and testimony on matters which may result in disciplinary action against any individual who has received a license, permit, registration or certification from the board or who has applied for any license, permit, registration or certificate. No individual who provides such services shall be liable in a civil action for damages or other relief arising from testimony provided or recommendation or opinion made by such individual acting without malice and in good faith within the scope of such individual's capacity as an agent of the board.
History: L. 1989, ch. 222, § 1; July 1.
§ 65-2878b Repealed
History: L. 1957, ch. 343, § 78; L. 1969, ch. 299, § 17; L. 1976, ch. 273, § 37; L. 1983, ch. 213, § 8; L. 1987, ch. 240, § 10; L. 2008, ch. 154, § 8; Repealed, L. 2009, ch. 143, § 37; July 1.
§ 65-2879 Repealed
History: L. 1957, ch. 343, § 79; L. 1965, ch. 382, § 13; L. 1969, ch. 299, § 18; Repealed, L. 1973, ch. 309, § 46; July 1.
§ 65-2880 Pending actions; vested rights saved
This act shall in no manner affect pending actions, either civil or criminal, founded on or growing out of any statute hereby repealed. This act shall in no manner affect rights, or causes of action, either civil or criminal, not in suit and that may have already accrued or grown out of any statute hereby repealed.
History: L. 1957, ch. 343, § 80; July 1.
§ 65-2881 Current licenses continued; renewal
All licenses duly issued prior to the taking effect of this act shall be and continue in full force and effect and be renewed under the provisions hereof.
History: L. 1957, ch. 343, § 81; July 1.
§§ 65-2882 through 65-2884 Repealed
History: L. 1957, ch. 343, §§ 82 to 84; Repealed, L. 1976, ch. 273, § 40; February 13.
§ 65-2885 Use of title by licensee
No person licensed hereunder shall use a title in connection with such person's name which in any way represents such person as engaged in the practice of any branch of the healing arts for which such person holds no license. Every licensee, when using the letters or term "Dr." or "Doctor," shall use the appropriate words or letters to identify such licensee with the particular branch of the healing arts in which the licensee holds a license.
History: L. 1957, ch. 343, § 85; L. 2014, ch. 131, § 34; July 1, 2015.
§ 65-2886 Licensee to comply with public health laws and regulations
Every licensee hereunder shall be subject to all state and municipal regulations relating to the control of contagious and infectious diseases; sign death certificates and any and all matters pertaining to public health, and shall report all matters pertaining to public health as required by law.
History: L. 1957, ch. 343, § 86; July 1.
§ 65-2886a Reporting of administration of vaccines by physicians and other authorized individuals; exceptions
(a) On and after July 1, 2020, physicians and other persons authorized by law in this state to administer vaccines shall report the administration of a vaccine to a person in this state to the state registry maintained for such purpose by the secretary of health and environment in a manner and form as may be required by the secretary, except that if the person vaccinated or, if the person is a minor, the parent or guardian of the minor, objects to the report, the report shall not be made.
(b) As used in this section, "physician" means a person licensed to practice medicine and surgery.
History: L. 2017, ch. 32, § 2; July 1.
§ 65-2887 Assisting unlicensed persons to practice optometry not authorized; exceptions
(a) Nothing in this act shall be construed to authorize any person licensed under this act to knowingly perform any act which in any way assists an unlicensed person, except as provided under subsections (b) and (c), firm, association or corporation (1) to make an examination of the eyes for the prescription of glasses, or (2) to perform any of the practice acts for which optometrists are licensed.
(b) A person who is licensed to practice medicine and surgery may delegate to assistants the performance of screening procedures for visual acuities, color vision, visual fields, and intraocular pressure.
(c) A person who is licensed to practice medicine and surgery and who has completed an approved postgraduate training program in ophthalmology or who is practicing as a fulltime ophthalmologist on the effective date of this act may utilize not more than three (3) assistants to perform examination procedures which may be performed by a person licensed to practice optometry. The examination procedures performed by assistants to ophthalmologists shall be limited to data gathering at the direct request of the ophthalmologist and to those examination procedures which do not require professional interpretation or professional judgment. These examination procedures may be performed by assistants only under the immediate and personal supervision and within the office of an ophthalmologist. Delegation to such assistants of the external and internal evaluation of the eye, biomicroscopic evaluation, subjective refraction, gonioscopic evaluation, final contact lens fit evaluation, orthoptic and strabismus evaluations, visual training evaluations, analysis of findings and the prescribing of ophthalmic lenses are prohibited.
History: L. 1957, ch. 343, § 87; L. 1978, ch. 252, § 1; July 1.
§ 65-2888 Invalidity of part
If any division, section, subsection, sentence, clause, phrase or requirement of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The legislature hereby declares that it would have passed this act, and each division, section, subsection, sentence, clause, phrase or requirement thereof irrespective of the fact that any one or more divisions, sections, subsections, sentences, clauses, phrases, or requirements be declared unconstitutional.
History: L. 1957, ch. 343, § 88; July 1.
§ 65-2889 Repealed
History: L. 1957, ch. 343, § 89; Repealed, L. 1965, ch. 382, § 14; June 30.
§ 65-2890 Name of act; citation
This act shall be known and cited as "the Kansas healing arts act."
History: L. 1957, ch. 343, § 90; July 1.
§ 65-2890a Provisions of act applicable to any regulated profession
(a) Unless otherwise specified, the administration and procedural provisions of the Kansas healing arts act shall apply to any profession regulated by the board.
(b) This section shall be part of and supplemental to the Kansas healing arts act.
(c) This section shall take effect on and after July 1, 2015.
History: L. 2014, ch. 131, § 55; May 22.
§ 65-2891 Emergency care by healthcare providers; liability; standards of care applicable; definition of healthcare provider
(a) Any healthcare provider who in good faith renders emergency care or assistance at the scene of an emergency or accident including treatment of a minor without first obtaining the consent of the parent or guardian of such minor shall not be liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.
(b) Any healthcare provider may render in good faith emergency care or assistance, without compensation, to any minor requiring such care or assistance as a result of having engaged in competitive sports, without first obtaining the consent of the parent or guardian of such minor. Such healthcare provider shall not be liable for any civil damages other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.
(c) Any healthcare provider may in good faith render emergency care or assistance during an emergency that occurs within a hospital or elsewhere, with or without compensation, until such time as the physician employed by the patient or by the patient's family or by guardian assumes responsibility for such patient's professional care. The healthcare provider rendering such emergency care shall not be held liable for any civil damages other than damages occasioned by negligence.
(d) Except as otherwise provided, the ordinary standards of care and rules of negligence shall apply in those cases wherein emergency care and assistance is rendered in any physician's or dentist's office, clinic, emergency room or hospital with or without compensation.
(e) As used in this section, "healthcare provider" means any person licensed to practice any branch of the healing arts, licensed dentist, licensed optometrist, licensed professional nurse, licensed practical nurse, licensed podiatrist, licensed pharmacist, licensed physical therapist, licensed physician assistant, any licensed athletic trainer, any licensed occupational therapist, any licensed respiratory therapist, any person who holds a valid emergency medical service provider's certificate under K.S.A. 65-6129, and amendments thereto, any person who holds a valid certificate for the successful completion of a course in first aid offered or approved by the American red cross, by the American heart association, by the mining enforcement and safety administration of the bureau of mines of the department of interior, by the national safety council* by the emergency medical services board or any person engaged in a postgraduate training program approved by the state board of healing arts.
History: L. 1965, ch. 385, § 1; L. 1969, ch. 300, § 1; L. 1971, ch. 214, § 1; L. 1973, ch. 252, § 1; L. 1975, ch. 326, § 1; L. 1976, ch. 277, § 1; L. 1977, ch. 220, § 1; L. 1986, ch. 231, § 32; L. 1988, ch. 252, § 1; L. 1988, ch. 246, § 18; L. 1988, ch. 253, § 1; L. 1993, ch. 146, § 1; L. 2000, ch. 93, § 1; L. 2002, ch. 203, § 17; L. 2003, ch. 128, § 24; L. 2004, ch. 117, § 5; L. 2004, ch. 180, § 9; L. 2019, ch. 64, § 14; L. 2023, ch. 58, § 2; July 1.
§ 65-2891a Repealed
History: L. 1973, ch. 252, § 2; L. 1978, ch. 253, § 1; Repealed, L. 1988, ch. 252, § 2; July 1.
§ 65-2891b Emergency care by non-health care providers; liability, standards of care applicable
Any person who is not a health care provider pursuant to K.S.A. 65-2891, and amendments thereto, who in good faith without compensation renders emergency care or assistance to a person, including a minor without first obtaining the consent of the parent or guardian of such minor, at the scene of an emergency or accident shall not be held liable for any civil damages for acts or omissions other than damages occasioned by gross negligence or by willful or wanton acts or omissions by such person in rendering such emergency care.
History: L. 2012, ch. 116, § 1; May 24.
§ 65-2892 Examination and treatment of persons under 18 for venereal disease; liability
Any physician, upon consultation by any person under eighteen (18) years of age as a patient, may, with the consent of such person who is hereby granted the right of giving such consent, make a diagnostic examination for venereal disease and prescribe for and treat such person for venereal disease including prophylactic treatment for exposure to venereal disease whenever such person is suspected of having a venereal disease or contact with anyone having a venereal disease. All such examinations and treatment may be performed without the consent of, or notification to, the parent, parents, guardian or any other person having custody of such person. Any physician examining or treating such person for venereal disease may, but shall not be obligated to, in accord with his opinion of what will be most beneficial for such person, inform the spouse, parent, custodian, guardian or fiance of such person as to the treatment given or needed without the consent of such person. Such informing shall not constitute libel or slander or a violation of the right of privacy or privilege or otherwise subject the physician to any liability whatsoever. In any such case, the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. The physician shall incur no civil or criminal liability by reason of any adverse reaction to medication administered, provided reasonable care has been taken to elicit from such person under eighteen (18) years of age any history of sensitivity or previous adverse reaction to the medication.
History: L. 1969, ch. 222, § 1; L. 1972, ch. 161, § 17; July 1.
§ 65-2892a Examination and treatment of minors for drug abuse, misuse or addiction; liability
Any physician licensed to practice the healing arts in Kansas, upon consultation with any minor as a patient, may examine and treat such minor for drug abuse, misuse or addiction if such physician has secured the prior consent of such minor to the examination and treatment. All such examinations and treatment may be performed without the consent of any parent, guardian or other person having custody of such minor, and all minors are hereby granted the right to give consent to such examination and treatment. In any such case, the physician shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions. The physician shall incur no civil or criminal liability by reason of any adverse reaction to medication administered, if reasonable care has been taken.
History: L. 1971, ch. 212, § 1; July 1.
§ 65-2893 Autopsies; performance of; authorization
In any case of death wherein notification of the coroner is not required by K.S.A. 22a-231, and amendments thereto, or any case in which the coroner does not elect to perform an autopsy, an autopsy may be performed upon the body of a deceased person by a physician or surgeon when so authorized, in writing by the decedent during his lifetime. Additionally, unless the physician or surgeon has knowledge that contrary directions have been given by the decedent, the following persons in the order of priority stated, may consent to the performance of an autopsy:
(a) The spouse, if one survives and if not incapacitated. If no spouse survives or if the spouse is incapacitated;
(b) an adult child;
(c) either parent;
(d) an adult brother or sister;
(e) the guardian of the decedent at the time of his death;
(f) any other person or agency authorized or under obligation to dispose of the body.
If there is no surviving spouse and an adult child is not immediately available at the time of death, the autopsy may be authorized by either parent; if a parent is not immediately available, it may be authorized by any adult brother or sister. Such autopsy shall not be performed under a consent given as required by a member of the class listed in subsection (b), (c) or (d), if, before such autopsy is performed, any member of the class shall object to the performance of such autopsy in writing to the physician or surgeon by whom the autopsy is to be performed.
History: L. 1969, ch. 144, § 1; L. 2014, ch. 131, § 35; July 1, 2015.
§ 65-2894 Repealed
History: L. 1969, ch. 299, § 19; Repealed, L. 1976, ch. 273, § 40; February 13.
§ 65-2895 Institutional license; qualifications; rights and restrictions; term of license
(a) There is hereby created an institutional license that may be issued by the board to a person who:
(1) Is a graduate of an accredited school of medicine or osteopathic medicine or a school for which such graduate has been licensed in another state or states that have standards similar to Kansas;
(2) has completed at least two years in a postgraduate training program in the United States approved by the board; and
(3) who is employed as provided in this section.
(b) Subject to the restrictions of this section, the institutional license shall confer upon the holder the right and privilege to practice medicine and surgery and shall require the holder to comply with all requirements of such license.
(c) The practice privileges of institutional license holders are restricted and shall be valid only during the period when such an institutional license holder:
(1) Is employed by any institution within the Kansas department for aging and disability services, by any institution within the department of corrections or with a third party pursuant to a contract entered into by the Kansas department for aging and disability services or the department of corrections, except that employment of such license holder shall only be within the institution to which the holder is assigned;
(2) has been employed for at least three years as described in subsection (c)(1) and is employed to provide mental health services in Kansas in the employ of a Kansas licensed community mental health center, or one of its contracted affiliates, a federal, state, county or municipal agency, or other political subdivision, a contractor of a federal, state, county or municipal agency, or other political subdivision, a duly chartered educational institution, or a medical care facility licensed under K.S.A. 65-425 et seq., and amendments thereto, in a psychiatric hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto, or a contractor of such educational institution, medical care facility or psychiatric hospital, whose practice in any such employment is limited to providing mental health services, a part of the duties of such licensee's paid position and performed solely on behalf of the employer; or
(3) was issued an institutional license prior to May 9, 1997, and is providing mental health services pursuant to a written protocol with a person authorized by the state board of healing arts to practice medicine and surgery other than an institutional license.
(d) An institutional license shall be canceled on the date established by rules and regulations of the board that may provide for renewal throughout the year on a continuing basis. In each case in which an institutional license is renewed for more or less than 12 months, the board may prorate the amount of the fee established under K.S.A. 65-2852, and amendments thereto. The request for renewal shall be on a form provided by the board and accompanied by the prescribed fee that shall be paid not later than the renewal date of the license. An institutional license may be renewed for an additional one-year period if the applicant for renewal meets the requirements under subsection (c), has submitted an application for renewal on a form provided by the board, has paid the renewal fee established by rules and regulations of the board of not to exceed $500 and has submitted evidence of satisfactory completion of a program of continuing education required by the board. In addition, an applicant for renewal who is employed as described in subsection (c)(1) shall submit with the application for renewal a recommendation that the institutional license be renewed, signed by the superintendent of the institution to which the institutional license holder is assigned.
(e) Nothing in this section shall prohibit any person who was issued an institutional license prior to the effective date of this section from having such institutional license reinstated by the board if such person meets the requirements for an institutional license described in subsection (a).
(f) This section shall be a part of and supplemental to the Kansas healing arts act.
History: L. 1969, ch. 299, § 20; L. 1976, ch. 273, § 38; L. 1985, ch. 216, § 4; L. 1987, ch. 239, § 5; L. 1987, ch. 240, § 11; L. 1988, ch. 254, § 1; L. 1989, ch. 196, § 3; L. 1997, ch. 142, § 10; L. 2000, ch. 141, § 4; L. 2004, ch. 55, § 1; L. 2014, ch. 115, § 260; L. 2014, ch. 131, § 36; L. 2015, ch. 46, § 7; L. 2017, ch. 33, § 2; L. 2024, ch. 20, § 1; July 1.
§ 65-2895a Repealed
History: L. 1969, ch. 299, § 20; L. 1976, ch. 273, § 38; L. 1985, ch. 216, § 4; L. 1987, ch. 239, § 5; L. 1987, ch. 240, § 11; L. 1988, ch. 254, § 1; L. 1989, ch. 196, § 3; L. 1997, ch. 142, § 10; L. 2000, ch. 141, § 4; L. 2004, ch. 55, § 1; L. 2014, ch. 115, § 260; L. 2015, ch. 100, § 9; Repealed, L. 2016, ch. 68, § 2; July 1.
§ 65-2896 Repealed
History: L. 1972, ch. 294, § 1; L. 1973, ch. 315, § 1; L. 1975, ch. 327, § 1; L. 1978, ch. 254, § 2; L. 1987, ch. 240, § 12; L. 1989, ch. 197, § 1; L. 1997, ch. 94, § 3; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-2896a Repealed
History: L. 1975, ch. 327, § 2; L. 1978, ch. 254, § 4; L. 1987, ch. 239, § 6; L. 1989, ch. 197, § 2; L. 1991, ch. 194, § 1; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-2896b Repealed
History: L. 1975, ch. 327, § 3; L. 1978, ch. 254, § 5; L. 1984, ch. 313, § 122; L. 1989, ch. 197, § 3; L. 1991, ch. 194, § 2; L. 1998, ch. 142, § 13; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-2896c Repealed
History: L. 1975, ch. 327, § 4; L. 1978, ch. 254, § 6; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-2896d Repealed
History: L. 1978, ch. 254, § 3; L. 1987, ch. 240, § 13; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-2896e Repealed
History: L. 1978, ch. 254, § 7; L. 1987, ch. 239, § 7; L. 1999, ch. 115, § 13; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§§ 65-2896f through 65-2896h Repealed
History: L. 1978, ch. 254, §§ 8 to 10; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-2897 Repealed
History: L. 1973, ch. 315, § 2; Repealed, L. 1978, ch. 254, § 11; July 1.
§ 65-2897a Repealed
History: L. 1978, ch. 254, § 1; L. 1987, ch. 239, § 8; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-2897b Repealed
History: L. 1989, ch. 197, § 4; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-2898 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions
(a) No person reporting to the state board of healing arts in good faith any information such person may have relating to alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, a person licensed, registered or certified by the board shall be subject to a civil action for damages as a result of reporting such information, and such person reporting shall be immune from any civil liability that might otherwise be incurred in an action resulting from reporting such information. In any civil action resulting from reporting such information in which a court determines that a person reporting under this section reported in good faith, the court shall allow the person reporting a reasonable amount for attorney fees and expenses incurred in defending the civil action.
(b) Any state, regional or local association composed of persons licensed to practice a profession regulated by the board and the individual members of any committee thereof that in good faith investigates or communicates information pertaining to the alleged incidents of malpractice, or the qualifications, fitness or character of, or disciplinary action taken against, any licensee, registrant or certificate holder to the state board of healing arts or to any committee or agent thereof, shall be immune from liability in any civil action that is based upon such investigation or transmittal of information if the investigation and communication was made in good faith and did not represent as true any matter not reasonably believed to be true.
History: L. 1976, ch. 261, § 1; L. 1979, ch. 201, § 1; L. 1983, ch. 213, § 9; L. 2014, ch. 131, § 37; L. 2017, ch. 33, § 3; July 1.
§ 65-2898a Confidentiality of complaints and reports relating thereto; disclosure, when
(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 a hospital committee which is authorized to grant, limit or deny hospital privileges, if any disciplinary action authorized by K.S.A. 65-2836 and amendments thereto has at any time been taken against the licensee or if the board has at any time denied a license to the person;
(3) 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
(4) 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. Any confidential complaint or report, record or other information disclosed by the board as authorized by this section shall not be redisclosed by the receiving agency except as otherwise authorized by law.
(b) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 1979, ch. 198, § 9; L. 1986, ch. 229, § 45; L. 1992, ch. 253, § 4; July 1.
§ 65-2899 Certification of licensed dentists to administer anesthetics to facilitate medical procedures; suspension or revocation of certificate; procedure
A dentist licensed in accordance with the provisions of article 14 of chapter 65 of the Kansas Statutes Annotated shall be certified by the board of healing arts to administer general and local anesthetics to facilitate medical procedures conducted by a person licensed to practice medicine and surgery if such dentist has completed a course of study and residency program in anesthesia from the university of Kansas school of medicine and if such dentist has received a certificate attesting to the successful completion of such course of study and residency program. The board of healing arts may limit, suspend or revoke such certification if a person so certified is found to have committed any of the acts enumerated in K.S.A. 65-2836, and amendments thereto, where applicable. The procedure for limitation, suspension or revocation of such certification shall be in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1976, ch. 276, § 1; L. 1984, ch. 313, § 123; July 1, 1985.
§§ 65-28,100 Temporary license for visiting professor; designation; qualifications; application; rights conferred; validity of license; section supplemental
(a) There is hereby created a designation of visiting professor temporary license which may be issued by the board to a person who holds a degree from an accredited school of medicine or an accredited school of osteopathy; is licensed to practice medicine and surgery in another state, territory, the District of Columbia or another country; and is employed by the university of Kansas school of medicine or by a licensed medical care facility which is engaged in the education of medical students, nurses, physicians' assistants or other paramedical personnel, is offering an approved postgraduate program or is engaged in the continuing education of its medical personnel. The chief administrative officer of the university of Kansas school of medicine or of the licensed medical care facility shall apply to the board on behalf of the visiting professor a visiting professor temporary license. The application for a visiting professor temporary license shall be submitted by the chief administrative officer upon forms approved by the board. Such application shall state that the visiting professor is licensed to practice medicine and surgery in another state, territory, the District of Columbia or another country, that the professor is known to be professionally qualified and that no fee will be charged for services of the visiting professor. The visiting professor temporary license shall confer upon the holder the right and privilege to practice medicine and surgery and shall obligate the holder to comply with all requirements of such license. The visiting professor temporary license shall be valid only during the period in which the holder is employed by the university of Kansas school of medicine or by a licensed medical care facility described above, and such license shall be valid only for the practice of medicine and surgery which is required to perform the professorship.
(b) This section shall be a part of and supplemental to the Kansas healing arts act.
History: L. 1976, ch. 273, § 39; L. 1987, ch. 240, § 14; January 1, 1988.
§§ 65-28,101 Withholding or withdrawal of life-sustaining procedures; legislative finding and declaration
The legislature finds that adult persons have the fundamental right to control the decisions relating to the rendering of their own medical care, including the decision to have life-sustaining procedures withheld or withdrawn in instances of a terminal condition.
In order that the rights of patients may be respected even after they are no longer able to participate actively in decisions about themselves, the legislature hereby declares that the laws of this state shall recognize the right of an adult person to make a written declaration instructing his or her physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition.
History: L. 1979, ch. 199, § 1; July 1.
§§ 65-28,102 Same; definitions
As used in this act:
(a) "Attending physician" means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient.
(b) "Declaration" means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of K.S.A. 65-28,103.
(c) "Life-sustaining procedure" means any medical procedure or intervention which, when applied to a qualified patient, would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not such procedure or intervention is utilized. "Life-sustaining procedure" shall not include the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain.
(d) "Physician" means a person licensed to practice medicine and surgery by the state board of healing arts.
(e) "Qualified patient" means a patient who has executed a declaration in accordance with this act and who has been diagnosed and certified in writing to be afflicted with a terminal condition by two physicians who have personally examined the patient, one of whom shall be the attending physician.
History: L. 1979, ch. 199, § 2; July 1.
§§ 65-28,103 Same; declaration authorizing; effect during pregnancy of qualified patient; duty to notify attending physician; form of declaration; severability of directions
(a) Any adult person may execute a declaration directing the withholding or withdrawal of life-sustaining procedures in a terminal condition. The declaration made pursuant to this act shall be: (1) In writing; (2) signed by the person making the declaration, or by another person in the declarant's presence and by the declarant's expressed direction; (3) dated; and (4)(A) signed in the presence of two or more witnesses at least 18 years of age neither of whom shall be the person who signed the declaration on behalf of and at the direction of the person making the declaration, related to the declarant by blood or marriage, entitled to any portion of the estate of the declarant according to the laws of intestate succession of this state or under any will of the declarant or codicil thereto, or directly financially responsible for declarant's medical care; or (B) acknowledged before a notary public. The declaration of a qualified patient diagnosed as pregnant by the attending physician shall have no effect during the course of the qualified patient's pregnancy.
(b) It shall be the responsibility of declarant to provide for notification to the declarant's attending physician of the existence of the declaration. An attending physician who is so notified shall make the declaration, or a copy of the declaration, a part of the declarant's medical records.
(c) The declaration shall be substantially in the following form, but in addition may include other specific directions. Should any of the other specific directions be held to be invalid, such invalidity shall not affect other directions of the declaration which can be given effect without the invalid direction, and to this end the directions in the declaration are severable.
DECLARATION
Declaration made this ___________ day of ______ (month, year). I, _____________, being of sound mind, willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below, do hereby declare:
If at any time I should have an incurable injury, disease, or illness certified to be a terminal condition by two physicians who have personally examined me, one of whom shall be my attending physician, and the physicians have determined that my death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care.
In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.
I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration.
Signed ____________________________________
City, County and State
of Residence ____________________________________
The declarant has been personally known to me and I believe the declarant to be of sound mind. I did not sign the declarant's signature above for or at the direction of the declarant. I am not related to the declarant by blood or marriage, entitled to any portion of the estate of the declarant according to the laws of intestate succession or under any will of declarant or codicil thereto, or directly financially responsible for declarant's medical care.
Witness ___________________________________________
Witness ___________________________________________
(OR)
STATE OF ____________________)
______________________________ ss.
COUNTY OF ____________________)
This instrument was acknowledged before me on ________(date) by ______________________(name of person)
(Signature of notary public)
(Seal, if any)
My appointment expires: ________________________
Copies
History: L. 1979, ch. 199, § 3; L. 1994, ch. 224, § 2; July 1.
§§ 65-28,104 Same; revocation of declaration
(a) A declaration may be revoked at any time by the declarant by any of the following methods:
(1) By being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel;
(2) by a written revocation of the declaration signed and dated by the declarant or person acting at the direction of the declarant; or
(3) by a verbal expression of the intent to revoke the declaration, in the presence of a witness eighteen (18) years of age or older who signs and dates a writing confirming that such expression of intent was made. Any verbal revocation shall become effective upon receipt by the attending physician of the above mentioned writing. The attending physician shall record in the patient's medical record the time, date and place of when he or she received notification of the revocation.
(b) There shall be no criminal or civil liability on the part of any person for failure to act upon a revocation made pursuant to this section unless that person has actual knowledge of the revocation.
History: L. 1979, ch. 199, § 4; July 1.
§§ 65-28,105 Same; written certification and confirmation of declarant's terminal condition; effect of failure to comply
An attending physician who has been notified of the existence of a declaration executed under this act, without delay after the diagnosis of a terminal condition of the declarant, shall take the necessary steps to provide for written certification and confirmation of the declarant's terminal condition, so that declarant may be deemed to be a qualified patient under this act.
An attending physician who fails to comply with this section shall be deemed to have refused to comply with the declaration and shall be subject to subsection (a) of K.S.A. 65-28,107.
History: L. 1979, ch. 199, § 5; July 1.
§§ 65-28,106 Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration
The desires of a qualified patient shall at all times supersede the effect of the declaration.
If the qualified patient is incompetent at the time of the decision to withhold or withdraw life-sustaining procedures, a declaration executed in accordance with K.S.A. 65-28,103 is presumed to be valid. For the purpose of this act, a physician or medical care facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was of sound mind when it was executed. The fact of an individual's having executed a declaration shall not be considered as an indication of a declarant's mental incompetency. Age of itself shall not be a bar to a determination of competency.
No physician, licensed health care professional, medical care facility or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of life-sustaining procedures from a qualified patient pursuant to a declaration made in accordance with this act shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct.
History: L. 1979, ch. 199, § 6; July 1.
§§ 65-28,107 Same; attending physician's refusal to comply with declaration of qualified patient; transfer of patient; unprofessional conduct; unlawful acts
(a) An attending physician who refuses to comply with the declaration of a qualified patient pursuant to this act shall effect the transfer of the qualified patient to another physician. Failure of an attending physician to comply with the declaration of a qualified patient and to effect the transfer of the qualified patient shall constitute unprofessional conduct as defined in K.S.A. 65-2837, and amendments thereto.
(b) Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration of another without such declarant's consent or who falsifies or forges a revocation of the declaration of another shall be guilty of a class A person misdemeanor.
(c) Any person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of the revocation of a declaration, with the intent to cause a withholding or withdrawal of life-sustaining procedures contrary to the wishes of the declarant, and thereby, because of such act, directly causes life-sustaining procedures to be withheld or withdrawn and death to be hastened, shall be guilty of a severity level 7 person felony.
History: L. 1979, ch. 199, § 7; L. 2007, ch. 198, § 10; May 24.
§§ 65-28,108 Same; construction and effect of act
(a) The withholding or withdrawal of life-sustaining procedures from a qualified patient in accordance with the provisions of this act shall not, for any purpose, constitute a suicide and shall not constitute the crime of assisting suicide as defined in K.S.A. 21-5407, and amendments thereto.
(b) The making of a declaration pursuant to K.S.A. 65-28,103, and amendments thereto, shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired or invalidated in any manner by the withholding or withdrawal of life-sustaining procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary.
(c) No physician, medical care facility, or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare benefit plan or nonprofit medical and hospital service corporation shall require any person to execute a declaration as a condition for being insured for, or receiving, health care services.
(d) Nothing in this act shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining procedures in any lawful manner. In such respect the provisions of this act are cumulative.
(e) This act shall create no presumption concerning the intention of an individual who has not executed a declaration to consent to the use or withholding of life-sustaining procedures in the event of a terminal condition.
History: L. 1979, ch. 199, § 8; L. 1997, ch. 8, § 13; L. 2011, ch. 30, § 243; July 1.
§§ 65-28,109 Same; act not to be construed to condone or approve mercy killing or to permit other than natural process of dying
Nothing in this act shall be construed to condone, authorize or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the natural process of dying as provided in this act.
History: L. 1979, ch. 199, § 9; July 1.
§§ 65-28,110 through 65-28,120 Reserved
§§ 65-28,121 Reports by hospitals and others; administrative fines for failure to report
(a) Subject to the provisions of subsection (c) of K.S.A. 65-4923, and amendments thereto, a medical care facility licensed under K.S.A. 65-425 et seq., and amendments thereto, shall, and any person may, report under oath to the state board of healing arts any information such facility or person has which appears to show that a person licensed to practice the healing arts has committed an act which may be a ground for disciplinary action pursuant to K.S.A. 65-2836, and amendments thereto.
(b) A medical care facility shall inform the state board of healing arts whenever the practice privileges of any person licensed to practice the healing arts are terminated, suspended or restricted or whenever such privileges are voluntarily surrendered or limited for reasons relating to such person's professional competence.
(c) 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 state board of healing arts 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.
History: L. 1983, ch. 213, § 2; L. 1986, ch. 229, § 46; L. 1988, ch. 255, § 1; L. 2001, ch. 5, § 240; July 1.
§§ 65-28,122 Person licensed, registered or certified to practice a profession regulated by the board required to report knowledge of violation of K.S.A. 65-2836 to state board of healing arts; exceptions
(a) Subject to the provisions of subsection (c) of K.S.A. 65-4923, and amendments thereto, any person licensed, registered or certified to practice any profession regulated by the board who possesses knowledge not subject to the physician-patient privilege that another person so licensed, registered or certified has committed any act enumerated under any practice act administered by the board which may be a ground for disciplinary action shall immediately report such knowledge, under oath, to the state board of healing arts. A person licensed, registered or certified to practice any profession regulated by the board who possesses such knowledge shall reveal fully such knowledge upon official request of the state board of healing arts.
(b) As used in subsection (a), "knowledge" means familiarity because of direct involvement or observation of the incident.
(c) The provisions of subsection (a) shall not apply to any person licensed, registered or certified to practice any profession regulated by the board who is acting solely as a consultant or providing a review at the request of any person or party.
(d) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 1983, ch. 213, § 4; L. 1986, ch. 229, § 47; L. 2014, ch. 131, § 38; July 1, 2015.
§§ 65-28,123 Temporary education license; issuance; qualifications; conditions; fee
(a) There is hereby created a designation of temporary education license. This license may be issued by the board to any person who: (1) Holds a degree from an accredited school of medicine or an accredited school of osteopathy; (2) is licensed to practice medicine and surgery in another state, territory, the District of Columbia or another country; and (3) is enrolled in a continuing medical education program conducted by the University of Kansas school of medicine or other continuing medical education program offered by a medical care facility affiliated with the university of Kansas school of medicine or offered by a medical care facility which is an accredited osteopathic hospital.
(b) The chief administrative officer of the university of Kansas school of medicine or of the medical care facility shall apply to the state board of healing arts on behalf of the person seeking a temporary education license upon forms approved by the board.
(c) The temporary education license shall confer upon the holder the right and privilege to practice medicine and surgery and shall obligate the holder to comply with all requirements of such license but no fee may be charged for the services of the holder. A person who holds a temporary education license under this section shall be subject to the provisions of the health care provider insurance availability act.
(d) The temporary education license shall be valid only during the period in which the holder is enrolled in a continuing medical education program offered by the university of Kansas school of medicine or other continuing medical education program offered by a medical care facility affiliated with the university of Kansas school of medicine or offered by a medical care facility which is an accredited osteopathic hospital, and such license shall be valid only for the practice of medicine and surgery required to fulfill the requirements of the continuing medical education program.
(e) The fee for a temporary education license shall be $25.
(f) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 1989, ch. 183, § 1; May 18.
§§ 65-28,124 Visiting clinical professor license; issuance; qualifications; practice limitations; renewal; continuing education
(a) There is hereby created a designation of visiting clinical professor license which may be issued by the board to a person who is qualified for a license for the practice of medicine and surgery on an active basis under the Kansas healing arts act. The application for a visiting clinical professor license shall be made to the board upon forms approved by the board and shall be accompanied with a statement from the chief administrative officer of the university of Kansas school of medicine at the university of Kansas medical center stating that the person is under contract with the university of Kansas medical center or one of the affiliated private practice foundations of the university of Kansas medical center to provide patient care and clinical teaching at the university of Kansas medical center or at one of the affiliated private practice foundations at the university of Kansas medical center and that the information on the application has been verified to be correct. Application for a visiting clinical professor license and for any renewal or reinstatement thereof shall be also accompanied by proof that the person has the professional liability insurance that would be required if the person were defined as a health care provider by subsection (f) of K.S.A. 40-3401 and amendments thereto in an amount of not less than the basic coverage specified under subsection (a) of K.S.A. 40-3402 and amendments thereto plus an amount of not less than the amount specified under OPTION 3 of subsection (l) of K.S.A. 40-3403 and amendments thereto, and by an affidavit that the person will maintain this professional liability insurance during the time that the visiting clinical professor license is valid. A visiting clinical professor license shall be valid only for the practice of medicine and surgery at the university of Kansas medical center or at one of the affiliated private practice foundations at the university of Kansas medical center. Physicians who are defined as full time physician faculty employed by the university of Kansas medical center under subsection (s) of K.S.A. 40-3401 and amendments thereto are not eligible for a visiting clinical professor license.
(b) The provisions of subsections (a), (d) and (e) of K.S.A. 65-2809 and amendments thereto relating to expiration and renewal of a license and the provisions of subsection (b) of K.S.A. 65-2809 and amendments thereto relating to continuing education requirements shall be applicable to a visiting clinical professor license issued under this section.
(c) This section shall be a part of and supplemental to the Kansas healing arts act.
History: L. 1992, ch. 156, § 1; April 30.
§§ 65-28,125 Limited permit to practice a branch of the healing arts; issuance; qualifications; practice limitations; renewal
(a) There is hereby created a designation of limited permit to practice a branch of the healing arts which may be issued by the board to a person who holds a degree from a healing arts school; is duly licensed and in good standing to practice the same branch of the healing arts in another state, territory, or the District of Columbia; has made proper application upon forms provided by the board; has paid the prescribed fee established under K.S.A. 65-2852 and amendments thereto; has not previously been licensed in this state; and will provide professional services in this state only as a charitable health care provider as defined under K.S.A. 75-6102 and amendments thereto.
(b) The limited permit issued under subsection (a), when issued, shall authorize the person receiving the permit to practice the appropriate branch of the healing arts as a charitable health care provider but shall not authorize the person receiving the permit to otherwise engage in the practice of the healing arts in this state.
(c) The provisions of subsections (a), (d) and (e) of K.S.A. 65-2809 and amendments thereto relating to expiration, renewal and reinstatement of a license shall be applicable to a limited permit issued under this section.
(d) This section shall be a part of and supplemental to the Kansas healing arts act.
History: L. 1995, ch. 82, § 5; July 1.
§§ 65-28,126 Changes in licensee's mailing and practice addresses; notice to board; penalties
(a) It shall be the duty of each licensee to notify the state board of healing arts in writing within 30 days of any changes in the licensee's mailing and practice addresses.
(b) A penalty in the amount not to exceed $100 for the first violation of subsection (a) and $150 for each subsequent violation of subsection (a) may be assessed by the state board of healing arts under the provisions of K.S.A. 65-2863a, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 1995, ch. 82, § 6; L. 2014, ch. 131, § 39; July 1, 2015.
§§ 65-28,127 Licensees who direct, supervise, order, refer, accept responsibility for, enter into practice protocols with or delegate acts which constitute practice of healing arts to others; requirements and limitations; construction of section
(a) Every supervising or responsible licensee who directs, supervises, orders, refers, accepts responsibility for, enters into written agreements or practice protocols with, or who delegates acts which constitute the practice of the healing arts to other persons shall:
(1) Be actively engaged in the practice of the healing arts in Kansas;
(2) review and keep current any required written agreements or practice protocols between the supervising or responsible licensee and such persons, as may be determined by the board;
(3) direct, supervise, order, refer, enter into a written agreement or practice protocol with, or delegate to such persons only those acts and functions which the supervising or responsible licensee knows or has reason to believe can be competently performed by such person and is not in violation of any other statute or regulation;
(4) direct, supervise, order, refer, enter into a written agreement or practice protocol with, or delegate to other persons only those acts and functions which are within the normal and customary specialty, competence and lawful practice of the supervising or responsible licensee;
(5) provide for a qualified, substitute licensee who accepts responsibility for the direction, supervision, delegation and written agreements or practice protocols with such persons when the supervising or responsible licensee is temporarily absent; and
(6) comply with all rules and regulations of the board establishing limits and conditions on the delegation and supervision of services constituting the practice of medicine and surgery.
(b) "Responsible licensee" means a person licensed by the state board of healing arts to practice medicine and surgery or chiropractic who has accepted responsibility for the actions of persons who perform acts pursuant to written agreements or practice protocols with, or at the order of, or referral, direction, supervision or delegation from such responsible licensee.
(c) Except as otherwise provided by rules and regulations of the board implementing this section, the physician assistant licensure act shall govern the direction and supervision of physician assistants by persons licensed by the state board of healing arts to practice medicine and surgery.
(d) Nothing in subsection (a)(4) shall be construed to prohibit a person licensed to practice medicine and surgery from ordering, authorizing or directing anesthesia care by a registered nurse anesthetist pursuant to K.S.A. 65-1158, and amendments thereto.
(e) Nothing in this section shall be construed to prohibit a person licensed to practice medicine and surgery from ordering, authorizing or directing physical therapy services pursuant to K.S.A. 65-2901 et seq., and amendments thereto.
(f) Nothing in this section shall be construed to prohibit a person licensed to practice medicine and surgery from entering into a co-management relationship with an optometrist pursuant to K.S.A. 65-1501 et seq., and amendments thereto.
(g) The board may adopt rules and regulations establishing limits and conditions on the delegation and supervision of services constituting the practice of medicine and surgery.
(h) As used in this section, "supervising physician" shall have the meaning ascribed thereto in K.S.A. 65-28a02, and amendments thereto.
(i) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 1998, ch. 170, § 1; L. 2000, ch. 162, § 20; L. 2004, ch. 117, § 6; L. 2009, ch. 133, § 2; L. 2014, ch. 131, § 40; L. 2015, ch. 46, § 8; July 1.
§§ 65-28,128 Abandonment of health care records; court jurisdiction; procedure; appointment of custodian of records, authority and duties, liability, physician-patient privilege; access to records
(a) As used in this section:
(1) "Health care provider" means a person licensed to practice any branch of the healing arts by the state board of healing arts, a podiatrist licensed by the state board of healing arts, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a Kansas limited liability company organized for the purpose of rendering professional services by its members who are health care providers as defined by this subsection and who are legally authorized to render the professional services for which the limited liability company is organized, a partnership of persons who are health care providers under this subsection, a Kansas not-for-profit corporation organized for the purpose of rendering professional services by persons who are health care providers as defined by this subsection.
(2) "Board" means the state board of healing arts.
(b) The board shall immediately petition the court for appointment of a custodian of a health care provider's health care records if the board is notified or has independent knowledge that a health care provider: (1) Has abandoned health care records, abandoned the health care provider's practice, had the health care provider's license suspended or revoked, had a license canceled or dissolved a business entity and the health care provider is unable or refuses to allow patients access to their health care records as authorized by law or (2) has died and the health care provider's patients are unable to access their health care records as authorized by law. The petition shall nominate a person or business entity who is capable and willing to serve as the custodian of health care records. The district court shall expedite an action brought by the board. The court's findings may be made solely on a review of the documentation or affidavits attached to the petition and without hearing any testimonial evidence. The district court's review may be made ex parte without delay or notice of any kind. An appellate court shall expedite review of a district court's findings as provided in this section.
(c) Notice of hearing on the petition shall be served on the health care provider at the last known address and if the health care provider is a business entity, on the registered agent of such business entity. If the health care provider has died and an administrator of the estate has been appointed, notice shall be served on such administrator. Notice shall be served as in civil cases.
(d) At the hearing, if the court finds the health care records have been abandoned, the court shall appoint a person or business entity as the custodian of the health care records and responsible for the safekeeping thereof, and shall order the delivery and possession of the health care records to the appointed custodian of health care records. The court may make all additional orders necessary to protect the health care provider's property interests in the records.
(e) The record's custodian:
(1) Shall be a fiduciary and act in the place of the health care provider to furnish to the patient or the patient's authorized representative copies of health care records, pursuant to K.S.A. 65-4970 through 65-4973, and amendments thereto, and shall be authorized to collect any fee for disclosure authorized by K.S.A. 65-4971, and amendments thereto;
(2) shall have exclusive possession of the health care records until further order of the court;
(3) may destroy the records in the ordinary course of business when the health care provider's duty to maintain such records has ceased;
(4) shall act in the place of the health care provider to maintain confidentiality of records and shall be liable if the custodian maliciously breeches the confidentiality;
(5) shall not guarantee or be liable for the accuracy or completeness of the health care records;
(6) shall not be liable in a civil action for damages or other relief arising from the performance of the responsibilities set forth in this section except upon clear and convincing evidence that the custodian of records maliciously altered or destroyed health care records; and
(7) shall act as the health care provider for the purposes of physician-patient privilege, pursuant to K.S.A. 60-427, and amendments thereto, and shall assert any privilege acting as the physician.
(f) At any time after the appointment of a custodian, the health care provider, administrator of the health care provider's estate or board may petition the court to amend, modify or dissolve the order concerning the custodian of health care records. The court shall amend the order when it reasonably appears the health care provider or administrator of the health care provider's estate is prepared to assume the duties of the health care provider relating to the records.
(g) Nothing in this act shall prohibit the health care provider or the health care provider's authorized representative from gaining access and copying a record created by the health care provider.
(h) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 2004, ch. 117, § 1; L. 2009, ch. 133, § 3; July 1.
§§ 65-28,129 State board of healing arts; fingerprinting and criminal history; fees
(a) As part of an original application for or reinstatement of any license, registration, permit or certificate or in connection with any investigation of any holder of a license, registration, permit or certificate, the state board of healing arts may require a person to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(b) The state board of healing arts may fix and collect a fee as may be required by the board in an amount necessary to reimburse the board for the cost of fingerprinting and the criminal history record check. Any moneys collected under this subsection shall be deposited in the state treasury and credited to the healing arts fee fund.
(c) This section shall be a part of and supplemental to the Kansas healing arts act.
History: L. 2008, ch. 154, § 2; L. 2024, ch. 15, § 55; July 1.
§§ 65-28,130 Same; graduated sanctions; reference guide
(a) The board shall adopt a formal list of graduated sanctions for violations of the Kansas healing arts act which may be used by the board as a reference guide for the imposition of each level of sanction.
(b) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 2008, ch. 154, § 3; July 1.
§§ 65-28,131 Same; website; licensee information
(a) The board shall make available, unless otherwise prohibited by law, on a searchable website which shall be accessible by the public, the following information, which has been reported to the board, regarding licensees:
(1) The licensee's full name, business address, telephone number, license number, type, status and expiration date;
(2) the licensee's practice specialty, if any, and board certifications, if any;
(3) any public disciplinary action taken against the licensee by the board or by the licensing agency of any state or other country in which the licensee is currently licensed or has been licensed in the past;
(4) any involuntary limitation, denial, revocation or suspension of the licensee's staff membership or clinical privileges at any hospital or other health care facility, and the name of the hospital or facility, the date the action was taken, a description of the action, including any terms and conditions of the action and whether the licensee has fulfilled the conditions of the action;
(5) any involuntary surrender of the licensee's drug enforcement administration registration; and
(6) any final criminal conviction resulting from the commission of a felony in any state or country.
(b) Any person applying for an active license, including a renewal or reinstatement license, shall provide the information required in subsection (a) on forms or in a manner determined by the board by rule and regulation.
(c) At the time of licensure or renewal, a licensee may add a statement to such licensee's profile as it appears on the website created herein. Such statement may provide further explanation of any disciplinary information contained in such licensee's profile.
(d) This section shall be part of and supplemental to the healing arts act.
History: L. 2008, ch. 154, § 4; L. 2014, ch. 131, § 59; July 1, 2015.
§§ 65-28,132 Medical records maintenance trust fund; authorized uses of moneys credited to fund; rules and regulations
(a) For the purpose of paying for storage, maintenance and transfer of medical records by the board of healing arts, there is hereby established the medical record maintenance trust fund. All payments and disbursements from the medical records maintenance trust fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive director of the board or by any person designated by the board.
(b) The board may certify to the director of accounts and reports that a specific amount, but not more than $10, of each fee for the issuance or renewal of a license be credited to the medical records maintenance trust fund until such time the balance exceeds $100,000. At any time the balance in the medical records trust fund falls below $100,000, the board shall certify again to the director of accounts and reports that a specific amount, but not to exceed $10, of each fee for the issuance or renewal of a license be deposited in the state treasury and credited to the medical records maintenance trust fund. The board may order a licensee to reimburse the amount of expenses incurred by the board in a case when such licensee failed to designate a custodian or provide for the storage, maintenance, transfer and access to such licensee's medical records upon becoming inactive. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the medical records maintenance trust fund. All funds deposited and credited to the medical records maintenance fund shall be expended for the purposes set forth in this section.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the medical records maintenance trust fund interest earnings based on: (1) The average daily balance of moneys in the medical records maintenance trust fund for the preceding month; and (2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) The board of healing arts shall adopt rules and regulations establishing the procedures and standards necessary to implement the provisions of this section within one year of the effective date of this section.
(e) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 2009, ch. 133, § 1; L. 2014, ch. 131, § 41; July 1, 2015.
§§ 65-28,133 Interstate medical licensure compact
This act shall be known and may be cited as the interstate medical licensure compact.
INTERSTATE MEDICAL LICENSURE COMPACT
SECTION 1
PURPOSE
In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
SECTION 2
DEFINITIONS
In this compact:
(a) "Bylaws" means those bylaws established by the interstate commission pursuant to section 11 for its governance, or for directing and controlling its actions and conduct.
(b) "Commissioner" means the voting representative appointed by each member board pursuant to section 11.
(c) "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.
(d) "Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.
(e) "Interstate commission" means the interstate commission created pursuant to section 11.
(f) "License" means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.
(g) "Medical practice act" means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.
(h) "Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation and education of physicians as directed by the state government.
(i) "Member state" means a state that has enacted the compact.
(j) "Practice of medicine" means the clinical prevention, diagnosis or treatment of human disease, injury or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.
(k) "Physician" means any person who:
(1) Is a graduate of a medical school accredited by the liaison committee on medical education, the commission on osteopathic college accreditation or a medical school listed in the international medical education directory or its equivalent;
(2) passed each component of the United States medical licensing examination (USMLE) or the comprehensive osteopathic medical licensing examination (COMLEX-USA) within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;
(3) successfully completed graduate medical education approved by the accreditation council for graduate medical education or the American osteopathic association;
(4) holds specialty certification or a time-unlimited specialty certificate recognized by the American board of medical specialties or the American osteopathic association's bureau of osteopathic specialists;
(5) possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;
(6) has never been convicted, received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;
(7) has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to non-payment of fees related to a license;
(8) has never had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration; and
(9) is not under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction.
(l) "Offense" means a felony, gross misdemeanor or crime of moral turpitude.
(m) "Rule" means a written statement by the interstate commission promulgated pursuant to section 12 of the compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal or suspension of an existing rule.
(n) "State" means any state, commonwealth, district or territory of the United States.
(o) "State of principal license" means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.
SECTION 3
ELIGIBILITY
(a) A physician must meet the eligibility requirements as defined in section 2(k) to receive an expedited license under the terms and provisions of the compact.
(b) A physician who does not meet the requirements of section 2(k) may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
SECTION 4
DESIGNATION OF STATE OF PRINCIPAL LICENSE
(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(1) The state of primary residence for the physician;
(2) the state where at least 25% of the practice of medicine occurs;
(3) the location of the physician's employer; or
(4) if no state qualifies under subsection (a)(1), subsection (a)(2) or subsection (a)(3), the state designated as state of residence for purpose of federal income tax.
(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a).
(c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
SECTION 5
APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE
(a) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the interstate commission.
(1) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.
(2) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. § 731.202.
(3) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
(c) Upon verification in subsection (b), physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to subsection (a), including the payment of any applicable fees.
(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.
(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
(f) An expedited license obtained through the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without redesignation of a new state of principal licensure.
(g) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
SECTION 6
FEES FOR EXPEDITED LICENSURE
(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
(b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.
SECTION 7
RENEWAL AND CONTINUED PARTICIPATION
(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:
(1) Maintains a full and unrestricted license in a state of principal license;
(2) has not been convicted, received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction;
(3) has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to non-payment of fees related to a license; and
(4) has not had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration.
(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(c) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c), a member board shall renew the physician's license.
(e) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.
(f) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the compact.
SECTION 8
COORDINATED INFORMATION SYSTEM
(a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under section 5.
(b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the compact.
(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
(d) Member boards may report any non-public complaint, disciplinary or investigatory information not required by subsection (c) to the interstate commission.
(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(f) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
SECTION 9
JOINT INVESTIGATIONS
(a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective medical practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(c) A subpoena issued by a member state shall be enforceable in other member states.
(d) Member boards may share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
SECTION 10
DISCIPLINARY ACTIONS
(a) Any disciplinary action taken by any member board against a physician licensed through the compact shall be deemed unprofessional conduct, which may be subject to discipline by other member boards, in addition to any violation of the medical practice act or regulations in that state.
(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician's license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medical practice act of that state.
(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
(1) Impose the same or lesser sanctions against the physician so long as such sanctions are consistent with the medical practice act of that state; or
(2) pursue separate disciplinary action against the physician under its respective medical practice act, regardless of the action taken in other member states.
(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member boards, for 90 days upon entry of the order by the disciplining board, to permit the member boards to investigate the basis for the action under the medical practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the 90-day suspension period in a manner consistent with the medical practice act of that state.
SECTION 11
INTERSTATE MEDICAL LICENSURE
COMPACT COMMISSION
(a) The member states hereby create the interstate medical licensure compact commission.
(b) The purpose of the interstate commission is the administration of the interstate medical licensure compact, which is a discretionary state function.
(c) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.
(d) The interstate commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be:
(1) An allopathic or osteopathic physician appointed to a member board;
(2) an executive director, executive secretary or similar executive of a member board; or
(3) a member of the public appointed to a member board.
(e) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.
(f) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.
(g) Each commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d).
(h) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to:
(1) Relate solely to the internal personnel practices and procedures of the interstate commission;
(2) discuss matters specifically exempted from disclosure by federal statute;
(3) discuss trade secrets, commercial or financial information that is privileged or confidential;
(4) involve accusing a person of a crime, or formally censuring a person;
(5) discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) discuss investigative records compiled for law enforcement purposes; or
(7) specifically relate to the participation in a civil action or other legal proceeding.
(i) The interstate commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.
(j) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.
(k) The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.
(l) The interstate commission may establish other committees for governance and administration of the compact.
SECTION 12
POWERS AND DUTIES OF
THE INTERSTATE COMMISSION
The interstate commission shall have the duty and power to:
(a) Oversee and maintain the administration of the compact;
(b) promulgate rules which shall be binding to the extent and in the manner provided for in the compact;
(c) issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules and actions;
(d) enforce compliance with compact provisions, the rules promulgated by the interstate commission and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;
(e) establish and appoint committees including, but not limited to, an executive committee as required by section 11, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties;
(f) pay, or provide for the payment of the expenses related to the establishment, organization and ongoing activities of the interstate commission;
(g) establish and maintain one or more offices;
(h) borrow, accept, hire or contract for services of personnel;
(i) purchase and maintain insurance and bonds;
(j) employ an executive director who shall have such powers to employ, select or appoint employees, agents or consultants, and to determine their qualifications, define their duties and fix their compensation;
(k) establish personnel policies and programs relating to conflicts of interest, rates of compensation and qualifications of personnel;
(l) accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of it in a manner consistent with the conflict of interest policies established by the interstate commission;
(m) lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed;
(n) sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(o) establish a budget and make expenditures;
(p) adopt a seal and bylaws governing the management and operation of the interstate commission;
(q) report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission;
(r) coordinate education, training and public awareness regarding the compact, its implementation and its operation;
(s) maintain records in accordance with the bylaws;
(t) seek and obtain trademarks, copyrights and patents; and
(u) perform such functions as may be necessary or appropriate to achieve the purposes of the compact.
SECTION 13
FINANCE POWERS
(a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
(b) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
(c) The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
(d) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.
SECTION 14
ORGANIZATION AND OPERATION OF
THE INTERSTATE COMMISSION
(a) The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within 12 months of the first interstate commission meeting.
(b) The interstate commission shall elect or appoint annually from among its commissioners a chairperson, a vice-chairperson and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission.
(c) Officers selected in subsection (b) shall serve without remuneration from the interstate commission.
(d) The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
(1) The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.
(2) The interstate commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.
(3) To the extent not covered by the state involved, member state or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney fees and costs, obtained against such persons arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
SECTION 15
RULEMAKING FUNCTIONS OF
THE INTERSTATE COMMISSION
(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
(b) Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the "model state administrative procedure act" of 2010, and subsequent amendments thereto.
(c) Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.
SECTION 16
OVERSIGHT OF INTERSTATE COMPACT
(a) The executive, legislative and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules promulgated hereunder shall have standing as statutory law, but shall not override existing state authority to regulate the practice of medicine.
(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact, which may affect the powers, responsibilities or actions of the interstate commission.
(c) The interstate commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact or promulgated rules.
SECTION 17
ENFORCEMENT OF INTERSTATE COMPACT
(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the compact.
(b) The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States district court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.
(c) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
SECTION 18
DEFAULT PROCEDURES
(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the interstate commission promulgated under the compact.
(b) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall:
(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and
(2) provide remedial training and specific technical assistance regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
(e) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.
(f) The member state, which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.
(g) The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(h) The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.
SECTION 19
DISPUTE RESOLUTION
(a) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states or member boards.
(b) The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
SECTION 20
MEMBER STATES, EFFECTIVE
DATE AND AMENDMENT
(a) Any state is eligible to become a member state of the compact.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
(c) The governors of non-member states, or their designees, shall be invited to participate in the activities of the interstate commission on a non-voting basis prior to adoption of the compact by all states.
(d) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
SECTION 21
WITHDRAWAL
(a) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(b) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(c) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
(d) The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice provided under subsection (c).
(e) The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(g) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
SECTION 22
DISSOLUTION
(a) The compact shall dissolve effective upon the date of the withdrawal or default of the member state, which reduces the membership in the compact to one member state.
(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
SECTION 23
SEVERABILITY AND CONSTRUCTION
(a) The provisions of the compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of the compact shall be liberally construed to effectuate its purposes.
(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
SECTION 24
BINDING EFFECT OF COMPACT
AND OTHER LAWS
(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(d) All agreements between the interstate commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
History: L. 2016, ch. 92, § 87; July 1.
§§ 65-28,134 Authorization for certain business entities to hire licensees of the board; information required; renewal; fees; responsibility for conduct or acts of agents or employees; definitions
(a) Notwithstanding any other provision of law, a business entity issued a certificate of authorization by the board may employ or contract with one or more licensees of the board for the purpose of providing professional services for which such licensees hold a valid license issued by the board. Nothing in the Kansas healing arts act shall be construed to prohibit a licensee from being employed by or under contract to provide professional services for a business entity granted a certificate of authorization pursuant to this section. Medical care facilities, as defined by K.S.A. 65-425, and amendments thereto, that are in compliance with department of health and environment licensure requirements are exempt from the provisions of this section. Nothing contained herein shall be construed to allow a corporation to practice optometry or dentistry, except as otherwise provided in K.S.A. 17-2706, and amendments thereto.
(b) (1) A business entity may apply to the state board of healing arts for a certificate of authorization, on a form and in a manner prescribed by the state board of healing arts, and shall include the following information:
(A) The name of the business entity;
(B) a list of the names of the owners and officers of the business entity;
(C) a description of the apportionment of liability of all partners or owners, if the business entity is organized as a limited partnership or a limited liability company;
(D) a list of each responsible official if the business entity is organized as a governmental unit; and
(E) a list of all licensed physicians and chiropractors to be hired by the business entity.
(2) As a condition of certification, a business entity shall be required to provide the state board of healing arts evidence of the following:
(A) The address of the business entity;
(B) a city or county occupational license; and
(C) licensure of all physicians and chiropractors to be employed by the business entity.
(3) A business entity applying for certification shall remit a fee set by the state board of healing arts through rules and regulations, not to exceed $1,000.
(c) (1) If the state board of healing arts finds that such business entity is in compliance with all of the requirements of this section, the state board of healing arts shall issue a certificate of authorization to such business entity designating the business entity as authorized to employ individuals licensed to practice medicine and surgery or chiropractic, as applicable.
(2) A certificate of authorization shall be renewed annually and accompanied by a fee to be fixed by the state board of healing arts. The renewal fee shall be accompanied by a form prescribed by the state board of healing arts.
(d) Except as provided in K.S.A. 40-3403, and amendments thereto, no business entity issued a certificate of authorization under this section shall be relieved of responsibility for the conduct or acts of its agents or employees by reason of its compliance with the provisions of this section, nor shall any individual licensed to practice the healing arts be relieved of responsibility and liability for services performed by reason of employment or relationship with such business entity. Nothing in this section shall exempt any business entity from the provisions of any other law applicable to the business entity.
(e) A business entity issued a certificate of authorization under this section shall not:
(1) In any manner, directly or indirectly, interfere with, diminish, restrict, substitute its judgment for or otherwise exercise control over the independent professional judgment and decisions of its employed licensees as it relates to the care of patients; or
(2) prohibit or restrict any employed licensee from discussing with or disclosing to any patient or other individual any medically appropriate healthcare information that such licensee deems appropriate regarding the nature of treatment options, the risks or alternatives thereto, the process used or the decision made by the business entity to approve or deny healthcare services, the availability of alternate therapies, consultations or tests, or from advocating on behalf of the patient.
(f) As used in this section:
(1) (A) "Business entity" means an employer located in Kansas that utilizes electronic medical records and offers medicine and surgery or chiropractic services solely for its employees and the dependents of such employees at the employer's work site; an organization that is licensed to sell accident and sickness insurance in the state that is also a mutual or non-profit health carrier that utilizes electronic medical records, or a wholly owned subsidiary of such organization that provides medical services solely for the organization's enrollees and dependents of such enrollees; or an information technology company that designs, utilizes and provides electronic medical records for businesses and worksite medical clinics for employers located in Kansas and offers medicine and surgery or chiropractic services solely to its employees and the dependents of such employees at the employer's work sites in Kansas.
(B) "Business entity" does not include medical care facilities under K.S.A. 65-425, and amendments thereto, corporations licensed under K.S.A. 40-3214, and amendments thereto, and professional corporations organized pursuant to the professional corporation law of Kansas.
(2) "Physician" means a person licensed by the state board of healing arts to practice medicine and surgery.
(3) "Licensee" means a person licensed by the state board of healing arts to practice medicine and surgery or chiropractic and whose license is in a full active status and has not been revoked, suspended, limited or placed under probationary conditions.
(g) A business entity's certificate of authorization may be revoked, suspended or limited, may be publicly censured or placed under probationary conditions, or an application for a certificate or for reinstatement of a certificate may be denied upon a finding of the existence of any of the following grounds:
(1) The business entity has committed fraud or misrepresentation in applying for or securing an original, renewal or reinstated certificate.
(2) The business entity has willfully or repeatedly violated this act, the pharmacy act of the state of Kansas or the uniform controlled substances act or any rules and regulations adopted pursuant thereto, or any rules and regulations of the secretary of health and environment that are relevant to the practice of the healing arts.
(3) The business entity has had a certificate, or equivalent authorization, to employ licensees to practice the healing arts revoked, suspended or limited, has been censured or has had other disciplinary action taken or has had an application for a certificate or license denied, by the proper licensing authority of another state.
(4) The business entity has violated any lawful rule and regulation promulgated by the board.
(5) The business entity has failed to report or reveal the knowledge required to be reported or revealed under K.S.A. 65-28,122, and amendments thereto.
(6) The business entity has failed to report to the board any adverse action taken against the business entity by another state or licensing jurisdiction, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.
(7) The business entity has engaged in conduct likely to deceive, defraud or harm the public.
(8) The business entity has engaged in conduct that violates patient trust and exploits the licensee-patient relationship for corporate gain.
(9) The business entity has used any false, fraudulent or deceptive statement in any document connected with the practice of the healing arts, including the intentional falsifying or fraudulent altering of a patient healthcare record.
(10) The business entity has failed to furnish to the board, or its investigators or representatives, any information legally requested by the board.
(11) The business entity has had, or failed to report to the board, any adverse judgment, award or settlement against the business entity resulting from a medical liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this section.
(12) The business entity has been convicted of a felony or class A misdemeanor, or substantially similar offense in another jurisdiction, related to the practice of the healing arts.
(h) The state board of healing arts shall adopt all rules and regulations as necessary to implement and administer the provisions of this section.
(i) For the purposes of determining the impact on the healthcare stabilization fund of requiring business entities to comply with the provisions of the healthcare provider insurance availability act, the healthcare stabilization fund is hereby directed to conduct such acturarial and operational studies as are necessary to determine such impact, and to report the findings to the legislature on or before January 1, 2020.
(j) This section shall be a part of and supplemental to the Kansas healing arts act.
(k) The provisions of this section shall take effect on and after March 1, 2020.
History: L. 2019, ch. 52, § 2; July 1.
§§ 65-28,135 Telemedicine; out-of-state physician practice; requirements and limitations; waiver application and fee; other healthcare professionals
(a) Notwithstanding any other provision of law, a physician holding a license issued by the applicable licensing agency of another state or who otherwise meets the requirements of this section may practice telemedicine to treat patients located in the state of Kansas, if such physician receives a telemedicine waiver issued by the state board of healing arts. The state board of healing arts shall issue such a waiver within 15 days from receipt of a complete application, if the physician:
(1) Submits a complete application that may include evidence in the form of an affidavit from an authorized third party that the applicant meets the requirements of this section in a manner determined by the state board of healing arts and pays a fee not to exceed $100; and
(2) holds an unrestricted license to practice medicine and surgery in another state or meets the qualifications required under Kansas law for a license to practice medicine and surgery and is not the subject of any investigation or disciplinary action by the applicable licensing agency.
(b) A physician practicing telemedicine in accordance with this subsection shall conduct an appropriate assessment and evaluation of the patient's current condition and document the appropriate medical indication for any prescription issued.
(c) Nothing in this section shall supersede or otherwise affect the provisions of K.S.A. 65-4a10, and amendments thereto, or K.S.A. 40-2,210 et seq., and amendments thereto.
(d) Any person who receives a telemedicine waiver under the provisions of this section shall be subject to all rules and regulations pertaining to the practice of the licensed profession in this state and shall be considered a licensee for the purposes of the professional practice acts administered by the state board of healing arts.
(e) A waiver issued under this section shall expire on the date of expiration established by the state board of healing arts unless renewed in the manner established by the state board of healing arts, including payment of an annual renewal fee not to exceed $100 and evidence that the applicant continues to meet the qualifications described in this section.
(f) Notwithstanding any other provision of law to the contrary, a physician holding a license issued by the applicable licensing agency of another state may provide, without limitation, consultation through remote technology to a physician licensed in the state of Kansas.
(g) An applicable healthcare licensing agency of this state may adopt procedures consistent with this section to allow other healthcare professionals licensed and regulated by such licensing agency to practice telemedicine within the scope of practice defined by Kansas law for such healthcare profession as deemed by such licensing agency to be consistent with ensuring patient safety.
(h) Nothing in this section shall be construed to prohibit a licensing agency from denying an application for a waiver under this section if the licensing body determines that granting the application may endanger the health and safety of the public.
(i) As used in this subsection, "telemedicine" means the delivery of healthcare services by a healthcare provider while the patient is at a different physical location.
History: L. 2021, ch. 88, § 10; May 6.
§§ 65-28,136 Sports waiver for out-of-state physicians; application; restrictions; denial of application; rules and regulations for other healthcare professions
(a) Notwithstanding any other provision of law to the contrary, an out-of-state physician holding a license issued by the applicable licensing agency of another state may practice medicine on a limited basis in this state during certain sporting events, if such physician receives a sports waiver issued by the state board of healing arts. The board shall issue such a waiver within 15 days after receipt of a complete application if the physician:
(1) Submits a complete application in the manner determined by the board;
(2) holds an unrestricted license to practice medicine and surgery in another state and is not the subject of any investigation or disciplinary action by any applicable licensing agency;
(3) has professional liability coverage for the duration of the sporting event that meets the minimum level of coverage required to practice in Kansas; and
(4) meets at least one of the following qualifications:
(A) The physician has entered into a written agreement with a sports team to provide medical care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state;
(B) the physician has been invited by a national sport governing body to provide healthcare services to team members and coaching staff at a national sport training center in this state; or
(C) the physician has been invited by a national sport governing body to provide healthcare services at an event or competition in this state that is sanctioned by a national sport governing body.
(b) Any individual practicing under a sports waiver issued by the board shall be limited to:
(1) The scope of practice defined by Kansas law for such healthcare profession; and
(2) such healthcare services required under the written agreement either with a sports team for team members and coaching staff or healthcare services that are required by the national sport governing body.
(c) Any individual practicing pursuant to a sports waiver under the provisions of this section shall be subject to all rules and regulations relating to the practice of the licensed profession in this state and shall be considered a licensee for the purposes of the provisions of law administered by the board.
(d) (1) A sports waiver issued under this section shall be valid for the time certified by the healthcare professional or national sports governing body for each respective sporting event, except that no waiver shall be valid for longer than 30 days.
(2) An individual shall not be issued more than five sports waivers in a calendar year, unless otherwise approved by the board for an extenuating, unforeseen circumstance.
(e) Nothing in this section shall be construed to permit any individual issued a sports waiver under the provisions of this section to:
(1) Provide healthcare services or consultation to any individual residing in this state, other than individuals described in subsection (a); or
(2) practice the individual's healthcare profession at a licensed healthcare facility in this state.
(f) Any individual issued a sports waiver or out-of-state sports team receiving services from such individual shall report to the board any potential violation of the healing arts act or other applicable practice act, including, but not limited to, professional incompetence or unprofessional conduct.
(g) Nothing in this section shall be construed to prohibit the board from denying an application for a sports waiver under this section if the board determines that the individual does not meet technical qualifications or granting the application may endanger the health and safety of the public.
(h) (1) The board may adopt rules and regulations necessary to implement the provisions of this section, including, but not limited to, procedures for reporting potential medical violations.
(2) Consistent with this section, the board may adopt procedures to allow other healthcare professionals licensed and regulated by the board to be issued a sports waiver to ensure patient safety.
(i) This section shall be a part of and supplemental to article 28 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2023, ch. 90, § 1; July 1.
§§ 65-28,137 Citation of act; definitions
(a) The provisions of K.S.A. 2025 Supp. 65-28,137 through 65-28,142, and amendments thereto, shall be known and may be cited as the help not harm act.
(b) As used in this act:
(1) "Child" means an individual less than 18 years of age.
(2) "Female" means an individual who is a member of the female sex.
(3) "Gender" means the psychological, behavioral, social and cultural aspects of being male or female.
(4) "Gender dysphoria" is the diagnosis of gender dysphoria in the fifth edition of the diagnostic and statistical manual of mental disorders.
(5) "Healthcare provider" means an individual who is licensed, certified or otherwise authorized by the laws of this state to administer healthcare services in the ordinary course of the practice of such individual's profession.
(6) "Male" means an individual who is a member of the male sex.
(7) "Perceived sex" is an individual's internal sense of such individual's sex.
(8) "Perceived gender" is an individual's internal sense of such individual's gender.
(9) "Sex" means the biological indication of male and female in the context of reproductive potential or capacity, including sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender.
(10) "Social transitioning" means acts other than medical or surgical interventions that are undertaken for the purpose of presenting as a member of the opposite sex, including the changing of an individual's preferred pronouns or manner of dress.
History: L. 2025, ch. 1, § 1; February 20.
§§ 65-28,138 Prohibition of the use of state funds, medication and surgery for gender dysphoria treatment; restrictions on promotion or advocacy for certain gender dysphoria treatments
(a) A recipient of state funds shall not use such funds to provide or subsidize medication or surgery as provided in K.S.A. 2025 Supp. 65-28,139, and amendments thereto, as a treatment for a child's perception of gender or sex that is inconsistent with such child's sex.
(b) An individual or entity that receives state funds to pay for or subsidize the treatment of children for psychological conditions, including gender dysphoria, shall not prescribe, dispense or administer medication or perform surgery as provided in K.S.A. 2025 Supp. 65-28,139, and amendments thereto, or provide a referral to another healthcare provider for such medication or surgery for a child whose perceived gender or perceived sex is inconsistent with such child's sex.
(c) The Kansas program of medical assistance and its managed care organizations shall not reimburse or provide coverage for medication or surgery as provided in K.S.A. 2025 Supp. 65-28,139, and amendments thereto, as a treatment for a child whose perceived gender or perceived sex is inconsistent with such child's sex.
(d) Except to the extent required by the first amendment to the United States constitution, a state property, facility or building shall not be used to promote or advocate the use of social transitioning, medication or surgery as provided in K.S.A. 2025 Supp. 65-28,139, and amendments thereto, as a treatment for a child whose perceived gender or perceived sex is inconsistent with such child's sex.
(e) A state property, facility or building shall not be used to prescribe, dispense or administer medication or perform surgery as provided in K.S.A. 2025 Supp. 65-28,139, and amendments thereto, as a treatment for a child whose perceived gender or perceived sex is inconsistent with such child's sex.
(f) A state employee whose official duties include the care of children shall not, while engaged in those official duties, promote the use of social transitioning or provide or promote medication or surgery as provided in K.S.A. 2025 Supp. 65-28,139, and amendments thereto, as a treatment for a child whose perceived gender or perceived sex is inconsistent with such child's sex.
History: L. 2025, ch. 1, § 2; February 20.
§§ 65-28,139 Prohibited surgical procedures and medications; exceptions
(a) Except as provided in subsection (c) or (d), a healthcare provider shall not knowingly perform the following surgical procedures or prescribe, dispense or administer the following medications to a female child for the purpose of treatment for distress arising from such female child's perception that such child's gender or sex is not female:
(1) Surgical procedures, including, but not limited to, a vaginectomy, hysterectomy, oophorectomy, ovariectomy, reconstruction of the urethra, metoidioplasty, phalloplasty, scrotoplasty, implantation of erection or testicular protheses, subcutaneous mastectomy, voice surgery, liposuction, lipofilling or pectoral implants;
(2) supraphysiologic doses of testosterone or other androgens; or
(3) puberty blockers such as GnRH agonists or other synthetic drugs that suppress the production of estrogen and progesterone to delay or suppress pubertal development in female children.
(b) Except as provided in subsection (c) or (d), a healthcare provider shall not knowingly perform the following surgical procedures or prescribe, dispense or administer the following medications to a male child for the purpose of treatment for distress arising from such male child's perception that such child's gender or sex is not male:
(1) Surgical procedures, including, but not limited to, a penectomy, orchiectomy, vaginoplasty, clitoroplasty, vulvoplasty, augmentation mammoplasty, facial feminization surgery, liposuction, lipofilling, voice surgery, thyroid cartilage reduction or gluteal augmentation;
(2) supraphysiologic doses of estrogen; or
(3) puberty blockers such as GnRH agonists or other synthetic drugs that suppress the production of testosterone or delay or suppress pubertal development in male children.
(c) The treatments prohibited by subsections (a) and (b) shall not apply to treatment provided for other purposes, including:
(1) Treatment for individuals born with a medically verifiable disorder of sex development, including:
(A) An individual born with external biological sex characteristics that are irresolvably ambiguous, including an individual born with 46 XX chromosomes with virilization, 46 XY chromosomes with under virilization or having both ovarian and testicular tissue; or
(B) an individual whom a physician has otherwise diagnosed with a disorder of sexual development that the physician has determined through genetic or biochemical testing that such individual does not have normal sex chromosome structure, sex steroid hormone production or sex steroid hormone action for a male or female; and
(2) treatment of any infection, injury, disease or disorder that has been caused or exacerbated by the performance of a procedure listed in subsections (a) or (b).
(d) If a healthcare provider has initiated a course of treatment for a child that includes prescribing, administering or dispensing of a drug prohibited by subsection (a)(2), (a)(3), (b)(2) or (b)(3) prior to the effective date of this act, the healthcare provider may continue such course of treatment if the healthcare provider:
(1) Develops a plan to systematically reduce the child's use of such drug;
(2) determines and documents in the child's medical record that immediately terminating the child's use of such drug would cause harm to the child; and
(3) such course of treatment shall not extend beyond December 31, 2025.
History: L. 2025, ch. 1, § 3; February 20.
§§ 65-28,140 Violations of act; strict liability for certain treatments by a healthcare provider; private cause of action
(a) If a healthcare provider violates the provisions of K.S.A. 2025 Supp. 65-28,139, and amendments thereto:
(1) The healthcare provider has engaged in unprofessional conduct and, notwithstanding any provision of law to the contrary, the license of such healthcare provider shall be revoked by the appropriate licensing entity or disciplinary review board with competent jurisdiction in this state.
(b) A healthcare provider who provides treatment to a child in violation of K.S.A. 2025 Supp. 65-28,139(a) or (b), and amendments thereto, shall be held strictly liable to such child if the treatment or effects of such treatment results in any physical, psychological, emotional or physiological harms to such child in the next 10 years from the date that the individual turns 18 years of age. A prevailing plaintiff may recover actual and punitive damages, injunctive relief, the cost of the suit and reasonable attorney fees.
(c) The parents of a child who has experienced violation of K.S.A. 2025 Supp. 65-28,139(a) or (b), and amendments thereto, shall have a private cause of action against a healthcare provider for actual and punitive damages, injunctive relief, the cost of the suit and reasonable attorney fees.
(d) (1) An individual who was provided treatment as a child in violation of K.S.A. 2025 Supp. 65-28,139(a) or (b), and amendments thereto, shall have a private cause of action against the healthcare provider who provided such treatment for actual damages, punitive damages, injunctive relief, the cost of the suit and reasonable attorney fees.
(2) An action against a healthcare provider pursuant to this subsection shall be filed within 10 years from the date that the individual turns 18 years of age.
History: L. 2025, ch. 1, § 4; February 20.
§§ 65-28,141 Noncoverage of professional liability insurance for certain damages in certain circumstances
A professional liability insurance policy issued to a healthcare provider shall not include coverage for damages assessed against the healthcare provider who provides treatment to a child in violation of K.S.A. 2025 Supp. 65-28,139(a) or (b), and amendments thereto.
History: L. 2025, ch. 1, § 5; February 20.
§§ 65-28,142 Severability clause
If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 2025, ch. 1, § 6; February 20.
Article 28a Physician Assistants
§ 65-28a01 Physician assistant licensure act; citation
K.S.A. 65-28a01 to 65-28a12, inclusive, and amendments thereto, of this act shall be known and may be cited as the physician assistant licensure act.
History: L. 2000, ch. 162, § 1; February 1, 2001.
§ 65-28a02 Definitions
(a) The following words and phrases when used in the physician assistant licensure act shall have the meanings respectively ascribed to them in this section:
(1) "Board" means the state board of healing arts.
(2) "Direction and supervision" means the guidance, direction and coordination of activities of a physician assistant by such physician assistant's supervising physician, whether written or verbal, whether immediate or by prior arrangement, in accordance with standards established by the board by rules and regulations, which standards shall be designed to ensure adequate direction and supervision by the supervising physician of the physician assistant. The term "direction and supervision" shall not be construed to mean that the immediate or physical presence of the supervising physician is required during the performance of the physician assistant.
(3) "Physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
(4) "Physician assistant" means a person who is licensed in accordance with the provisions of K.S.A. 65-28a04, and amendments thereto, and who provides patient services under the direction and supervision of a supervising physician.
(5) "Supervising physician" means prior to January 11, 2016, a responsible physician and on and after January 11, 2016, a physician who has accepted responsibility for the medical services rendered and actions of the physician assistant while performing under the direction and supervision of the supervising physician.
(6) "Responsible physician" means a physician who has accepted continuous and ultimate responsibility for the medical services rendered and actions of the physician assistant while performing under the direction and supervision of the responsible physician.
(7) "Licensee," for purposes of the physician assistant licensure act, means all persons issued a license or temporary license pursuant to the physician assistant licensure act.
(8) "License," for purposes of the physician assistant licensure act, means any license or temporary license granted by the physician assistant licensure act.
(9) "Agreement" means, prior to January 11, 2016, protocol and on and after January 11, 2016, agreement.
(b) Prior to January 11, 2016, wherever the term "supervising physician" in connection with the term "physician assistant," or words of like effect, appears in any statute, contract or other document, it shall mean responsible physician as defined in subsection (a)(6). On and after January 11, 2016, such term shall mean supervising physician as defined in subsection (a)(5).
History: L. 2000, ch. 162, § 2; L. 2014, ch. 131, § 42; L. 2015, ch. 46, § 9; July 1.
§ 65-28a03 List of names; renewal of license; canceled licenses; inactive licenses; reinstatement of license; federally active licenses; exempt licenses; fees; rules and regulations
(a) There is hereby created a designation of active license. The board is authorized to issue an active license to a physician assistant who makes written application for such license on a form provided by the board and remits the fee for an active license established pursuant to subsection (h). As a condition of engaging in active practice as a physician assistant, each licensed physician assistant shall file a request to engage in active practice signed by the physician assistant and the physician who will be responsible for the physician assistant. The request shall contain such information as required by rules and regulations adopted by the board. The board shall maintain a list of the names of physician assistants who may engage in active practice in this state.
(b) All licenses, except temporary licenses, shall be canceled on the date of cancellation established by rules and regulations of the board and may be renewed as required by the board. The request for renewal shall be on a form provided by the board and shall be accompanied by the renewal fee established pursuant to this section, which shall be paid not later than the renewal date of the license. The board, prior to renewal of an active license, shall require the licensee to submit to the board evidence satisfactory to the board that the licensee is maintaining a policy of professional liability insurance as required by K.S.A. 40-3402, and amendments thereto, and has paid the premium surcharges as required by K.S.A. 40-3404, and amendments thereto.
(c) At least 30 days before the renewal date of the license of a physician assistant, except a temporary license, the board shall notify the licensee of the renewal date by mail addressed to the licensee's last mailing address as noted upon the office records of the board. If the licensee fails to submit the renewal application and pay the renewal fee by the renewal date of the license, the licensee shall be given notice that the licensee has failed to pay the renewal fee by the renewal date of the license and the license may be renewed only if the renewal fee and the late renewal fee are received by the board within the 30-day period following the renewal date and that, if both fees are not received within the 30-day period, the license shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the license has been reinstated under subsection (d).
(d) Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of licenses canceled for failure to renew.
(e) There is hereby created the designation of inactive license. The board is authorized to issue an inactive license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an inactive license established pursuant to subsection (h) of this section. The board may issue an inactive license only to a person who meets all the requirements for a license to practice as a physician assistant and who does not engage in active practice as a physician assistant in the state of Kansas. An inactive license shall not entitle the holder to engage in active practice. The provisions of subsections (c) and (d) of this section relating to cancellation, renewal and reinstatement of a license shall be applicable to an inactive license issued under this subsection. Each inactive licensee may apply to engage in active practice by presenting a request required by subsection (a) and submit to the board evidence satisfactory to the board that such licensee is maintaining a policy of professional liability insurance as required by K.S.A. 40-3402, and amendments thereto, and has paid the premium surcharges as required by K.S.A. 40-3404, and amendments thereto. The request shall contain such information as required by rules and regulations adopted by the board. The request shall be accompanied by the fee established pursuant to subsection (h).
(f) (1) There is hereby created a designation of federally active license. The board is authorized to issue a federally active license to any licensed physician assistant who makes written application for such license on a form provided by the board and remits the same fee required for a federally active license established under subsection (h). The board may issue a federally active license only to a person who meets all of the requirements for a license to practice as a physician assistant in Kansas and who practices as a physician assistant solely in the course of employment or active duty in the United States government or any of its departments, bureaus or agencies. A person issued a federally active license may engage in limited practice outside of the course of federal employment consistent with the scope of practice of exempt licensees under subsection (g), except that the scope of practice of a federally active licensee shall be limited to the following: (A) Performing administrative functions, including peer review, disability determinations, utilization review and expert opinions; (B) providing direct patient care services gratuitously or providing supervision, direction or consultation for no compensation except that nothing in this subsection (f)(1)(B) shall prohibit a physician assistant issued a federally active license from receiving payment for subsistence allowances or actual and necessary expenses incurred in providing such services; and (C) rendering professional services as a charitable health care provider as defined in K.S.A. 75-6102, and amendments thereto.
(2) The provisions of subsections (c) and (d) of this section relating to continuing education, cancellation, renewal and reinstatement of a license shall be applicable to a federally active license issued under this subsection.
(3) A person who practices under a federally active license shall not be deemed to be rendering professional service as a health care provider in this state for purposes of K.S.A. 40-3402, and amendments thereto.
(g) (1) There is hereby created a designation of exempt license. The board is authorized to issue an exempt license to any licensed physician assistant who makes written application for such license on a form provided by the board and remits the fee for an exempt license established under subsection (h). The board may issue an exempt license to a person who is not regularly engaged in physician assistant practice in Kansas and who does not hold oneself out to the public as being professionally engaged in such practice. An exempt license shall entitle the holder to all privileges of a physician assistant for which such license is issued. Each exempt license may be renewed subject to the provisions of this section. Each exempt licensee shall be subject to all provisions of the physician assistant licensure act, except as otherwise provided in this subsection (g). The holder of an exempt license may be required to submit evidence of satisfactory completion of a program of continuing education required by this section. The requirements for continuing education for exempt licensees under this section shall be established by rules and regulations adopted by the board. Each exempt licensee may apply for an active license to regularly engage in the practice of a physician assistant upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the active license fee established pursuant to subsection (h).
(2) For the licensee whose license has been exempt for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for exempt licensees to become licensed to regularly practice as a physician assistant within Kansas. Any licensee whose license has been exempt for more than two years and who has not been in the active practice as a physician assistant or engaged in a formal educational program since the license has been exempt may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(3) Nothing in this subsection (g) shall be construed to prohibit a person holding an exempt license from serving as a paid employee of: (A) A local health department as defined by K.S.A. 65-241, and amendments thereto; or (B) an indigent health care clinic as defined by K.S.A. 75-6102, and amendments thereto.
(h) The following fees shall be fixed by rules and regulations adopted by the state board of healing arts and shall be collected by the board:
(1) For an active license as a physician assistant, the sum of not more than $200;
(2) for any license by endorsement as a physician assistant, the sum of not more than $200;
(3) for temporary licensure as a physician assistant, the sum of not more than $30;
(4) for the renewal of an active license to practice as a physician assistant, the sum of not more than $150;
(5) for renewal of an inactive license, the sum of not more than $150;
(6) for the late renewal of any license as a physician assistant, the sum of not more than $250;
(7) for reinstatement of a license canceled for failure to renew, the sum of not more than $250;
(8) for a certified statement from the board that a physician assistant is licensed in this state, the sum of not more than $30;
(9) for a federally active license, the sum of not more than $200;
(10) for the exempt license, the sum of not more than $150;
(11) for a copy of the licensure certificate of a physician assistant, the sum of not more than $25; and
(12) for conversion of an inactive license to an active license to actively practice as a physician assistant, the sum of not more than $150.
(i) The board shall remit all moneys received by or for the board under the provisions of this act to the state treasurer and such money shall be deposited in the state treasury, credited to the state general fund and the healing arts fee fund and expended all in accordance with K.S.A. 65-2855, and amendments thereto.
(j) The board may promulgate all necessary rules and regulations for carrying out the provisions of this act.
History: L. 2000, ch. 162, § 3; L. 2004, ch. 117, § 17; L. 2014, ch. 131, § 43; L. 2015, ch. 46, § 10; July 1.
§ 65-28a04 Licensure as a physician assistant, requirements; refusal to license; continuing education; registration to licensure transition
(a) No person shall be licensed as a physician assistant by the state board of healing arts unless such person has:
(1) Presented to the state board of healing arts proof that the applicant has successfully completed a course of education and training approved by the state board of healing arts for the education and training of a physician assistant or presented to the state board of healing arts proof that the applicant has acquired experience while serving in the armed forces of the United States which experience is equivalent to the minimum experience requirements established by the state board of healing arts;
(2) passed an examination approved by the state board of healing arts covering subjects incident to the education and training of a physician assistant; and
(3) submitted to the state board of healing arts any other information the state board of healing arts deems necessary to evaluate the applicant's qualifications.
(b) The board may refuse to license a person as a physician assistant upon any of the grounds for which the board may revoke such license.
(c) The state board of healing arts shall require every physician assistant to submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the state board of healing arts. The state board of healing arts by duly adopted rules and regulations shall establish the requirements for such program of continuing education as soon as possible after the effective date of this act. In establishing such requirements the state board of healing arts shall consider any existing programs of continuing education currently being offered to physician assistants.
(d) A person registered to practice as a physician assistant immediately prior to the effective date of this act shall be deemed to be licensed to practice as a physician assistant under this act, and such person shall not be required to file an original application for licensure under this act. Any application for registration filed which has not been granted prior to February 1, 2001, shall be processed as an application for licensure under this act.
History: L. 2000, ch. 162, § 4; February 1, 2001.
§ 65-28a05 Revocation, suspension, limitation, censure or denial of license, grounds
A licensee's license may be revoked, suspended or limited, or the licensee may be publicly or privately censured, or an application for a license or for reinstatement of a license may be denied upon a finding of the existence of any of the following grounds:
(a) The licensee has committed an act of unprofessional conduct as defined by rules and regulations adopted by the board;
(b) the licensee has obtained a license by means of fraud, misrepresentations or concealment of material facts;
(c) the licensee has committed an act of professional incompetency as defined by rules and regulations adopted by the board;
(d) the licensee has been convicted of a felony;
(e) the licensee has violated any provision of this act, and amendments thereto;
(f) the licensee has violated any lawful order or rule and regulation of the board;
(g) the licensee has been found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or is incompetent to stand trial by a court of competent jurisdiction;
(h) the licensee has violated a federal law or regulation relating to controlled substances;
(i) the licensee has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a peer review body, a health care facility, a professional association or society, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(j) the licensee has surrendered a license or authorization to practice as a physician assistant in another state or jurisdiction, has surrendered the authority to utilize controlled substances issued by any state or federal agency, has agreed to a limitation to or restriction of privileges at any medical care facility or has surrendered the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(k) the licensee has failed to report to the board the surrender of the licensee's license or authorization to practice as a physician assistant in another state or jurisdiction or the surrender of the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(l) the licensee has an adverse judgment, award or settlement against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(m) the licensee has failed to report to the board any adverse judgment, settlement or award against the licensee resulting from a medical malpractice liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(n) the licensee's ability to practice with reasonable skill and safety to patients is impaired by reason of physical or mental illness, or condition or use of alcohol, drugs or controlled substances. All information, reports, findings and other records relating to impairment shall be confidential and not subject to discovery by or release to any person or entity outside of a board proceeding;
(o) the licensee has exceeded or has acted outside the scope of authority given the physician assistant by the supervising physician or by this act; or
(p) the licensee has assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto, as established by any of the following:
(1) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto.
(2) A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto.
(3) A copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.
History: L. 2000, ch. 162, § 5; L. 2011, ch. 30, § 244; L. 2014, ch. 131, § 44; July 1, 2015.
§ 65-28a06 Prohibited acts; act not to include certain persons; penalty for violations
(a) It shall be unlawful for any person who is not licensed under this act or whose license has been revoked or suspended to engage in the practice as a physician assistant as defined by this act.
(b) No person shall use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a licensed physician assistant, nor shall any person represent oneself to be a licensed physician assistant unless such person has been duly licensed as a physician assistant in accordance with the provisions of this act.
(c) The provisions of this act shall not be construed to include the following persons:
(1) Persons rendering gratuitous services in the case of an emergency.
(2) Persons gratuitously administering ordinary household remedies.
(3) Individuals practicing religious beliefs which provide for reliance on spiritual means alone for healing.
(4) Students while performing professional services in an approved physician assistant education and training program under the supervision of an approved instructor.
(5) Persons whose professional services are performed under the direct and personal supervision or by order of a practitioner who is licensed under the healing arts act.
(6) Other health care providers licensed, registered, certified or otherwise credentialed by agencies of the state of Kansas.
(7) Persons who practice as physician assistants solely in the course of employment or active duty in the United States government or any of its departments, bureaus or agencies.
(d) Any person violating the provisions of this section shall be guilty of a class B misdemeanor.
History: L. 2000, ch. 162, § 6; L. 2014, ch. 131, § 45; July 1, 2015.
§ 65-28a07 Temporary licensure; period of validity
(a) The board shall provide for the temporary licensure of any physician assistant who has made proper application for licensure, has the required qualifications for licensure, except for examination, and has paid the prescribed license fee. Such temporary license shall authorize the person so licensed to provide patient services within the limits of the temporary license.
(b) A temporary license is valid: (1) For six months from the date of issuance; or (2) until the board makes a final determination on the applicant's request for licensure. The board may extend a temporary license, upon a majority vote of the members of the board, for a period not to exceed one year.
History: L. 2000, ch. 162, § 7; L. 2014, ch. 131, § 46; July 1, 2015.
§ 65-28a08 Practice of physician assistant; direction and supervision of physician; prescription of drugs; identification to patient of physician assistant; rules and regulations; "drug" defined
(a) The practice of a physician assistant shall include medical services within the education, training and experience of the physician assistant that are delegated by the supervising physician. Physician assistants practice in a dependent role with a supervising physician, and may perform those duties and responsibilities through delegated authority or written agreement. Medical services rendered by physician assistants may be performed in any setting authorized by the supervising physician, including, but not limited to, clinics, hospitals, ambulatory surgical centers, patient homes, nursing homes and other medical institutions.
(b) (1) A person licensed as a physician assistant may perform, only under the direction and supervision of a physician, acts which constitute the practice of medicine and surgery to the extent and in the manner authorized by the physician responsible for the physician assistant and only to the extent such acts are consistent with rules and regulations adopted by the board which relate to acts performed by a physician assistant under the supervising physician's direction and supervision. A physician assistant may prescribe drugs pursuant to a written agreement as authorized by the supervising physician.
(2) On and after January 11, 2016, a physician assistant, when authorized by a supervising physician, may dispense prescription-only drugs:
(A) In accordance with rules and regulations adopted by the board governing prescription-only drugs;
(B) when dispensing such prescription-only drugs is in the best interests of the patient and pharmacy services are not readily available; and
(C) if such prescription-only drugs do not exceed the quantity necessary for a 72-hour supply.
(c) Before a physician assistant shall perform under the direction and supervision of a supervising physician, such physician assistant shall be identified to the patient and others involved in providing the patient services as a physician assistant to the supervising physician. Physician assistants licensed under the provisions of this act shall keep such person's license available for inspection at their primary place of business. A physician assistant may not perform any act or procedure performed in the practice of optometry except as provided in K.S.A. 65-1508 and 65-2887, and amendments thereto.
(d) (1) The board shall adopt rules and regulations to be effective January 11, 2016, governing the practice of physician assistants, including the delegation, direction and supervision responsibilities of a supervising physician. Such rules and regulations shall establish conditions and limitations as the board determines to be necessary to protect the public health and safety, and may include a limit upon the number of physician assistants that a supervising physician is able to safely and properly supervise. In developing rules and regulations relating to the practice of physician assistants, the board shall take into consideration the amount of training and capabilities of physician assistants, the different practice settings in which physician assistants and supervising physicians practice, the needs of the geographic area of the state in which the physician assistant and the supervising physician practice and the differing degrees of direction and supervision by a supervising physician appropriate for such settings and areas.
(2) The board shall adopt rules and regulations governing the prescribing of drugs by physician assistants and the responsibilities of the supervising physician with respect thereto. Such rules and regulations shall establish such conditions and limitations as the board determines to be necessary to protect the public health and safety. In developing rules and regulations relating to the prescribing of drugs by physician assistants, the board shall take into consideration the amount of training and capabilities of physician assistants, the different practice settings in which physician assistants and supervising physicians practice, the degree of direction and supervision to be provided by a supervising physician and the needs of the geographic area of the state in which the supervising physician's physician assistant and the supervising physician practice. In all cases in which a physician assistant is authorized to prescribe drugs by a supervising physician, a written agreement between the supervising physician and the physician assistant containing the essential terms of such authorization shall be in effect. Any written prescription order shall include the name, address and telephone number of the supervising physician. In no case shall the scope of the authority of the physician assistant to prescribe drugs exceed the normal and customary practice of the supervising physician in the prescribing of drugs.
(e) The physician assistant may request, receive and sign for professional samples and may distribute professional samples to patients pursuant to a written agreement as authorized by the supervising physician. In order to prescribe or dispense controlled substances, the physician assistant shall register with the federal drug enforcement administration.
(f) As used in this section, "drug" means those articles and substances defined as drugs in K.S.A. 65-1626 and 65-4101, and amendments thereto.
(g) Prior to January 11, 2016, the board shall limit the number of physician assistants a responsible physician may supervise at any one time to the equivalent of two full-time physician assistants as approved in each case by the board. Any limitation on the number of physician assistants in this subsection shall not apply to services performed in a medical care facility, as defined in K.S.A. 65-425, and amendments thereto. The provisions of this subsection shall expire on January 11, 2016.
History: L. 2000, ch. 162, § 8; L. 2014, ch. 131, § 47; L. 2015, ch. 46, § 11; July 1.
§ 65-28a09 Supervising physician; notice to board when supervision and direction terminated; forms
(a) If a supervising physician temporarily leaves such physician's customary location of practice, the supervising physician shall, by prior arrangement, name another supervising physician who shall provide direction and supervision to the physician assistant.
(b) A physician assistant shall not perform professional services unless the name, address and signature of each supervising physician and the form required under subsection (a)(2) of K.S.A. 65-28a03, and amendments thereto, have been provided to the board. A supervising physician and physician assistant shall notify the board when supervision and direction of the physician assistant has terminated. The board shall provide forms for identifying each supervising physician and for giving notice that direction and supervision has terminated. These forms may direct that additional information be provided, including a copy of any written agreements, as required by rules and regulations adopted by the board.
History: L. 2000, ch. 162, § 9; L. 2014, ch. 131, § 48; July 1, 2015.
§ 65-28a10 Repealed
History: L. 2000, ch. 162, § 10; L. 2004, ch. 117, § 7; Repealed, L. 2014, ch. 131, § 65; July 1, 2015.
§ 65-28a11 Physician assistant council established; appointment of members; payment for attending meetings of council
(a) There is established a physician assistant council to advise the board in carrying out the provisions of K.S.A. 65-28a01 through 65-28a09, and amendments thereto. The council shall consist of five members, all citizens and residents of the state of Kansas appointed as follows: One member shall be a physician appointed by the board who is a supervising physician for a physician assistant; one member shall be the president of the board or a person designated by the president; and three members shall be licensed physician assistants appointed by the governor. The governor, insofar as possible, shall appoint persons from different geographical areas and persons who represent various types of practice settings. 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, if any. The Kansas academy of physician assistants shall recommend the names of licensed physician assistants to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list. Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed and qualified except that of the members first appointed by the governor on or after the effective date of this act one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years, as designated by the governor. The member appointed by the board shall serve at the pleasure of the board. A member designated by the president of the board shall serve at the pleasure of the president.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto, from the healing arts fee fund.
History: L. 2000, ch. 162, § 11; L. 2014, ch. 131, § 49; July 1, 2015.
§ 65-28a12 Administrative proceedings; actions to enjoin violations
(a) All administrative proceedings to revoke, suspend, limit or deny a license, or to censure a licensee, shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) When it appears to the board that any person is violating any of the provisions of this act, the board may bring an action in the name of the state of Kansas 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. 2000, ch. 162, § 12; February 1, 2001.
§ 65-28a13 Physician assistant ownership limitations in professional corporations
(a) The state board of healing arts shall adopt rules and regulations to limit the percentage of ownership when a licensed physician assistant forms a professional corporation pursuant to K.S.A. 17-2706 et seq., and amendments thereto, in combination with other professional services.
(b) This section shall be part of and supplemental to the physician assistant licensure act.
History: L. 2004, ch. 143, § 105; January 1, 2005.
§ 65-28a14 Criminal and civil penalties for violations of act
(a) Any violation of the provisions of the physician assistant licensure act shall constitute a class B misdemeanor.
(b) When it appears to the board that any person is violating any of the provisions of the physician assistant licensure 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 to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
(c) The board, in addition to any other penalty prescribed under the physician assistant licensure act, may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for a violation of the physician assistant licensure act in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
(d) Costs assessed by the board pursuant to subsection (c) shall be considered costs in an administrative matter pursuant to 11 U.S.C. § 523. If the board is the unsuccessful party, the costs shall be paid from the healing arts fee fund.
(e) This section shall be part of and supplemental to the physician assistant licensure act.
(f) This section shall take effect on and after July 1, 2015.
History: L. 2014, ch. 131, § 56; May 22.
§ 65-28a15 Changes in licensee's address; penalties; costs
(a) It shall be the duty of each licensee to notify the board in writing within 30 days of any changes in the licensee's home mailing address or primary practice mailing address.
(b) In addition to any other penalty prescribed under the physician assistant licensure act, the board may assess a civil fine for a violation of subsection (a) in an amount not to exceed $100 for a first violation and $150 for each subsequent violation.
(c) Costs assessed by the board pursuant to subsection (b), shall be considered costs in an administrative matter pursuant to 11 U.S.C. § 523. If the board is an unsuccessful party, the costs shall be paid from the healing arts fee fund.
(d) This section shall be part of and supplemental to the physician assistant licensure act.
(e) This section shall take effect on and after July 1, 2015.
History: L. 2014, ch. 131, § 57; May 22.
§ 65-28a16 License by endorsement
(a) There is hereby created a license by endorsement. The board is authorized to issue a license by endorsement without examination to a person who has been in active practice as a physician assistant in some other state, territory, District of Columbia or other country upon certificate of 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 had other disciplinary action taken and that, so far as the records of such authority are concerned, the applicant is entitled to its 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 by 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 and all endorsed licenses, and the date and place from which any license was attained;
(4) that the applicant has been actively engaged in practice under such license or licenses since issuance. The board may adopt rules and regulations establishing appropriate qualitative and quantitative practice activities to qualify as active practice; and
(5) that the applicant has a reasonable ability to communicate in English.
(b) An applicant for a license by endorsement shall not be licensed unless, as determined by the board, the applicant's qualifications are substantially equivalent to Kansas requirements. In lieu of any other requirement prescribed by law for satisfactory passage of any examination for physician assistants, the board may accept evidence demonstrating that the applicant or licensee has satisfactorily passed an equivalent examination given by a national board of examiners for physician assistants.
(c) This section shall be part of and supplemental to the physician assistant licensure act.
(d) This section shall take effect on and after July 1, 2015.
History: L. 2014, ch. 131, § 58; May 22.
§ 65-28a17 Physician assistant PA licensure compact; facilitating interstate practice of physician assistants
SECTION 1—PURPOSE
In order to strengthen access to medical services and in recognition of the advances in the delivery of medical services, the participating states of the PA licensure compact have allied in common purpose to develop a comprehensive process that complements the existing authority of state licensing boards to license and discipline PAs and seeks to enhance the portability of a license to practice as a PA while safeguarding the safety of patients. This compact allows medical services to be provided by PAs, via the mutual recognition of the licensee's qualifying license by other compact-participating states. This compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of medical services by the PA occurs where the patient is located at the time of the patient encounter and, therefore, requires the PA to be under the jurisdiction of the state licensing board where the patient is located. State licensing boards that participate in this compact retain the jurisdiction to impose adverse action against a compact privilege in that state issued to a PA through the procedures of this compact. The PA licensure compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.
SECTION 2—DEFINITIONS
As used in this compact:
(a) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against a PA license, application for licensure or compact privilege such as license denial, censure, revocation, suspension, probation, monitoring of the licensee or restriction on the licensee's practice.
(b) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another participating state to practice as a PA to provide medical services and other licensed activity to a patient located in the remote state under the remote state's laws and regulations.
(c) "Conviction" means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a guilty plea or no contest to the charge by the offender.
(d) "Criminal background check" means the submission of fingerprints or other biometric-based information for an applicant for licensure for the purpose of obtaining that applicant's criminal history record information, as defined in 28 C.F.R. § 20.3(d), from the state's criminal history record repository as defined in 28 C.F.R. § 20.3(f).
(e) "Data system" means the repository of information concerning licensees, including, but not limited to, license status and adverse actions, that is created and administered under the terms of this compact.
(f) "Executive committee" means a group of directors and ex officio individuals elected or appointed pursuant to section 7(f)(2).
(g) "Impaired practitioner" means a PA whose practice is adversely affected by a health-related condition that impacts such PA's ability to practice.
(h) "Investigative information" means information, records or documents received or generated by a licensing board pursuant to an investigation.
(i) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of a PA in a state.
(j) "License" means current authorization by a state, other than authorization pursuant to a compact privilege, for a PA to provide medical services that would be unlawful without current authorization.
(k) "Licensee" means an individual who holds a license from a state to provide medical services as a PA.
(l) "Licensing board" means any state entity authorized to license and otherwise regulate PAs.
(m) "Medical services" means healthcare services provided for the diagnosis, prevention, treatment, cure or relief of a health condition, injury or disease, as defined by a state's laws and regulations.
(n) "Model compact" means the model for the PA licensure compact on file with the council of state governments or other entity as designated by the commission.
(o) "PA" means an individual who is licensed as a physician assistant in a state. For purposes of this compact, any other title or status adopted by a state to replace the term "physician assistant" shall be deemed synonymous with "physician assistant" and shall confer the same rights and responsibilities to the licensee under the provisions of this compact at the time of its enactment.
(p) "PA licensure compact commission," "compact commission" or "commission" means the national administrative body created pursuant to section 7(a).
(q) "Participating state" means a state that has enacted this compact.
(r) "Qualifying license" means an unrestricted license issued by a participating state to provide medical services as a PA.
(s) "Remote state" means a participating state where a licensee who is not licensed as a PA is exercising or seeking to exercise the compact privilege.
(t) "Rule" means any rule or regulation adopted by an entity that has the force and effect of law.
(u) "Significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.
(v) "State" means any state, commonwealth, district or territory of the United States.
SECTION 3—STATE PARTICIPATION IN THIS COMPACT
(a) To participate in this compact, a participating state shall:
(1) License PAs;
(2) participate in the compact commission's data system;
(3) have a mechanism in place for receiving and investigating complaints against licensees and applicants for licensure;
(4) notify the commission, in compliance with the terms of this compact and commission rules, of any adverse action against a licensee or applicant for licensure and the existence of significant investigative information regarding a licensee or applicant for licensure;
(5) fully implement a criminal background check requirement, within a time frame established by commission rule, by its licensing board receiving the results of a criminal background check and reporting to the commission whether the applicant for licensure has been granted a license;
(6) comply with the rules of the compact commission;
(7) utilize passage of a recognized national examination such as the NCCPA PANCE as a requirement for PA licensure; and
(8) grant the compact privilege to a holder of a qualifying license in a participating state.
(b) Nothing in this compact shall be construed to prohibit a participating state from charging a fee for granting the compact privilege.
SECTION 4—COMPACT PRIVILEGE
(a) To exercise the compact privilege, a licensee shall:
(1) Have graduated from a PA program accredited by the accreditation review commission on education for the physician assistant, inc., or other programs authorized by commission rule;
(2) hold current NCCPA certification;
(3) have no felony or misdemeanor convictions;
(4) have never had a controlled substance license, permit or registration suspended or revoked by a state or by the United States drug enforcement administration;
(5) have a unique identifier as determined by commission rule;
(6) hold a qualifying license;
(7) have had no revocation of a license or limitation or restriction on any license currently held due to an adverse action;
(A) if a licensee has had a limitation or restriction on a license or compact privilege due to an adverse action, two years shall have elapsed from the date on which the license or compact privilege is no longer limited or restricted due to the adverse action;
(B) if a compact privilege has been revoked or is limited or restricted in a participating state for conduct that would not be a basis for disciplinary action in a participating state in which the licensee is practicing or applying to practice under a compact privilege, that participating state shall have the discretion not to consider such action as an adverse action requiring the denial or removal of a compact privilege in that state;
(8) notify the compact commission that the licensee is seeking the compact privilege in a remote state;
(9) meet any jurisprudence requirement of a remote state in which the licensee is seeking to practice under the compact privilege and pay any fees applicable to satisfying the jurisprudence requirement; and
(10) report to the commission any adverse action taken by a nonparticipating state within 30 days after such adverse action is taken.
(b) The compact privilege shall be valid until the expiration or revocation of the qualifying license unless terminated pursuant to an adverse action. The licensee shall comply with the requirements of subsection (a) to maintain the compact privilege in a remote state. If the participating state takes adverse action against a qualifying license, the licensee shall lose the compact privilege in any remote state in which the licensee has a compact privilege until the licensee meets the following conditions:
(1) The license is no longer limited or restricted; and
(2) two years have elapsed from the date on which the license is no longer limited or restricted due to the adverse action.
(c) Once a restricted or limited license satisfies the requirements of subsection (b), the licensee shall meet the requirements of subsection (a) to obtain a compact privilege in any remote state.
(d) For each remote state in which a PA seeks authority to prescribe controlled substances, the PA shall satisfy all the requirements imposed by such state in granting or renewing such authority.
SECTION 5—DESIGNATION OF THE STATE FROM WHICH
THE LICENSEE IS APPLYING FOR A COMPACT PRIVILEGE
Upon a licensee's application for a compact privilege, the licensee shall identify to the commission the participating state from which the licensee is applying, in accordance with applicable rules adopted by the commission and subject to the following requirements:
(a) When applying for a compact privilege, the licensee shall provide the commission with the address of the licensee's primary residence and, thereafter, shall immediately report to the commission any change in the address of the licensee's primary residence; and
(b) when applying for a compact privilege, the licensee is required to consent to accept service of process by mail at the licensee's primary residence on file with the commission with respect to any action brought against the licensee by the commission or a participating state, including a subpoena, with respect to any action brought or investigation conducted by the commission or a participating state.
SECTION 6—ADVERSE ACTIONS
(a) A participating state in which a licensee is licensed shall have exclusive power to impose adverse action against the qualifying license issued by that participating state.
(b) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) Take adverse action against a PA's compact privilege within that state to remove a licensee's compact privilege or take other action necessary under applicable law to protect the health and safety of its citizens; and
(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a participating state for the attendance and testimony of witnesses or the production of evidence from another participating state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of such court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence is located.
(c) Notwithstanding subsection (b)(2), subpoenas shall not be issued by a participating state to gather evidence of conduct in another state that is lawful in such other state for the purpose of taking adverse action against a licensee's compact privilege or application for a compact privilege in the participating state.
(d) Nothing in this compact shall be deemed to authorize a participating state to impose discipline against a PA's compact privilege or to deny an application for a compact privilege in that participating state for the individual's otherwise lawful practice in another state.
(e) For purposes of taking adverse action, the participating state that issued the qualifying license shall give the same priority and effect to reported conduct received from any other participating state as it would if the conduct had occurred within the participating state that issued the qualifying license. The participating state shall apply its own state laws to determine appropriate action.
(f) A participating state, if otherwise permitted by state law, may recover from the affected PA the costs of investigations and disposition of cases resulting from any adverse action taken against that PA.
(g) A participating state may take adverse action based on the factual findings of a remote state if the participating state follows its own procedures for taking the adverse action.
(h) Joint investigations.
(1) In addition to the authority granted to a participating state by such state's PA laws and regulations or other applicable state law, any participating state may participate with other participating states in joint investigations of licensees.
(2) Participating states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under this compact.
(i) If an adverse action is taken against a PA's qualifying license, the PA's compact privilege in all remote states shall be deactivated until two years have elapsed after all restrictions have been removed from the state license. All disciplinary orders by the participating state that issued the qualifying license that impose adverse action against a PA's license shall include a statement that the PA's compact privilege is deactivated in all participating states during the pendency of the order.
(j) If any participating state takes adverse action, it promptly shall notify the administrator of the data system.
SECTION 7—ESTABLISHMENT OF THE PA LICENSURE
COMPACT COMMISSION
(a) The participating states hereby create and establish a joint government agency and national administrative body known as the PA licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in section 11(a).
(b) Membership, voting and meetings.
(1) Each participating state shall have and be limited to one delegate selected by such participating state's licensing board or, if such participating state has more than one licensing board, selected collectively by the participating state's licensing boards.
(2) A delegate shall be either:
(A) A current PA, physician or public member of a licensing board or PA council or committee; or
(B) an administrator of a licensing board.
(3) Any delegate may be removed or suspended from office as provided by the laws of the state from which the delegate is appointed.
(4) The participating state licensing board shall fill any vacancy occurring in the commission within 60 days.
(5) Each delegate shall be entitled to one vote on all matters voted on by the commission and shall otherwise have an opportunity to participate in the commission's business and affairs. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications, video conference or other means of communication.
(6) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in this compact and the bylaws.
(7) The commission shall establish by rule a term of office for delegates.
(c) The commission shall have the following powers and duties:
(1) Establish a code of ethics for the commission;
(2) establish the fiscal year of the commission;
(3) establish fees;
(4) establish bylaws;
(5) maintain its financial records in accordance with the bylaws;
(6) meet and take such actions as are consistent with the provisions of this compact and the bylaws;
(7) adopt rules to facilitate and coordinate implementation and administration of this compact, and such rules shall have the force and effect of law and shall be binding in all participating states;
(8) bring and prosecute legal proceedings or actions in the name of the commission, except that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;
(9) purchase and maintain insurance and bonds;
(10) borrow, accept or contract for services of personnel, including, but not limited to, employees of a participating state;
(11) hire employees and engage contractors, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(12) accept any and all appropriate donations and grants of money, equipment, supplies, materials and services and receive, utilize and dispose of the same. At all times the commission shall avoid any appearance of impropriety or conflict of interest;
(13) lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, improve or use any property real, personal or mixed. In performing these actions, the commission shall avoid the appearance of impropriety at all times;
(14) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(15) establish a budget and make expenditures;
(16) borrow money;
(17) appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be designated in this compact and the bylaws;
(18) provide and receive information from, and cooperate with, law enforcement agencies;
(19) elect a chairperson, vice chairperson, secretary and treasurer and such other officers of the commission as provided in the commission's bylaws;
(20) reserve for itself, in addition to those reserved exclusively to the commission under the compact, powers that the executive committee shall not exercise;
(21) approve or disapprove a state's participation in the compact based upon its determination as to whether the state's compact legislation materially departs from the model compact language;
(22) prepare and provide to the participating states an annual report; and
(23) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact, consistent with the state regulation of PA licensure and practice.
(d) Meetings of the commission.
(1) All meetings of the commission that are not closed pursuant to this subsection shall be open to the public. Notice of public meetings shall be posted on the commission's website at least 30 days prior to the public meeting.
(2) Notwithstanding subsection (d)(1), the commission may convene a public meeting by providing at least 24 hours' prior notice on the commission's website and any other means as provided in the commission's rules for any of the reasons it may dispense, with notice of proposed rulemaking under section 9(l).
(3) The commission may convene in a closed, nonpublic meeting or nonpublic part of a public meeting to receive legal advice or to discuss:
(A) Noncompliance of a participating state with its obligations under this compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) any current, threatened or reasonably anticipated litigation;
(D) the negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(E) the accusation of any individual of a crime or the formal censure any individual;
(F) the disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) the disclosure of information of a personal nature, if disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) the disclosure of investigative records compiled for law enforcement purposes;
(I) the disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with the responsibility of investigation or determination of compliance issues pursuant to this compact;
(J) legal advice; or
(K) any matters specifically exempted from disclosure by federal or a participating state's statutes.
(4) If a meeting, or portion of a meeting, is closed pursuant to subsection (d)(3), the chairperson of the meeting or the chairperson's designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision.
(5) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(e) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each participating state and may impose compact privilege fees on licensees of participating states to which a compact privilege is granted to cover the cost of the operations and activities of the commission and its staff. Such assessment shall be in a total amount sufficient to cover the commission's annual budget as approved by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on participating states shall be allocated based upon a formula to be determined by commission rule. Compact privileges and such compact privilege's associated fees shall be governed as follows:
(A) A compact privilege expires when the licensee's qualifying license in the participating state from which the licensee applied for the compact privilege expires; and
(B) if the licensee terminates the qualifying license through which the licensee applied for the compact privilege before its scheduled expiration and the licensee has a qualifying license in another participating state, the licensee shall inform the commission that it is changing to that participating state through which it applies for a compact privilege to that participating state and pay to the commission any compact privilege fee required by commission rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet such obligations, nor shall the commission pledge the credit of any of the participating states, except by and with the authority of the participating state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(f) The executive committee.
(1) The executive committee shall have to power to act on behalf of the commission according to the terms of this compact and commission rules.
(2) The executive committee shall be composed of nine members described as follows:
(A) Seven voting members who are elected by the commission from the current membership of the commission;
(B) (i) (a) one ex officio, nonvoting member from a recognized national PA professional association; and
(b) one ex officio, nonvoting member from a recognized national PA certification organization.
(ii) The ex officio members shall be selected by their respective organizations.
(3) The commission may remove any member of the executive committee as provided in its bylaws.
(4) The executive committee shall meet at least annually.
(5) The executive committee shall have the following duties and responsibilities:
(A) Recommend to the commission changes to the commission's rules or bylaws, changes to this compact legislation, fees to be paid by compact-participating states such as annual dues and any commission compact fee charged to licensees for the compact privilege;
(B) ensure that compact administration services are appropriately provided, whether contractual or otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the commission;
(E) monitor compact compliance of participating states and provide compliance reports to the commission;
(F) establish additional committees as necessary;
(G) exercise the powers and duties of the commission during the interim between commission meetings, except for issuing proposed rulemaking or adopting commission rules or bylaws or exercising any other powers and duties exclusively reserved to the commission by the commission's rules; and
(H) perform other duties as provided in the commission's rules or bylaws.
(6) All meetings of the executive committee at which it votes or plans to vote on matters in exercising the powers and duties of the commission shall be open to the public and public notice of such meetings shall be given as public meetings of the commission are given.
(7) The executive committee may convene in a closed, nonpublic meeting for the same reasons that the commission may convene in a nonpublic meeting as set forth in subsection (d)(3), and shall announce the closed meeting as the commission is required to do under subsection (d)(4) and keep minutes of the closed meeting as the commission is required to do under subsection (d)(5).
(g) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred or that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. Nothing in this paragraph shall be construed to protect any such individual from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of such individual. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
(2) The commission shall defend any member, officer, executive director, employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or as determined by the commission that the individual against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities. Nothing herein shall be construed to prohibit such individual from retaining such individual's own counsel at the individual's own expense or that the actual or alleged act, error or omission did not result from the individual's intentional, willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that individual arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or that such individual had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that individual.
(4) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses in any proceedings as authorized by commission rules.
(5) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(6) Nothing in this compact shall be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence or other such civil action pertaining to the practice of a PA. All such matters shall be determined exclusively by state law other than this compact.
(7) Nothing in this compact shall be interpreted to waive or otherwise abrogate a participating state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman act, Clayton act or any other state or federal antitrust or anticompetitive law or regulation.
(8) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the participating states or by the commission.
SECTION 8—DATA SYSTEM
(a) The commission shall provide for the development, maintenance, operation and utilization of a coordinated data and reporting system containing licensure, adverse action and the reporting of the existence of significant investigative information on all licensed PAs and applicants that are denied a license in participating states.
(b) Notwithstanding any other state law to the contrary, a participating state shall submit a uniform data set to the data system on all PAs to whom this compact is applicable, utilizing a unique identifier, as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) any denial of application for licensure and the reason for such denial, excluding the reporting of any criminal history record information where such reporting is prohibited by law;
(5) the existence of significant investigative information; and
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Significant investigative information pertaining to a licensee in any participating state shall only be available to other participating states.
(d) The commission shall promptly notify all participating states of any adverse action taken against a licensee or an individual applying for a license that has been reported to such commission. Such adverse action information shall be available to any other participating state.
(e) Participating states contributing information to the data system may, in accordance with state or federal law, designate information that shall not be shared with the public without the express permission of the contributing state. Notwithstanding any such designation, such information shall be reported to the commission through the data system.
(f) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be removed from the data system upon reporting of such by the participating state to the commission.
(g) The records and information provided to a participating state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a participating state.
SECTION 9—RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Commission rules shall become binding as of the date specified by the commission for each rule.
(b) The commission shall adopt reasonable rules in order to effectively and efficiently implement and administer this compact and achieve its purposes. A commission rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope of the purposes of this compact, the powers granted hereunder or based upon another applicable standard of review.
(c) The rules of the commission shall have the force of law in each participating state, except that where the rules of the commission conflict with the laws of the participating state that establish the medical services, a PA may perform in the participating state, as held by a court of competent jurisdiction, and the rules of the commission shall be ineffective in that state to the extent of the conflict.
(d) If a majority of the legislatures of the participating states rejects a commission rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any participating state or to any state applying to participate in the compact.
(e) Commission rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a final rule by the commission and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the commission's website or other publicly accessible platform;
(2) to persons who have requested notice of the commission's notices of proposed rulemaking; and
(3) in such other ways as the commission may specify by rule.
(g) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing on the proposed rule and the proposed time, date and location of the meeting in which the proposed rule will be considered and voted upon;
(2) the text of and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person and the date by which written comments must be received; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing or provide any written comments.
(h) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(i) If the hearing is to be held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall, as directed in the notice of proposed rulemaking published not less than five business days before the scheduled date of the hearing, notify the commission of their desire to appear and testify at the hearing.
(2) Hearings shall be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording and the written comments, data, facts, opinions and arguments received in response to the proposed rulemaking shall be made available to a person upon request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings required by this section.
(j) Following the public hearing, the commission shall consider all written and oral comments timely received.
(k) The commission shall, by majority vote of all delegates, take final action on the proposed rule and shall determine the effective date of the rule, if adopted, based on the rulemaking record and the full text of the rule.
(1) If adopted, the rule shall be posted on the commission's website.
(2) The commission may adopt changes to the proposed rule if the changes do not expand the original purpose of the proposed rule.
(3) The commission shall provide an explanation on its website of the reasons for any substantive changes made to the proposed rule as well as reasons for any substantive changes not made that were recommended by commenters.
(4) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be not sooner than 30 days after the commission issued the notice that it adopted the rule.
(l) Upon the determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours' prior notice, without the opportunity for comment or hearing, expect that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible but in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be adopted immediately by the commission in order to:
(1) Address an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or participating state funds;
(3) meet a deadline for the adoption of a commission rule that is established by federal law or rule; or
(4) protect public health and safety.
(m) The commission, or an authorized committee of the commission, may direct revisions to a previously adopted commission rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the commission's website. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made as set forth in the notice of revisions and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision shall not take effect without the approval of the commission.
(n) No participating state's rulemaking requirements shall apply under this compact.
SECTION 10—OVERSIGHT, DISPUTE RESOLUTION
AND ENFORCEMENT
(a) Oversight.
(1) The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or the commission's rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission with service of process shall render a judgment or order in such proceeding void as to the commission, this compact or commission rules.
(b) Default, technical assistance and termination.
(1) If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the commission rules, the commission shall provide written notice to the defaulting state and other participating states. The notice shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the delegates of the participating states, and all rights, privileges and benefits conferred by this compact upon such state may be terminated on the effective date of termination. A cure of the default shall not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of participation in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature and to the licensing board of each of the participating states.
(4) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal its termination from the compact by the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(7) Upon the termination of a state's participation in the compact, the state shall immediately provide notice to all licensees within that state of such termination:
(A) Licensees who have been granted a compact privilege in that state shall retain the compact privilege for 180 days following the effective date of such termination; and
(B) licensees who are licensed in that state who have been granted a compact privilege in a participating state shall retain the compact privilege for 180 days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the 180-day period ends, in which case, the compact privilege shall continue.
(c) Dispute resolution.
(1) Upon request by a participating state, the commission shall attempt to resolve disputes related to this compact that arise among participating states and between participating and nonparticipating states.
(2) The commission shall adopt a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and rules of the commission.
(2) If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a participating state in default to enforce compliance with the provisions of this compact and the commission's adopted rules and bylaws. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
(e) Legal action against the commission.
(1) A participating state may initiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its rules. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(2) No person other than a participating state shall enforce this compact against the commission.
SECTION 11—DATE OF IMPLEMENTATION OF
THE PA LICENSURE COMPACT COMMISSION
(a) This compact shall come into effect on the date that this compact statute is enacted into law in the seventh participating state.
(1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening, called charter-participating states, to determine if the statute enacted by each such charter-participating state is materially different than the model compact.
(A) A charter-participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in section 10(b).
(B) If any participating state later withdraws from the compact or its participation is terminated, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be fewer than seven. Participating states enacting the compact subsequent to the commission convening shall be subject to the process set forth in section 7(c)(21) to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
(2) Participating states enacting the compact subsequent to the seven initial charter-participating states shall be subject to the process set forth in section 7(c)(21) to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(b) Any state that joins this compact shall be subject to the commission's rules and bylaws as they exist on the date that this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day that this compact becomes law in that state.
(c) Any participating state may withdraw from this compact by enacting a statute repealing the same.
(1) A participating state's withdrawal shall not take effect until 180 days after enactment of the repealing statute. During the 180-day period, all compact privileges that were in effect in the withdrawing state and were granted to licensees licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed in another participating state or obtains a license in another participating state within the 180 days, the licensee's compact privileges in other participating states shall not be affected by the passage of the 180 days.
(2) Withdrawal shall not affect the continuing requirement of the state licensing board of the withdrawing state to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing a state from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any PA licensure agreement or other cooperative arrangement between participating states and between a participating state and nonparticipating state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted materially in the same manner into the laws of all participating states as determined by the commission.
SECTION 12—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the adoption of rules shall not be construed to limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding the provisions of this subsection or subsection (b), the commission may deny a state's participation in the compact or, in accordance with the requirements of section 10(b), terminate a participating state's participation in the compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
SECTION 13—BINDING EFFECT OF COMPACT
(a) Nothing herein prevents the enforcement of any other law of a participating state that is not inconsistent with this compact.
(b) Any laws in a participating state in conflict with this compact are superseded to the extent of the conflict.
(c) All agreements between the commission and the participating states are binding in accordance with their terms.
History: L. 2025, ch. 81, § 4; July 1.
Article 28b Independent Practice of Midwifery Act
§ 65-28b01 Independent practice of midwifery act; citation
The provisions of K.S.A. 65-28b01 through 65-28b10, and amendments thereto, shall be known and may be cited as the independent practice of midwifery act.
History: L. 2016, ch. 92, § 88; July 1.
§ 65-28b02 Same; definitions
As used in the independent practice of midwifery act:
(a) "Board" means the state board of healing arts.
(b) "Certified nurse-midwife" means an individual who:
(1) Is educated in the two disciplines of nursing and midwifery;
(2) is currently certified by a certifying board approved by the state board of nursing; and
(3) is currently licensed under the Kansas nurse practice act.
(c) "Independent practice of midwifery" means the provision of clinical services by a certified nurse-midwife without the requirement of a collaborative practice agreement with a person licensed to practice medicine and surgery when such clinical services are limited to those associated with a normal, uncomplicated pregnancy and delivery, including:
(1) The prescription of drugs and diagnostic tests;
(2) the performance of episiotomy or repair of a minor vaginal laceration;
(3) the initial care of the normal newborn; and
(4) family planning services, including treatment or referral of male partners for sexually-transmitted infections.
(d) The provisions of this section shall become effective on January 1, 2017.
History: L. 2016, ch. 92, § 89; July 1.
§ 65-28b03 Same; standards and requirements for licensure
(a) In order to obtain authorization to engage in the independent practice of midwifery, a certified nurse-midwife must meet the following requirements:
(1) Be licensed to practice professional nursing under the Kansas nurse practice act;
(2) have successfully completed a course of study in nurse-midwifery in a school of nurse-midwifery approved by the board;
(3) have successfully completed a national certification approved by the board;
(4) have successfully completed a refresher course as defined by rules and regulations of the board, if the individual has not been in active midwifery practice for five years immediately preceding the application;
(5) be authorized to perform the duties of a certified nurse-midwife by the state board of nursing;
(6) be licensed as an advanced practice registered nurse by the state board of nursing; and
(7) have paid all fees for licensure prescribed in K.S.A. 65-28b05, and amendments thereto.
(b) Upon application to the board by any certified nurse-midwife and upon satisfaction of the standards and requirements established under this act, the board shall grant an authorization to the applicant to engage in the independent practice of midwifery.
(c) A person whose licensure has been revoked may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, which application shall be accompanied by the fee prescribed in K.S.A. 65-28b05, and amendments thereto.
(d) The provisions of this section shall become effective on January 1, 2017.
History: L. 2016, ch. 92, § 90; July 1.
§ 65-28b04 Same; expiration of license
(a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board, unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the fee prescribed in K.S.A. 65-28b05, and amendments thereto.
(b) At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration, by mail, addressed to the licensee's last known mailing address. If the licensee fails to submit an application for renewal on a form provided by the board, or fails to pay the renewal fee by the date of expiration, the board shall give a second notice to the licensee that the license has expired and the license may be renewed only if the application for renewal, the renewal fee, and the late renewal fee are received by the board within the 30-day period following the date of expiration and that, if both fees are not received within the 30-day period, the license shall be deemed canceled by operation of law and without further proceedings.
(c) The board may require any licensee, as a condition of renewal, to submit with the application of renewal evidence of satisfactory completion of a program of continuing education as required by rules and regulations of the board.
(d) The provisions of this section shall become effective on January 1, 2017.
History: L. 2016, ch. 92, § 91; July 1.
§ 65-28b05 Same; fees
(a) The board shall charge and collect, in advance, fees for certified nurse-midwives, as established by the board, not to exceed:
- Application for license $100
- License renewal $100
- Late license renewal $100
- License reinstatement fee $100
- Revoked license fee $100
- Certified copy of license $50
- Verified copy of license $25
(b) 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 each 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 persons designated by the president.
(c) The provisions of this section shall become effective on January 1, 2017.
History: L. 2016, ch. 92, § 92; July 1.
§ 65-28b06 Same; unlawful acts
(a) It shall be unlawful for a person to engage in the independent practice of midwifery without a collaborative practice agreement with a person licensed to practice medicine and surgery, unless such certified nurse-midwife holds a license from the state board of nursing and the board.
(b) The provisions of this section shall become effective on January 1, 2017.
History: L. 2016, ch. 92, § 93; July 1.
§ 65-28b07 Same; rules and regulations; standards of care
(a) The board, in consultation with the state board of nursing, shall adopt rules and regulations pertaining to certified nurse-midwives engaging in the independent practice of midwifery and governing the ordering of tests, diagnostic services and prescribing of drugs and referral or transfer to physicians in the event of complications or emergencies. Such rules and regulations shall not be adopted until the state board of nursing and the board have consulted and concurred on the content of each rule and regulation. Such rules and regulations shall be adopted no later than January 1, 2017.
(b) A certified nurse midwife engaging in the independent practice of midwifery shall be subject to the provisions of the independent practice of midwifery act with respect to the ordering of tests, diagnostic services and prescribing of drugs, and shall not be subject to the provisions of K.S.A.
65-1130, and amendments thereto.
(c) The standards of care for certified nurse-midwives in the ordering of tests, diagnostic services and the prescribing of drugs shall be those standards which protect patients and shall be standards comparable to persons licensed to practice medicine and surgery providing the same services.
(d) The board is hereby authorized to solely adopt those rules and regulations necessary to administer the administrative provisions of this act.
History: L. 2016, ch. 92, § 94; July 1.
§ 65-28b08 Revocation, suspension, limitation, censure or denial of license; grounds
(a) The board may deny, revoke, limit or suspend any license or authorization issued to a certified nurse-midwife to engage in the independent practice of midwifery that is issued by the board or applied for under this act, or may publicly censure a licensee or holder of a temporary permit or authorization, if the applicant or licensee is found after a hearing:
(1) To be guilty of fraud or deceit while engaging in the independent practice of midwifery or in procuring or attempting to procure a license to engage in the independent practice of midwifery;
(2) to have been found guilty of a felony or to have been found guilty of a misdemeanor involving an illegal drug offense unless the applicant or licensee establishes sufficient rehabilitation to warrant the public trust, except that notwithstanding K.S.A. 74-120, and amendments thereto, no license or authorization to practice and engage in the independent practice of midwifery shall be granted to a person with a felony conviction for a crime against persons as specified in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to its repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto;
(3) to have committed an act of professional incompetence as defined in subsection (c);
(4) to be unable to practice the healing arts with reasonable skill and safety by reason of impairment due to physical or mental illness or condition or use of alcohol, drugs or controlled substances. All information, reports, findings and other records relating to impairment shall be confidential and not subject to discovery or release to any person or entity outside of a board proceeding;
(5) to be a person who has been adjudged in need of a guardian or conservator, or both, under the act for obtaining a guardian or conservator, or both, and who has not been restored to capacity under that act;
(6) to be guilty of unprofessional conduct as defined by rules and regulations of the board;
(7) to have willfully or repeatedly violated the provisions of the Kansas nurse practice act or any rules and regulations adopted pursuant to such act;
(8) to have a license to practice nursing as a registered nurse or as a practical nurse denied, revoked, limited or suspended, or to have been publicly or privately censured, by a licensing authority of another state, agency of the United States government, territory of the United States or country or to have other disciplinary action taken against the applicant or licensee by a licensing authority of another state, agency of the United States government, territory of the United States or country. A certified copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing authority of another state, agency of the United States government, territory of the United States or country shall constitute prima facie evidence of such a fact for purposes of this paragraph; or
(9) to have assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto, as established by any of the following:
(A) A copy of the record of criminal conviction or plea of guilty to a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto;
(B) a copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 60-4404, and amendments thereto; or
(C) a copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.
(b) No person shall be excused from testifying in any proceedings before the board under this act or in any civil proceedings under this act before a court of competent jurisdiction on the ground that such testimony may incriminate the person testifying, but such testimony shall not be used against the person for the prosecution of any crime under the laws of this state, except the crime of perjury as defined in K.S.A. 21-5903, and amendments thereto.
(c) As used in this section, "professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board; or
(3) a pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to engage in the independent practice of midwifery.
(d) The board, upon request, shall receive from the Kansas bureau of investigation such criminal history record information relating to arrests and criminal convictions, as necessary, for the purpose of determining initial and continuing qualifications of licensees and applicants for licensure by the board.
History: L. 2016, ch. 92, § 95; L. 2023, ch. 25, § 6; July 1.
§ 65-28b09 Same; advisory council
(a) There is hereby established a nurse-midwives council to advise the board in carrying out the provisions of this act. The council shall consist of seven members, all residents of the state of Kansas appointed as follows: Two members shall be licensees of the board, appointed by the board, who are licensed to practice medicine and surgery and whose specialty and customary practice includes obstetrics; one member shall be the president of the board or a board member designated by the president; and four members shall be licensed certified nurse-midwives appointed by the board of nursing.
(b) 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, if any.
History: L. 2016, ch. 92, § 96; July 1.
§ 65-28b10 Same; abortion not authorized
(a) Nothing in the independent practice of midwifery act should be construed to authorize a certified nurse-midwife engaging in the independent practice of midwifery under such act to perform, induce or prescribe drugs for an abortion.
(b) The provisions of this section shall become effective on January 1, 2017.
History: L. 2016, ch. 92, § 97; July 1.
Article 29 Physical Therapy
§ 65-2901 Definitions
As used in the physical therapy practice act:
(a) "Physical therapy" means examining, evaluating and testing individuals with mechanical, anatomical, physiological and developmental impairments, functional limitations and disabilities or other health and movement-related conditions in order to determine a diagnosis solely for physical therapy, prognosis, plan of therapeutic intervention and to assess the ongoing effects of physical therapy intervention. Physical therapy also includes alleviating impairments, functional limitations and disabilities by designing, implementing and modifying therapeutic interventions that may include, but are not limited to, therapeutic exercise; functional training in community or work integration or reintegration; manual therapy; dry needling; therapeutic massage; prescription, application and, as appropriate, fabrication of assistive, adaptive, orthotic, prosthetic, protective and supportive devices and equipment; airway clearance techniques; integumentary protection and repair techniques; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; patient-related instruction; reducing the risk of injury, impairments, functional limitations and disability, including the promotion and maintenance of fitness, health and quality of life in all age populations and engaging in administration, consultation, education and research. Physical therapy also includes the care and services provided by a physical therapist or a physical therapist assistant under the direction and supervision of a physical therapist who is licensed pursuant to the physical therapy practice act. Physical therapy does not include the use of roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes, including cauterization, the practice of any branch of the healing arts and the making of a medical diagnosis.
(b) "Physical therapist" means a person who is licensed to practice physical therapy pursuant to the physical therapy practice act. Any person who successfully meets the requirements of K.S.A. 65-2906, and amendments thereto, shall be known and designated as a physical therapist and may designate or describe oneself, as appropriate, as a physical therapist, physiotherapist, licensed physical therapist, doctor of physical therapy, abbreviations thereof, or words similar thereto or use of the designated letters P.T., Ph. T., M.P.T., D.P.T. or L.P.T. Nothing in this section shall be construed to prohibit physical therapists licensed under K.S.A. 65-2906 and 65-2909, and amendments thereto, from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials recognized by the board which such licensee has earned. Each licensee when using the letters or term "Dr." or "Doctor" in conjunction with such licensee's professional practice, whether in any written or oral communication, shall identify oneself as a "physical therapist" or "doctor of physical therapy."
(c) "Physical therapist assistant" means a person who is certified pursuant to the physical therapy practice act and who works under the direction of a physical therapist, and who assists the physical therapist in selected components of physical therapy intervention. Any person who successfully meets the requirements of K.S.A. 65-2906, and amendments thereto, shall be known and designated as a physical therapist assistant, and may designate or describe oneself as a physical therapist assistant, certified physical therapist assistant, abbreviations thereof, or words similar thereto or use of the designated letters P.T.A., C.P.T.A. or P.T. Asst. Nothing in this section shall be construed to prohibit physical therapist assistants certified under K.S.A. 65-2906 and 65-2909, and amendments thereto, from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials which such physical therapist assistant has earned.
(d) "Board" means the state board of healing arts.
(e) "Council" means the physical therapy advisory council.
(f) "Dry needling" means a skilled intervention using a thin filiform needle to penetrate into or through the skin and stimulate underlying myofascial trigger points or muscular or connective tissues for the management of neuromuscular pain or movement impairments.
(g) "Physician" means a person licensed to practice medicine and surgery.
(h) "Recognized by the board" means an action taken by the board at an open meeting to recognize letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials, consistent with the provisions of this act, which a physical therapist may appropriately use to designate or describe oneself and which shall be published in the official minutes of the board.
(i) "Applicant" means a person who has submitted an application for a license to practice physical therapy or a certificate as a physical therapy assistant.
(j) "Licensee" means a person who holds a license to practice physical therapy or a certificate as a physical therapy assistant.
History: L. 1963, ch. 318, § 1; L. 1973, ch. 253, § 1; L. 1983, ch. 215, § 1; L. 1988, ch. 246, § 19; L. 2003, ch. 128, § 1; L. 2004, ch. 61, § 1; L. 2007, ch. 177, § 19; L. 2011, ch. 114, § 19; L. 2016, ch. 92, § 32; L. 2024, ch. 15, § 56; July 1.
§ 65-2902 Repealed
History: L. 1963, ch. 318, § 2; Repealed, L. 2003, ch. 128, § 30; April 1, 2004.
§ 65-2903 Physical therapy advisory council; membership; qualifications
There is hereby created a physical therapy advisory council to assist the board in carrying out the provisions of this law. The council shall consist of five members, citizens and residents of the state of Kansas, three of whom shall be physical therapists, one of whom shall be a physician licensed by the board to practice medicine and surgery and one of whom shall be a member of such board.
History: L. 1963, ch. 318, § 3; L. 1973, ch. 253, § 2; L. 1978, ch. 308, § 52; L. 1981, ch. 299, § 50; L. 1983, ch. 215, § 2; L. 1987, ch. 240, § 15; L. 2003, ch. 128, § 2; April 1, 2004.
§ 65-2904 Same; terms; oath
The council shall be appointed as follows: The board shall appoint one physician licensed to practice medicine and surgery and one member of the board, and the governor shall appoint three physical therapists who are duly licensed physical therapists who have at least three years' experience in physical therapy immediately preceding the appointment and are actively engaged, in this state, in physical therapy. The foregoing appointees shall constitute the council. Except as otherwise provided in this section, the members appointed in accordance with this section shall be appointed for terms of four years and shall serve until their successors are appointed and qualify. Members serving on the examining committee for physical therapy on the effective date of this act shall be members of the council and shall serve on the council until the conclusion of the terms for which they were appointed to the examining committee for physical therapy and until their successors are appointed and qualified. Each member of the council shall take an oath as required by law for state officers. No physical therapist member appointed by the governor shall be appointed for more than two successive four-year terms commencing on or after that date.
History: L. 1963, ch. 318, § 4; L. 1973, ch. 253, § 3; L. 1983, ch. 215, § 3; L. 1987, ch. 240, § 16; L. 2003, ch. 128, § 3; April 1, 2004.
§ 65-2905 Same; officers; executive director; powers and duties; quorum; records; employees; compensation and expenses
(a) The physical therapy advisory council provided for in this act shall elect from their members a president and a vice-president, who shall serve for one year or until their successors are elected and qualified. The executive director of the board shall act as secretary of the council.
(b) The council shall serve in an advisory capacity to the board in matters pertaining to physical therapy. The board may adopt reasonable rules and regulations as may be found necessary for the performance of its duties. As to any matters coming under its jurisdiction, the council while in session may take testimony and any member may administer oaths in the taking of such testimony.
(c) A simple majority of the council shall constitute a quorum for the transaction of business. The secretary shall keep a record of all procedures of the council.
(d) The board may appoint and fix the compensation of such employees as may be necessary to assist the council, and the board shall have the power to employ such expert assistance as it may deem necessary to carry out the purposes of this act. Members of the council attending meetings of such council, or attending a subcommittee meeting thereof authorized by such council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1963, ch. 318, § 5; L. 1973, ch. 253, § 4; L. 1974, ch. 348, § 28; L. 1983, ch. 215, § 4; L. 1987, ch. 240, § 17; L. 2003, ch. 128, § 4; April 1, 2004.
§ 65-2906 Duties of board; qualifications of applicants; form of application; approval of schools
(a) The board, with the advice and assistance of the council, shall pass upon the qualifications of all applicants for licensure or certification and duly license or certify those applicants who meet the qualifications established by this act.
(b) An applicant applying for licensure as a physical therapist or for a certificate as a physical therapist assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) The applicant is of legal age;
(2) the applicant has successfully completed the academic requirements of an educational program in physical therapy approved by the board which is appropriate for the certification or licensure of the applicant or, if the applicant attended a program not approved by the board, the applicant shall present an evaluation by an entity approved by the board showing that applicant's educational program met the criteria a school must satisfy to be approved by the board;
(3) the applicant has passed an examination required by the board which is appropriate for the certification or licensure of the applicant to test the applicant's knowledge of the basic and clinical sciences relating to physical therapy theory and practice; and
(4) the applicant has paid to the board all applicable fees established under K.S.A. 65-2911, and amendments thereto.
(c) The board shall adopt rules and regulations establishing the criteria which a school shall satisfy in order to be approved by the board for purposes of subsection (b). The board may send a questionnaire developed by the board to any school for which the board does not have sufficient information to determine whether the school meets the requirements of the board for approval and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools. In entering such contracts the authority to approve schools shall remain solely with the board.
History: L. 1963, ch. 318, § 6; L. 1972, ch. 237, § 1; L. 1973, ch. 253, § 5; L. 1974, ch. 256, § 1; L. 1983, ch. 215, § 5; L. 1983, ch. 213, § 10; L. 1988, ch. 243, § 10; L. 1994, ch. 134, § 1; L. 2003, ch. 128, § 5; April 1, 2004.
§§ 65-2907, 65-2908 Repealed
History: L. 1963, ch. 318, §§ 7, 8; L. 1973, ch. 253, §§ 6, 7; L. 1983, ch. 215, §§ 6, 7; Repealed, L. 2003, ch. 128, § 30; April 1, 2004.
§ 65-2909 Examinations; when not required; fees; temporary permits
(a) The board may issue a license in physical therapy without examination to an applicant who presents evidence satisfactory to the board of having passed the examination in physical therapy approved by the board or an examination before a lawfully authorized examining board in physical therapy of another state, District of Columbia, territory or foreign country, if the standards for licensure in physical therapy in such other state, district, territory or foreign country are determined by the board to be as high as those of this state. At the time of making such application, the applicant shall pay to the board a fee as prescribed, no part of which shall be returned.
(b) The board may issue a certificate as a physical therapist assistant without examination therein to an applicant who presents evidence satisfactory to the board of having passed an examination as a physical therapist assistant approved by the board or an examination before a lawfully authorized examining board in physical therapy of another state, District of Columbia, territory or foreign country, if the standards for certification in physical therapy in such other state, District of Columbia, territory or foreign country are determined by the board to be as high as those of this state. At the time of making such application, the applicant shall pay to the board a fee as prescribed, no part of which shall be returned.
(c) The board may issue a temporary permit to an applicant for licensure as a physical therapist or an applicant for certification as a physical therapist assistant who applies for a temporary permit on a form provided by the board, who meets the requirements for licensure as a physical therapist or for certification as a physical therapist assistant or who meets all of the requirements for licensure or certification except examination and who pays to the board the temporary permit fee as required under K.S.A. 65-2911, and amendments thereto. Such temporary permit shall expire three months from the date of issue or on the date that the board approves the application for licensure or certification, whichever occurs first. No more than one such temporary permit shall be granted to any one person.
History: L. 1963, ch. 318, § 9; L. 1973, ch. 253, § 8; L. 1983, ch. 215, § 8; L. 2003, ch. 128, § 6; April 1, 2004.
§ 65-2910 Renewal of license or certification; renewal requirements; expiration notice; fees; cancellation; reinstatement; inactive license; exempt license; federally active license
(a) The license of every licensed physical therapist and the certification of every certified physical therapist assistant shall expire on the date established by rules and regulations of the board which may provide renewal throughout the year on a continuing basis. In each case in which a license or certificate is renewed for a period of time of less than one year, the board may prorate the amount of the fee established under K.S.A. 65-2911, and amendments thereto. The request for renewal shall be on a form provided by the board and shall be accompanied by the renewal fee established under K.S.A. 65-2911, and amendments thereto, which shall be paid not later than the expiration date of the license or certificate.
(b) The board shall require every licensed physical therapist or certified physical therapist assistant as a condition of renewal to submit with the application for a renewal evidence of satisfactory completion of a program of continuing education required by the board. The board shall establish the requirements for each such program of continuing education by rules and regulations. In establishing such requirements the board shall consider any existing programs of continuing education currently being offered to licensed physical therapists or certified physical therapist assistants.
(c) At least 30 days before the expiration of the license of a physical therapist or the certificate of a physical therapist assistant, the board shall notify the licensee or certificate holder of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee or certificate holder fails to pay the renewal fee by the date of expiration, the licensee or certificate holder shall be given a second notice that the license or certificate has expired and the license or certificate may be renewed only if the renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license or certificate shall be canceled for failure to renew and shall be reissued only after the physical therapist or physical therapist assistant has been reinstated under subsection (d).
(d) Any licensee or certificate holder who allows the license or certificate to be canceled by failing to renew may be reinstated upon recommendation of the board, upon payment of the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable reeducation and continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate reeducation and continuing education requirements for reinstatement of persons whose licenses or certificates have been canceled for failure to renew.
(e) (1) There is hereby created the designation of inactive license. The board is authorized to issue an inactive license to any physical therapist who makes written application for a license as a physical therapist on a form provided by the board and remits the fee established pursuant to K.S.A. 65-2911, and amendments thereto. The board may issue an inactive license only to a person who meets all the requirements for a license to practice as a physical therapist and who does not actively practice as a physical therapist in this state. An inactive license shall not entitle the holder to render professional services as a physical therapist. The provisions of subsections (c) and (d) relating to expiration, renewal and reinstatement of a license shall be applicable to an inactive license issued under this subsection. Each inactive licensee may apply to engage in active practice by providing to the board proof that a policy of professional liability insurance will be maintained in compliance with K.S.A. 65-2920, and amendments thereto, and rules and regulations adopted by the board.
(2) For the licensee whose license has been inactive for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for exempt licensees to become licensed to regularly practice physical therapy within Kansas. Any licensee whose license has been inactive for more than two years may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(f) (1) There is hereby created a designation of exempt license. The board is authorized to issue an exempt license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an exempt license established pursuant to K.S.A. 65-2911, and amendments thereto. The board may issue an exempt license to a person who is not regularly engaged in the practice of physical therapy in Kansas and who does not hold oneself out to the public as being professionally engaged in such practice. An exempt license shall entitle the holder to all privileges attendant to the practice of physical therapy for which such license is issued. Each exempt license may be renewed subject to the provisions of this section. Each exempt licensee shall be subject to all provisions of the physical therapy act, except as otherwise provided in this subsection. The holder of an exempt license shall be required to submit evidence of satisfactory completion of a program of continuing education required by this section. Each exempt licensee may apply for a license to regularly engage in the practice of physical therapy upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the license fee established pursuant to K.S.A. 65-2911, and amendments thereto.
(2) For the licensee whose license has been exempt for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for exempt licensees to become licensed to regularly practice physical therapy within Kansas. Any licensee whose license has been exempt for more than two years and who has not been in the active practice of physical therapy or engaged in a formal educational program since the license has been exempt may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(3) Nothing in this subsection shall be construed to prohibit a person holding an exempt license from serving as a paid employee or unpaid volunteer of: (A) A local health department as defined by K.S.A. 65-241, and amendments thereto, or (B) an indigent health care clinic as defined by K.S.A. 75-6102, and amendments thereto.
(4) A person who practices under an exempt license shall not be deemed to be rendering professional service as a physical therapist in this state for the purposes of K.S.A. 65-2920, and amendments thereto.
(g) (1) There is hereby created a designation of federally active license. The board is authorized to issue a federally active license to any licensee who makes written application for such license on a form provided by the board and remits the same fee required for a license established under K.S.A. 65-2911, and amendments thereto. The board may issue a federally active license only to a person who meets all the requirements for a license to practice physical therapy in Kansas and who practices that branch of physical therapy solely in the course of employment or active duty in the United States government or any of its departments, bureaus or agencies. A person issued a federally active license may engage in limited practice outside of the course of federal employment consistent with the scope of practice of exempt licenses under subsection (f), except that the scope of practice of a federally active licensee shall be limited to providing direct patient care services gratuitously or providing supervision, direction or consultation for no compensation except that nothing in this subsection (g)(1) shall prohibit a person licensed to practice physical therapy issued a federally active license from receiving payment for subsistence allowances or actual and necessary expenses incurred in providing such services; and rendering professional services as a charitable health care provider as defined in K.S.A. 75-6102, and amendments thereto.
(2) The provisions of subsections (a), (b), and (d) of this section relating to continuing education, expiration and renewal of a license shall be applicable to a federally active license issued under this subsection.
(3) A person who practices under a federally active license shall not be deemed to be rendering professional service as a physical therapist in this state for the purposes of K.S.A. 65-2920, and amendments thereto.
History: L. 1963, ch. 318, § 10; L. 1973, ch. 253, § 9; L. 1976, ch. 274, § 4; L. 1983, ch. 215, § 9; L. 1992, ch. 253, § 5; L. 2003, ch. 128, § 7; L. 2004, ch. 117, § 18; L. 2010, ch. 126, § 15; July 1.
§ 65-2911 Rules and regulations; record of proceedings; roster of persons licensed or certified; fee limitations; examination fees; disposition of moneys; healing arts fee fund
(a) The board may adopt such rules and regulations as necessary to carry out the purposes of this act. The executive director of the board shall keep a record of all proceedings under this act and a roster of all persons licensed or certified under the act. The roster shall show the name, address, date and number of the original license or certificate, and the renewal thereof.
(b) (1) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:
- Application based upon certificate of prior examination, not more than $80
- Application based on examination, not more than 100
- Exempt license fee, not more than 80
- Annual renewal fee, not more than 70
- Exempt license renewal fee, not more than 70
- Late renewal fee, not more than 75
- Reinstatement fee, not more than 80
- Certified copy of license or certificate, not more than 15
- Duplicate certificate 15
- Temporary permit 25
- Written verification of license 25
(2) The board shall charge and collect in advance fees for any examination administered by the board under article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, be paid directly to the examination service by the person taking the examination.
(3) The fees fixed by the board by rules and regulations under article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and in effect immediately prior to the effective date of this act shall continue in effect until different fees are fixed by the board by rules and regulations as provided under this section.
(c) The board shall remit all moneys received by or for it 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 such 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 of the board.
History: L. 1963, ch. 318, § 11; L. 1973, ch. 309, § 24; L. 1983, ch. 215, § 10; L. 1987, ch. 240, § 18; L. 2001, ch. 5, § 241; L. 2003, ch. 128, § 8; L. 2010, ch. 126, § 16; L. 2011, ch. 53, § 33; July 1.
§ 65-2912 Grounds for refusal, suspension, revocation or limitation of license, certificate or compact privilege; censure; hearing procedure
(a) The board may refuse to grant a license to any physical therapist or a certificate to any physical therapist assistant, may suspend or revoke the license or compact privilege of any licensed physical therapist or certificate or compact privilege of any certified physical therapist assistant, may limit the license or compact privilege of any licensed physical therapist or certificate or compact privilege of any certified physical therapist assistant or may censure a licensed physical therapist or certified physical therapist assistant for any of the following grounds:
(1) Addiction to or distribution of intoxicating liquors or drugs for other than lawful purposes;
(2) conviction of a felony if the board determines, after investigation, that the physical therapist or physical therapist assistant has not been sufficiently rehabilitated to warrant the public trust;
(3) obtaining or attempting to obtain licensure or certification by fraud or deception;
(4) finding by a court of competent jurisdiction that the physical therapist or physical therapist assistant is a disabled person and has not thereafter been restored to legal capacity;
(5) unprofessional conduct as defined by rules and regulations adopted by the board;
(6) the treatment or attempt to treat ailments or other health conditions of human beings other than by physical therapy and as authorized by this act;
(7) failure to refer patients to other healthcare providers if symptoms are present for which physical therapy treatment is inadvisable or if symptoms indicate conditions for which treatment is outside the scope of knowledge of the licensed physical therapist;
(8) evaluating or treating patients in a manner not consistent with K.S.A. 65-2921, and amendments thereto; and
(9) knowingly submitting any misleading, deceptive, untrue or fraudulent misrepresentation on a claim form, bill or statement.
(b) All proceedings pursuant to article 29 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
History: L. 1963, ch. 318, § 12; L. 1965, ch. 369, § 6; L. 1973, ch. 253, § 10; L. 1983, ch. 215, § 11; L. 1984, ch. 313, § 125; L. 1986, ch. 234, § 7; L. 1988, ch. 246, § 20; L. 2003, ch. 128, § 9; L. 2004, ch. 61, § 2; L. 2007, ch. 177, § 20; L. 2010, ch. 17, § 141; L. 2021, ch. 100, § 5; July 1.
§ 65-2913 Representation as physical therapist or physical therapist assistant; prohibitions; exceptions; construction of act
(a) It shall be unlawful for any person who is not licensed under the physical therapy practice act as a physical therapist or whose license has been suspended or revoked in any manner to represent oneself as a physical therapist or to use in connection with such person's name the words physical therapist, physiotherapist, licensed physical therapist or doctor of physical therapy or use the abbreviations P.T., Ph. T., M.P.T., D.P.T. or L.P.T., or any other letters, words, abbreviations or insignia, indicating or implying that such person is a physical therapist. A violation of this subsection shall constitute a class B nonperson misdemeanor. Nothing in this section shall be construed to prohibit physical therapists licensed under K.S.A. 65-2906 and 65-2909, and amendments thereto, from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials recognized by the board that such licensee has earned. Each licensee when using the letters or term "Dr." or "Doctor" in conjunction with such licensee's professional practice, whether in any written or oral communication, shall identify oneself as a "physical therapist" or "doctor of physical therapy."
(b) Any person who, in any manner, represents oneself as a physical therapist assistant, or who uses in connection with such person's name the words or letters physical therapist assistant, certified physical therapist assistant, P.T.A., C.P.T.A. or P.T. Asst., or any other letters, words, abbreviations or insignia, indicating or implying that such person is a physical therapist assistant, without a valid existing certificate as a physical therapist assistant issued to such person pursuant to the physical therapy practice act shall be guilty of a class B nonperson misdemeanor. Nothing in this section shall be construed to prohibit physical therapist assistants certified under K.S.A. 65-2906 and 65-2909, and amendments thereto, from listing or using in conjunction with their name any letters, words, abbreviations or other insignia to designate any educational degrees, certifications or credentials that such physical therapist assistant has earned.
(c) Nothing in this act is intended to limit, preclude or otherwise interfere with the practices of other healthcare providers formally trained and practicing their profession. The provisions of the physical therapy practice act shall not apply to the following individuals so long as they do not hold themselves out in a manner prohibited under subsection (a) or (b):
(1) Persons rendering assistance in the case of an emergency;
(2) members of any church practicing their religious tenets;
(3) persons whose services are performed pursuant to the delegation of and under the supervision of a physical therapist who is licensed under this act;
(4) healthcare providers in the United States armed forces, public health services, federal facilities and coast guard or other military service when acting in the line of duty in this state;
(5) licensees under the healing arts act, and practicing their professions, when licensed and practicing in accordance with the provisions of law or persons performing services pursuant to the delegation of a licensee under K.S.A. 65-2872, and amendments thereto;
(6) dentists practicing their professions, when licensed and practicing in accordance with the provisions of law;
(7) nurses practicing their professions, when licensed and practicing in accordance with the provisions of law or persons performing services pursuant to the delegation of a licensed nurse under K.S.A. 65-1124, and amendments thereto;
(8) healthcare providers who have been formally trained and are practicing in accordance with their training or have received specific training in one or more functions included in this act pursuant to established educational protocols or both;
(9) students while in actual attendance in an accredited healthcare educational program and under the supervision of a qualified instructor;
(10) self-care by a patient or gratuitous care by a friend or family member;
(11) optometrists practicing their profession when licensed and practicing in accordance with the provisions of article 15 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(12) podiatrists practicing their profession when licensed and practicing in accordance with the provisions of article 20 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(13) occupational therapists practicing their profession when licensed and practicing in accordance with the occupational therapy practice act and occupational therapy assistants practicing their profession when licensed and practicing in accordance with the occupational therapy practice act;
(14) respiratory therapists practicing their profession when licensed and practicing in accordance with the respiratory therapy practice act;
(15) physician assistants practicing their profession when licensed and practicing in accordance with the physician assistant licensure act;
(16) persons practicing corrective therapy in accordance with their training in corrective therapy;
(17) athletic trainers practicing their profession when licensed and practicing in accordance with the athletic trainers licensure act;
(18) persons who massage for the purpose of relaxation, muscle conditioning or figure improvement, so long as no drugs are used and such persons do not hold themselves out to be physicians or healers;
(19) barbers practicing their profession when licensed and practicing in accordance with the provisions of article 18 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(20) cosmetologists practicing their profession when licensed and practicing in accordance with the provisions of article 19 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(21) emergency medical service providers practicing their profession when certified and practicing in accordance with the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(22) naturopathic doctors practicing their profession when licensed and practicing in accordance with the naturopathic doctor licensure act; and
(23) acupuncturists practicing their profession when licensed and practicing in accordance with the acupuncture practice act.
(d) Any patient monitoring, assessment or other procedures designed to evaluate the effectiveness of prescribed physical therapy must be performed by or pursuant to the delegation of a licensed physical therapist or other healthcare provider.
(e) Nothing in this act shall be construed to permit the practice of medicine and surgery. No statute granting authority to licensees of the state board of healing arts shall be construed to confer authority upon physical therapists to engage in any activity not conferred by the physical therapy practice act.
History: L. 1963, ch. 318, § 13; L. 1973, ch. 253, § 11; L. 1983, ch. 215, § 12; L. 1994, ch. 134, § 2; L. 2003, ch. 128, § 10; L. 2004, ch. 24, § 12; L. 2010, ch. 126, § 17; L. 2011, ch. 114, § 20; L. 2016, ch. 92, § 33; L. 2019, ch. 64, § 15; June 6.
§ 65-2914 Fraud or deception in application for license; scope of authorized treatment
(a) No person shall employ fraud or deception in applying for or securing a license as a physical therapist.
(b) A person licensed under this act as a physical therapist shall not treat ailments or other health conditions of human beings other than by physical therapy unless duly licensed or registered to provide such treatment under the laws of this state.
(c) A person certified under this act as a physical therapist assistant shall not treat ailments or other health conditions of human beings except under the direction of a physical therapist duly licensed under this act. The word "direction" as used in this subsection (c) shall mean that the physical therapist shall see all patients initially and evaluate them periodically except in those cases in a hospital setting when the physical therapist is not immediately available, the physical therapist assistant may initiate patient care after telephone contact with the physical therapist for documented instruction. The physical therapist must then evaluate the patient and establish a plan of treatment as soon as possible with a minimum weekly review.
(d) Any person violating the provisions of this section shall be guilty of a class B misdemeanor.
History: L. 1963, ch. 318, § 14; L. 1973, ch. 253, § 12; L. 1983, ch. 215, § 13; L. 1990, ch. 228, § 1; L. 2003, ch. 128, § 11; April 1, 2004.
§ 65-2915 Repealed
History: L. 1963, ch. 318, § 15; L. 1983, ch. 215, § 14; Repealed, L. 2003, ch. 128, § 30; April 1, 2004.
§ 65-2916 Penalties for violations of act; injunctive relief
(a) Any violation of the provisions of this act shall constitute a class B misdemeanor.
(b) When it appears to the board that any person is violating any of the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, 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 to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.
(c) The board, in addition to any other penalty prescribed under the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for a violation of the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1963, ch. 318, § 16; L. 1973, ch. 253, § 13; L. 2003, ch. 128, § 12; April 1, 2004.
§ 65-2917 Invalidity of part
If any provisions of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 1963, ch. 318, § 17; June 30.
§ 65-2918 Physical therapists and physical therapist assistants practicing in accordance with law not subject to healing arts act
Physical therapists and physical therapist assistants practicing their profession, when licensed or certified and practicing under and in accordance with the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, shall not be construed to be practicing the healing arts or be subject to the healing arts act.
History: L. 1983, ch. 215, § 15; L. 2003, ch. 128, § 13; April 1, 2004.
§ 65-2919 Person holding registration as physical therapist deemed to be licensed physical therapist
Any person holding a valid registration as a physical therapist immediately prior to the effective date of this act which has been issued by the board shall be deemed to be a licensed physical therapist for the purposes of this act and article 29 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto, and shall be subject to the provisions of this act and the provisions of such article and chapter of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto.
History: L. 1983, ch. 215, § 16; L. 2003, ch. 128, § 14; April 1, 2004.
§ 65-2920 Professional liability insurance coverage required as condition to practice physical therapy
Professional liability insurance coverage shall be maintained in effect by each licensed physical therapist actively practicing in this state, including each physical therapist licensed in a home state and practicing in this state under the physical therapy licensure compact, as a condition to rendering professional services as a physical therapist in this state. The board shall fix by rules and regulations the minimum level of coverage for such professional liability insurance.
History: L. 2003, ch. 128, § 29; L. 2004, ch. 117, § 25; L. 2021, ch. 100, § 6; July 1.
§ 65-2921 Evaluation and treatment by physical therapists; when referral is required; exceptions
(a) Except as otherwise provided in subsection (d), a physical therapist may evaluate and initiate physical therapy treatment on a patient without referral from a licensed health care practitioner. If treating a patient without a referral from a licensed health care practitioner and the patient is not progressing toward documented treatment goals as demonstrated by objective, measurable or functional improvement, or any combination thereof, after 10 patient visits or in a period of 15 business days from the initial treatment visits following the initial evaluation visit, the physical therapist shall obtain a referral from an appropriate licensed health care practitioner prior to continuing treatment.
(b) Physical therapists may provide, without a referral, services to: (1) Employees solely for the purpose of education and instruction related to workplace injury prevention; or (2) the public for the purpose of fitness, health promotion and education.
(c) Physical therapists may provide services without a referral to special education students who need physical therapy services to fulfill the provisions of their individualized education plan (IEP) or individualized family service plan (IFSP).
(d) Nothing in this section shall be construed to prevent a hospital or ambulatory surgical center from requiring a physician order or referral for physical therapy services for a patient currently being treated in such facility.
(e) When a patient self-refers to a physical therapist pursuant to this section, the physical therapist, prior to commencing treatment, shall provide written notice to the patient that a physical therapy diagnosis is not a medical diagnosis by a physician.
(f) Physical therapists shall perform wound debridement services only after approval by a person licensed to practice medicine and surgery or other licensed health care practitioner in appropriately related cases.
(g) As used in this section, "licensed health care practitioner" means a person licensed to practice medicine and surgery, a licensed podiatrist, a licensed physician assistant or a licensed advanced practice registered nurse working pursuant to the order or direction of a person licensed to practice medicine and surgery, a licensed chiropractor, a licensed dentist or licensed optometrist in appropriately related cases.
History: L. 2007, ch. 177, § 21; L. 2011, ch. 114, § 56; L. 2013, ch. 4, § 1; July 1.
§ 65-2922 Title of the act
The provisions of K.S.A. 65-2901 through 65-2921, and amendments thereto, shall be known and may be cited as the physical therapy practice act.
History: L. 2007, ch. 177, § 22; May 17.
§ 65-2923 Dry needling; requirements to practice; rules and regulations
(a) The board shall adopt rules and regulations establishing minimum education and training requirements for the practice of dry needling by a licensed physical therapist, including a physical therapist licensed in a home state and practicing in this state under the physical therapy licensure compact.
(b) This section shall be a part of and supplemental to the physical therapy practice act.
History: L. 2016, ch. 92, § 31; L. 2021, ch. 100, § 7; July 1.
§ 65-2924 Fingerprinting and criminal history record check of applicant for license; use for identification and criminal history record check; fee
(a) As part of an original application for a license as a physical therapist or a certificate as a physical therapy assistant or as part of an original application for reinstatement of a license or certificate or in connection with any investigation of any holder of a license or certificate, the state board of healing arts may require a person to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(b) The state board of healing arts may fix and collect a fee as may be required by the board in an amount necessary to reimburse the board for the cost of fingerprinting and the criminal history record check. Any moneys collected under this subsection shall be deposited in the state treasury and credited to the healing arts fee fund.
(c) This section shall be a part of and supplemental to the physical therapy practice act.
History: L. 2021, ch. 100, § 4; L. 2024, ch. 15, § 57; July 1.
§ 65-2925 Physical therapy licensure compact
This section shall be known and may be cited as the physical therapy licensure compact.
SECTION 1.
PURPOSE
(a) The purpose of this compact is to facilitate the interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient or client is located at the time of the patient or client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(b) This compact is designed to achieve the following objectives:
(1) Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;
(2) enhance the states' ability to protect the public's health and safety;
(3) encourage the cooperation of member states in regulating multi-state physical therapy practice;
(4) support spouses of relocating military members;
(5) enhance the exchange of licensure, investigative and disciplinary information between member states; and
(6) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
SECTION 2.
DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions shall apply:
(a) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.
(b) "Adverse action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
(c) "Alternative program" means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
(d) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient or client is located at the time of the patient or client encounter.
(e) "Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, or both, educational and professional activities relevant to practice or the area of work.
(f) "Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege and adverse action.
(g) "Encumbered license" means a license that a physical therapy licensing board has limited in any way.
(h) "Executive board" means a group of directors elected or appointed to act on behalf of and, within the powers granted to them, by the commission.
(i) "Home state" means the member state that is the licensee's primary state of residence.
(j) "Investigative information" means information, records and documents received or generated by a physical therapy licensing board pursuant to an investigation.
(k) "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.
(l) "Licensee" means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
(m) "Member state" means a state that has enacted the compact.
(n) "Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
(o) "Physical therapist" means an individual who is licensed by a state to practice physical therapy.
(p) "Physical therapist assistant" means an individual who is licensed or certified by a state and who assists the physical therapist in selected components of physical therapy.
(q) "Physical therapy," "physical therapy practice," and "the practice of physical therapy" means the care and services provided by or under the direction and supervision of a licensed physical therapist.
(r) "Physical therapy compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.
(s) "Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
(t) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
(u) "Rule" means a rule, regulation, principle or directive promulgated by the commission that has the force of law.
(v) "State" means any state, commonwealth, district or territory of the United States that regulates the practice of physical therapy.
SECTION 3.
STATE PARTICIPATION IN THE COMPACT
(a) To participate in the compact, a state must:
(1) Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules;
(2) have a mechanism in place for receiving and investigating complaints about licensees;
(3) notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(4) fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions in accordance with this compact;
(5) comply with the rules of the commission;
(6) utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
(7) have continuing competence requirements as a condition for license renewal.
(b) Upon adoption of this compact, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the federal bureau of investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 42 U.S.C. § 14616.
(c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
(d) Member states may charge a fee for granting a compact privilege.
SECTION 4.
COMPACT PRIVILEGE
(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) Hold a license in the home state;
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any member state in accordance with section 4(d), (g) and (h);
(4) have not had any adverse action against any license or compact privilege within the previous two years;
(5) notify the commission that the licensee is seeking the compact privilege within a remote state;
(6) pay any applicable fees, including any state fee, for the compact privilege;
(7) meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and
(8) report to the commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.
(b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of section 4(a) to maintain the compact privilege in the remote state.
(c) A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(d) A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time or impose fines, or both, and may take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) The home state license is no longer encumbered; and
(2) two years have elapsed from the date of the adverse action.
(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of section 4(a) to obtain a compact privilege in any remote state.
(g) If a licensees compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
(1) The specific period of time for which the compact privilege was removed has ended;
(2) all fines have been paid; and
(3) two years have elapsed from the date of the adverse action.
(h) Once the requirements of section 4(g) have been met, the licensee must meet the requirements in section 4(a) to obtain a compact privilege in a remote state.
SECTION 5.
ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
(a) Home of record;
(b) permanent change of station (PCS); or
(c) state of current residence, if it is different than the PCS state or home of record.
SECTION 6.
ADVERSE ACTIONS
(a) A home state shall have exclusive power to impose adverse action against a license issued by the home state.
(b) A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
(c) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
(d) Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
(e) A remote state shall have the authority to:
(1) Take adverse actions as set forth in section 4(d) against a licensee's compact privilege in the state;
(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, or the production of evidence, or both, from another party state shall be enforced in the latter state by any court of competent jurisdiction according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before that court. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence, or both, are located; and
(3) if otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
(f) Joint investigations:
(1) In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
SECTION 7.
ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSION
(a) The compact member states hereby create and establish a joint public agency known as the physical therapy compact commission:
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings:
(1) Each member state shall have and be limited to one delegate selected by that member state's licensing board.
(2) The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member or the board administrator.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state board shall fill any vacancy occurring in the commission.
(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
(7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(c) The commission shall have the following powers and duties:
(1) Establish the fiscal year of the commission;
(2) establish bylaws;
(3) maintain its financial records in accordance with the bylaws;
(4) meet and take such actions as are consistent with the provisions of this compact and the bylaws;
(5) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;
(6) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;
(7) purchase and maintain insurance and bonds;
(8) borrow, accept or contract for services of personnel including, but not limited to, employees of a member state;
(9) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(10) accept any and all appropriate donations and grants of money, equipment, supplies, materials and services and receive, utilize and dispose of the same, except that at all times the commission shall avoid any appearance of impropriety or conflict of interest, or both;
(11) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, real, personal or mixed, except that at all times the commission shall avoid any appearance of impropriety;
(12) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
(13) establish a budget and make expenditures;
(14) borrow money;
(15) appoint committees, including standing committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives and such other interested persons as may be designated in this compact and the bylaws;
(16) provide and receive information from, and cooperate with, law enforcement agencies;
(17) establish and elect an executive board; and
(18) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of physical therapy licensure and practice.
(d) The executive board shall have the power to act on behalf of the commission according to the terms of this compact.
(1) The executive board shall be comprised of nine members:
(A) Seven voting members, who are elected by the commission from the current membership of the commission;
(B) one ex-officio, non-voting member from the recognized national physical therapy professional association; and
(C) one ex-officio, non-voting member from the recognized membership organization of the physical therapy licensing boards.
(2) The ex-officio members will be selected by their respective organizations.
(3) The commission may remove any member of the executive board as provided in the bylaws.
(4) The executive board shall meet at least annually.
(5) The executive board shall have the following duties and responsibilities:
(A) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues and any commission compact fee charged to licensees for the compact privilege;
(B) ensure compact administration services are appropriately provided, contractual or otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the commission;
(E) monitor compact compliance of member states and provide compliance reports to the commission;
(F) establish additional committees as necessary; and
(G) other duties as provided in rules or bylaws.
(e) Meetings of the commission:
(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 9.
(2) The commission or the executive board or other committees of the commission may convene in a closed, non-public meeting, if the commission or executive board or other committees of the commission must discuss:
(A) Non-compliance of a member state with its obligations under the compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) current, threatened or reasonably anticipated litigation;
(D) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(E) accusing any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) disclosure of investigative records compiled for law enforcement purposes;
(I) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
(J) matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(f) Financing of the commission:
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified immunity, defense and indemnification:
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph shall be construed to protect any such person from suit or liability, or both, for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, except that nothing herein shall be construed to prohibit that person from retaining such person's own counsel and except that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, so long as the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 8.
DATA SYSTEM
(a) The commission shall provide for the development, maintenance and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) non-confidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason for such denial; and
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other party states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 9.
RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform; and
(2) on the website of each member state's physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission, or other designated member, in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording will be made available on request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(k) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, so long as the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
SECTION 10.
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a) Oversight:
(1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b) Default, technical assistance and termination:
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(A) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature and each of the member states.
(4) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member state shall be awarded all costs of such litigation, including reasonable attorney fees.
(c) Dispute resolution:
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement:
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
SECTION 11
DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th
member state. The provisions that become effective at that time shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 12.
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
History: L. 2021, ch. 100, § 3; July 1.
Article 30 Air Quality Control
§ 65-3001 Title of act
K.S.A. 65-3002, 65-3003, 65-3005 through 65-3013 and 65-3015 through 65-3020 and K.S.A. 65-3008a, 65-3008b and 65-3024 through 65-3028, and amendments thereto, shall be known and may be cited as the Kansas air quality act.
History: L. 1967, ch. 347, § 1; L. 1970, ch. 261, § 1; L. 1993, ch. 13, § 1; March 25.
§ 65-3002 Definitions
As used in this act, unless the context clearly requires otherwise:
(a) "Air contaminant" means dust, fumes, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof, but not including water vapor or steam condensate.
(b) "Air contamination" means the presence in the outdoor atmosphere of one or more air contaminants.
(c) "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is, or tends significantly to be, injurious to human health or welfare, animal or plant life, or property, or would unreasonably interfere with the enjoyment of life or property, or would contribute to the formation of regional haze.
(d) "Alter" means any physical change in, or change in the method of operation of, an air contaminant emission stationary source which increases the amount of any regulated air pollutant emitted by such source or which results in the emission of any regulated air pollutant not previously emitted.
(e) "Emission" means a release into the outdoor atmosphere of air contaminants.
(f) "Deciview" means an atmospheric haze index that expresses changes in visibility conditions as defined in 40 C.F.R. § 51.301 as in effect on July 1, 2005.
(g) "Facility" means any building, structure, machine, equipment, device or installation (or group of buildings, structures, machines, equipment, devices or installations), whether temporary or permanent, located on one or more contiguous or adjacent properties and under common control of the same person (or persons under common control). Such term shall not include locomotives, diesel trucks or truck tractors unless otherwise required by the federal clean air act, as amended in November 1990.
(h) "Modify" or "modification," when used in conjunction with an approval or permit action, means an amendment to an existing approval or permit initiated by the permittee. When used to describe a change in any air contaminant emission stationary source, "modify" shall have the same meaning as the term "alter."
(i) "Permittee" means the holder of an approval or the holder of a permit and includes both the owner and the operator of any approved or permitted air contaminant emission source.
(j) "Person" means any individual, partnership, firm, association, municipality, public or private corporation, subdivision or agency of the state or federal government, trust, estate or any other legal entity.
(k) "Regional haze" means visibility impairment, measured in deciviews, occurring over a large geographic area caused by the cumulative emissions of gaseous and particulate air contaminants from numerous sources.
(l) "Reopen" means to seek an amendment to an existing approval or permit initiated by any person other than the permittee.
(m) "Secretary" means the secretary of health and environment.
(n) "Stationary source" means any building, structure, facility or installation which emits or may emit any air contaminant.
History: L. 1967, ch. 347, § 2; L. 1970, ch. 261, § 2; L. 1974, ch. 352, § 135; L. 1993, ch. 13, § 2; L. 2006, ch. 84, § 1; July 1.
§ 65-3003 Responsibility of secretary; administration
The responsibility for air quality conservation and control of air pollution is hereby placed with the secretary of health and environment. The secretary shall administer this act through the division of environment.
History: L. 1967, ch. 347, § 3; L. 1970, ch. 261, § 3; L. 1974, ch. 352, § 136; July 1.
§ 65-3004 Repealed
History: L. 1967, ch. 347, § 4; L. 1970, ch. 261, § 4; L. 1974, ch. 348, § 29; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-3005 Powers of the secretary
(a) The secretary shall have the power to:
(1) Adopt, amend and repeal rules and regulations implementing and consistent with this act.
(2) Hold hearings relating to any aspect of or matter in the administration of this act concerning air quality control, and in connection therewith, compel the attendance of witnesses and the production of evidence.
(3) Issue such orders, permits and approvals as may be necessary to effectuate the purposes of this act and enforce the same by all appropriate administrative and judicial proceedings.
(4) Require access to records relating to emissions which cause or contribute to air pollution.
(5) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution originating in Kansas that affects air quality in Kansas or in other states or both.
(6) Adopt rules and regulations governing such public notification and comment procedures as authorized by this act.
(7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this act.
(8) (A) Encourage local units of government to handle air pollution problems within their respective jurisdictions and on a cooperative basis; (B) provide technical and consultative assistance therefor; and (C) enter into agreements with local units of government to administer all or part of the provisions of the Kansas air quality act in the units' respective jurisdictions.
(9) Encourage and conduct studies, investigations and research relating to air contamination and air pollution and their causes, effects, prevention, abatement and control.
(10) Encourage air contaminant emission sources to voluntarily implement strategies, including the development and use of innovative technologies, market-based principles and other private initiatives to reduce or prevent pollution.
(11) Determine by means of field studies and sampling the degree of air contamination and air pollution in the state and the several parts thereof.
(12) Establish ambient air quality standards for the state as a whole or for any part thereof.
(13) Collect and disseminate information and conduct educational and training programs relating to air contamination and air pollution.
(14) Advise, consult and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.
(15) Accept, receive and administer grants or other funds or gifts from public and private entities, including the federal government, for the purpose of carrying out any of the functions of this act. Such funds received by the secretary pursuant to this section shall be deposited in the state treasury to the account of the department of health and environment.
(16) Enter into contracts and agreements with other state agencies or subdivisions, local governments, other states, interstate agencies, the federal government or its agencies or private entities as is necessary to accomplish the purposes of the Kansas air quality act.
(17) Conduct or participate in intrastate or interstate emissions trading programs or other programs that demonstrate equivalent air quality benefits for the prevention, abatement and control of air pollution in Kansas or in other states or both.
(18) Prepare and adopt a regional haze plan as may be necessary to prevent, abate and control air pollution originating in Kansas that affects air quality in Kansas or in other states or both. Any regional haze plan prepared by the secretary shall be no more stringent than is required by 42 U.S.C. § 7491.
(19) Participate in the activities of any visibility transport commission established under 42 U.S.C. § 7492. The secretary shall report to the governor and the legislature on the activities of any such visibility transport commission annually.
(b) It is a policy of the state to regulate the air quality of the state and implement laws and regulations that are applied equally and uniformly throughout the state and consistent with those of the federal government.
(1) The secretary shall have the authority to promulgate rules and regulations to establish standards to ensure that the state is in compliance with the provisions of the federal clean air act, as amended (42 U.S.C. section 7401 et seq.). The standards so established shall not be any more stringent, restrictive or expansive than those required under the federal clean air act, as amended, nor shall the rules and regulations be enforced in any area of the state prior to the time required by the federal clean air act. If the secretary determines that more stringent, restrictive or expansive rules and regulations are necessary, the secretary may implement the rules and regulations only after approval by an act of the legislature. The restrictions of this subsection shall not apply to the parts of the state implementation plan developed by the secretary to bring a nonattainment area into compliance when needed to have a United States environmental protection agency approved state implementation plan.
(2) For any application for a permit required by federal or state law, the secretary shall not deny or delay the issuance of such permit when the requirements of this act have been met.
History: L. 1967, ch. 347, § 5; L. 1970, ch. 261, § 5; L. 1974, ch. 352, § 137; L. 1993, ch. 13, § 3; L. 2006, ch. 84, § 2; L. 2009, ch. 141, § 23; May 28.
§ 65-3006 Same; publication and enforcement of regulations; employment of personnel; services
The secretary shall:
(a) Publish and enforce the rules, regulations and standards promulgated hereunder. The secretary shall furnish a copy of such rules, regulations or standards adopted hereunder to any citizen upon request.
(b) Employ such professional, technical and other staff, and provide such technical, scientific and other services as may be required, including laboratory facilities, for the purpose of effectuating the provisions of this act from funds appropriated and available for the purposes of this act.
History: L. 1967, ch. 347, § 6; L. 1970, ch. 261, § 6; L. 1974, ch. 352, § 138; L. 1975, ch. 312, § 10; July 1.
§ 65-3007 Air contaminant sources; classification; monitoring; reporting
(a) The secretary, by rule and regulation, shall classify air contaminant sources which, in the secretary's judgment, may cause or contribute to air pollution, according to levels and types of emissions and other characteristics which relate to air pollution and may require reporting for any such class or classes. The classifications promulgated by the secretary shall be made to apply to the state as a whole or to any designated area of the state, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property.
(b) The secretary shall require air contaminant emission sources to monitor emissions, operating parameters, ambient impact of any source emissions or any other parameters deemed necessary by the secretary. The secretary may require air contaminant emission sources to keep records and make reports consistent with the purposes of this act.
(c) Any person operating or responsible for the operation of air contaminant sources of any class for which the rules and regulations of the secretary require reporting shall make reports containing information as may be required by the secretary concerning location, size and height of contaminant outlets, processes employed, fuels used and the nature and time periods or duration of emissions, and such other information as is relevant to air pollution and available or reasonably capable of being assembled.
History: L. 1967, ch. 347, § 7; L. 1970, ch. 261, § 7; L. 1974, ch. 352, § 139; L. 1975, ch. 312, § 11; L. 1993, ch. 13, § 4; March 25.
§ 65-3008 Approvals and permits for emission stationary sources
(a) No person shall construct, own, operate, install, alter or use any air contaminant emission stationary source which, in accordance with rules and regulations, the secretary finds may cause or contribute to air pollution, unless an appropriate approval or permit has been issued for the source by the secretary under this act. Approvals or permits issued by the secretary may be subject to conditions consistent with the purposes of this act and rules and regulations promulgated under this act.
(b) The secretary shall require that applications for approvals and permits, and renewals thereof, under this act shall be accompanied by application fees and such plans, specifications, compliance plans or other information as the secretary deems necessary. Applications shall be submitted on forms provided by the secretary and shall be signed by a responsible official of the source, who shall certify the accuracy of the information submitted.
(c) The issuance or holding of an approval or permit shall not convey any property right or exclusive privilege to the holder thereof.
(d) Without any further action on the part of the secretary, an approval or a permit shall become void and without effect on its expiration date unless a completed application form and any required fee are filed with the secretary on or before the expiration date of the approval or the permit. For purposes of this subsection, the secretary may specify by rule and regulation an amount of time prior to the expiration date of an operating permit by which a complete application form and any required fee must be filed with the secretary in order to be considered timely filed. The secretary may provide for a grace period by rule and regulation.
(e) The secretary may issue by rule and regulation a general approval or permit covering numerous similar sources. Any general approval or permit shall comply with all requirements applicable to approvals or permits under this act. Any source covered by a general approval or permit must apply to the secretary and receive authority to operate under the general approval or permit.
(f) The secretary may fix, charge and collect fees for approvals and permits, and the renewal thereof, to cover all or any part of the cost of administering the provisions of [the] Kansas air quality act, other than K.S.A. 65-3027, and amendments thereto. The secretary shall adopt rules and regulations fixing such fees. The fees shall be deposited in the state treasury and credited to the air quality fee fund established in K.S.A. 65-3024, and amendments thereto, except that if all or any portion of the regulatory services for which a fee is collected under this section is performed by a county, city-county or multicounty health department, that portion of such fee which pertains to such services, as determined by the secretary, shall be credited to the local air quality control authority regulation services fund, which is hereby created in the state treasury, and shall be paid from such fund to such local air quality control authority.
History: L. 1967, ch. 347, § 8; L. 1970, ch. 261, § 8; L. 1974, ch. 352, § 140; L. 1981, ch. 250, § 1; L. 1983, ch. 286, § 3; L. 1984, ch. 313, § 126; L. 1993, ch. 13, § 5; L. 2014, ch. 30, § 3; July 1.
§ 65-3008a Same; public comment and hearing; review
(a) No permit shall be issued, modified, renewed or reopened without first providing the public an opportunity to comment and request a public hearing on the proposed permit action. The request for a public hearing on the issuance of a permit shall set forth the basis for the request and a public hearing shall be held if, in the judgment of the secretary, there is sufficient reason.
(b) The secretary shall affirm, modify or reverse the decision on such permit after the public comment period or public hearing, and shall affirm the issuance of any permit the terms and conditions of which comply with all requirements established by rules and regulations promulgated pursuant to the Kansas air quality act. Any person who participated in the public comment process or the public hearing who otherwise would have standing under K.S.A. 77-611, and amendments thereto, shall have standing to obtain judicial review of the secretary's final action on the permit pursuant to the Kansas judicial review act in the court of appeals. Any such person other than the applicant for or holder of the permit shall not be required to have exhausted administrative remedies in order to be entitled to review. The court of appeals shall have original jurisdiction to review any such final agency action. The record before the court of appeals shall be confined to the agency record for judicial review and consist of the documentation submitted to or developed by the secretary in making the final permit decision, including the permit application and any addenda or amendments thereto, the permit summary, the draft permit, all written comments properly submitted to the secretary, all testimony presented at any public hearing held on the permit application, all responses by the applicant or permit holder to any written comments or testimony, the secretary's response to the public comments and testimony and the final permit.
(c) When determined appropriate by the secretary, the procedures set out in subsection (a) may be required prior to the issuance, modification, renewal or reopening of an approval.
History: L. 1993, ch. 13, § 6; L. 2006, ch. 79, § 1; L. 2009, ch. 141, § 24; L. 2010, ch. 17, § 142; July 1.
§ 65-3008b Same; suspension, revocation, denial, modification, issuance
(a) The secretary may suspend or revoke an approval or a permit if the permittee has violated any provision of the approval or the permit, any provision of this act or any rule and regulation adopted under this act and applicable to the permitted source.
(b) As applicable to the source for which the approval or permit is sought, the secretary may deny an approval or permit, or a renewal thereof, if the applicant fails to: (1) Submit a complete application; or (2) submit an application fee.
(c) The secretary may deny a permit for any proposed new stationary source if the owner or operator of such a source fails to demonstrate to the satisfaction of the secretary that any other stationary source owned or operated by such person, or by any entity controlling, controlled by or under common control with such person, in this state is in compliance, or meeting a schedule for compliance, with all applicable emission limitations and standards under this act and the federal clean air act, and amendments thereto.
(d) The secretary may modify or reopen an approval or a permit for cause. The secretary shall reopen a permit whenever requirements under this act become applicable to a permitted source and three or more years remain on the original term of the permit. Any permit revision incorporating a requirement adopted by the secretary shall be effective as soon as practicable, but not later than 18 months after the promulgation of the requirement by the United States environmental protection agency.
(e) Within 15 days after the issuance of a notice of intent to take any action authorized by subsection (a), (b), (c) or (d), or within 15 days after the secretary's written decision to affirm, modify or reverse a permit decision pursuant to subsection (b) of K.S.A. 65-3008a, the permittee may file a request for a hearing with the secretary. Each such notice of intent shall specify the provision of this act or rule and regulation allegedly violated, the facts constituting the alleged violation and the secretary's intended action. Each notice of intent or written decision to affirm, modify or reverse a permit decision shall state the permittee's right to request a hearing. Such hearing shall be conducted in accordance with the Kansas administrative procedure act.
(f) The filing of a request by the permittee for an approval or permit modification, revocation or amendment, or the filing by the permittee of a notification of planned changes or anticipated noncompliance, does not stay any approval or permit condition.
(g) No permit shall be issued, modified, amended, revised or renewed unless the United States environmental protection agency has certified that such permit complies with the requirements of the federal clean air act, except that a permit may be issued if the United States environmental protection agency has not notified the secretary of the United States environmental protection agency's decision within 45 days after receipt of the proposed permit by such agency.
(h) The secretary shall issue or deny the permit (including requests for modification or to reopen the permit):
(1) Within three years of the date the United States environmental protection agency approves the state permitting program pursuant to the provisions of the federal clean air act, as amended in November 1990, for permit applications submitted within the first full year after such date;
(2) pursuant to the time schedule provided by title IV (acid rain) of the 1990 amendments to the federal clean air act, for air contaminant emission sources subject to that title; or
(3) within 18 months after receiving a complete application, in all other cases.
(i) Failure of the secretary to issue or deny the permit, or grant or deny a request to modify or reopen the permit, within the period stated in subsection (h) shall not result in the default issuance of a permit, permit amendment, permit modification or permit renewal nor shall such failure result in any other entity assuming jurisdiction to act on the permit or the request.
History: L. 1993, ch. 13, § 7; March 25.
§ 65-3009 Inspections
The secretary may designate competent representatives who may enter and inspect any property, premise or place at any reasonable time for the purpose of investigating either an actual or possible source of air pollution or of ascertaining the state of compliance with this act and regulations in force pursuant thereto. No person shall refuse entry or access to any authorized representative of the secretary who requests entry for purposes of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection. If requested, the owner or operator of the premises shall receive a report setting forth levels of emissions and any other facts found which relate to compliance status.
History: L. 1967, ch. 347, § 9; L. 1970, ch. 261, § 9; L. 1974, ch. 352, § 141; July 1.
§ 65-3010 Emission control requirements
(a) The secretary shall establish emission control requirements, and requirements for open burning (including appropriate prohibition thereof). Such requirements may be either for such areas as a whole or may vary from area to area, as may be appropriate to facilitate accomplishment of the purposes of this act and in order to take necessary or desirable account of varying local conditions. Any emission which does not conform to a requirement in force pursuant to this subsection shall constitute a violation of this act.
(b) Every local air quality conservation program that is established pursuant to K.S.A. 65-3016, as amended, shall be in compliance with the rules and regulations set forth for that area by the secretary.
(c) Variations from the requirements of subsection (b) of this section may be included in a local air quality conservation program only after approval by the secretary, following demonstration to the satisfaction of the secretary that the proposed requirements are not less stringent than the standards and requirements established by the secretary and are otherwise consistent with the purposes of this act. Any requirement placed in force pursuant to this subsection shall be preceded by public hearing. The secretary, upon evidence that conditions have changed or that additional or other information is relevant to a decision with respect to the emission control or open burning requirements concerned may, after public hearing, withdraw any approval previously given to a local requirement pursuant to this subsection.
(d) The secretary shall establish reasonable ambient air quality standards for the state as a whole, or any part thereof, and shall require the emission control requirements of any local program to be consistent with such standards in addition to meeting any other requirements pursuant to this section.
History: L. 1967, ch. 347, § 10; L. 1970, ch. 261, § 10; L. 1974, ch. 352, § 142; July 1.
§ 65-3011 Enforcement; procedure
(a) If the secretary or the director of the division of environment finds that any person has violated any provision of any approval, permit or compliance plan or any provision of this act or any rule and regulation promulgated under this act, the secretary may issue an order finding such person in violation of the act and directing the person to take such action as necessary to correct the violation. Any order issued shall specify the length of time after receipt of the order during which the person must correct the violations.
(b) Any person to whom an order is issued pursuant to subsection (a) may request a hearing within 15 days after service of the order. Hearings before the secretary shall be conducted in accordance with the Kansas administrative procedure act.
History: L. 1967, ch. 347, § 11; L. 1970, ch. 261, § 11; L. 1974, ch. 352, § 143; L. 1988, ch. 356, § 201; L. 1993, ch. 13, § 9; March 25.
§ 65-3012 Action to protect health or environment; judicial review procedures
(a) Upon receipt of evidence that emissions from an air pollution source or combination of air pollution sources presents: (1) An imminent and substantial endangerment to public health or welfare or to the environment; or (2) for an imminent or actual violation of this act, any rules and regulations adopted under this act, any orders issued under this act or any permit conditions required by this act, the secretary may issue a temporary order not to exceed seven days in duration, directing the owner or operator, or both, to take such steps as necessary to prevent the act or eliminate the practice.
(b) Upon issuance of the temporary order, the secretary may commence an action in the district court to enjoin acts or practices specified in subsection (a) or request the attorney general or appropriate county or district attorney to commence an action to enjoin those acts or practices.
(c) The secretary may bring suit in any court of competent jurisdiction to immediately restrain the acts or practices specified in subsection (a). An action for injunction under this subsection shall have precedence over other cases in respect to order of trial.
(d) The owner or operator, or both, aggrieved by an order of the secretary issued pursuant to this section shall be immediately entitled to judicial review of such agency action by filing a petition for judicial review in district court. The aggrieved party shall not be required to exhaust administrative remedies. A petition for review under this subsection shall have precedence over other cases in respect to order of trial.
History: L. 1967, ch. 347, § 12; L. 1970, ch. 261, § 12; L. 1974, ch. 352, § 144; L. 1993, ch. 13, § 12; L. 2009, ch. 141, § 25; May 28.
§ 65-3013 Variances; hearing
(a) Any person who owns or is in control of any plant, building, structure, process or equipment may apply to the secretary for a variance from rules and regulations governing the quality, nature, duration or extent of emissions. The application shall be accompanied by such information and data as the secretary may reasonably require. The secretary may grant such variance if the secretary finds that:
(1) The emissions occurring or proposed to occur do not endanger or tend significantly to endanger human health or safety; and
(2) Compliance with the rules and regulations from which variance is sought would produce serious hardships without equal or greater benefits to the public.
(b) No variance shall be granted pursuant to this section except after public hearing on due notice and until the secretary has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.
(c) Any variance or renewal thereof shall be granted within the requirements of subsection (a) and for time periods and under conditions consistent with the reasons therefor, and within the following limitations:
(1) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement or control of the air pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available and subject to the taking of any substitute or alternate measures that the secretary may prescribe.
(2) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as the secretary finds is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable.
(3) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subsections (c)(1) and (2), it shall be for not more than one year.
(d) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the secretary on account of the variance, no renewal thereof shall be granted, unless following public hearing on the complaint on due notice, the secretary finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least 60 days prior to the expiration of the variance. Immediately upon receipt of an application for renewal the secretary shall give public notice of such application in accordance with rules and regulations of the secretary.
(e) A variance or renewal shall not be a right of the applicant or holder thereof but shall be in the discretion of the secretary. Within 15 days after the secretary's written decision to grant or deny a variance or renewal thereof, the applicant or holder of a variance or renewal may file a request for a hearing with the secretary. Such hearing shall be conducted in accordance with the Kansas administrative procedure act. However, any person who participated in the public comment process or the public hearing or who otherwise would have standing under K.S.A. 77-611, and amendments thereto, and is adversely affected by any final action of the secretary pursuant to this section shall have standing to obtain judicial review of the secretary's final action on the variance or renewal in the court of appeals. Any such person other than the applicant for or holder of the permit shall not be required to have exhausted administrative remedies in order to be entitled to review. The court of appeals shall have original jurisdiction to review any such final agency action. The record before the court of appeals shall be confined to the agency record for judicial review and consist of the documentation submitted to or developed by the secretary in making the final variance or renewal decision, including the variance or renewal application and any addenda or amendments thereto, the variance or renewal summary, the draft variance or renewal, all written comments properly submitted to the secretary, all testimony presented at any public hearing held on the variance or renewal application, all responses by the applicant or holder of a variance or renewal to any written comments or testimony, the secretary's response to the public comments and testimony and the final variance or renewal.
(f) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of K.S.A. 65-3012, and amendments thereto, to any person or any person's property.
History: L. 1967, ch. 347, § 13; L. 1970, ch. 261, § 13; L. 1974, ch. 352, § 145; L. 1986, ch. 318, § 93; L. 1988, ch. 356, § 202; L. 2006, ch. 79, § 2; April 13.
§ 65-3014 Repealed
History: L. 1967, ch. 347, § 14; L. 1970, ch. 261, § 14; L. 1974, ch. 352, § 146; L. 1986, ch. 318, § 94; Repealed, L. 1993, ch. 13, § 18; March 25.
§ 65-3015 Records and information open; trade secret exception
(a) Except as provided in subsection (b), any records, reports or information obtained pursuant to this act shall be available to the public.
(b) Upon a showing satisfactory to the secretary by any person that records, reports or information, or a particular part thereof (other than emission data), to which the secretary has access under this act, if made public, would divulge methods or processes entitled to protection as trade secrets of such person under the uniform trade secrets act (K.S.A. 60-3320 et seq., and amendments thereto), the secretary shall consider such record, report or information, or particular portion thereof, confidential, except that: (1) Such record, report or information may be disclosed to officers, employees or authorized representatives of the United States government concerned with carrying out responsibilities under the federal clean air act and amendments thereto; and (2) this subsection shall not apply to any provision in any air quality approval or permit issued by the secretary and the public shall have access to such approvals and permits in their entirety.
History: L. 1967, ch. 347, § 15; L. 1970, ch. 261, § 15; L. 1973, ch. 254, § 1; L. 1974, ch. 352, § 147; L. 1993, ch. 13, § 13; L. 2005, ch. 67, § 7; July 1.
§ 65-3015a Repealed
History: L. 1970, ch. 261, § 20; Repealed, L. 1973, ch. 254, § 2; July 1.
§ 65-3016 Local air quality conservation programs
Any city, county, city and county, or any combination of two (2) or more cities, counties or cities and counties are authorized to conduct tests and surveys to determine the degree of purity of the air within its jurisdiction, and may request consultation, technical assistance and cooperation from the secretary in conducting such tests and surveys. If such tests and surveys indicate that unsatisfactory air quality exists, is likely to exist or is likely to occur, the governing body of said city or county shall have the authority, upon approval of the secretary, to establish a local air quality conservation authority: Provided, That no local air quality conservation authority shall be so approved, except after a public hearing as provided in this act. Any local air quality conservation authority which was in existence prior to May 1, 1967, may apply to the secretary for approval as a local air quality conservation authority hereunder. In approving or disapproving the formation of a local air quality conservation authority, the secretary shall determine: (1) The need for a local air quality conservation authority in the jurisdiction proposed; (2) the likely ability of the local air quality conservation authority, as proposed, to maintain satisfactory air quality in its jurisdiction; and (3) whether or not the jurisdiction of the proposed local air quality conservation authority completely contains the affected area.
Local air quality control authorities shall have authority to enforce the rules, regulations and standards adopted by the secretary and to establish such additional rules, regulations and standards as necessary to maintain satisfactory air quality within their jurisdiction: Provided, That any rule, regulation or standard established by a local air quality conservation authority pertaining to health hazard shall be in compliance with the rules and regulations set forth for that area by the secretary: Provided further, That until the secretary shall adopt rules, regulations and standards respecting any area within the jurisdiction of a local air quality conservation authority, the rules, regulations and standards of such local authority respecting said area or areas shall have full force and effect without approval thereof by the secretary.
Upon the establishment of a local air quality conservation authority, such authority and the secretary shall have concurrent jurisdiction over the local area with power and authority to maintain adequate air quality in accordance with the rules, regulations and standards adopted by the secretary.
When two (2) or more cities, two (2) or more counties or a city and a county, or any combination thereof, are affected by a common air mass of unsatisfactory quality and the respective local air quality control authorities, if such exist, are for any reason unable to agree upon a solution or settlement to such air quality problem, the secretary shall, after review and investigation, render decisions and make findings in settlement thereof.
History: L. 1967, ch. 347, § 16; L. 1970, ch. 261, § 16; L. 1974, ch. 352, § 148; July 1.
§ 65-3017 Motor vehicle pollution
(a) As the state of knowledge and technology relating to the control of emissions from motor vehicles may permit or make appropriate, and in furtherance of the purposes of this act, the secretary may provide by rules and regulations for the control of emissions from motor vehicles. Such rules and regulations may prescribe requirements for the installation and use of equipment designed to reduce or eliminate emissions and for the proper maintenance of such equipment and of vehicles. Any rules or regulations pursuant to this section shall be consistent with provisions of federal law or regulations, if any, relating to control of emissions from the vehicles concerned. The secretary shall not require, as a condition precedent to the initial sale of a vehicle or vehicular equipment, the inspection, certification or other approval of any feature or equipment designed for the control of emissions from motor vehicles, if such feature or equipment has been certified, approved or otherwise authorized pursuant to federal law.
(b) As used in this section "motor vehicle" shall have the same meaning as in K.S.A. 8-1437.
History: L. 1967, ch. 347, § 17; L. 1970, ch. 261, § 17; L. 1974, ch. 352, § 149; L. 1975, ch. 33, § 8; L. 1976, ch. 52, § 4; July 1.
§ 65-3018 Administrative fines
(a) The secretary or the director of the division of environment, upon a finding that a person has violated any provision of K.S.A. 65-3025 and amendments thereto, may impose a penalty not to exceed $10,000 which shall constitute an actual and substantial economic deterrent to the violation for which it is assessed. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except after notice of violation and opportunity for hearing upon the written order of the secretary or the director of the division of environment issued to the person who committed the violation. The order shall state the violation, the penalty to be imposed and the right to request a hearing thereon. The request for hearing shall be in writing, directed to the secretary and filed with the secretary within 15 days after service of the order. Hearings under this section shall be conducted in accordance with the Kansas administrative procedure act.
(c) Nothing in this act shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.
History: L. 1967, ch. 347, § 18; L. 1970, ch. 261, § 18; L. 1974, ch. 352, § 150; L. 1993, ch. 13, § 14; March 25.
§ 65-3019 Application of act; limitations
Nothing in this act shall be construed to:
(a) Grant the secretary any jurisdiction or authority with respect to air contamination existing solely within commercial and industrial plants, works and shops.
(b) Affect the relations between employers and employees.
(c) Supersede or limit the applicability of any law or ordinance relating to industrial health, safety or sanitation.
History: L. 1967, ch. 347, § 19; L. 1970, ch. 261, § 19; L. 1974, ch. 352, § 151; July 1.
§ 65-3020 Severability
If any clause, paragraph, subsection or section of this act shall be held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such clause, paragraph, subsection or section.
History: L. 1967, ch. 347, § 20; May 2.
§ 65-3021 Power generation facility; impact upon air quality; definitions
As used in this act the following terms shall have the meanings ascribed to them herein:
(a) "Power generation facility" means any physical plant used for the production or generation of electricity, or coal gasification facility.
(b) "Secretary" means the secretary of health and environment.
(c) "Person" means any individual, company, corporation, institution, municipality, township, county, state agency or federal agency.
History: L. 1978, ch. 352, § 1; July 1.
§ 65-3022 Same; determining and monitoring of power generation facilities environmental impact; programs for; fees; rules and regulations
In order to defray costs in determining and monitoring the environmental impact of power generation facilities with respect to air quality and, in the case of nuclear powered generation facilities, the overall radiological impact thereof, the secretary is authorized and directed to adopt rules and regulations to provide for the establishment of fees and for the collection thereof from each such facility. Such fees shall be determined and collected annually, and such determination shall be based upon the size and type of such facilities. In establishing programs for determining and monitoring environmental impact, the secretary shall take into consideration monitoring programs conducted by other persons and where possible avoid duplication of effort and expense. The secretary may also provide for quality review and evaluation of monitoring conducted by other persons in order to further the objectives of this act and to determine the extent and necessity of monitoring programs to be conducted by the department of health and environment.
History: L. 1978, ch. 352, § 2; July 1.
§ 65-3023 Same; fees; disposition of moneys; power generating facility fee fund created
The secretary shall remit all moneys received from fees under K.S.A. 65-3022, and amendments thereto, 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 power generating facility fee fund, which fund is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
History: L. 1978, ch. 352, § 3; L. 1983, ch. 286, § 4; L. 2001, ch. 5, § 242; July 1.
§ 65-3024 Emissions fees
(a) The secretary may fix, charge and collect annual emissions fees in amounts necessary to pay the direct and indirect costs of administering the provisions of the Kansas air quality act. The secretary shall adopt rules and regulations fixing such fees and shall periodically increase or decrease such fees consistent with the need to cover the direct and indirect costs of administering the program. To the extent possible, annual emission fees shall be based upon actual emissions determined pursuant to rules and regulations adopted by the secretary. For purposes of determining emission fees for a facility, emissions of any single regulated pollutant in excess of 4,000 tons per year shall not be included in the calculation when determining the total emissions from the facility.
(b) There is hereby established in the state treasury the air quality fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Fees collected under subsection (a);
(2) any moneys recovered by the state under the provisions of this act, including permit and approval fees collected under K.S.A. 65-3008, and amendments thereto, administrative expenses, civil penalties and moneys paid under any agreement, stipulation or settlement; and
(3) interest attributable to investment of moneys in the fund.
(c) Moneys deposited in the fund shall be expended only for the purpose of administering the Kansas air quality act, including funding of a technical and environmental compliance assistance program, and for no other governmental purposes.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the air quality fee fund interest earnings based on:
(1) The average daily balance of moneys in the air quality fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(e) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History: L. 1993, ch. 13, § 8; L. 1996, ch. 253, § 13; L. 2014, ch. 30, § 4; July 1.
§ 65-3025 Unlawful acts
It shall be unlawful for any person to do any of the following:
(a) Violate any provision of an order issued under this act.
(b) Violate any provision of an approval or permit issued under this act.
(c) Violate any provision of this act or any rule and regulation promulgated under this act, unless the secretary makes a determination relating to the permittee that the specified provisions referred to in such determination are not applicable to the source and the permit includes that determination or a concise summary thereof. Compliance with the provisions of a permit shall be deemed compliance with applicable provisions of this act or any rule and regulation promulgated under this act if the permit includes the applicable requirements of such provisions. Nothing in this subsection (c) or in any permit shall alter or affect: (1) The provisions of section 303 of the federal clean air act (emergency orders), including the authority of the administrator of the United States environmental protection agency under that section; (2) the provisions of K.S.A. 65-3012 and amendments thereto; (3) the liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; (4) the applicable requirements of the acid rain program consistent with section 408a of the federal clean air act; (5) the ability of the United States environmental protection agency to obtain information from a source pursuant to section 114 of the federal clean air act; or (6) the ability of the secretary to obtain information from a source pursuant to this act.
(d) Construct, modify, alter, use or operate an air contaminant emission stationary source without an approval or permit allowing such construction, modification, alteration, use or operation.
(e) At any time, refuse or hinder entry, inspection, sampling or examination or copying of records related to the purposes of this act by an agent or employee of the secretary after such agent or employee identifies and gives notice of the agent's or employee's purpose.
(f) Fail to pay any fee required by this act or rules and regulations promulgated under this act.
(g) Knowingly make any false material statement, representation or certification in any application, record, report, permit or other document filed, maintained or used for purposes of compliance with this act.
(h) Knowingly destroy, alter or conceal any record required to be maintained under rules and regulations promulgated by the secretary under this act.
History: L. 1993, ch. 13, § 10; March 25.
§ 65-3026 Criminal penalties
(a) Violation of any provision of subsections (a) through (f) of K.S.A. 65-3025, and amendments thereto, is a class A nonperson misdemeanor.
(b) Knowingly violating any provision of K.S.A. 65-3025 is a severity level 10, nonperson felony.
(c) In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(d) The county or district attorney of every county shall file appropriate actions for enforcement of this section upon request of the secretary or upon the county or district attorney's own motion after consultation with the secretary.
History: L. 1993, ch. 13, § 11; L. 1995, ch. 251, § 19; July 1.
§ 65-3027 Small business assistance program; compliance advisory panel
(a) There is hereby created the small business stationary source technical and environmental compliance assistance program, to be administered by the secretary. The program shall include each of the following:
(1) Adequate mechanisms for developing, collecting and coordinating information concerning compliance methods and technologies for small business stationary sources and programs to encourage lawful cooperation among such sources and other persons to further compliance with this act.
(2) Adequate mechanisms for assisting small business stationary sources with pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes, products and methods of operation that help reduce air pollution.
(3) A designated office within the Kansas department of health and environment, reporting directly to the secretary, to serve as ombudsman for small business stationary sources in connection with implementation of this act.
(4) A compliance assistance program for small business stationary sources which assists small business stationary sources in determining applicable requirements and in receiving permits under this act in a timely and efficient manner.
(5) Adequate mechanisms to assure that small business stationary sources receive notice of their rights under this act in such manner and form as to assure reasonably adequate time for such sources to evaluate compliance methods and any relevant or applicable proposed or final rule and regulation or standard adopted under this act.
(6) Adequate mechanisms for informing small business stationary sources of their obligations under this act, including mechanisms for referring such sources to qualified auditors or for providing audits of the operations of such sources to determine compliance with this act.
(7) Procedures for consideration of requests from a small business stationary source for modification of: (A) Any work practice or technological method of compliance; or (B) the schedule of milestones for implementing such work practice or method of compliance preceding any applicable compliance date, based on the technological and financial capability of any such small business stationary source. No such modification may be granted unless it is in compliance with the applicable requirement of this act and rules and regulations promulgated hereunder.
(b) "Small business stationary source" means a stationary air contaminant emission source that:
(1) Is owned or operated by a person that employs 100 or fewer individuals;
(2) is a small business concern as defined in the federal small business act;
(3) is not a major stationary source;
(4) does not emit 50 tons or more per year of any regulated air contaminant; and
(5) emits less than 75 tons per year of all regulated air contaminants.
(c) Upon petition by a source, the secretary, after notice and opportunity for public comment, may include as a small business stationary source for purposes of this section any stationary source which does not meet the criteria of subsection (b)(3), (4) or (5) but which does not emit more than 100 tons per year of all regulated air contaminants.
(d) The secretary may exclude from the small business stationary source definition any category or subcategory of sources that the administrator of the United States environmental protection agency determines to have sufficient technical and financial capabilities to meet the requirements of the federal clean air act without the application of this program, as provided by section 507(c)(3)(A) of the 1990 amendments to the federal clean air act.
(e) The secretary, in consultation with the administrator of the United States environmental protection agency and the administrator of the United States small business administration and after providing notice and the opportunity for public hearing, may exclude from the small business stationary source definition any category or subcategory of sources that the secretary determines to have sufficient technical and financial capabilities to meet the requirements of the act without the application of this section.
(f) There is hereby created a compliance advisory panel composed of seven individuals. The compliance advisory panel shall:
(1) Render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered and degree and severity of enforcement;
(2) make periodic reports to the administrator of the United States environmental protection agency concerning compliance of the small business stationary source technical and environmental compliance assistance program with the requirements of the federal paperwork reduction act, the regulatory flexibility act and the equal access to justice act;
(3) review information for small business stationary sources to assure such information is understandable by the layperson; and
(4) have the small business stationary source technical and environmental compliance assistance program serve as the secretariat for the development and dissemination of such reports and advisory opinions.
(g) The compliance advisory panel shall consist of:
(1) Two members who are not owners, or representatives of owners, of small business stationary sources, appointed by the governor to represent the general public;
(2) two members who are owners, or who represent owners, of small business stationary sources, one appointed by the speaker and one appointed by the minority leader of the Kansas house of representatives;
(3) two members who are owners, or who represent owners, of small business stationary sources, one appointed by the president and one appointed by the minority leader of the Kansas senate; and
(4) one member appointed by the secretary to represent the department of health and environment.
(h) Members of the compliance advisory panel serving on the effective date of this act by appointment by the governor, the speaker of the house of representatives or the president of the senate shall serve for terms ending June 30, 1998; members serving on the effective date of this act by appointment by the minority leader of the house of representatives, the minority leader of the senate or the secretary of health and environment shall serve for terms ending June 30, 1997. Upon expiration of such terms, the term of each member appointed to a vacancy created by expiration of a term shall be two years commencing on July 1 immediately following expiration of the term of the member's predecessor. Any vacancy occurring on the panel shall be filled for the unexpired term by appointment by the original appointing authority.
(i) A chairperson shall be elected annually by the members of the compliance advisory panel. A vice-chairperson shall be designated by the chairperson to serve in the absence of the chairperson.
(j) The secretary may reduce any fee required by this act for any classification of small business sources to take into account the financial resources of such classification.
History: L. 1993, ch. 13, § 15; L. 1997, ch. 18, § 1; April 3.
§ 65-3028 Rules and regulations continued in effect
All rules and regulations promulgated pursuant to K.S.A. 65-3001 et seq., and amendments thereto, in existence on the effective date of this act shall continue to be effective until revised, amended, repealed or nullified pursuant to law.
History: L. 1993, ch. 13, § 16; March 25.
§ 65-3029 Duties of secretary; approval of prevention of significant deterioration permit
(a) The secretary shall timely approve a prevention of significant deterioration permit (PSD) to sunflower electric power corporation to be issued consistent with the settlement agreement executed May 4, 2009, by sunflower electric power corporation and the governor of the state of Kansas to resolve all claims or causes of action, or both, pending before various courts and administrative agencies consistent with article V of the settlement agreement.
(b) This section shall be part of and supplemental to the Kansas air quality act.
History: L. 2009, ch. 141, § 42; May 28.
§ 65-3030 Severability clause
The provisions of this act [*] are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this act.
History: L. 2009, ch. 141, § 43; May 28.
§ 65-3031 Electric generating units; carbon dioxide emissions standards; submission of state plan by secretary to environmental protection agency; review by study committee and attorney general; agency implementation, limitations
(a) In accordance with the requirements of the environmental protection agency's rulemaking pursuant to docket EPA-HQ-OAR-2013-0602, the secretary may develop and submit to the environmental protection agency a state plan for compliance with the regulation of carbon dioxide from any affected or existing electric generating units pursuant to 42 U.S.C. § 7411. The secretary of health and environment may establish separate standards of performance for carbon dioxide emissions based upon: (1) The best system of emission reduction that has been adequately demonstrated while considering the cost of achieving such reduction;
(2) reductions in emissions of carbon dioxide that can reasonably be achieved through measures taken at each electric generating unit; and
(3) efficiency improvements to any affected electric generating unit and other measures that can be undertaken at each electric generating unit to reduce carbon dioxide emissions without any requirements for fuel switching, co-firing with other fuels or limiting the utilization of the unit.
(b) In establishing any standard of performance for any existing electric generating unit pursuant to this section, the secretary may consider alternative standards and metrics or may provide alternative compliance schedules than those provided by federal rules or regulations by evaluating: (1) Unreasonable costs of achieving an emission limitation due to plant age, location or the design of an electric generating unit;
(2) any unusual physical or compliance schedule difficulties or impossibility of implementing emission reduction measures;
(3) the cost of applying the performance standard to an electric generating unit;
(4) the remaining useful life of an electric generating unit;
(5) any economic or electric transmission and distribution impacts resulting from closing the electric generating unit if compliance with the performance standard is not possible; and
(6) the potential for a standard of performance relating to unit efficiency, including any requirements for a new source review or the application of a best available control technology emission limitation for any criteria pollutant as a condition of receiving a permit or authorization for the project.
(c) The secretary may implement such standards through flexible regulatory mechanisms, including the averaging of emissions, emissions trading or other alternative implementation measures that the secretary determines to be in the interest of Kansas. The secretary may enter into voluntary agreements with utilities that operate fossil-fuel based electric generating units within Kansas to implement such carbon dioxide emission standards. Such agreements may aggregate the carbon dioxide emissions levels from electric resources in this state, including coal, petroleum, natural gas or renewable energy resources as defined in K.S.A. 66-1257, and amendments thereto, that are owned, operated or utilized by power purchase agreements by utilities for purposes of determining compliance with such carbon dioxide emission standards.
(d) The secretary and the state corporation commission shall enter into a memorandum of understanding concerning implementation of the requirements and responsibilities under the Kansas air quality act.
(e) (1) The secretary shall submit to the clean power plan implementation study committee:
(A) A plan to investigate, review and develop a state plan no later than the first week of November 2015;
(B) information on any final rule adopted by the environmental protection agency under docket EPA-HQ-OAR-2013-0602 no later than February 1, 2016; and
(C) any information requested by the chairperson.
(2) The state corporation commission shall submit information to the clean power plan implementation study committee concerning:
(A) Each utility's re-dispatch options along with the cost of each option;
(B) the lowest possible cost re-dispatch options on a state-wide basis; and
(C) the impact of each re-dispatch option on the reliability of Kansas' integrated electric systems.
(f) The secretary shall present any proposed state plan proposed for submission to the environmental protection agency to the clean power plan implementation study committee for review and input pursuant to K.S.A. 66-1285, and amendments thereto, at least 30 days prior to submission of such a plan to the environmental protection agency or any other federal agency. If a proposed plan is disapproved by the clean power plan implementation study committee, the secretary shall resubmit a revised plan to the study committee. The secretary may submit any proposed plan to the environmental protection agency that has been submitted to the study committee and that has not been disapproved by the committee within 30 days of the committee receiving such proposed plan.
(g) Notwithstanding review by the clean power plan implementation study committee of the submission of a state plan to the environmental protection agency, further action by the secretary to implement or enforce the final approved state plan is dependent upon the final adoption of the federal emission guidelines. If the federal emission guidelines are not adopted or are adopted and subsequently suspended, vacated, in whole or in part, or held to not be in accordance with the law, the secretary shall suspend or terminate, as appropriate, further action to implement or enforce the state plan.
(h) Notwithstanding any other provision of law, prior to submitting any state plan to the environmental protection agency, the secretary shall: (1) Submit such state plan as proposed rules and regulations pursuant to K.S.A. 77-415 et seq., and amendments thereto. Such submission shall be expedited by any agency reviewing such proposed rules and regulations pursuant to K.S.A. 77-415 et seq., and amendments thereto;
(2) request a review of the proposed state plan by the office of the attorney general. The attorney general review may certify to the secretary that the plan will not hinder, undermine or in any way harm the position of the state of Kansas in any current or pending litigation relating to the environmental protection agency docket EPA-HQ-OAR-2013-0602. The attorney general shall also review the proposed state plan concerning any impacts on the protections guaranteed by the constitutions of the United States or the state of Kansas; and
(3) not submit a state plan if the attorney general review indicates that the proposed plan would adversely impact the state's legal position in any current or pending litigation relating to the environmental protection agency docket EPA-HQ-OAR-2013-0602 or if the attorney general review indicates that the proposed state plan adversely impacts protections guaranteed by the constitutions of the United States or the state of Kansas.
(i) The secretary shall be responsible for submitting a state plan to the environmental protection agency in a timely manner. Notwithstanding any other provision of this act, the secretary shall prepare and submit any request for an extension of time to file a state plan, if necessary, an interim state plan or a final state plan to the environmental protection agency. Any interim or final state plan shall be submitted by the secretary no less than four calendar days prior to the federal submission deadline, or extended submission deadline, established by the environmental protection agency. Any final state plan submitted to the environmental protection agency may only be submitted if the secretary has previously submitted such plan for review by the clean power plan implementation study committee pursuant to this act.
(j) Due to the February 9, 2016, stay issued by the United States supreme court, all state agency activities, studies and investigations in furtherance of the preparation of an initial submittal or the evaluation of any options for the submission of a final state plan pursuant to the environmental protection agency docket EPA-HQ-OAR-2013-0602, codified as 40 C.F.R. part 60, shall be suspended until the stay is lifted. Nothing in this subsection shall be construed so as to restrict the ability of a state agency from communicating with, or providing information to, other state agencies in furtherance of any of the agency's statutory obligations.
(k) This section shall be part of and supplemental to the Kansas air quality act.
History: L. 2014, ch. 64, § 1; L. 2015, ch. 74, § 1; L. 2016, ch. 48, § 3; May 19.
Article 31 Interstate Compact on Mental Health
§ 65-3101 Interstate compact on mental health
The interstate compact on mental health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:
INTERSTATE COMPACT ON MENTAL HEALTH
The contracting states solemnly agree that:
Article I.
The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.
Article II.
As used in this compact:
(a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.
(b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.
(c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.
(d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.
(e) "Aftercare" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.
(f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.
(g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinic authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.
(h) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Article III.
(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications.
(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.
(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.
Article IV.
(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.
Article V.
Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.
Article VI.
The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.
Article VII.
(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.
Article VIII.
(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances: Provided, however, That in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
(b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.
Article IX.
(a) No provision of this compact except article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.
Article X.
(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.
(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.
Article XI.
The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.
Article XII.
This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.
Article XIII.
(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.
(b) Withdrawal from any agreement permitted by article VII(b) as to costs or from any supplementary agreement made pursuant to article XI shall be in accordance with the terms of such agreement.
Article XIV.
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstances shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
History: L. 1967, ch. 479, § 1; July 1.
§ 65-3102 Mental health compact; administrator
Pursuant to said compact, the director of institutions shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this state thereunder.
History: L. 1967, ch. 479, § 2; July 1.
§ 65-3103 Same; supplementary agreements
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
History: L. 1967, ch. 479, § 3; July 1.
§ 65-3104 Same; financing
The compact administrator, subject to the approval of the state director of accounts and reports, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
History: L. 1967, ch. 479, § 4; July 1.
§ 65-3105 Same; required preliminary steps to transfer
The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the court of commitment if the proposed transferee is in an institution pursuant to an order of a court.
History: L. 1967, ch. 479, § 5; July 1.
§ 65-3106 Same; transmittal of act to other states and officials
Duly authorized copies of this act shall, upon its approval be transmitted by the secretary of state to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.
History: L. 1967, ch. 479, § 6; July 1.
Article 32 Anatomical Gifts and Organ Transplantation
§§ 65-3201 through 65-3208 Repealed
History: L. 1968, ch. 63, §§ 1 to 8; Repealed, L. 1969, ch. 301, § 10; July 1.
§ 65-3209 Repealed
History: L. 1969, ch. 301, § 1; Repealed, L. 2007, ch. 127, § 33; July 1.
§ 65-3210 Repealed
History: L. 1969, ch. 301, § 2; L. 1994, ch. 256, § 2; Repealed, L. 2007, ch. 127, § 33; July 1.
§ 65-3211 Repealed
History: L. 1969, ch. 301, § 3; Repealed, L. 2007, ch. 127, § 33; July 1.
§ 65-3212 Repealed
History: L. 1969, ch. 301, § 4; L. 1994, ch. 256, § 3; Repealed, L. 2007, ch. 127, § 33; July 1.
§§ 65-3213, 65-3214 Repealed
History: L. 1969, ch. 301, §§ 5, 6; L. 1994, ch. 256, §§ 4, 5; Repealed, L. 2007, ch. 127, § 33; July 1.
§ 65-3215 Repealed
History: L. 1969, ch. 301, § 7; Repealed, L. 2007, ch. 127, § 33; July 1.
§§ 65-3216, 65-3217 Repealed
History: L. 1969, ch. 301, §§ 8, 9; Repealed, L. 2007, ch. 127, § 33; July 1.
§ 65-3218 Repealed
History: L. 1986, ch. 227, § 1; Repealed, L. 2007, ch. 127, § 33; July 1.
§ 65-3219 Transferred
Revisor's Note: Transferred to 65-3239.
§ 65-3220 Short title
This act may be cited as the revised uniform anatomical gift act.
History: L. 2007, ch. 127, § 1; July 1.
§ 65-3221 Definitions
In this act:
(1) "Adult" means an individual who is at least 18 years of age.
(2) "Agent" means an individual:
(A) Authorized to make health-care decisions on the principal's behalf by a power of attorney for health care; or
(B) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.
(3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.
(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than this act, a fetus.
(5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under K.S.A. 65-3230, and amendments thereto.
(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.
(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.
(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.
(9) "Driver's license" means a license or permit issued by the division of motor vehicles of the department of revenue to operate a vehicle, whether or not conditions are attached to the license or permit.
(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.
(12) "Healthcare provider" means the same as such term is defined in K.S.A. 40-3401, and amendments thereto.
(13) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. The term includes an ambulatory surgical center and recuperation center.
(14) "Identification card" means an identification card issued by the division of motor vehicles of the department of revenue.
(15) "Know" means to have actual knowledge.
(16) "Minor" means an individual who is under 18 years of age.
(17) "Organ procurement organization" means a person designated by the secretary of the United States department of health and human services as an organ procurement organization.
(18) "Parent" means a parent whose parental rights have not been terminated.
(19) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.
(20) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(21) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.
(22) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.
(23) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.
(24) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
(25) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.
(26) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(27) "Refusal" means a record created under K.S.A. 65-3226, and amendments thereto, that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.
(28) "Sign" means with the present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic symbol, sound, or process.
(29) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(30) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.
(31) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.
(32) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.
(33) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
History: L. 2007, ch. 127, § 2; L. 2018, ch. 31, § 5; July 1.
§ 65-3222 Applicability
This act applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
History: L. 2007, ch. 127, § 3; July 1.
§ 65-3223 Who may make anatomical gift before donor's death
Subject to K.S.A. 65-3227, and amendments thereto, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in K.S.A. 65-3224, and amendments thereto, by:
(1) The donor, if the donor is an adult or if the donor is a minor and is:
(A) Emancipated; or
(B) authorized under state law to apply for a driver's license or nondriver identification card because the donor is at least 16 years of age;
(2) an agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;
(3) a parent of the donor, if the donor is an unemancipated minor; or
(4) the donor's guardian.
History: L. 2007, ch. 127, § 4; July 1.
§ 65-3224 Manner of making anatomical gift before donor's death
(a) A donor may make an anatomical gift:
(1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2) in a will;
(3) during a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or
(4) as provided in subsection (b).
(b) A donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in paragraph (1).
(c) Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
History: L. 2007, ch. 127, § 5; July 1.
§ 65-3225 Amending or revoking anatomical gift before donor's death; first person consent organ and tissue donor registry
(a) Subject to K.S.A. 65-3227, and amendments thereto, a donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, may amend or revoke an anatomical gift by:
(1) A record signed by:
(A) The donor;
(B) the other person; or
(C) subject to subsection (b), another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2) a later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b) A record signed pursuant to subsection (a)(1)(C) must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2) state that it has been signed and witnessed as provided in paragraph (1).
(c) Subject to K.S.A. 65-3227, and amendments thereto, a donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d) A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(e) A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (a).
(f) A donor may revoke or amend an anatomical gift made by placing such individual's name on the first person consent organ and tissue donor registry by directly accessing the registry website or notifying the Kansas federally designated organ procurement organization to request the amendment or revocation. Withdrawal of such individual's consent to be listed in the registry does not constitute a refusal to make an anatomical gift of the individual's body or part.
History: L. 2007, ch. 127, § 6; L. 2010, ch. 141, § 1; July 1.
§ 65-3226 Refusal to make anatomical gift; effect of refusal
(a) An individual may refuse to make an anatomical gift of the individual's body or part by:
(1) A record signed by:
(A) The individual; or
(B) subject to subsection (b), another acting at the direction of the individual if the individual is physically unable to sign;
(2) the individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3) any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b) A record signed pursuant to subsection (a)(1)(B) must:
(1) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2) state that it has been signed and witnessed as provided in paragraph (1).
(c) An individual who has made a refusal may amend or revoke the refusal:
(1) In the manner provided in subsection (a) for making a refusal;
(2) by subsequently making an anatomical gift pursuant to K.S.A. 65-3224, and amendments thereto, that is inconsistent with the refusal; or
(3) by destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d) Except as otherwise provided in K.S.A. 65-3227(h), and amendments thereto, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
History: L. 2007, ch. 127, § 7; July 1.
§ 65-3227 Preclusive effect of anatomical gift, amendment, or revocation
(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under K.S.A. 65-3224, and amendments thereto, or an amendment to an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto.
(b) A donor's revocation of an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto, is not a refusal and does not bar another person specified in K.S.A. 65-3223 or 65-3228, and amendments thereto, from making an anatomical gift of the donor's body or part under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under K.S.A. 65-3224, and amendments thereto, or an amendment to an anatomical gift of the donor's body or part under K.S.A. 65-3225, and amendments thereto, another person may not make, amend, or revoke the gift of the donor's body or part under K.S.A. 65-3229, and amendments thereto.
(d) A revocation of an anatomical gift of a donor's body or part under K.S.A. 65-3225, and amendments thereto, by a person other than the donor does not bar another person from making an anatomical gift of the body or part under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under K.S.A. 65-3223, and amendments thereto, an anatomical gift of a part for one or more of the purposes set forth in K.S.A. 65-3223, and amendments thereto, is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under K.S.A. 65-3224 or 65-3229, and amendments thereto.
(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
History: L. 2007, ch. 127, § 8; July 1.
§ 65-3228 Who may make anatomical gift of decedent's body or part
(a) Subject to subsections (b) and (c) and unless barred by K.S.A. 65-3226 or 65-3227, and amendments thereto, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1) An agent of the decedent at the time of death who could have made an anatomical gift under K.S.A. 65-3223(2), and amendments thereto, immediately before the decedent's death;
(2) the spouse of the decedent;
(3) adult children of the decedent;
(4) parents of the decedent;
(5) adult siblings of the decedent;
(6) adult grandchildren of the decedent;
(7) grandparents of the decedent;
(8) the persons who were acting as the guardians of the person of the decedent at the time of death;
(9) an adult who exhibited special care and concern for the decedent and who was familiar with the decedent's personal values; and
(10) any other person having the authority to dispose of the decedent's body.
(b) If there is more than one member of a class listed in subsection (a)(1), (3), (4), (6), (7), or (9) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass under K.S.A. 65-3230, and amendments thereto, knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. If both parents are living and available to decide, an anatomical gift may be made only if both parents agree.
(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.
History: L. 2007, ch. 127, § 9; L. 2018, ch. 31, § 6; July 1.
§ 65-3229 Manner of making, amending, or revoking anatomical gift of decedent's body or part
(a) A person authorized to make an anatomical gift under K.S.A. 65-3228, and amendments thereto, may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b) Subject to subsection (d) [c], an anatomical gift by a person authorized under K.S.A. 65-3228, and amendments thereto, may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under K.S.A. 65-3228, and amendments thereto, may be:
(1) Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
History: L. 2007, ch. 127, § 10; L. 2018, ch. 31, § 7; July 1.
§ 65-3230 Persons that may receive anatomical gift; purpose of anatomical gift
(a) An anatomical gift may be made to the following persons named in the document of gift:
(1) A hospital, accredited medical school, dental school, college, or university, organ procurement organization or other appropriate person, for research or education;
(2) subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part;
(3) an eye bank or tissue bank.
(b) If an anatomical gift to an individual under subsection (a)(2) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.
(c) If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply:
(1) If the part is an eye and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate eye bank.
(2) If the part is tissue and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate tissue bank.
(3) If the part is an organ and the gift is for the purpose of transplantation or therapy, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(4) If the part is an organ, an eye, or tissue and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization.
(d) For the purpose of subsection (c), if there is more than one purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.
(e) If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).
(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor," "organ donor," or "body donor," or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy, and the gift passes in accordance with subsection (g).
(g) For purposes of subsections (b), (e) and (f) the following rules apply:
(1) If the part is an eye, the gift passes to the appropriate eye bank.
(2) If the part is tissue, the gift passes to the appropriate tissue bank.
(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.
(h) An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ.
(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.
(j) A person may not accept an anatomical gift if the person knows that the gift was not effectively made under K.S.A. 65-3224 or 65-3229, and amendments thereto, or if the person knows that the decedent made a refusal under K.S.A. 65-3226, and amendments thereto, that was not revoked. For purposes of the subsection, if a person knows that an anatomical gift was made on a document of gift, the person is deemed to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.
(k) Except as otherwise provided in subsection (a)(2), nothing in this act affects the allocation of organs for transplantation or therapy.
History: L. 2007, ch. 127, § 11; July 1.
§ 65-3231 Search and notification
(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1) A law enforcement officer, firefighter, paramedic, or other emergency rescuer finding the individual; and
(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a)(1) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c) A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section.
History: L. 2007, ch. 127, § 12; July 1.
§ 65-3232 Delivery of document of gift not required; right to examine
(a) A document of gift need not be delivered during the donor's lifetime to be effective.
(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under K.S.A. 65-3230, and amendments thereto.
History: L. 2007, ch. 127, § 13; July 1.
§ 65-3233 Rights and duties of procurement organization and others
(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the division of motor vehicles of the department of revenue and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable access to information in the records of the division of motor vehicles of the department of revenue to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.
(d) Unless prohibited by law other than this act, at any time after a donor's death, the person to which a part passes under K.S.A. 65-3230, and amendments thereto, may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by law other than this act, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in K.S.A. 65-3228, and amendments thereto, having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
(h) Subject to K.S.A. 65-3230(i) and K.S.A. 65-3242, and amendments thereto, the rights of the person to which a part passes under K.S.A. 65-3230, and amendments thereto, are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and this act, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under K.S.A. 65-3230, and amendments thereto, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.
(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.
(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
History: L. 2007, ch. 127, § 14; July 1.
§ 65-3234 Coordination of procurement and use
Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
History: L. 2007, ch. 127, § 15; July 1.
§ 65-3235 Sale or purchase of parts prohibited
(a) Except as otherwise provided in subsection (b), a person that for valuable consideration, knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a severity level 5, nonperson felony.
(b) A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
History: L. 2007, ch. 127, § 16; July 1.
§ 65-3236 Other prohibited acts
A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal commits a severity level 10, nonperson felony.
History: L. 2007, ch. 127, § 17; July 1.
§ 65-3237 Immunity
(a) A person or healthcare provider that acts in accordance with this act or with the applicable anatomical gift law of another state, or in good faith attempts to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c) In determining whether an anatomical gift has been made, amended, or revoked under this act, a person may rely upon representations of an individual listed in K.S.A. 65-3228(a)(2), (3), (4), (5), (6), (7), or (8), and amendments thereto, relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
History: L. 2007, ch. 127, § 18; L. 2018, ch. 31, § 8; July 1.
§ 65-3238 Law governing validity; choice of law as to execution of document of gift; presumption of validity
(a) A document of gift is valid if executed in accordance with:
(1) This act;
(2) the laws of the state or country where it was executed; or
(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b) If a document of gift is valid under this section, the law of this state governs the interpretation of the document of gift.
(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
History: L. 2007, ch. 127, § 19; July 1.
§ 65-3239 Establishing a statewide donor registry; requirements; first person consent organ and tissue donor registry
(a) Information obtained under K.S.A. 8-247 and 8-1325, and amendments thereto, from the division of vehicles by the Kansas federally designated organ procurement organization shall be used for the purpose of establishing a statewide organ and tissue donor registry accessible to in-state recognized cadaveric organ and cadaveric tissue agencies for the recovery or placement of organs and tissue and to procurement agencies in another state when a Kansas resident is a donor of an anatomical gift and is not located in Kansas at the time of death or immediately before the death of the donor. No organ or tissue donation organization may obtain information from the organ and tissue donor registry for the purposes of fund-raising. Organ and tissue donor registry information shall not be further disseminated unless authorized in this section or by federal law. Dissemination of organ and tissue donor registry information may be made by the Kansas federally designated organ procurement organization to a recognized in-state procurement agency for other tissue recovery, or an out-of-state federally designated organ procurement agency. An individual who agrees to have such individual's name in the first person consent organ and tissue donor registry has given full legal consent to the donation of any of such individual's organs or tissues upon such individual's death as recorded in the registry.
(b) The Kansas federally designated organ procurement organization may acquire donor information from sources other than the division of vehicles.
(c) All costs associated with the creation and maintenance of the organ and tissue donor registry shall be paid by the Kansas federally designated organ procurement organization. Such organization shall also pay the costs of providing and maintaining the written information and educational materials required to be distributed under subsection (g) of K.S.A. 8-247, and amendments thereto, and under subsection (b) of K.S.A. 8-1325, and amendments thereto.
(d) An individual does not need to participate in the organ and tissue donor registry to be a donor of organs or tissue. The registry is to facilitate organ and tissue donations and not inhibit Kansans from being donors upon death.
(e) This section shall be a part of and supplemental to the revised uniform anatomical gift act.
History: L. 2002, ch. 60, § 1; L. 2007, ch. 127, § 32; L. 2010, ch. 141, § 2; July 1.
§ 65-3240 Effect of anatomical gift on advance health-care directive
(a) In this section:
(1) "Advance health-care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health-care decision for the prospective donor.
(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.
(3) "Health-care decision" means any decision made regarding the health care of the prospective donor.
(b) If a prospective donor has a declaration or advance health-care directive, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor, unless the declaration expressly provides to the contrary.
History: L. 2007, ch. 127, § 20; July 1.
§ 65-3241 Cooperation between coroner and procurement organization
(a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
(b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is going to be performed, unless the coroner denies recovery in accordance with K.S.A. 65-3242, and amendments thereto, the coroner or designee shall conduct a post-mortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
History: L. 2007, ch. 127, § 21; July 1.
§ 65-3242 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner
(a) Upon request of a procurement organization, a coroner shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of the coroner. If the decedent's body or part is medically suitable for transplantation, therapy, research, or education, the coroner shall release post-mortem examination results to the procurement organization. The procurement organization may make a subsequent disclosure of the post-mortem examination results or other information received from the coroner only if relevant to transplantation or therapy.
(b) The coroner may conduct a medicolegal examination by reviewing all medical records, laboratory test results, x-rays, other diagnostic results, and other information that any person possesses about a donor or prospective donor whose body is under the jurisdiction of the coroner which the coroner determines may be relevant to the investigation.
(c) A person that has any information requested by a coroner pursuant to subsection (b) shall provide that information as expeditiously as possible to allow the coroner to conduct the medicolegal investigation within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.
(d) If an anatomical gift has been or might be made of a part of a decedent whose body is under the jurisdiction of the coroner and a post-mortem examination is not required, or the coroner determines that a post-mortem examination is required but that the recovery of the part that is the subject of an anatomical gift will not interfere with the examination, the coroner and procurement organization shall cooperate in the timely removal of the part from the decedent for the purpose of transplantation, therapy, research, or education.
(e) If an anatomical gift of a part from the decedent under the jurisdiction of the coroner has been or might be made, but the coroner initially believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death, the coroner shall consult with the procurement organization or physician or technician designated by the procurement organization about the proposed recovery. After consultation, the coroner may allow the recovery.
(f) Following the consultation under subsection (e), in the absence of mutually agreed-upon protocols to resolve conflict between the coroner and the procurement organization, if the coroner intends to deny recovery, the coroner or designee, at the request of the procurement organization, shall attend the removal procedure for the part before making a final determination not to allow the procurement organization to recover the part. During the removal procedure, the coroner or designee may allow recovery by the procurement organization to proceed, or, if the coroner or designee reasonably believes that the part may be involved in determining the decedent's cause or manner of death, deny recovery by the procurement organization.
(g) If the coroner or designee denies recovery under subsection (f), the coroner or designee shall:
(1) Explain in a record the specific reasons for not allowing recovery of the part;
(2) include the specific reasons in the records of the coroner; and
(3) provide a record with the specific reasons to the procurement organization.
(h) If the coroner or designee allows recovery of a part under subsection (d), (e), or (f), the procurement organization, upon request, shall cause the physician or technician who removes the part to provide the coroner with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the post-mortem examination.
(i) If a coroner or designee is required to be present at a removal procedure under subsection (f), upon request the procurement organization requesting the recovery of the part shall reimburse the coroner or designee for the additional costs incurred in complying with subsection (f).
History: L. 2007, ch. 127, § 22; July 1.
§ 65-3243 Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History: L. 2007, ch. 127, § 23; July 1.
§ 65-3244 Relation to electronic signatures in global and national commerce act
This act modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of that act, 15 U.S.C. section 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
History: L. 2007, ch. 127, § 24; July 1.
§§ 65-3245 through 65-3275 Reserved
§ 65-3276 Nondiscrimination in organ transplantation
(a) The following findings and purpose shall apply to this section:
(1) A mental or physical disability does not diminish an individual's right to healthcare;
(2) the federal Americans with disabilities act prohibits discrimination against individuals with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical healthcare services;
(3) in other states nationwide, individuals with mental and physical disabilities have historically been denied life-saving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplantation medical requirements or that they lack adequate support systems to ensure compliance with post-transplantation medical requirements;
(4) although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in medicare, the state program for medical assistance and other federally funded programs are required to use patient selection criteria that result in a fair and nondiscriminatory distribution of organs; and
(5) state residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
(b) A covered entity may not solely on the basis of an individual's disability:
(1) Consider a qualified individual ineligible to receive an anatomical gift or organ transplant;
(2) deny medical and other services related to organ transplantation, including evaluation, surgery, counseling, and post-transplantation treatment and services;
(3) refuse to refer the individual to a transplant center or a related specialist for the purpose of evaluation or receipt of an organ transplant;
(4) refuse to place a qualified individual on an organ transplant waiting list; or
(5) place a qualified individual at a lower-priority position on an organ transplant waiting list than the position at which the qualified individual would have been placed if not for the disability.
(c) (1) Subject to paragraph (2), a covered entity may take an individual's disability into account when making treatment or coverage recommendations or decisions, solely to the extent that the disability has been found by a physician, following an individualized evaluation of the individual, to be medically significant to the provision of the anatomical gift.
(2) If an individual has the necessary support system to assist the individual in complying with post-transplantation medical requirements, a covered entity may not consider the individual's inability to independently comply with the post-transplantation medical requirements to be medically significant for the purposes of paragraph (1).
(d) A covered entity shall make reasonable modifications in policies, practices or procedures, when the modifications are necessary to allow an individual with a disability access to services, including transplantation-related counseling, information, coverage or treatment, unless the covered entity can demonstrate that making the modifications would fundamentally alter the nature of the services.
(e) A covered entity shall take such steps as may be necessary to ensure that an individual with a disability is not denied services, including transplantation-related counseling, information, coverage or treatment, due to the absence of auxiliary aids and services, unless the covered entity can demonstrate that taking the steps would fundamentally alter the nature of the services being offered or would result in an undue burden.
(f) Nothing in this section shall be construed to require a covered entity to make a referral or recommendation for or perform a medically inappropriate organ transplant.
(g) (1) If a covered entity violates this section, the affected individual may bring an action in the appropriate district court for injunctive or other equitable relief.
(2) In an action brought under paragraph (1), the district court shall:
(A) Schedule a hearing as soon as possible; and
(B) apply the same standards in rendering a judgment in the action as would be applied in an action brought in federal court under the federal Americans with disabilities act.
(h) As used in this section:
(1) "Anatomical gift" means the donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation or transfusion.
(2) "Auxiliary aids and services" includes:
(A) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals who are deaf or hard of hearing;
(B) qualified readers, taped texts, texts in accessible electronic format or other effective methods of making visually delivered materials available to individuals with visual impairments; and
(C) supported decision-making services, including:
(i) The use of a support individual to assist in making medical decisions, communicating information to the individual or ascertaining an individual's wishes;
(ii) the provision of information to a person designated by the individual consistent with the federal health insurance portability and accountability act and other applicable laws and regulations governing the disclosure of health information;
(iii) if an individual has a court-appointed guardian or other individual responsible for making medical decisions on behalf of the individual, any measures used to ensure that the individual is included in decisions involving the individual's healthcare and that medical decisions are in accordance with the individual's own expressed interests; and
(iv) any other aid or service that is used to provide information in a format that is easily understandable and accessible to individuals with cognitive, neurological, developmental or intellectual disabilities.
(3) "Covered entity" means:
(A) A licensed healthcare provider, as defined in K.S.A. 40-3401, and amendments thereto;
(B) a medical care facility as defined in K.S.A. 65-425, and amendments thereto;
(C) a laboratory;
(D) a state psychiatric hospital, as defined in K.S.A. 59-2946, and amendments thereto;
(E) an adult care home, as defined in K.S.A. 65-3501, and amendments thereto;
(F) a group home as defined in K.S.A. 12-736, and amendments thereto;
(G) an institutional medical unit in a correctional facility; or
(H) any entity responsible for potential recipients of the anatomical gift.
(4) "Disability" has the meaning stated in the federal Americans with disabilities act.
(5) "Organ transplant" means the transplantation or transfusion of a part of a human body into the body of another individual for the purpose of treating or curing a medical condition.
(6) "Qualified individual" means an individual who:
(A) Has a disability; and
(B) meets the essential eligibility requirements for the receipt of an anatomical gift, with or without:
(i) The support networks available to the individual;
(ii) the provision of auxiliary aids and services; or
(iii) reasonable modifications to the policies or practices of a covered entity, including modifications to allow:
(a) Communication with individuals responsible for supporting the individual with post-surgical and post-transplantation care, including medication; and
(b) the consideration of support networks available to the individual, including family, friends, and home and community based services funded through the state program of medical assistance, or another health plan in which the individual is enrolled, or any program or source of funding available to the individual, in determining whether the individual is able to comply with post-transplantation medical requirements.
History: L. 2018, ch. 2, § 1; L. 2022, ch. 75, § 8; April 28.
Article 33 Water Pollution Control
§ 65-3301 Statement of purpose
Because the pollution of waters constitutes a menace to public health, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water; and since federal legislation provides incentives for state financial participation in the construction of public water pollution control facilities by increasing the portion of federal aid contributed when the state also participates; the legislature hereby determines that it is essential for the public health, safety and welfare of the state and the residents thereof and advantageous to state and local government taxpayers to undertake a program to financially assist the construction of public facilities to abate and prevent the pollution of water, such program to be undertaken as a cooperative partnership with municipalities and with the United States government and agencies thereof.
History: L. 1970, ch. 263, § 1; March 21.
§ 65-3302 State water pollution control account; municipality defined
An account to be known as the state water pollution control account is hereby created in the state treasury to provide financial assistance to municipalities of this state in the construction of those portions of water pollution control projects which qualify for federal aid and assistance under the provisions of public law 660 of the 84th congress, known as the federal water pollution control act, as amended, including the clean water restoration act of 1966. (P.L. 89-753). For the purposes of this act, municipalities shall include any county, city, sewer district or other public agency or any combination thereof.
History: L. 1970, ch. 263, § 2; March 21.
§ 65-3303 Grants-in-aid to municipalities; state participation limited
The secretary of health and environment, hereafter referred to as the "secretary" is hereby authorized and empowered, pursuant to the provisions of this act, to order and make approved grants from such account to municipalities. The state's contribution towards the construction of water pollution control projects shall not exceed twenty-five percent (25%) of the eligible cost of each project or portions of such projects as qualify under the provisions of the aforesaid federal act.
History: L. 1970, ch. 263, § 3; L. 1974, ch. 352, § 152; July 1.
§ 65-3304 Same; administration and allocation
The secretary shall allocate and administer grants to municipalities from such account in the same manner as federal funds for water pollution control projects are allocated and only those projects eligible for federal financial assistance shall be eligible for state financial assistance. The determination of the relative need and the priority of projects shall be consistent with the provisions of public law 660 of the 84th congress, as amended [*].
History: L. 1970, ch. 263, § 4; L. 1974, ch. 352, § 153; July 1.
§ 65-3305 Water pollution control; rules and regulations
The secretary is hereby empowered to adopt such rules and regulations and to establish such procedures as may be necessary for the effective administration of this act.
History: L. 1970, ch. 263, § 5; L. 1974, ch. 352, § 154; July 1.
§ 65-3306 State appropriation to water pollution control account; encumbering moneys in account; contributions by municipality
The secretary's annual request for appropriations to the water pollution control account shall be based on an estimate of the fiscal needs for the ensuing budget year, less any amounts received by the secretary from any public or private grants or contributions and moneys in such account shall be used solely for the purposes provided for by this act. Moneys allocated to a municipality shall be encumbered as an expenditure of this account upon the formal letting of a contract for the improvement notwithstanding the date when actual payment is made of the state financial assistance. Any municipality may contribute moneys to the state water pollution control account. If there are no uncommitted or unencumbered moneys in the water pollution control account, any municipality applying for any water pollution control project as defined in K.S.A. 65-3302, and amendments thereto, shall as a condition of such application certify in writing to the secretary that a contribution in the amount of 25% of the eligible cost of such project will be made to the water pollution control account by such municipality prior to formal letting of a construction contract. Upon receipt by the secretary, each such contribution shall be retained in a subaccount of the water pollution control account for use solely in the project for which the municipality has made application.
History: L. 1970, ch. 263, § 6; L. 1971, ch. 216, § 1; L. 1974, ch. 352, § 155; L. 2024, ch. 1, § 5 (Special Session); June 27.
§ 65-3307 Application of act
The provisions of this act shall be applicable to any water pollution control project on which construction was started after July 1, 1969.
History: L. 1970, ch. 263, § 7; March 21.
§ 65-3308 Countywide wastewater management plans; rules and regulations of secretary
The secretary of health and environment shall promulgate rules and regulations, guidelines, standards and procedures for the development of countywide wastewater management plans, and any other rules and regulations necessary for effective implementation of this act.
History: L. 1979, ch. 270, § 1; July 1.
§ 65-3309 Wastewater management; plan, contents and procedure; committee
(a) Each county preparing a plan shall organize a wastewater management committee as provided in subsection (b). However, counties with populations of 30,000 or less, may at their discretion, apply to the secretary of health and environment to be exempt from the requirement of preparing a plan. The secretary, after receipt of an application for exemption, shall determine whether sufficient necessity exists to justify the preparation of a countywide wastewater management plan, and shall in the secretary's sole discretion, either grant or deny the exemption application. Each county preparing a plan shall submit to the secretary a workable plan for wastewater management within such county as prepared by the county wastewater management committee. The wastewater management plan shall provide for comprehensive countywide management to be effective throughout the county. The plan shall incorporate and coordinate existing plans, ordinances and guidelines and shall address (1) city and county cooperation in management of existing point sources of pollution; (2) the management of onsite residential wastewater treatment facilities, including septic tanks; (3) industrial waste treatment; (4) procedures for approval of water delivery and wastewater systems for new developing areas; and (5) urban stormwater runoff.
(b) There is hereby created in each county of this state required to prepare a wastewater management plan a county wastewater management committee. The county wastewater management committee shall be one of the following:
(1) In any county where subsection (b)(2) or (3) does not apply, the committee shall include one member of the board of county commissioners who shall serve as chairperson of the committee, the county engineer, the county health officer or such officer's designated representative, the director of planning where one exists, one representative from each city affected by the county wastewater management plan and two members selected from the public at large. The member of the committee from each city affected by the plan shall be appointed by the mayor of such city, and the members of the public at large shall be appointed by the board of county commissioners.
(2) In any county where a multijurisdictional planning commission is functioning solely within that county, such planning commission is hereby designated as the county wastewater management committee. An advisory committee to said planning commission is hereby created which shall include one member of the board of county commissioners, the county engineer, the county health officer or such officer's designated representative, the director of planning, one representative from each city affected by the county wastewater management plan, one representative from each improvement district affected by the county wastewater management plan and two members selected from the public at large. The member of the committee from each city affected by the plan shall be appointed by the mayor of such city, and the members of the public at large shall be appointed by the board of county commissioners.
The multijurisdictional planning commission functioning as the county wastewater management committee may in its discretion designate the advisory committee as the county wastewater management committee.
(3) In any county where a wastewater management agency or agencies has been established in the Kansas water quality management plan pursuant to section 208 of the federal water pollution act and amendments thereto, such agency or agencies is hereby designated as the county wastewater management committee.
(c) Every plan required by a county wastewater management committee shall:
(1) Reasonably conform to the rules and regulations, standards and procedures adopted by the secretary for implementation of this act;
(2) integrate and coordinate existing comprehensive plans, population trend projections, engineering and economics so as to plan adequately for changing conditions;
(3) take into account existing acts and regulations affecting the development, use and protection of air, water or land resources;
(4) include such other reasonable information as the secretary shall require.
(d) All entities affected by or that can contribute to the wastewater management plan shall have adequate opportunity for comment and input in the development of the plan. Such entities shall include, but not be limited to, rural water districts, water districts and improvement districts. The plan shall be reviewed by each local governing body affected and by appropriate official planning agencies within the area covered by the plan for consistency with programs of comprehensive planning for the county and for each other local governing unit. All such reviews shall be transmitted to the secretary with the proposed plan.
(e) The secretary is authorized to approve or disapprove plans for countywide wastewater management submitted in accordance with this act. If the plan is disapproved, the secretary shall furnish all reasons for such disapproval. Any action of the secretary pursuant to this subsection is subject to review as provided in K.S.A. 65-3312 and amendments thereto. If the plan is disapproved by the secretary, the county shall modify the plan so as to obtain the secretary's approval unless otherwise ordered by the court on review.
(f) Any city or county commission of any county required to develop a countywide wastewater management plan under the act of which this section is amendatory may act on behalf of the other units of government of said county in filing the necessary documents to obtain state and federal grants in aid and in such case shall act as contracting agency for employment of any consultants necessary for plan development and shall also act as financial disbursement manager for development of the plan.
History: L. 1979, ch. 270, § 2; L. 1980, ch. 193, § 1; L. 1986, ch. 318, § 95; July 1.
§ 65-3310 Same; duties and functions of secretary
The secretary of health and environment is authorized and directed to:
(a) Adopt rules and regulations, standards and procedures to be used by counties in the development and the periodic updating of wastewater management plans, and to enable the secretary to carry out the purposes and provisions of this act;
(b) receive and disburse any federal funds received for development and implementation of countywide wastewater management plans;
(c) administer the wastewater management program and enforce the provisions of each county wastewater management plan adopted pursuant to the provisions of this act;
(d) provide technical assistance to counties, including the training of personnel;
(e) institute, conduct and support research, demonstration projects and investigations and coordinate all state agency research programs with applicable federal programs pertaining to wastewater management; and
(f) conduct and contract for researchers and investigations in the area of wastewater management of point source pollution.
History: L. 1979, ch. 270, § 3; July 1.
§ 65-3311 Same; recommendations by planning committee to governmental units regarding implementation of plan
In carrying out its duties with regard to the implementation of a countywide wastewater management plan, any county planning committee may recommend such reasonable ordinances, rules, regulations and standards for industrial siting, onsite residential wastewater treatment facilities (including septic tanks) and water delivery and wastewater systems in newly developing areas within the county to the county commissioners or municipal government authorized to enact such ordinances, rules and regulations, which governmental unit is hereby authorized to enact and enforce. The rules and regulations and standards shall be in conformity with the rules and regulations and standards adopted by the secretary for wastewater management of point source pollution.
History: L. 1979, ch. 270, § 4; July 1.
§ 65-3312 Same; judicial review of secretary's actions
Any action of the secretary of health and environment pursuant to this act is subject to review in accordance with the Kansas judicial review act.
History: L. 1979, ch. 270, § 5; L. 1986, ch. 318, § 96; L. 2010, ch. 17, § 143; July 1.
§ 65-3313 Same; applicability of act, when
No provision of this act shall be deemed mandatory until seventy-five percent (75%) or more of the moneys necessary to implement such provisions are certified by the secretary of health and environment to be available from the federal government. The remaining costs of implementation of such provisions shall be shared equally by the state and county.
History: L. 1979, ch. 270, § 6; July 1.
§§ 65-3314 through 65-3320 Reserved
§ 65-3321 Definitions
As used in K.S.A. 65-3321 through 65-3329:
(a) "Fund" means the Kansas water pollution control revolving fund established by K.S.A. 65-3322 of this act.
(b) "Municipality" means any city, county, township, sewer district, improvement district, or other political subdivision of the state, or any combination thereof, which is authorized by law to construct, operate, and maintain wastewater treatment works.
(c) "Wastewater treatment works" means any treatment works, as defined in the federal act, which is publicly owned.
(d) "Project" means the acquisition, construction, improvement, repair, rehabilitation, or extension of a wastewater treatment works.
(e) "Project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto.
(f) "Federal act" means the federal clean water act as amended by the federal water quality act of 1987.
(g) "Administrator" means the administrator of the United States environmental protection agency.
(h) "Secretary" means the secretary of health and environment.
History: L. 1988, ch. 320, § 1; July 1.
§ 65-3322 Kansas water pollution control revolving fund established; sources of revenue; use of moneys credited to fund
(a) There is hereby established in the state treasury a fund to be maintained in perpetuity and to be known as the Kansas water pollution control revolving fund. The fund shall consist of:
(1) Amounts awarded or otherwise made available to this state under the federal act for the purposes of the fund;
(2) amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(3) the proceeds, if any, derived from the sale of bonds issued by the Kansas development finance authority for the purposes of the fund to the extent provided in any agreement entered into by the secretary and the authority;
(4) amounts of repayments made by municipalities of loans received under K.S.A. 65-3321 through 65-3329, and amendments thereto, together with payments of interest thereon, in accordance with agreements entered into by such municipalities and the secretary;
(5) amounts earned on moneys in the fund; and
(6) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of the fund.
(b) Subject to the conditions and in accordance with requirements of the federal act and the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto, the fund may be used only:
(1) To make loans to municipalities for payment of all or a part of project costs;
(2) to carry out planning for wastewater treatments works;
(3) for implementation of nonpoint source pollution control programs;
(4) as a source of revenue or security for the payment of principal and interest on bonds issued by the Kansas development finance authority if, and to the extent that, the proceeds of the sale of such bonds are deposited in the fund;
(5) as a source of revenue or security for the payment of principal and interest on bonds issued by the Kansas development finance authority pursuant to the provisions of K.S.A. 65-163d through 65-163u, and amendments thereto;
(6) to earn interest on moneys in the fund;
(7) to make grants to qualifying projects as authorized by the federal appropriation act of 1996 (P.L. 104-134), in accordance with the rural communities hardship grants program implementation guidelines (Federal Register, March 20, 1997);
(8) to make grants to qualifying projects as authorized by the consolidated appropriations act of 2001 (P.L. 106-554), in accordance with the wet weather water quality act of 2000; and
(9) for the reasonable costs, in amounts not to exceed 4% of all amounts awarded to the state for the fund under title VI of the federal act, of administering the fund and conducting activities under K.S.A. 65-3321 through 65-3329, and amendments thereto, and for reasonable costs after amounts cease to be awarded by the federal government under title VI of the federal act, as determined by the secretary, of administering the fund and conducting activities under K.S.A. 65-3321 through 65-3329, and amendments thereto. Such costs shall be identified annually in development of the intended use plan as described in K.S.A. 65-3325, and amendments thereto.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the Kansas water pollution control revolving fund interest earnings based on:
(1) The average daily balance of moneys in the Kansas water pollution control revolving fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All payments and disbursements from the fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary. All payments and disbursements from the fund, and beginning and ending balances thereof, shall be subject each year to post audit in accordance with article 11 of chapter 46 of the Kansas Statutes Annotated.
History: L. 1988, ch. 320, § 2; L. 1992, ch. 272, § 6; L. 1996, ch. 253, § 14; L. 2001, ch. 70, § 1; L. 2006, ch. 100, § 2; July 1.
§ 65-3323 Powers and duties of secretary of health and environment
The secretary shall administer the provisions of K.S.A. 65-3321 through 65-3329, shall be responsible for administration and management of the fund, and is hereby authorized to:
(a) Enter into agreements with the administrator, which agreements shall include but not be limited to the specific requirements of the federal act;
(b) establish jointly with the administrator a schedule of payments under which the administrator will pay to the state the amounts made available under the federal act;
(c) accept amounts paid to the state in accordance with the schedule of payments and cause such amounts to be deposited in the state treasury and credited to the fund;
(d) enter into binding commitments for the provision of loans in accordance with the requirements of the federal act and the provisions of K.S.A. 65-3321 through 65-3329;
(e) review applications of municipalities for loans and select the projects for which loans will be made available each year;
(f) provide the administrator, the governor and the legislature with the annual report prepared in accordance with K.S.A. 65-3328 and with copies of the audit required under K.S.A. 65-3322; and
(g) adopt rules and regulations necessary for effectuation of the provisions of K.S.A. 65-3321 through 65-3329.
History: L. 1988, ch. 320, § 3; July 1.
§ 65-3324 Project priority list; development; loans available to municipalities having population of 5,000 or less
(a) The secretary shall develop a priority system for projects, establish ranking criteria therefor, review applications of municipalities for loans, and prepare an annual project priority list. The project priority list shall be in conformance with applicable provisions of the federal act and shall include a description of each project, the purpose, cost and construction schedule therefor, and the municipality to be served or benefited thereby. After preparation of the project priority list, the secretary shall select from such list the projects for which loans will be made available.
(b) In performing the functions and duties required by subsection (a), the secretary shall ensure that a fair proportion, at least but not limited to 10%, of the total dollar amount of loans to be made available to municipalities from the fund in each year will be made available for projects of municipalities having a population of 5,000 or less. In the event the municipalities to which this subsection applies are unable to utilize the total amount made available under this subsection, the secretary is authorized to make the unused amount available for projects of other municipalities on the project priority list.
History: L. 1988, ch. 320, § 4; July 1.
§ 65-3325 Intended use plan; preparation
After providing for public comment and review each year, the secretary shall prepare a plan identifying the intended uses of the moneys available in the fund. The intended use plan shall include, but not be limited to:
(a) The project priority list;
(b) a list of activities, if any, for which the fund is authorized to be used under subsection (b)(3) of K.S.A. 65-3322;
(c) a description of the short- and long-term goals and objectives of the fund;
(d) information on the projects and activities to be supported, including a description thereof, terms of loans to be provided, and municipalities to be served or benefited;
(e) assurances and specific proposals for meeting the requirements of the federal act; and
(f) the criteria and method established for the provision of loans to be made from the fund.
History: L. 1988, ch. 320, § 5; July 1.
§ 65-3326 Application for Kansas water pollution control revolving fund loans; form; agreements with municipality; contents; repayment; effect of failure of municipality to enter into agreement; technical advice and assistance to municipalities for projects or loan applications
(a) Municipalities that desire the provision of a loan under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.
(b) The secretary may enter into agreements with any municipality for the provision of a loan thereto for payment of all or a part of project costs and any municipality may enter into such an agreement and may accept such loan when so authorized by its governing body. The purposes of the loan to be provided, the amount thereof, the interest rate thereon, and the repayment terms and conditions thereof, all of which may vary among municipalities, shall be included in the agreements. Loans shall be provided at or below market interest rates and may be provided interest free. All such agreements shall require that municipalities establish a dedicated source of revenue for repayment of the loans as provided in K.S.A. 65-3327, and amendments thereto. Such agreements shall further provide that repayment of any loan received shall begin not later than one year after completion of the project. For agreements entered into on or before June 30, 2023, such loan shall be repaid in full not later than 20 years thereafter. On and after July 1, 2023, agreements for loans shall provide that such loans shall be repaid in full not later than 30 years thereafter.
(c) In the event any municipality to which a loan is made available under K.S.A. 65-3321 through 65-3329, and amendments thereto, fails to enter into an agreement with the secretary for the provision of such loan in accordance with the requirements of such statutes, the secretary is authorized to make the amount of the loan available for one or more other projects on the project priority list.
(d) The secretary shall provide any municipality, upon request, with technical advice and assistance regarding a project or an application for a loan for the payment of all or a part of project costs.
History: L. 1988, ch. 320, § 6; L. 2023, ch. 14, § 2; July 1.
§ 65-3327 Repayment of loans; dedicated revenue sources; user charges; project accounts; repayment from federal grants; loan not part of bonded indebtedness
(a) The dedicated source of revenue for repayment of the loans may include service charges, connection fees, special assessments, property taxes, grants or any other source of revenue lawfully available to the municipality for such purpose. In order to ensure repayment by municipalities of the amounts of loans provided under K.S.A. 65-3321 through 65-3329, and amendments thereto, the secretary, after consultation with the governing body of any municipality which receives a loan, may adopt charges to be levied against users of the project. Any such charges shall remain in effect until the total amount of the loan, and any interest thereon, has been repaid. The charges shall, insofar as is practicable, be equitably assessed and may be in the form of a surcharge to the existing charges of the municipality. The governing body of any municipality which receives a loan under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall collect any charges established by the secretary and shall pay the moneys collected therefrom to the secretary in accordance with procedures established by the secretary.
(b) Municipalities that are provided with loans under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall maintain project accounts in accordance with generally accepted government accounting standards.
(c) Municipalities that receive a grant and an allowance under the federal act with respect to project costs for which a loan was provided under K.S.A. 65-3321 through 65-3329, and amendments thereto, shall promptly repay such loan to the extent of the allowance received under the federal act.
(d) Any loans received by a municipality under the provisions of K.S.A. 65-3321 through 65-3329, and amendments thereto, shall be construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the municipality.
History: L. 1988, ch. 320, § 7; L. 1990, ch. 66, § 43; L. 1991, ch. 195, § 1; L. 2024, ch. 1, § 6 (Special Session); June 27.
§ 65-3328 Annual report
The secretary shall prepare an annual report describing how the state has met the goals and objectives for the previous year as identified in the intended use plan prepared pursuant to K.S.A. 65-3325. The secretary shall submit the annual report to the administrator, the governor, and the legislature.
History: L. 1988, ch. 320, § 8; July 1.
§ 65-3329 Activities of department of health and environment under act and issuance of bonds by Kansas development finance authority under act approved for purposes of K.S.A. 74-8905
The activities of the department of health and environment in administering and performing the powers, duties and functions prescribed by the provisions of K.S.A. 65-3321 through 65-3329 and providing for the payment of the matching grant requirements under the federal act from the proceeds of revenue bonds issued for such purpose by the Kansas development finance authority are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905 and amendments thereto and the authorization of the issuance of such bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905 and amendments thereto.
History: L. 1988, ch. 320, § 9; July 1.
§ 65-3330 Local conservation lending program
(a) As used in this section:
(1) "Department" means the Kansas department of health and environment.
(2) "Eligible borrower" means:
(A) Any individual, limited liability agricultural company, limited agricultural partnership or family farm corporation, as defined in K.S.A. 17-5903, and amendments thereto, involved in farming or livestock production;
(B) a responsible party or an owner of real property, but does not include the state, any state agency, the federal government or any agency of the federal government; or
(C) a person who: (i) Is involved in a transaction related to real property; (ii) is not a responsible party or owner of the real property; (iii) voluntarily takes corrective action on the property in response to a request or order for corrective action from the department; and (iv) voluntarily implements an eligible conservation practice.
(3) "Eligible financial institution" means a bank or other financial institution or association chartered or incorporated under the laws of this state, or organized under the laws of the United States or another state, which has a main or branch office or chapter in this state that agrees to participate in the Kansas local conservation lending program and is eligible to be a depository of state funds.
(4) "Eligible practice" means a conservation practice that prevents or reduces water pollution from nonpoint sources by using the most effective and practicable means of achieving water quality goals. Eligible practices include, but are not limited to, structural and nonstructural controls or systems as identified in the nonpoint source management plan.
(5) "Eligible project" means an individual conservation practice or system of conservation practices located within Kansas and identified in the nonpoint source management plan as eligible for a low interest loan through the local conservation lending program.
(6) "Linked deposit agreement" means the agreement and associated attachments provided by the secretary to the eligible financial institution for participation in the program.
(7) "Project application" means the forms provided by the department for the purpose of determining and certifying eligibility for funding a project through the local conservation lending program.
(8) "Secretary" means the secretary of health and environment.
(b) There is hereby created a local conservation linked deposit lending program, hereby referred to as the local conservation lending program. The secretary may establish and administer the local conservation lending program to facilitate loans by eligible financial institutions for the construction, design, rehabilitation and enhancement of nonpoint source control systems for public or private owners thereof. The eligible financial institution shall enter into a linked deposit agreement with the secretary, which shall include requirements necessary to implement the purposes of the local conservation lending program.
(c) The secretary shall prepare a nonpoint source management plan. The nonpoint source management plan, shall identify eligibility criteria, practices eligible for funding through the local conservation lending program, eligibility criteria for borrowers, eligibility criteria for costs, project completion and certification requirements and process, and establish other program requirements.
(d) The secretary shall authorize a linked deposit in the amount certified by the secretary using long-term investment funds available from the Kansas water pollution control revolving fund, K.S.A. 65-3322, and amendments thereto, or from other available sources to the secretary, into eligible financial institutions in the form of low-yielding certificates of deposit or time or demand deposits, or other authorized deposits or investments. If sufficient funds are not available for a linked deposit then the applications may be considered when funds become available at an interest rate identified annually by the secretary in the nonpoint source management plan.
(e) The secretary is hereby authorized to disseminate information regarding eligibility for potential participants in this program.
(f) The secretary may accept or reject a project application based on the secretary's determination of project eligibility consistent with the eligibility criteria in the nonpoint source management plan. Upon acceptance of a project application, the secretary shall notify the eligible financial institution and borrower of approval.
(g) An eligible financial institution that agrees to receive a local conservation loan deposit shall accept and review applications for loans from eligible borrowers. The eligible financial institution shall apply all usual lending standards to determine the credit worthiness of eligible borrowers.
(h) The eligible financial institution may approve or reject a loan application based on the financial institution's evaluation of the eligible borrowers included in the application, the amount of the loan in the application and other appropriate considerations.
(i) The eligible financial institution shall enter into a local conservation linked deposit participation agreement with the secretary, which shall include requirements necessary to implement the purposes of the Kansas local conservation loan deposit program.
(j) The loans authorized by this act shall not be deemed to constitute a debt or liability of the state or the secretary, and shall not constitute a pledge of the full faith and credit of the state, any political subdivision thereof or the secretary. The state, any political subdivision thereof or the secretary shall not, in any event, be liable for the payment of the principal or interest on any such loan made by an eligible financial institution to an eligible borrower. Any delay in payments or default on the part of an eligible borrower does not, in any manner, affect the linked deposit agreement between the eligible financial institution and the secretary.
(k) The secretary is hereby authorized to adopt any rules and regulations necessary to carry out the provisions of this section.
History: L. 2015, ch. 36, § 1; July 1.
Article 34 Solid and Hazardous Waste
§ 65-3401 Statement of policy
It is hereby declared that protection of the health and welfare of the citizens of Kansas requires the safe and sanitary disposal of solid wastes. The legislature finds that the lack of adequate state regulations and control of solid waste and solid waste management systems has resulted in undesirable and inadequate solid waste management practices that are detrimental to the health of the citizens of the state; degrade the quality of the environment; and cause economic loss. For these reasons it is the policy of the state to:
(a) Establish and maintain a cooperative state and local program of planning and technical and financial assistance for comprehensive solid waste management.
(b) Utilize the capabilities of private enterprise as well as the services of public agencies to accomplish the desired objectives of an effective solid waste management program.
(c) Require a permit for the operation of solid waste processing and disposal systems.
(d) Achieve and maintain status for the Kansas department of health and environment as an approved state agency for the purpose of administering federal municipal solid waste management laws and regulations.
(e) Encourage the wise use of resources through development of strategies that reduce, reuse and recycle materials.
History: L. 1970, ch. 264, § 1; L. 1992, ch. 316, § 1; L. 1997, ch. 140, § 1; July 1.
§ 65-3402 Solid waste management; definitions; terms related to advanced recycling
As used in this act, unless the context otherwise requires:
(a) (1) "Solid waste" means garbage, refuse, waste tires as defined by K.S.A. 65-3424, and amendments thereto, and other discarded materials, including, but not limited to, solid, semisolid, sludges, liquid and contained gaseous waste materials resulting from industrial, commercial, agricultural and domestic activities.
(2) "Solid waste" does not include:
(A) Hazardous wastes as defined by K.S.A. 65-3430, and amendments thereto;
(B) recyclables;
(C) the waste of domestic animals as described by K.S.A. 65-3409, and amendments thereto; or
(D) post-use polymers and recovered feedstocks that are converted at an advanced recycling facility or held at such a facility prior to conversion through an advanced recycling process.
(b) (1) "Solid waste management system" means the entire process of storage, collection, transportation, processing, and disposal of solid wastes by any person engaging in such process as a business, or by any state agency, city, authority, county or any combination thereof.
(2) "Solid waste management system" does not include advanced recycling.
(c) (1) "Solid waste processing facility" means incinerator, composting facility, household hazardous waste facility, waste-to-energy facility, transfer station, reclamation facility or any other location where solid wastes are consolidated, temporarily stored, salvaged or otherwise processed prior to being transported to a final disposal site.
(2) "Solid waste processing facility" does not include a scrap material recycling and processing facility or an advanced recycling facility.
(d) (1) "Solid waste disposal area" means any area used for the disposal of solid waste from more than one residential premises, or one or more commercial, industrial, manufacturing or municipal operations.
(2) "Solid waste disposal area" includes all property described or included within any permit issued pursuant to K.S.A. 65-3407, and amendments thereto.
(e) "Person" means individual, partnership, firm, trust, company, association, corporation, individual or individuals having controlling or majority interest in a corporation, institution, political subdivision, state agency or federal department or agency.
(f) "Waters of the state" means all streams and springs, and all bodies of surface or groundwater, whether natural or artificial, within the boundaries of the state.
(g) "Secretary" means the secretary of health and environment.
(h) "Department" means the department of health and environment.
(i) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water.
(j) "Open dumping" means the disposal of solid waste at any solid waste disposal area or facility that is not permitted by the secretary under the authority of K.S.A. 65-3407, and amendments thereto, or the disposal of solid waste contrary to rules and regulations adopted pursuant to K.S.A. 65-3406, and amendments thereto.
(k) "Generator" means any person who produces or brings into existence solid waste.
(l) "Monitoring" means all procedures used to:
(1) Systematically inspect and collect data on the operational parameters of a facility, an area or a transporter; or
(2) to systematically collect and analyze data on the quality of the air, groundwater, surface water or soils on or in the vicinity of a solid waste processing facility or solid waste disposal area.
(m) "Closure" means the permanent cessation of active disposal operations, abandonment of the disposal area, revocation of the permit or filling with waste of all areas and volume specified in the permit and preparing the area for the long-term care.
(n) "Postclosure" means that period of time subsequent to closure of a solid waste disposal area when actions at the site must be performed.
(o) "Reclamation facility" means any location where material containing a component defined as a hazardous substance pursuant to K.S.A. 65-3452a, and amendments thereto, or as an industrial waste pursuant to this section is processed.
(p) "Designated city" means a city or group of cities that, through interlocal agreement with the county in which they are located, is delegated the responsibility for preparation, adoption or implementation of the county solid waste plan.
(q) "Nonhazardous special waste" means any solid waste designated by the secretary as requiring extraordinary handling in a solid waste disposal area.
(r) (1) "Recyclables" means any materials that will be used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a product, or as an effective substitute for a commercial product.
(2) "Recyclables" includes, but is not limited to, paper, glass, plastic, municipal water treatment residues, as defined by K.S.A. 65-163, and amendments thereto, and metal.
(3) "Recyclables" does not include yard waste.
(s) "Scrap material processing industry" means any person who accepts, processes and markets recyclables.
(t) "Scrap material recycling and processing facility" means a fixed location that utilizes machinery and equipment for processing only recyclables.
(u) (1) "Construction and demolition waste" means solid waste resulting from the construction, remodeling, repair and demolition of structures, roads, sidewalks and utilities; untreated wood and untreated sawdust from any source; treated wood from construction or demolition projects; small amounts of municipal solid waste generated by the consumption of food and drinks at construction or demolition sites, including, but not limited to, cups, bags and bottles; furniture and appliances from which ozone depleting chlorofluorocarbons have been removed in accordance with the provisions of the federal clean air act; solid waste consisting of motor vehicle window glass; and solid waste consisting of vegetation from land clearing and grubbing, utility maintenance, and seasonal or storm-related cleanup.
(2) "Construction and demolition waste" includes, but is not limited to, bricks, concrete and other masonry materials, roofing materials, soil, rock, wood, wood products, wall or floor coverings, plaster, drywall, plumbing fixtures, electrical wiring, electrical components containing no hazardous materials, nonasbestos insulation and construction related packaging.
(3) Clean rubble that is mixed with other construction and demolition waste during demolition or transportation shall be considered construction and demolition waste.
(4) "Construction and demolition waste" does not include waste material containing friable asbestos, garbage, furniture and appliances from which ozone depleting chlorofluorocarbons have not been removed in accordance with the provisions of the federal clean air act, electrical equipment containing hazardous materials, tires, drums and containers even though such wastes resulted from construction and demolition activities.
(v) (1) "Construction and demolition landfill" means a permitted solid waste disposal area used exclusively for the disposal on land of construction and demolition wastes.
(2) "Construction and demolition landfill" does not include a site that is used exclusively for the disposal of clean rubble.
(w) "Clean rubble" means the following types of construction and demolition waste: Concrete and concrete products including reinforcing steel, asphalt pavement, brick, rock and uncontaminated soil as defined in rules and regulations adopted by the secretary.
(x) (1) "Industrial waste" means all solid waste resulting from manufacturing, commercial and industrial processes that is not suitable for discharge to a sanitary sewer or treatment in a community sewage treatment plant or is not beneficially used in a manner that meets the definition of recyclables.
(2) "Industrial waste" includes, but is not limited to: Mining wastes from extraction, beneficiation and processing of ores and minerals unless those minerals are returned to the mine site; fly ash, bottom ash, slag and flue gas emission wastes generated primarily from the combustion of coal or other fossil fuels; cement kiln dust; waste oil and sludges; waste oil filters; and fluorescent lamps.
(y) "Composting facility" means any facility that composts wastes and has a composting area larger than one-half acre.
(z) "Household hazardous waste facility" means a facility established for the purpose of collecting, accumulating and managing household hazardous waste. A "household hazardous waste facility" may also collect, accumulate and mange* hazardous waste generated by persons who generate less than the amounts specified in K.S.A. 65-3451(a) and (b)(3), and amendments thereto, or agricultural pesticide waste, or both. Household hazardous wastes are consumer products that when discarded exhibit hazardous characteristics.
(aa) (1) "Waste-to-energy facility" means a facility that processes solid waste to produce energy or fuel.
(2) "Waste-to-energy facility" does not include any advanced recycling facility.
(bb) (1) "Transfer station" means any facility where solid wastes are transferred from one vehicle to another or where solid wastes are stored and consolidated before being transported elsewhere.
(2) "Transfer station" does not include a collection box provided for public use as a part of a county-operated solid waste management system if the box is not equipped with compaction mechanisms or has a volume smaller than 20 cubic yards.
(cc) "Municipal solid waste landfill" means a solid waste disposal area where residential waste is placed for disposal. A municipal solid waste landfill also may receive other nonhazardous wastes, including commercial solid waste, sludge and industrial solid waste.
(dd) (1) "Construction related packaging" means small quantities of packaging wastes that are generated in the construction, remodeling or repair of structures and related appurtenances.
(2) "Construction related packaging" does not include packaging wastes that are generated at retail establishments selling construction materials, chemical containers generated from any source or packaging wastes generated during maintenance of existing structures.
(ee) (1) "Industrial facility" includes all operations, processes and structures involved in the manufacture or production of goods, materials, commodities or other products located on, or adjacent to, an industrial site and is not limited to a single owner or to a single industrial process.
(2) "Industrial facility" includes all industrial processes and applications that may generate industrial waste that may be disposed at a solid waste disposal area that is permitted by the secretary and operated for the industrial facility generating the waste and used only for industrial waste.
(ff) (1) "Advanced recycling" means a manufacturing process where already sorted post-use polymers and recovered feedstocks are purchased and then converted into basic raw materials, feedstocks, chemicals and other products through processes that include, but are not limited to, pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, chemolysis and other similar technologies. The recycled products produced at advanced recycling facilities include, but are not limited to, monomers, oligomers, plastics, plastics and chemical feedstocks, basic and unfinished chemicals, coatings and adhesives.
(2) "Advanced recycling" does not include incineration of plastics or waste-to-energy processes, and products sold as fuel are not recycled products.
(3) For the purpose of this act and the implementation of any rules and regulations promulgated hereunder, recycled products produced at advanced recycling facilities shall be considered "recyclables" as defined in subsection (r).
(gg) (1) "Advanced recycling facility" means a manufacturing facility that:
(A) Receives, stores and converts post-use polymers and recovered feedstocks that are processed using advanced recycling;
(B) is a manufacturing facility subject to applicable department of health and environment manufacturing regulations; and
(C) the department may inspect to ensure that post-use polymers are used as raw material for advanced recycling and are not refuse or solid waste.
(2) For the purpose of this act and the implementation of any rules and regulations promulgated hereunder, "advanced recycling facilities" shall not be considered solid waste disposal facilities, final disposal facilities, solid waste management facilities, solid waste processing facilities, solid waste recovery facilities, incinerators or waste-to-energy facilities.
(3) The owner or operator of an advanced recycling facility shall be responsible for the proper disposal of all recyclable material stored on the facility premises within 60 days of closure.
(hh) "Mass balance attribution" means a chain of custody accounting methodology with rules defined by a third-party certification system that enables the attribution of the mass of advanced recycling feedstocks to one or more advanced recycling products.
(ii) (1) "Post-use polymer" means a plastic that:
(A) Is derived from any industrial, commercial, agricultural or domestic activities and includes pre-consumer recovered materials and post-consumer materials;
(B) has been sorted from solid waste and other regulated waste but may contain residual amounts of waste such as organic material and incidental contaminants or impurities, such as paper labels and metal rings;
(C) is not mixed with solid waste or hazardous waste on site or during processing at the advanced recycling facility;
(D) is used or intended to be used as a feedstock for the manufacturing of feedstocks, raw materials or other intermediate products or final products using advanced recycling; and
(E) is processed at an advanced recycling facility or held at such facility prior to processing.
(2) The term "post-use polymer" shall be considered "recyclables" as defined in subsection (r).
(jj) (1) "Recovered feedstock" means one or more of the following materials that has been processed so that it may be used as feedstock in an advanced recycling facility:
(A) Post-use polymers; or
(B) materials for which the United States environmental protection agency has made a nonwaste determination or has otherwise determined are feedstocks and not solid waste.
(2) "Recovered feedstock" does not include unprocessed municipal solid waste or feedstock that has been mixed with solid waste or hazardous waste on site or during processing at an advanced recycling facility.
(kk) "Recycled plastics" or "recycled plastic" means products that are produced:
(1) From mechanical recycling of pre-consumer recovered feedstocks or plastics and post-consumer plastics; or
(2) from the advanced recycling of pre-consumer recovered feedstocks or plastics and post-consumer plastics through mass balance attribution under a third-party certification system.
(ll) "Third-party certification system" means an international and multi-national third-party certification system that consists of a set of rules for the implementation of mass balance attribution approaches for advanced recycling of materials. Third-party certification systems include, but are not limited to: International sustainability and carbon certification; underwriter laboratories; scs recycled content; roundtable on sustainable biomaterials; ecoloop; and redcert2.
History: L. 1970, ch. 264, § 2; L. 1974, ch. 352, § 156; L. 1977, ch. 221, § 1; L. 1979, ch. 202, § 1; L. 1981, ch. 251, § 21; L. 1992, ch. 316, § 2; L. 1993, ch. 274, § 1; L. 1994, ch. 283, § 1; L. 1995, ch. 221, § 1; L. 1997, ch. 140, § 2; L. 2001, ch. 127, § 1; L. 2002, ch. 121, § 1; L. 2005, ch. 25, § 1; L. 2006, ch. 53, § 1; L. 2023, ch. 9, § 1; L. 2024, ch. 17, § 2; July 1.
§ 65-3403 Repealed
History: L. 1970, ch. 264, § 3; Repealed, L. 1974, ch. 352, § 189; July 1.
§ 65-3404 Repealed
History: L. 1970, ch. 264, § 4; L. 1974, ch. 348, § 30; L. 1974, ch. 352, § 157; Repealed, L. 1977, ch. 221, § 9; April 9.
§ 65-3405 Solid waste management plan required; solid waste management committee; process for adoption and revision of plan; contents of plan
(a) Each county of this state, or a designated city, shall submit to the secretary a workable plan for the management of solid waste in such county. The plan developed by each county or designated city shall be adopted by the governing body of such county or designated city if so authorized. Two or more counties, by interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto, may develop and adopt a regional plan in lieu of separate county plans.
(b) There shall be established in each county or group of counties cooperating in a regional plan a solid waste management committee. A county which cooperates in a regional plan may establish its own county committee in addition to cooperating in the required regional committee. A county which does not cooperate in a regional plan may designate, by interlocal agreement, a city as the solid waste management planning authority for the county. Subject to the requirements of this section, the membership of the committee, the terms of committee members, the organization of the committee and selection of its officers shall be determined by the county or counties by interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto. The number of members on the committee, whether an individual county committee or a regional committee, shall be not fewer than five or a number equal to the total number of counties cooperating in the regional plan, whichever is more, and shall not exceed 30. The membership shall include: (1) Representatives of incorporated cities located in the county or counties, not to exceed five members representing any cities of the first class, three members representing any cities of the second class and one member representing any cities of the third class; (2) one representative of unincorporated areas of the county or counties; (3) representatives of the general public, citizen organizations, private industry, any private solid waste management industry operating in the county or counties and any private recycling or scrap material processing industry operating in the county or counties; (4) the recycling coordinator, if any, of the county or counties; and (5) any other persons deemed appropriate by the county, designated city or groups of counties, including, but not limited to, county commissioners, county engineers, county health officers and county planners. Members of the committee shall be appointed by the board of county commissioners or governing body of the designated city or by agreement of the boards of county commissioners cooperating in the plan. A county commissioner shall not be appointed to a regional planning committee unless one or more other noncommissioners also represent the commissioner's county on the committee. A regional planning committee shall include at least one representative of each county in the region. Persons appointed to an individual county planning committee in a county covered by a regional plan may also serve on a regional planning committee. Members appointed to represent cities shall be nominated by the mayor of the city represented, or by agreement of all mayors of the cities represented if more than one city of the class is located in the county or counties. If the nominee is not appointed or rejected within 30 days after nomination, the nominee shall be deemed appointed.
(c) The solid waste management committee, whether an individual county committee or a regional committee, shall: (1) Be responsible for the preparation of the solid waste management plan of the individual county or group of counties; (2) review the plan at least annually; and (3) provide to the county commissioners of the individual county or group of counties served by the plan a report containing the results of the annual plan reviews, including recommendations for revisions to the plan. Annual plan reviews which take place in years when county commissions are scheduled to carry out five-year public hearings in accordance with subsection (d) shall comprehensively evaluate the adequacy of the plan with respect to all criteria established by subsection (j). The responsibilities of a solid waste management committee established in a county which cooperates in a regional plan are to be determined by the county commission of such county.
(d) Each county commission shall: (1) Review the county or regional solid waste management plan, the annual review report and any proposed revisions of the plan prepared by the solid waste management committee; (2) adopt the solid waste management plan or proposed revisions to the plan prepared by the solid waste management committee as submitted or as revised by the county commission, except as provided by subsection (g) for regional plans; (3) at least every five years hold a public hearing on the county or regional solid waste management plan, including a review of projected solid waste management practices and needs for a 10-year planning period; (4) notify the department that the solid waste management committee has completed each annual review and each five-year public hearing and that the commission has adopted the plan or review, except as provided in subsection (g) for regional plans; (5) submit with the annual notification a list of solid waste management committee members representing the county on an individual county committee or a regional committee; and (6) review permit applications for solid waste processing facilities and solid waste disposal areas submitted to the department pursuant to K.S.A. 65-3407, and amendments thereto, to determine consistency of the proposed facility with the county or regional plan and to certify that the area is properly zoned or compatible with surrounding land uses. County commissions may utilize the annual plan review reports prepared by solid waste management committees as the basis for the required five-year public hearings.
(e) The county commission of each county which has completed an individual county solid waste plan shall convene an annual meeting of the county solid waste management committee to review the plan. If a quorum of the solid waste management committee is not present, the county commission may independently complete the annual review required in subsection (c).
(f) The county commission of a county which has completed an individual county solid waste management plan may choose to revise its plan at a time which does not coincide with a scheduled annual review by the county solid waste management committee. In such a case, the county commission shall convene a meeting of the solid waste management committee to review the commission's proposed changes and obtain committee comments and recommendations for plan revision. If a quorum of the solid waste management committee is not present, the county commission may independently revise and adopt the county solid waste management plan. The aforementioned meeting shall include an opportunity for public input.
(g) A regional solid waste management committee shall meet annually to review the regional solid waste management plan. The recommendations of the regional committee shall be distributed to the county commissioners of each county cooperating in the regional plan. Each county commission shall either: (1) Adopt the regional committee report, including any proposed plan revisions, and submit the record of adoption back to the regional committee; or (2) submit comments back to the regional committee. Following the adoption of the annual review report by every county in the region, the regional committee shall notify the department that the annual review or five-year update has been completed.
(h) The county commission of a county which cooperates in a regional solid waste management plan may choose to revise its plan at a time which does not coincide with a scheduled annual review by the regional solid waste management committee. At such time, the provisions of the interlocal agreement shall establish protocols for addressing the needs of the county seeking the change in the regional plan.
(i) Each county or group of counties is required to adopt and implement a solid waste management plan pursuant to this section and is responsible for continued and ongoing planning for systematic solid waste management within the boundaries of such county or group of counties. The solid waste management plan of each county, designated city or group of counties shall provide for a solid waste management system plan to serve all generators of solid waste within the county or group of counties.
(j) Every plan shall:
(1) Delineate areas within the jurisdiction of the political subdivision or subdivisions where waste management systems are in existence and areas where the solid waste management systems are planned to be available within a 10-year period.
(2) Conform to the rules and regulations, standards and procedures adopted by the secretary for implementation of this act.
(3) Provide for solid waste management systems in a manner consistent with the needs and plans of the whole area, and in a manner which will not contribute to pollution of the waters or air of the state, nor constitute a public nuisance and shall otherwise provide for the safe and sanitary disposal of solid waste.
(4) Conform with existing comprehensive plans, population trend projections, engineering and economics so as to delineate with practicable precision those portions of the area which may reasonably be expected to be served by a solid waste management system within the next 10 years.
(5) Take into consideration existing acts and regulations affecting the development, use and protection of air, water or land resources.
(6) Establish a time schedule and revenue schedule for the development, construction and operation of the planned solid waste management systems, together with the estimated cost thereof.
(7) Describe the elements of the plan which will require public education and include a plan for delivering such education.
(8) Include such other reasonable information as the secretary requires.
(9) Establish a schedule for the reduction of waste volumes taking in consideration the following: (A) Source reduction; (B) reuse, recycling, composting; and (C) land disposal.
(10) Take into consideration the development of specific management programs for certain wastes, including but not limited to lead acid batteries, household hazardous wastes, small quantities of hazardous waste, white goods containing chlorofluorocarbons, pesticides and pesticide containers, motor oil, consumer electronics, medical wastes, construction and demolition waste, seasonal clean-up wastes, wastes generated by natural disasters and yard waste.
(k) The plan and any revision of the plan shall be reviewed by appropriate official planning agencies within the area covered by the plan for consistency with programs of comprehensive planning for the area. All such reviews shall be transmitted to the secretary with the proposed plan or revision.
(l) The secretary is hereby authorized to approve or disapprove plans for solid waste management systems, or revisions of such plans, submitted in accordance with this act. If a plan or revision is disapproved, the secretary shall furnish any and all reasons for such disapproval, and the county or group of counties whose plan or revision is disapproved may request a hearing before the secretary in accordance with K.S.A. 65-3412, and amendments thereto.
(m) The secretary is authorized to provide technical assistance to counties or designated cities in coordinating plans for solid waste management systems required by this act, including revisions of such plans.
(n) The secretary may recommend that two or more counties adopt, submit and implement a regional plan rather than separate county plans.
(o) The secretary may institute appropriate action to compel submission of plans or plan revisions in accordance with this act and the rules and regulations, standards and procedures of the secretary.
(p) Upon approval of the secretary of a solid waste management plan, the county or designated city is authorized and directed to implement the provisions contained in the plan.
(q) A county cooperating in a regional solid waste management plan may withdraw from such plan only:
(1) In accordance with the terms of the interlocal agreement adopting the old plan or upon revision or termination of such agreement to permit withdrawal and upon a determination by the secretary that the existing regional solid waste management plan will not be significantly affected by the withdrawal; or
(2) if two or more revised solid waste management plans are prepared and submitted to the department for review and approval addressing solid waste management in counties which have decided to plan individually or in any newly formed regions.
History: L. 1970, ch. 264, § 5; L. 1974, ch. 352, § 158; L. 1992, ch. 316, § 3; L. 1997, ch. 140, § 3; L. 2002, ch. 79, § 1; July 1.
§ 65-3406 Duties and functions of secretary; rules and regulations; exemption of certain solid waste disposal areas from certain requirements
(a) The secretary is authorized and directed to:
(1) Adopt such rules and regulations, standards and procedures relative to solid waste management as necessary to protect the public health and environment, prevent public nuisances and enable the secretary to carry out the purposes and provisions of this act.
(2) Report to the legislature on further assistance needed to administer the solid waste management program.
(3) Administer the solid waste management program pursuant to provisions of this act.
(4) Cooperate with appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out duties under this act.
(5) Develop a statewide solid waste management plan.
(6) Provide technical assistance, including the training of personnel to cities, counties and other political subdivisions.
(7) Initiate, conduct and support research, demonstration projects and investigations and coordinate all state agency research programs with applicable federal programs pertaining to solid waste management systems.
(8) Establish policies for effective solid waste management systems.
(9) Assist counties and groups of counties to establish and implement solid waste planning and management.
(10) Authorize issuance of such permits and orders and conduct such inspections as may be necessary to implement the provisions of this act and the rules and regulations and standards adopted pursuant to this act.
(11) Conduct and contract for research and investigations in the overall area of solid waste storage, collection, transportation, processing, treatment, recovery and disposal including, but not limited to, new and novel procedures.
(12) Adopt rules and regulations for permitting of all solid waste disposal areas, including those that are privately owned.
(13) Adopt rules and regulations establishing criteria for the location of processing facilities and disposal areas for solid wastes.
(14) Adopt rules and regulations establishing appropriate measures for monitoring solid waste disposal areas and processing facilities, both during operation and after closure.
(15) Adopt rules and regulations requiring that, for such period of time as the secretary shall specify, any assignment, sale, conveyance or transfer of all or any part of the property upon which a permitted disposal area for solid waste is or has been located shall be subject to such terms and conditions as to the use of such property as the secretary shall specify to protect human health and the environment.
(16) Adopt suitable measures, including rules and regulations if appropriate, to encourage recovery and recycling of solid waste for reuse whenever feasible.
(17) Adopt rules and regulations establishing standards for transporters of solid waste.
(18) Adopt rules and regulations establishing minimum standards for closing, termination, and long-term care of sites for the land disposal of solid waste. In this subsection, "site" refers to a site for the land disposal of solid waste which has a permit issued under K.S.A. 65-3407 and amendments thereto. The owner of a site shall be responsible for the long-term care of the site for 30 years after the closing of the site, except the secretary may extend the long-term care responsibility of a particular site or sites as the secretary deems necessary to protect the public health and safety or the environment. Any person acquiring rights of ownership, possession or operation in a permitted site or facility for the land disposal of solid waste at any time after the site has begun to accept waste and prior to closure shall be subject to all requirements of the permit for the site or facility, including the requirements relating to long-term care of the site or facility.
(19) Enter into cooperative agreements with the secretary of commerce for the development and implementation of statewide market development for recyclable materials.
(20) Adopt rules and regulations for the management of nonhazardous special wastes.
(b) In adopting rules and regulations, the secretary shall allow the exemption contained in subsection (f)(1) of 40 C.F.R. 258.1 (October 9, 1991), as amended and in effect on the effective date of this act.
(c) (1) Any rules and regulations adopted by the secretary which establish standards for solid waste processing facilities or solid waste disposal areas that are more stringent than the standards required by federal law or applicable federal regulations on such date shall not become effective until 45 days after the beginning of the next ensuing session of the legislature, which date shall be specifically provided in such rule and regulation.
(2) The provisions of subsection (c)(1) shall not apply to rules and regulations adopted before January 1, 1995, which establish standards for location, design and operation of solid waste processing facilities and disposal areas.
(d) Any solid waste disposal area which qualifies for the exemption provided for by subsection (b) and which successfully demonstrates that naturally occurring geological conditions provide sufficient protection against groundwater contamination shall not be required to construct a landfill liner or leachate collection system. The secretary shall adopt rules and regulations which establish criteria for performing this demonstration and standards for liner and leachate collection systems for exempt landfills which fail the demonstration. Solid waste disposal areas which qualify for the exemption provided for by subsection (b) may be designed with trenches or units which have straight vertical walls. All solid waste disposal areas which qualify for the exemption provided for by subsection (b) shall be required to comply with all applicable rules and regulations adopted by the secretary and approved by the U.S. environmental protection agency, including location restrictions, operating requirements and closure standards for municipal solid waste landfills. Operating requirements include, but are not limited to, hazardous waste screening, daily cover, intermediate cover, disease vector control, gas monitoring and management, air emissions, survey controls, compaction, recordkeeping and groundwater monitoring.
The identification of groundwater contamination caused by disposal activities at a solid waste disposal area which has qualified for the exemption provided for by subsection (b) shall result in:
(1) The loss of such exemption; and
(2) the application of all corrective action and design requirements specified in federal laws and regulations, or in equivalent rules and regulations adopted by the secretary and approved by the U.S. environmental protection agency, to such disposal area.
History: L. 1970, ch. 264, § 6; L. 1974, ch. 352, § 159; L. 1975, ch. 312, § 12; L. 1977, ch. 221, § 2; L. 1979, ch. 202, § 5; L. 1981, ch. 251, § 22; L. 1992, ch. 316, § 4; L. 1993, ch. 274, § 2; L. 1994, ch. 283, § 2; L. 1995, ch. 140, § 1; L. 1997, ch. 139, § 1; July 1.
§§ 65-3406a, 65-3406b Repealed
History: L. 1979, ch. 202, §§ 2, 3; Repealed, L. 1981, ch. 251, § 28; July 1.
§ 65-3406c Repealed
History: L. 1979, ch. 202, § 4; L. 1980, ch. 158, § 3; Repealed, L. 1981, ch. 251, § 28; July 1.
§ 65-3406d Repealed
History: L. 1980, ch. 158, § 4; Repealed, L. 1981, ch. 251, § 28; July 1.
§ 65-3407 Permits to construct, alter or operate solid waste processing facilities and solid waste disposal areas; fees; requirements for closure and post-closure care; limitations on issuance of permits
(a) Except as otherwise provided by K.S.A. 65-3407c, and amendments thereto, no person shall construct, alter or operate a solid waste processing facility or a solid waste disposal area of a solid waste management system, except for clean rubble disposal sites, without first obtaining a permit from the secretary.
(b) Every person desiring to obtain a permit to construct, alter or operate a solid waste processing facility or disposal area shall make application for such a permit on forms provided for such purpose by the rules and regulations of the secretary and shall provide the secretary with such information as necessary to show that the facility or area will comply with the purpose of this act. Upon receipt of any application and payment of the application fee, the secretary, with advice and counsel from the local health authorities and the county commission, shall make an investigation of the proposed solid waste processing facility or disposal area and determine whether it complies with the provisions of this act and any rules and regulations and standards adopted thereunder. The secretary also may consider the need for the facility or area in conjunction with the county or regional solid waste management plan. If the investigation reveals that the facility or area conforms with the provisions of the act and the rules and regulations and standards adopted thereunder, the secretary shall approve the application and shall issue a permit for the operation of each solid waste processing or disposal facility or area set forth in the application. If the facility or area fails to meet the rules and regulations and standards required by this act the secretary shall issue a report to the applicant stating the deficiencies in the application. The secretary may issue temporary permits conditioned upon corrections of construction methods being completed and implemented.
(c) Before reviewing any application for permit, the secretary shall conduct a background investigation of the applicant. The secretary shall consider the financial, technical and management capabilities of the applicant as conditions for issuance of a permit. The secretary may reject the application prior to conducting an investigation into the merits of the application if the secretary finds that:
(1) The applicant currently holds, or in the past has held, a permit under this section and while the applicant held a permit under this section the applicant violated a provision of K.S.A. 65-3409(a), and amendments thereto;
(2) the applicant previously held a permit under this section and that permit was revoked by the secretary;
(3) the applicant failed or continues to fail to comply with any of the provisions of the air, water or waste statutes, including rules and regulations issued thereunder, relating to environmental protection or to the protection of public health in this or any other state or the federal government of the United States, or any condition of any permit or license issued by the secretary; or if the secretary finds that the applicant has shown a lack of ability or intention to comply with any provision of any law referred to in this subsection or any rule and regulation or order or permit issued pursuant to any such law as indicated by past or continuing violations; or
(4) the applicant is a corporation and any principal, shareholder, or other person capable of exercising total or partial control of such corporation could be determined ineligible to receive a permit pursuant to paragraph (1), (2) or (3).
(d) Before reviewing any application for a permit, the secretary may request that the attorney general perform a comprehensive criminal background investigation of the applicant, or in the case of a corporate applicant, any principal, shareholder or other person capable of exercising total or partial control of the corporation in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto. The secretary may reject the application prior to conducting an investigation into the merits of the application if the secretary finds that serious criminal violations have been committed by the applicant or a principal of the corporation.
(e) (1) The fees for a solid waste processing or disposal permit shall be established by rules and regulations adopted by the secretary. The fee for the application and original permit shall not exceed $5,000. Except as provided by paragraphs (2) and (3), the annual permit renewal fee shall not exceed $2,000. No refund shall be made in case of revocation. In establishing fees for a construction and demolition landfill, the secretary shall adopt a differential fee schedule based upon the volume of construction and demolition waste to be disposed of at such landfill. All fees shall be deposited in the state treasury and credited to the solid waste management fund. Except for the annual permit renewal fees provided in paragraph (3), a city, county, other political subdivision or state agency shall be exempt from payment of the fee but shall meet all other provisions of this act.
(2) Except as provided in paragraph (3), the annual permit renewal fee for a solid waste disposal area that is permitted by the secretary, owned or operated by the facility generating the waste and used only for industrial waste generated by such facility shall be not less than $1,000 and not more than $4,000. In establishing fees for such disposal areas, the secretary shall adopt a differential fee schedule based upon the characteristics of the disposal area sites.
(3) (A) For each solid waste disposal area and each solid waste processing facility that is permitted by the secretary and subject to the requirements of 40 C.F.R. 257 subpart D, as in effect on July 1, 2017, or any later version adopted by reference by the secretary in rules and regulations, the annual permit renewal fee shall be not less than $12,000 and not more than $16,000.
(B) The minimum fee shall apply until a fee schedule is established by the secretary in rules and regulations.
(C) If a single permit encompasses more than one solid waste disposal area or solid waste processing facility, the total fee for the permit shall be an amount equal to the sum of the fees for each solid waste disposal area and each solid waste processing facility subject to 40 C.F.R. 257 subpart D encompassed in the permit.
(D) The first annual permit fee is due on September 1, 2022.
(E) If such solid waste disposal area or solid waste processing facility is operating under a federally issued coal combustion residuals (CCR) permit that includes all applicable requirements of 40 C.F.R. 257 subpart D, then the fees provided in this paragraph shall no longer apply and such disposal area or facility shall be subject to the fees provided in paragraph (2).
(F) Upon a determination by the department of health and environment that such solid waste disposal area or solid waste processing facility has met all applicable post-closure care requirements of 40 C.F.R. 257 subpart D, and article 29 of the Kansas administrative regulations, then such disposal area or facility shall no longer be subject to permitting under this paragraph.
(f) Plans, designs and relevant data for the construction of solid waste processing facilities and disposal sites shall be prepared by a professional engineer licensed to practice in Kansas and shall be submitted to the department for approval prior to the construction, alteration or operation of such facility or area. In adopting rules and regulations, the secretary may specify sites, areas or facilities where the environmental impact is minimal and may waive such preparation requirements provided that a review of such plans is conducted by a professional engineer licensed to practice in Kansas.
(g) Each permit granted by the secretary, as provided in this act, shall be subject to such conditions as the secretary deems necessary to protect human health and the environment and to conserve the sites. Such conditions shall include approval by the secretary of the types and quantities of solid waste allowable for processing or disposal at the permitted location.
(h) (1) Before issuing or renewing a permit to operate a solid waste processing facility or solid waste disposal area, the secretary shall require the permittee to demonstrate that funds are available to ensure payment of the cost of closure and postclosure care and provide liability insurance for accidental occurrences at the permitted facility.
(2) If the permittee owns the land where the solid waste processing facility or disposal area is located or the permit for the facility was issued before the date this act is published in the Kansas register, the permittee shall satisfy the financial assurance requirement for closure and postclosure care by providing a trust fund, a surety bond guaranteeing payment, an irrevocable letter of credit or insurance policy, or by passing a financial test or obtaining a financial guarantee from a related entity, to guarantee the future availability of funds. The secretary shall prescribe the methods to be used by a permittee to demonstrate sufficient financial strength to become eligible to use a financial test or a financial guarantee procedure in lieu of providing the other financial instruments. Solid waste processing facilities or disposal areas, except municipal solid waste landfills, may also demonstrate financial assurance costs by use of ad valorem taxing power.
(3) If the permittee does not own the land where the solid waste processing facility or disposal area is located and the permit for the facility is issued after the date this act is published in the Kansas register, the permittee shall satisfy the financial assurance requirement for closure and postclosure care by providing a trust fund, a surety bond guaranteeing payment, or an irrevocable letter of credit.
(4) The secretary shall require each permittee of a solid waste processing facility or disposal area to provide liability insurance coverage during the period that the facility or area is active, and during the term of the facility or area is subject to postclosure care, in such amount as determined by the secretary to insure the financial responsibility of the permittee for accidental occurrences at the site of the facility or area. Any such liability insurance as may be required pursuant to this subsection or pursuant to the rules and regulations of the secretary shall be issued by an insurance company authorized to do business in Kansas or by a licensed insurance agent operating under authority of K.S.A. 40-246b, and amendments thereto, and shall be subject to the insurer's policy provisions filed with and approved by the commissioner of insurance pursuant to K.S.A. 40-216, and amendments thereto, except as authorized by K.S.A. 40-246b, and amendments thereto. Nothing contained in this subsection shall be deemed to apply to any state agency or department or agency of the federal government.
(i) (1) Permits granted by the secretary as provided by this act shall not be transferable except as follows:
(A) A permit for a solid waste disposal area may be transferred if the area is permitted for only solid waste produced on site from manufacturing and industrial processes or on-site construction or demolition activities and the only change in the permit is a name change resulting from a merger, acquisition, sale, corporate restructuring or other business transaction.
(B) A permit for a solid waste disposal area or a solid waste processing facility may be transferred if the secretary approves of the transfer based upon information submitted to the secretary sufficient to conduct a background investigation of the new owner as specified in subsections (c) and (d) and a financial assurance evaluation as specified in subsection (h). Such information shall be submitted to the secretary not more than one year nor less than 60 days before the transfer. If the secretary does not approve or disapprove the transfer within 30 days after all required information is submitted to the secretary, the transfer shall be deemed to have been approved.
(2) Permits granted by the secretary as provided by this act shall be revocable or subject to suspension whenever the secretary shall determine that the solid waste processing or disposal facility or area is, or has been constructed or operated in violation of this act or the rules and regulations or standards adopted pursuant to the act, or is creating or threatens to create a hazard to persons or property in the area or to the environment, or is creating or threatens to create a public nuisance, or upon the failure to make payment of any fee required under this act.
(3) The secretary also may revoke, suspend or refuse to issue a permit when the secretary determines that past or continuing violations of the provisions of subsection (c)(3) or K.S.A. 65-3409 or 65-3424b, and amendments thereto, have been committed by a permittee, or any principal, shareholder or other person capable of exercising partial or total control over a permittee.
(j) Except as otherwise provided by subsection (i)(1), the secretary may require a new permit application to be submitted for a solid waste processing facility or a solid waste disposal area in response to any change, either directly or indirectly, in ownership or control of the permitted real property or the existing permittee.
(k) In case any permit is denied, suspended or revoked the person, city, county or other political subdivision or state agency may request a hearing before the secretary in accordance with K.S.A. 65-3412, and amendments thereto.
(l) (1) No permit to construct or operate a solid waste disposal area shall be issued on or after the effective date of this act if such area is located within 1/2 mile of a navigable stream used for interstate commerce or within one mile of an intake point for any public surface water supply system.
(2) Any permit, issued before the effective date of this act, to construct or operate a solid waste disposal area is hereby declared void if such area is not yet in operation and is located within 1/2 mile of a navigable stream used for interstate commerce or within one mile of an intake point for any public surface water supply system.
(3) The provisions of this subsection shall not be construed to prohibit:
(A) Issuance of a permit for lateral expansion onto land contiguous to a permitted solid waste disposal area in operation on the effective date of this act;
(B) issuance of a permit for a solid waste disposal area for disposal of a solid waste by-product produced on-site;
(C) renewal of an existing permit for a solid waste area in operation on the effective date of this act; or
(D) activities regulated under K.S.A. 65-163 through 65-165 or 65-171d, and amendments thereto.
(m) Before reviewing any application for a solid waste processing facility or solid waste disposal area, the secretary shall require the following information as part of the application:
(1) Certification by the board of county commissioners or the mayor of a designated city responsible for the development and adoption of the solid waste management plan for the location where the processing facility or disposal area is or will be located that the processing facility or disposal area is consistent with the plan. This certification shall not apply to a solid waste disposal area for disposal of only solid waste produced on site from manufacturing and industrial processes or from on-site construction or demolition activities.
(2) If the location is zoned, certification by the local planning and zoning authority that the processing facility or disposal area is consistent with local land use restrictions or, if the location is not zoned, certification from the board of county commissioners that the processing facility or disposal area is compatible with surrounding land use.
(3) For a solid waste disposal area permit issued on or after July 1, 1999, proof that the applicant either owns the land where the disposal area will be located or operates the solid waste disposal area for an adjacent or on-site industrial facility, if the disposal area is:
(A) A municipal solid waste landfill; or
(B) a solid waste disposal area that has:
(i) A leachate or gas collection or treatment system;
(ii) waste containment systems or appurtenances with planned maintenance schedules; or
(iii) an environmental monitoring system with planned maintenance schedules or periodic sampling and analysis requirements.
(4) If the applicant does not own the land, the applicant shall also provide proof that the applicant has acquired and duly recorded an easement to the landfill property. The easement shall authorize the applicant to carry out landfill operations, closure, post-closure care, monitoring, and all related construction activities on the landfill property as required by applicable solid waste laws and regulations, as established in permit conditions, or as ordered or directed by the secretary. Such easement shall run with the land if the landfill property is transferred and the easement may only be vacated with the consent of the secretary. These requirements shall not apply to a permit for lateral or vertical expansion contiguous to a permitted solid waste disposal area in operation on July 1, 1999, if such expansion is on land leased by the permittee before April 1, 1999.
History: L. 1970, ch. 264, § 7; L. 1974, ch. 352, § 160; L. 1977, ch. 221, § 3; L. 1981, ch. 251, § 23; L. 1991, ch. 196, § 1; L. 1992, ch. 316, § 5; L. 1993, ch. 274, § 4; L. 1994, ch. 283, § 3; L. 1997, ch. 140, § 4; L. 1999, ch. 112, § 1; L. 2001, ch. 127, § 2; L. 2002, ch. 101, § 1; L. 2006, ch. 53, § 2; L. 2022, ch. 18, § 1; L. 2024, ch. 15, § 58; July 1.
§ 65-3407a Special land use permit for operation of solid waste disposal area void, when
Any special land use permit, issued by a city before the effective date of this act, to use land for the purpose of operating a solid waste disposal area is hereby declared void if such area is not yet in operation and such land is located within ½ mile of a navigable stream used for interstate commerce or within one mile of an intake point for any public surface water supply system.
History: L. 1991, ch. 196, § 2; May 16.
§ 65-3407b Application of subsection (i)(2) of K.S.A. 65-3407 and 65-3407a
The provisions of subsection (i)(2) of K.S.A. 65-3407 and amendments thereto and K.S.A. 65-3407a shall not apply unless the city or county where the original permitted site was located agrees to reimburse the permittee for all moneys expended to obtain the permits and develop the solid waste disposal area or an amount mutually agreed upon by the parties.
History: L. 1991, ch. 196, § 3; May 16.
§ 65-3407c Exemptions from permit requirement; rules and regulations; reports
(a) The secretary may authorize persons to carry out the following activities without a solid waste permit issued pursuant to K.S.A. 65-3407, and amendments thereto:
(1) Dispose of solid waste at a site where the waste has been accumulated or illegally dumped. Disposal of some or all such waste must be identified as an integral part of a site cleanup and closure plan submitted to the department by the person responsible for the site. No additional waste may be brought to the site following the department's approval of the site cleanup and closure plan.
(2) Perform temporary projects to remediate soils contaminated by organic constituents capable of being reduced in concentration by biodegradation processes or volatilization, or both. Soil to be treated may be generated on-site or off-site. A project operating plan and a site closure plan must be submitted to the department as part of the project approval process.
(3) Dispose of demolition waste resulting from demolition of an entire building or structure if such waste is disposed of at, adjacent to or near the site where the building or structure was located. Prior to the department's authorization, written approval for the disposal must be obtained from the landowner and the local governmental or zoning authority having jurisdiction over the disposal site. The disposal area must be covered with a minimum of two feet of soil and seeded, rocked or paved. The final grades for the disposal site must be compatible with and not detract from the appearance of adjacent properties. In addition to the factors listed in subsection (b), the secretary shall consider the following when evaluating requests for off-site disposal of demolition waste:
(A) Public safety concerns associated with the building or structure proposed to be demolished.
(B) Proposed plans to redevelop the building site which would be impacted by on-site disposal of debris.
(C) The disposal capacity of any nearby permitted landfill.
(4) Dispose of solid waste generated as a result of a transportation accident if such waste is disposed of on property adjacent to or near the accident site. Prior to the department's authorization, written approval for the disposal must be obtained from the landowner and the local governmental or zoning authority having jurisdiction over the disposal site. A closure plan must be submitted to the department as part of the authorization process.
(5) Dispose of whole unprocessed livestock carcasses on property at, adjacent or near where the animals died if: (A) Such animals died as a result of a natural disaster or their presence has created an emergency situation; and (B) proper procedures are followed to minimize threats to human health and the environment. Prior to the department's authorization, written approval for the disposal must be obtained from the landowner and the local governmental or zoning authority having jurisdiction over the disposal site.
(6) Dispose of solid waste resulting from natural disasters, such as storms, tornadoes, floods and fires, or other such emergencies, when a request for disposal is made by the local governmental authority having jurisdiction over the area. Authorization shall be granted by the department only when failure to act quickly could jeopardize human health or the environment. Prior to the department's authorization, written approval for the disposal must be obtained from the landowner and the local governmental or zoning authority having jurisdiction over the disposal site. The local governmental authority must agree to provide proper closure and postclosure maintenance of the disposal site as a condition of authorization.
(7) Store solid waste resulting from natural disasters, such as storms, tornadoes, floods and fires, or other such emergencies, at temporary waste transfer sites, when a request for storage is made by the local governmental authority having jurisdiction over the area. Authorization shall be granted by the department only when failure to act quickly could jeopardize human health or the environment. Prior to the department's authorization, written approval for the storage must be obtained from the landowner and the local governmental or zoning authority having jurisdiction over the storage site. The local governmental authority must agree to provide proper closure of the storage and transfer site as a condition of authorization.
(8) (A) Dispose of solid waste generated by drilling oil and gas wells by land-spreading in accordance with best management practices and maximum loading rates established in rules and regulations adopted by the secretary.
(B) For any area that annually receives more than 25 inches of precipitation, as determined by the department, any solid waste disposed of by land-spreading shall be incorporated into the soil. No land-spreading shall occur on any area where the water table is less than 10 feet or on any area where there is documented groundwater contamination as determined by the department.
(C) (i) Each separate land-spreading location shall require submission of an application to land-spread drilling waste, complete with all information required on the application form developed by the secretary. The contents of the application form shall include, but are not limited to, the land-spreading location, soil characteristics, waste characteristics, waste volumes, drilling mud additives, land-spreading method and post-land-spreading report. A separate land-spreading application and a post-land-spreading report shall be submitted for each location.
(ii) For the purposes of protecting the health, safety and property of the people of the state, and preventing surface and subsurface water pollution and soil pollution detrimental to public health or to the plant, animal and aquatic life of the state, a land-spreading application may not be approved for the same location unless a minimum of three years has passed since the previous land spreading occurred.
(iii) A fee of $250 shall be paid to the state corporation commission with each drilling waste land-spreading application. The fee shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto, to be credited to the conservation fee fund.
(D) The secretary and the state corporation commission shall enter into a memorandum of agreement for the purposes of:
(i) Administering the land-spreading application and approval process;
(ii) monitoring compliance; and
(iii) establishing mechanisms for enforcement and remedial actions.
(E) The seller of any property where land-spreading has occurred within the previous three years pursuant to this paragraph shall disclose such land-spreading and the date thereof to any potential purchaser of such property prior to closing.
(F) On or before January 1, 2014, the secretary, in coordination with the state corporation commission, shall adopt rules and regulations governing land-spreading of waste generated by drilling oil and gas wells. In developing such rules and regulations, the secretary and the state corporation commission shall seek advice and comments from groundwater management districts and other groups or persons knowledgeable and experienced in areas related to this paragraph.
(G) On or before January 30 of each year, the state corporation commission, in coordination with the Kansas department of health and environment, shall present a report to the senate standing committees on natural resources, utilities and ways and means and to the house standing committees on agriculture and natural resources, energy and environment and appropriations. Such report shall include, but not be limited to, information concerning the implementation and status of land-spreading procedures and the costs associated with the regulation of land-spreading pursuant to this paragraph.
(b) The secretary shall consider the following factors when determining eligibility for an exemption to the solid waste permitting requirements under this section:
(1) Potential impacts to human health and the environment.
(2) Urgency to perform necessary work.
(3) Costs and impacts of alternative waste handling methods.
(4) Local land use restrictions.
(5) Financial resources of responsible parties.
(6) Technical feasibility of proposed project.
(7) Technical capabilities of persons performing proposed work.
(c) The secretary may seek counsel from local government officials prior to exempting activities from solid waste permitting requirements under this section.
History: L. 1997, ch. 140, § 5; L. 1999, ch. 112, § 2; L. 2001, ch. 127, § 3; L. 2011, ch. 18, § 1; L. 2012, ch. 170, § 1; L. 2015, ch. 35, § 3; July 1.
§ 65-3408 Compliance with act by state institutions and agencies; permits; contracts
All state institutions and agencies shall obtain a permit from the secretary under the provisions of K.S.A. 65-3407 and shall also comply with all other provisions of this act: Provided further, That such institutions and agencies may contract with any person, city, county, other political subdivision or state agency to carry out their responsibilities under the act.
History: L. 1970, ch. 264, § 8; L. 1974, ch. 352, § 161; July 1.
§ 65-3409 Unlawful acts; penalties
(a) It shall be unlawful for any person to:
(1) Dispose of any solid waste by open dumping, but this provision shall not prohibit: (A) The use of solid wastes, except for waste tires, as defined by K.S.A. 65-3424, and amendments thereto, in normal farming operations or in the processing or manufacturing of other products in a manner that will not create a public nuisance or adversely affect the public health; or (B) an individual from dumping or depositing solid wastes resulting from such individual's own residential or agricultural activities onto the surface of land owned or leased by such individual when such wastes do not create a public nuisance or adversely affect the public health or the environment.
(2) Except as otherwise provided by K.S.A. 65-3407c, and amendments thereto, construct, alter or operate a solid waste processing or disposal facility or act as a waste tire transporter or mobile waste tire processor, as defined by K.S.A. 65-3424, and amendments thereto, without a permit or be in violation of the rules and regulations, standards or orders of the secretary.
(3) Violate any condition of any permit issued under K.S.A. 65-3407 or 65-3424b, and amendments thereto.
(4) Conduct any solid waste burning operations in violation of the provisions of the Kansas air quality act.
(5) Store, collect, transport, process, treat or dispose of solid waste contrary to the rules and regulations, standards or orders of the secretary or in such a manner as to create a public nuisance.
(6) Refuse or hinder entry, inspection, sampling and the examination or copying of records related to the purposes of this act by an agent or employee of the secretary after such agent or employee identifies and gives notice of their purpose.
(7) Violate subsection (b) of K.S.A. 65-3424a, subsection (c) of K.S.A. 65-3424b or K.S.A. 65-3424i, and amendments thereto.
(8) Divide a solid waste disposal area which has been issued a permit pursuant to K.S.A. 65-3407, and amendments thereto, into two or more parcels of real property for the purpose of selling or transferring a portion of the permitted area to a new owner without receiving prior approval of the secretary. If the secretary does not approve or deny the division of the area within 60 days after the matter is submitted to the secretary for approval, the division shall be deemed to have been approved. Approval pursuant to this subsection shall not be necessary for transfer of a permitted solid waste disposal area as allowed by subsection (i)(1) of K.S.A. 65-3407, and amendments thereto.
(b) No person shall be held responsible for failure to secure a permit under the provisions of this section for the dumping or depositing of any solid waste on land owned or leased by such person without such person's expressed or implied consent, permission or knowledge.
(c) Any person who violates any provision of subsection (a) shall be guilty of a class A misdemeanor and, upon conviction thereof, shall be punished as provided by law.
History: L. 1970, ch. 264, § 9; L. 1974, ch. 352, § 162; L. 1977, ch. 221, § 4; L. 1981, ch. 251, § 24; L. 1991, ch. 197, § 8; L. 1993, ch. 13, § 17; L. 1997, ch. 140, § 6; L. 2001, ch. 127, § 4; July 1.
§ 65-3410 Cities or counties authorized to provide for collection and disposal of solid wastes or contract therefor; fees; adoption of regulations and standards
(a) Each city or county or combination of such cities and counties may provide for the storage, collection, transportation, processing and disposal of solid wastes and recyclables generated within its boundaries; and shall have the power to implement any approved solid waste management plan and to purchase all necessary equipment, acquire all necessary land, build any necessary buildings, incinerators, transfer stations, or other structures, lease or otherwise acquire the right to use land or equipment and to do all other things necessary for a proper effective solid waste management system and recycling program including the levying of fees and charges upon persons receiving service. On or before the first day of July of each calendar year, the board of county commissioners of any county, may, by resolution establish a schedule of fees to be imposed on real property within any county solid waste and recyclables service area, revenue from such fees to be used: To implement an approved solid waste management plan, to conduct operations necessary to administer the plan and to carry out its purposes and provisions; or for the acquisition, operation and maintenance of county waste disposal sites; or for financing waste collection, storage, processing, reclamation, disposal services and recycling programs, where such services are provided. In establishing the schedule of fees, the board of county commissioners shall classify the real property within the county solid waste and recyclables service area based upon the various uses to which the real property is put, the volume of waste occurring from the different land uses and any other factors that the board determines would reasonably relate the waste disposal and recyclable fee to the real property upon which it would be imposed.
The board shall set a reasonable fee for each category established and divide the real property within the county service areas according to categories and ownership. The board shall impose the appropriate fee upon each division of land and provide for the billing and collection of such fees. The fees may be established, billed, and collected on a monthly, quarterly or yearly basis. Fees collected on a yearly basis may be billed on the ad valorem tax statement. Prior to the collection of any fees levied on real property by the board under this section, the board shall notify affected property owners by causing a copy of the schedule of fees to be mailed to each property owner to whom tax statements are mailed in accordance with K.S.A. 79-2001, and amendments thereto.
Any fees authorized pursuant to this section which remain unpaid for a period of 60 or more days after the date upon which they were billed may be collected thereafter by the county as provided herein.
(1) At least once a year the board of county commissioners shall cause to be prepared a report of delinquent fees. The board shall fix a time, date, and place for hearing the report and any objections or protests thereto.
(2) The board shall cause notice of the hearing to be mailed to the property owners listed on the report not less than 10 days prior to the date of the hearing.
(3) At the hearing the board shall hear any objections or protests of property owners liable to be assessed for delinquent fees. The board may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.
(4) The delinquent fees set forth in the report as confirmed shall constitute assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees. A certified copy of the confirmed report shall be filed with the county clerk for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the county clerk of the county in which the property is situated, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same manner as ordinary county ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of county ad valorem property taxes shall be applicable to such assessment.
Any city collecting solid waste fees or charges may collect delinquent fees or charges for garbage and trash storage, collection and disposal in the manner provided for counties.
(b) In carrying out its responsibilities, any such city or county may adopt ordinances, resolutions, regulations and standards to implement an approved solid waste management plan, to conduct operations necessary to administer the plan and to carry out its purposes and provisions; and for the storage, collection, transportation, processing and disposal of solid wastes and recyclables which shall be in conformity with the rules, regulations, standards and procedures adopted by the secretary for the storage, collection, transportation, processing and disposal of solid wastes and recyclables.
(c) Cities or counties may contract with any person, city, county, other political subdivision or state agency in this or other states to carry out their responsibilities to implement an approved solid waste management plan including any operations necessary to administer the plan and carry out its purposes and provisions; and for the collection, transportation, processing and disposal of solid wastes and recyclables.
History: L. 1970, ch. 264, § 10; L. 1972, ch. 239, § 1; L. 1974, ch. 257, § 1; L. 1974, ch. 352, § 163; L. 2004, ch. 163, § 4; L. 2009, ch. 117, § 1; July 1.
§ 65-3410a Cities; counties; solid waste plan restrictions
(a) Except as provided by subsection (b), no city or county shall adopt by ordinance, resolution or in a solid waste management plan under K.S.A. 65-3405 or 65-3410, and amendments thereto, restrictions for any solid waste disposal area within its boundaries if such restrictions supersede or impair the local legislation of another city or county being serviced by the same solid waste disposal area or require another city or county to adopt new solid waste management requirements not currently required by statewide rules and regulations.
(b) A city or county may adopt restrictions for a solid waste disposal area under subsection (a) if:
(1) The city or county owns the solid waste disposal area; and
(2) such restrictions apply to the residents of such city or county but not to residents of another city or county being serviced by the same solid waste disposal area.
(c) This section shall be part of and supplemental to the provisions of article 34 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
(d) This section shall apply to any solid waste disposal area, including those in operation prior to July 1, 2014.
History: L. 2013, ch. 129, § 1; L. 2014, ch. 112, § 2; July 1.
§ 65-3410b Solid waste report; secretary of health and environment; certain legislative committees
(a) On or before January 1, 2014, the secretary of health and environment shall prepare, with review and input from operators of municipal solid waste landfills, haulers of solid waste, business and residential consumers of haulers of solid waste, cities and counties, a report on solid waste management in Kansas for the senate committee on ethics, elections and local government and the house committee on local government. The report shall include, but not be limited to, the following:
(1) A review of statutes, rules and regulations and policies on solid waste management, including, but not limited to, details on yard waste, recycling, generation rates, composting, precipitation, source reduction efforts, population, landfill capacity and gas recovery in landfills; and
(2) recommendations for legislative changes and estimates of the cost of the state of implementing such changes.
(b) This section shall be part of and supplemental to the provisions of article 34 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2013, ch. 129, § 2; July 1.
§ 65-3411 Orders to prevent pollution or hazard
If the secretary finds that the generation, accumulation, management or discharge of solid waste by any person is, or threatens to cause pollution of the land, air or waters of the state, or is a hazard to property in the area or to public health and safety, the secretary may order the person to alter the generation, accumulation or management of the solid waste or to provide and implement such solid waste management system as will prevent or remove pollution or hazards. The secretary may order any person having a permit issued pursuant to this act and operating a public or commercial solid waste management system, or any part thereof, which the secretary finds suitable to manage the solid waste, to provide and implement a solid waste management system or part thereof to prevent or remove such pollution or hazard. Such order shall specify a fair compensation to the owner or permittee for property taken or used and shall specify the terms and conditions under which the permittee shall provide such solid waste management services. Such order shall specify the length of time, after receipt of the order during which the person or permittee shall provide or implement the solid waste management system or alter the generation accumulation or management of the solid waste.
History: L. 1970, ch. 264, § 11; L. 1974, ch. 352, § 164; L. 1977, ch. 221, § 5; L. 1981, ch. 251, § 25; L. 1986, ch. 318, § 97; July 1.
§ 65-3412 Hearings in accordance with Kansas administrative procedure act; judicial review
Any person aggrieved by an order or disapproval of the secretary pursuant to K.S.A. 65-3411, and amendments thereto, may, within 15 days of service of the order, request in writing a hearing on the order. Hearings shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1970, ch. 264, § 12; L. 1974, ch. 352, § 165; L. 1986, ch. 318, § 98; L. 1988, ch. 356, § 203; L. 2010, ch. 17, § 144; July 1.
§ 65-3413 Designation of local agency to act as agent of secretary
The secretary may designate county, city-county and multicounty health departments to act as his or her agent in carrying out the provisions of this act under such terms and conditions as he or she shall prescribe.
History: L. 1970, ch. 264, § 13; L. 1974, ch. 352, § 166; L. 1980, ch. 182, § 28; July 1.
§ 65-3414 Enforcement by county or district attorney
The county or district attorney of every county is hereby authorized and directed to file appropriate actions for enforcement of this act. The county or district attorney filing the action shall notify the secretary before filing the action.
History: L. 1970, ch. 264, § 14; L. 1974, ch. 352, § 167; L. 1997, ch. 140, § 7; July 1.
§ 65-3415 Solid waste grants; loss of eligibility to receive grants in certain circumstances; required repayment of grant moneys
(a) The secretary of health and environment is authorized to assist counties, designated cities or regional solid waste management entities by administering grants to pay up to 60% of the costs of preparing and revising official plans for solid waste management systems in accordance with the requirements of this act and the rules and regulations and standards adopted pursuant to this act, and for carrying out related studies, surveys, investigations, inquiries, research and analyses.
(b) The secretary is authorized to assist counties, designated cities, municipalities, regional solid waste management entities that are part of an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto, or other applicable statutes, colleges, universities, schools, state agencies or private entities, by administering competitive grants that pay up to 75% of eligible costs incurred by such a county, city, regional entity, college, university, school, state agency or private entity pursuant to an approved solid waste management plan, for any project related to the development and operation of recycling, source reduction, waste minimization and solid waste management public education programs. Such projects shall include, but not be limited to, the implementation of innovative waste processing technologies that demonstrate nontraditional methods to reduce waste volume by recovering materials or by converting the waste into usable by-products or energy through chemical or physical processes. To be eligible for competitive grants awarded pursuant to this section, a county, designated city, regional entity, college, university, school, state agency or private entity must be implementing a project that is part of a solid waste management plan approved by the secretary or implementing a project with statewide significance as determined by the secretary with the advice and counsel of the solid waste grants advisory committee.
(c) The secretary is authorized to assist counties, cities or regional solid waste management entities that are part of an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto, or other applicable statutes, by administering grants that pay up to 60% of costs incurred by such a county, city or regional entity for:
(1) The development or enhancement of temporary and permanent household hazardous waste programs operated in accordance with K.S.A. 65-3460, and amendments thereto;
(2) the first year of operation following initial start-up of temporary and permanent household hazardous waste programs; and
(3) educating the public regarding changes in household hazardous waste collection program operations or services.
(d) The secretary is authorized to assist counties, cities or regional solid waste management entities that are part of an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto, or other applicable statutes, by administering grants that pay up to 75% of costs incurred by such a county, city or regional entity to develop and implement temporary agricultural pesticide collection programs.
(e) The secretary is authorized to assist counties, cities or regional solid waste management entities that are part of an interlocal agreement entered into pursuant to K.S.A. 12-2901 et seq., and amendments thereto, or other applicable statutes, by administering grants that pay up to 75% of costs incurred by such a county, city, or regional entity to develop and implement collection programs for hazardous waste generated by persons who generate less than the amounts specified in K.S.A. 65-3451(a) and (b)(3), and amendments thereto, subject to the following:
(1) The aggregate amount of all such grants made for a fiscal year shall not exceed $150,000; and
(2) no grantee shall receive any such grants in an aggregate amount exceeding $50,000.
(f) (1) Failure of any public or private entity to pay solid waste tonnage fees as required pursuant to K.S.A. 65-3415b, and amendments thereto, shall bar receipt of any grant funds by such entity until fees and related penalties have been paid.
(2) Failure of a county or regional authority to perform annual solid waste plan reviews and five year public hearings, and submit appropriate notification to the secretary that such actions have been carried out pursuant to K.S.A. 65-3405, and amendments thereto, shall bar receipt of any grant funds by any entity within the jurisdiction of such county or regional authority unless the grant would support a project expected to yield benefits to counties outside the jurisdiction of such county or regional authority.
(3) A city, county, regional authority, college, university, school, state agency or private entity shall not be eligible to receive grants authorized in K.S.A. 65-3415, and amendments thereto, if the department determines that such city, county, regional authority, college, university, school, state agency or private entity is operating in substantial violation of applicable solid and hazardous waste laws or rules and regulations.
(4) The secretary may establish additional minimum requirements for grant eligibility.
(g) If the secretary determines that a grant recipient has utilized grant moneys for purposes not authorized in the grant contract, the secretary may order the repayment of such moneys and cancel any remaining department commitments under the grant. If the grant recipient fails to comply with the secretary's order, the secretary may initiate a civil action in district court to recover any unapproved expenditures, including administrative and legal expenses incurred to pursue such action. Recovered grant moneys or expenses shall be remitted to the state treasurer, who shall deposit the entire amount in the state treasury and credit it to the solid waste management fund.
(h) All grants shall be made in accordance with appropriation acts from moneys in the solid waste management fund created by K.S.A. 65-3415a, and amendments thereto.
(i) Local match requirements for all solid waste grant programs may be met by in-kind contributions.
History: L. 1970, ch. 264, § 15; L. 1974, ch. 352, § 168; L. 1992, ch. 316, § 6; L. 1995, ch. 221, § 2; L. 1997, ch. 140, § 8; L. 2000, ch. 96, § 1; L. 2001, ch. 127, § 5; L. 2024, ch. 17, § 3; July 1.
§ 65-3415a Solid waste management fund
(a) There is hereby created in the state treasury the solid waste management fund.
(b) (1) The secretary shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the secretary from the following sources:
(A) Solid waste tonnage fees imposed pursuant to K.S.A. 65-3415b, and amendments thereto;
(B) application and annual fees provided for by K.S.A. 65-3407, and amendments thereto;
(C) gifts, grants, reimbursements or appropriations intended to be used for the purposes of the fund, but excluding federal grants and cooperative agreements; and
(D) any other moneys provided by law.
(2) Upon receipt of each such remittance, the state treasurer shall deposit in the state treasury any amount remitted pursuant to this subsection to the credit of the solid waste management fund.
(c) Moneys in the solid waste management fund shall be expended for the following purposes:
(1) Grants to counties or groups of counties or designated city or cities pursuant to K.S.A. 65-3415, and amendments thereto;
(2) monitoring and investigating solid waste management plans of counties and groups of counties;
(3) payment of extraordinary costs related to monitoring permitted solid waste processing facilities and disposal areas, both during operation and after closure;
(4) payment of costs of postclosure cleanup of permitted solid waste disposal areas that, as a result of a postclosure occurrence, pose a substantial hazard to public health or safety or to the environment;
(5) emergency payment for costs of cleanup of solid waste disposal areas that were closed before the effective date of this act and pose a substantial risk to the public health or safety or to the environment, but the total amount of such emergency payments during a fiscal year shall not exceed an amount equal to 50% of all amounts credited to the fund during the preceding fiscal year;
(6) payment for emergency action by the secretary as necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release from a solid waste processing facility or a solid waste disposal area;
(7) payment for corrective action by the secretary at an active or closed solid waste processing facility or a solid waste disposal area where solid waste management activity has resulted in an actual or potential threat to human health or the environment, if the owner or operator has not been identified or is unable or unwilling to perform corrective action;
(8) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-3401 through 65-3423, and amendments thereto, including the cost of any additional employees or increased general operating costs of the department attributable therefor;
(9) development of educational materials and programs for informing the public about solid waste issues;
(10) direct payments to reimburse counties or cities for household hazardous wastes, agricultural pesticide wastes or hazardous wastes generated by persons who generate less than the amounts specified in K.S.A. 65-3451(a) and (b)(3), and amendments thereto, if generated from persons not served by existing household hazardous waste programs or direct payment of contractors for the disposal costs of such wastes;
(11) payment of costs associated with the solid waste grants advisory board pursuant to K.S.A. 65-3426, and amendments thereto;
(12) with the consent of the city or county, payment for the removal and disposal or on-site stabilization of solid waste which has been illegally dumped when the responsible party is unknown, unwilling or unable to perform the necessary corrective action, provided that: (A) Moneys in the fund shall be used to pay only 75% of the costs of such corrective action and the city or county shall pay the remaining 25% of such costs; and (B) not more than $10,000 per site shall be expended from the fund for such corrective action;
(13) payment of the costs to administer regional or statewide waste collection programs designed to remove hazardous materials and wastes from homes, farms, ranches, institutions and small businesses not generally covered by state or federal hazardous waste laws and rules and regulations; and
(14) payment for the disposal of household hazardous waste generated as a result of community clean-up activities following natural disasters such as floods and tornados.
(d) If the secretary determines that expenditures from the solid waste management fund are necessary to perform authorized corrective actions related to solid waste management activities, the person or persons responsible for illegal dumping activity or the operation or long-term care of a disposal area whose failure to comply with this act, rules and regulations promulgated thereunder, or permit conditions resulted in such determination, shall be responsible for the repayment of those amounts expended. The secretary shall take appropriate action to enforce this provision against any responsible person. If amounts are recovered for payment for corrective action pursuant to subsection (c)(12), 25% of the amount recovered shall be paid to the city or county that shared in the cost of the corrective action. Otherwise, the secretary shall remit any amounts recovered and collected in such action 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 solid waste management fund. Prior to initiating any corrective action activities authorized by this section, the secretary shall give written notice to the person or persons responsible for the waste to be cleaned up and to the property owner that the department will undertake corrective action if the responsible person or persons do not perform the necessary work within a specified time period. The department and its representatives are authorized to enter private property to perform corrective actions if the responsible party fails to perform required clean-up work, but no such entry shall be made without the property owner's consent, except upon notice and hearing in accordance with the Kansas administrative procedure act and a finding that the solid waste creates a public nuisance or adversely affects the public health or the environment.
(e) Expenditures from the solid waste management 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 a person designated by the secretary.
(f) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the solid waste management fund interest earnings based on:
(1) The average daily balance of moneys in the solid waste management fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(g) The solid waste management fund shall be used for the purposes set forth in this act and for no other governmental purposes. It is the intent of the legislature that the fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(h) The secretary shall prepare and deliver to the legislature on or before the first day of each regular legislative session, a report which summarizes all expenditures from the solid waste management fund, fund revenues and recommendations regarding the adequacy of the fund to support necessary solid waste management programs.
History: L. 1992, ch. 316, § 8; L. 1993, ch. 207, § 11; L. 1995, ch. 221, § 3; L. 1996, ch. 253, § 15; L. 1997, ch. 140, § 9; L. 2000, ch. 96, § 2; L. 2001, ch. 5, § 243; L. 2024, ch. 17, § 4; July 1.
§ 65-3415b Solid waste tonnage fees
(a) There is hereby imposed a state solid waste tonnage fee of $1.00 for each ton or equivalent volume of solid waste disposed of at any solid waste disposal area in this state other than solid waste enumerated in subsection (c) or solid waste disposal authorized by the secretary pursuant to subsection (a) of K.S.A. 65-3407c, and amendments thereto.
(b) There is hereby imposed a state solid waste tonnage fee of $1.00 for each ton or equivalent volume of solid waste transferred out of Kansas through a transfer station, other than waste enumerated in subsection (c).
(c) The fees imposed by this section shall not apply to:
(1) Any waste tire, as defined by K.S.A. 65-3424, and amendments thereto, disposed in or at a permitted solid waste disposal area;
(2) sludges from public drinking water supply treatment plants, when disposed of at a monofill permitted by the secretary;
(3) clean rubble;
(4) solid waste solely consisting of vegetation from land clearing and grubbing, utility maintenance and seasonal or storm-related cleanup but such exception shall not apply to yard waste;
(5) construction and demolition waste disposed of by the federal government, by the state of Kansas, or by any city, county or other unit of local government in the state of Kansas, or by any person on behalf thereof; and
(6) industrial waste disposed of at a solid waste disposal area which is permitted by the secretary, and is owned or operated by or for the industrial facility generating the waste and which is used only for industrial waste generated by such industrial facility.
(d) The operator of a solid waste disposal area or transfer station shall pay the fee imposed by this section.
(e) The secretary of health and environment shall administer, enforce and collect the fee imposed by this section. The secretary shall have the authority to waive such fee when large quantities of waste are generated due to major natural disasters such as floods, tornados and fires unless persons paying such fees are able to recover such fees from the federal government. Except as otherwise provided by subsections (a) and (b), all laws and rules and regulations of the secretary of revenue relating to the administration, enforcement and collection of the retailers' sales tax shall apply to such fee insofar as they can be made applicable. The secretary of health and environment shall adopt any other rules and regulations as necessary for the efficient and effective administration, enforcement and collection thereof.
(f) The secretary of health and environment shall remit all moneys collected from fees imposed pursuant to subsections (a) and (b) 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 solid waste management fund created by K.S.A. 65-3415a, and amendments thereto.
History: L. 1992, ch. 316, § 9; L. 1993, ch. 274, § 3; L. 1995, ch. 221, § 5; L. 1997, ch. 140, § 10; L. 2000, ch. 96, § 3; L. 2001, ch. 5, § 244; L. 2002, ch. 101, § 2; L. 2006, ch. 53, § 3; April 6.
§ 65-3415c Repealed
History: L. 1992, ch. 316, § 10; Repealed, L. 1997, ch. 140, § 15; July 1.
§ 65-3415d Repealed
History: L. 1992, ch. 316, § 11; Repealed, L. 1993, ch. 274, § 7; May 6.
§ 65-3415e Fees on disposal at private disposal areas
(a) Except as provided by subsection (b), any county or group of counties operating a solid waste disposal area shall levy a charge on any solid waste, whether generated within or outside such county or counties, that is deposited at any privately owned solid waste disposal area located in such county or counties. The revenue from such charge may be used by the county or group of counties for the development and implementation of its solid waste management plan and the costs of closure and postclosure cleanup of solid waste disposal areas within the county or group of counties.
(b) The board of county commissioners of any county by unanimous vote may determine not to impose the fee provided for by subsection (a).
(c) Any charges imposed by counties under this section shall be in addition to any other fees, charges, franchise payments or taxes imposed for solid waste deposited at a solid waste disposal area. The secretary of health and environment shall make available to counties information as to the amounts paid by the operators of solid waste disposal areas under the provisions of K.S.A. 65-3415b and amendments thereto.
History: L. 1992, ch. 316, § 12; L. 1997, ch. 140, § 11; July 1.
§ 65-3415f Solid waste tonnage fees authorized to be imposed by counties; exceptions; collection and disposition of proceeds
(a) As used in this section, terms have the meanings provided by K.S.A. 65-3402 and amendments thereto.
(b) In addition to any other fee provided by law, the board of county commissioners of any county may impose, by resolution adopted pursuant to this section, a solid waste tonnage fee for each ton or equivalent volume of solid waste disposed of at any solid waste disposal area operated by such county. Such fees shall not apply to any solid waste exempted from the state solid waste tonnage fee imposed by K.S.A. 65-3415b, and amendments thereto.
(c) Fees imposed pursuant to this section shall be collected by the county and deposited in a special fund in the county treasury. All interest earned on moneys in the fund shall also be deposited in the fund. If there is more than one solid waste disposal area in the county where fees are imposed pursuant to this section, a separate fund for each such disposal area shall be maintained from the fees collected from such disposal area. Money in the fund shall be used only for payment of costs of closure, postclosure actions and contamination remediation associated with the solid waste disposal area until the secretary determines that all requirements for closure, postclosure actions and contamination remediation associated with the disposal area have been met.
(d) The board of county commissioners, by resolution, may modify, discontinue or reinstate the fee authorized by this section.
(e) Transfer or expenditure of moneys in a special fund provided for by this section for any purpose other than authorized by this section is a class A nonperson misdemeanor and constitutes grounds for forfeiture of public office.
(f) If two or more counties jointly operate a solid waste disposal area, the fee provided for by this section on solid waste disposed of at such disposal area may be imposed, modified, discontinued or reinstated only if a majority of the board of county commissioners of each county jointly operating the disposal area votes to impose, modify, discontinue or reinstate the fee.
History: L. 1994, ch. 283, § 4; L. 1997, ch. 140, § 12; L. 2002, ch. 101, § 3; May 23.
§ 65-3416 Severability
The provisions of this act are severable and if any provision or part thereof shall be held invalid or unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of the act.
History: L. 1970, ch. 264, § 16; July 1.
§ 65-3416a Severability
If any clause, sentence, section, provision, or part of this act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such judgment shall not invalidate, impair, or affect the remainder of this act, which shall remain in full force and effect.
History: L. 1977, ch. 221, § 8; April 9.
§ 65-3416b Severability
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
History: L. 1992, ch. 316, § 14; July 1.
§ 65-3417 Solid waste plans and programs; considerations; judicial review of secretary's actions
(a) In developing solid waste plans or the implementation of a solid waste program in conformance with K.S.A. 65-3401 through 65-3415, and amendments thereto, and rules and regulations adopted thereunder, cities, counties or multiples or combinations thereof shall consider demographic and geographic differences within their area of jurisdiction in promulgating solid waste plans and programs, and the board shall consider the demographic and geographic variations in giving approval or denying approval of such plans and programs.
(b) Any action of the secretary pursuant to the provisions of article 34 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, is subject to review in accordance with the Kansas judicial review act.
History: L. 1973, ch. 257, § 1; L. 1975, ch. 462, § 104; L. 1986, ch. 318, § 99; L. 2010, ch. 17, § 145; July 1.
§ 65-3418 Vesting of title to solid waste; liability of generator; authority of resource recovery facilities provided by cities or counties or combinations thereof; contracts
(a) Title to the solid waste collected, processed or disposed of in accordance with the provisions of this act and the rules and regulations adopted thereunder shall vest in the owner of the solid waste management activity, area or facility in which the solid waste is placed. Solid waste produced from a discrete source disposed of in ways other than in accordance with this act shall remain the property of the generator and the generator shall be liable for removal of the waste, restoration of the area in which the waste was disposed and to provide for lawful disposal of the waste. It shall not constitute a defense to the generator that the generator acted through an independent contractor in the transportation or disposal of the solid waste.
(b) When a city or a county or any combination of cities or counties, or both, provides by contract for a resource recovery facility or facilities to recover materials or energy from solid wastes as a part of an approved solid waste management plan, the resource recovery facility or facilities shall have sole ownership, utilization and disbursement control of all waste collected by that facility or facilities or delivered to that facility or facilities and shall have the power to sell recovered or recycled materials or energy. Such provision shall be interpreted to include either active participation and financial support of such resource recovery facility or facilities or oversight and regulatory control of such facility or facilities by the local governments. A resource recovery facility may contract to dispose of materials or products as allowed by rules and regulations of the secretary adopted pursuant to K.S.A. 65-3401 et seq., and amendments thereto and conditions as set by the original owner of such materials delivered for disposal and resource recovery, so as to avoid reuse or resale of such special products or materials. Nothing herein shall be construed to prohibit or limit private waste collectors from extracting from the waste they collect, prior to delivery to the resource recovery facility, any materials that may have value to such collectors for purposes of recycling, reuse or resale.
History: L. 1977, ch. 221, § 6; L. 1981, ch. 251, § 26; L. 1984, ch. 239, § 1; July 1.
§ 65-3419 Violations of act; penalties; procedure; injunctions
(a) Any person who violates any provision of subsection (a) of K.S.A. 65-3409, and amendments thereto, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of up to $5,000 for every such violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) The director of the division of environment, upon a finding that a person has violated any provision of subsection (a) of K.S.A. 65-3409, and amendments thereto, may impose a penalty within the limits provided in this section, which penalty shall constitute an actual and substantial economic deterrent to the violation for which it is assessed.
(c) No penalty shall be imposed pursuant to this section except upon the written order of the director of the division of environment to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of such person to appeal to a hearing before the secretary of health and environment. Any such person may, within 15 days after service of the order, make written request to the secretary for a hearing thereon. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(d) Any action of the secretary pursuant to subsection (c) is subject to review in accordance with the Kansas judicial review act.
(e) Notwithstanding any other provision of this act, the secretary, upon receipt of information that the storage, transportation, processing, treatment or disposal of any waste may present a substantial hazard to the health of persons or to the environment or for a threatened or actual violation of this act or rules and regulations adopted pursuant thereto, or any orders issued pursuant thereto, or any permit conditions required thereby, may take such action as the secretary determines to be necessary to protect the health of such persons or the environment. The action the secretary may take shall include, but not be limited to:
(1) Issuing an order directing the owner, generator, transporter or the operator of the processing, treatment or disposal facility or site, or the custodian of the waste, which constitutes such hazard or threatened or actual violation, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes such hazard. Such action may include, with respect to a facility or site, permanent or temporary cessation of operation.
(2) Commencing an action to enjoin acts or practices specified in paragraph (1) or requesting that the attorney general or appropriate district or county attorney commence an action to enjoin those acts or practices or threatened acts or practices. Upon a showing by the secretary that a person has engaged in those acts or practices or intends to engage in those acts or practices, a permanent or temporary injunction, restraining order or other order may be granted by any court of competent jurisdiction. An action for injunction under this paragraph (2) shall have precedence over other cases in respect to order of trial.
(3) Applying to the district court in the county in which an order of the secretary under paragraph (1) will take effect, in whole or in part, for an order of that court directing compliance with the order of the secretary. Failure to obey the court order shall be punishable as contempt of the court issuing the order. The application under this paragraph (3) for a court order shall have precedence over other cases in respect to order of trial.
(f) In any civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction or permanent injunction shall issue without such allegations and without such proof.
History: L. 1977, ch. 221, § 7; L. 1986, ch. 318, § 100; L. 1988, ch. 356, § 204; L. 1989, ch. 186, § 31; L. 1992, ch. 316, § 7; L. 2010, ch. 17, § 146; July 1.
§ 65-3420 Repealed
History: L. 1979, ch. 202, § 6; Repealed, L. 1981, ch. 251, § 28; July 1.
§ 65-3421 Resource recovery facilities provided by cities or counties; contracts
When a city or a county or combination of cities or counties provides for a facility or facilities to recover materials or energy as a part of an approved solid waste management plan, any city, county or state agency may enter into a long-term contract to supply solid waste to the resource recovery facility or facilities; to construct, operate and maintain or construct or operate or maintain such facilities; to contract with a private entity for the construction, operation and maintenance of such facilities; to market materials or energy recovered from such facility or facilities; or to utilize such facility or facilities to conserve materials or energy by reducing the volume of solid waste. For the purpose of this section "long-term" shall mean a period of not less than 10 nor more than 30 years. All long-term contracts negotiated under this section shall be reviewed and approved by the attorney general before becoming effective.
History: L. 1981, ch. 251, § 27; L. 1984, ch. 239, § 2; July 1.
§ 65-3422 Repealed
History: L. 1984, ch. 239, § 3; Repealed, L. 1997, ch. 140, § 15; July 1.
§ 65-3423 Same; contracts with private persons for performance of certain functions; authority of private entities
(a) When a city or a county or any combination of cities or counties, or both, provides for a facility or facilities to recover materials or energy as a part of an approved solid waste management plan, the city or county or the separate legal entity created to govern the combination of cities or counties, or both, if such an entity exists, may enter into contracts with private persons for the performance of any such functions of the plan which, in the opinion of the city or county or such separate legal entity, can desirably and conveniently be carried out by a private person under contract provided any such contract shall contain such terms and conditions as will enable the city or county or such separate legal entity to retain overall supervision and control of the business, design, operating management, transportation, marketing, planning and research and development functions to be carried out or to be performed by such private persons pursuant to such contract. Such contracts may be entered into either on a negotiated or an open-bid basis, and the city or county or such separate legal entity in its discretion may select the type of contract it deems most prudent to utilize considering the scope of work, the management complexities associated therewith, the extent of current and future technological development requirements and the best interests of the state.
(b) Private entities may construct, operate, maintain and own resource recovery facilities; form contracts to supply solid waste to the resource recovery facility or facilities; form contracts to market materials or energy recovered from such facility or facilities; or utilize such facility or facilities to conserve materials or energy by reducing the volume of solid waste under the supervision of and with the approval of the city or county or such separate legal entity, subject to the approval of the Kansas department of health and environment, and in accordance with the approved local solid waste management plan.
History: L. 1984, ch. 239, § 4; July 1.
§ 65-3424 Definitions
As used in K.S.A. 65-3424 through 65-3424i, and amendments thereto, unless the context otherwise requires:
(a) Terms have the meaning provided by K.S.A. 65-3402, and amendments thereto.
(b) "Abatement" means the processing or removing to an approved storage site of waste tires which are creating a danger or nuisance.
(c) "Beneficial use" means the use or storage of waste tires in a way that:
(1) Creates an on-site economic benefit to the owner of the tires, including, but not limited to, bumpers for boat docks or boats, playground equipment, silo covers, traffic control, feed bunks, water tanks, windbreaks constructed of baled tires or in a manner consistent with rules and regulations of the secretary, erosion control on the face of an earthen dam and stabilization of soil or sand blow-outs caused by wind; and
(2) as determined by the secretary, causes no adverse impacts to human health or the environment and complies with all applicable zoning requirements.
(d) "Contaminated waste tire" means a tire which, as determined in accordance with rules and regulations adopted by the secretary, is recovered in a project to abate a waste tire accumulation and is so coated by or filled with dirt, mud, sludge or other natural substances as to render the tire substantially unsuitable for processing.
(e) "Illegal waste tire accumulation" means any waste tire pile containing more than 50 waste tires except the following:
(1) A waste tire accumulation on the premises of a facility which has been issued a permit by the secretary pursuant to K.S.A. 65-3407 or 65-3424b, and amendments thereto, and managed in accordance with the conditions of such permit; or
(2) a waste tire accumulation which is exempt from the waste tire collection center permit requirement pursuant to K.S.A. 65-3424b, and amendments thereto.
(f) "Mobile waste tire processor" means a person who processes waste tires at other than a fixed site.
(g) "Process" means: (1) Cut or otherwise alter whole waste tires so that they are no longer whole; or (2) bale for disposal or beneficial use.
(h) "Store" or "storage" means the placing of waste tires in a manner that does not constitute disposal of the waste tires. Storage includes the beneficial use of waste tires as silo covers and such other beneficial uses as the secretary determines do not create health or environmental risks.
(i) "Tire" means a continuous solid or pneumatic rubber covering used to encircle the wheel of a vehicle or aircraft, or an innertube of such a covering.
(j) "Tire retailer" means a person in the business of selling new or used replacement tires at retail.
(k) "Used tire" means a tire that: (1) Has been removed from a wheel following a period of use or remains on a wheel removed from a vehicle or aircraft following a period of use; and (2) has been determined to have value in accordance with rules and regulations established pursuant to subsection (e)(7) of K.S.A. 65-3424b, and amendments thereto.
(l) "Vehicle" has the meaning provided by K.S.A. 8-1485, and amendments thereto, and includes implements of husbandry, as defined by K.S.A. 8-1427, and amendments thereto.
(m) "Waste tire" means a whole tire that: (1) Has been removed from a wheel following a period of use or remains on a wheel removed from a vehicle or aircraft following a period of use; and (2) is no longer suitable for its original intended purpose because of wear, damage or defect.
(n) "Waste tire collection center" means a site where used or waste tires are collected from the public or from customers of a business prior to being offered for recycling or disposal.
(o) "Waste tire processing facility" means a fixed site where equipment is used to process waste tires.
History: L. 1990, ch. 319, § 1; L. 1991, ch. 197, § 1; L. 1996, ch. 173, § 1; L. 2000, ch. 103, § 1; L. 2001, ch. 126, § 1; L. 2003, ch. 130, § 16; July 1.
§ 65-3424a Restrictions on disposal
No person shall:
(a) Maintain an illegal waste tire accumulation;
(b) transfer ownership of waste tires to any person unless the recipient: (1) Has been issued a permit by the secretary pursuant to K.S.A. 65-3407, and amendments thereto, or K.S.A. 65-3424b, and amendments thereto; (2) intends to use the waste tires for a beneficial use; or (3) is a tire retailer who collects waste tires from the public or other tire retailers in the ordinary course of business;
(c) deposit waste tires in a landfill as a method of ultimate disposal, except that the secretary may authorize, by rules and regulations or by permits issued pursuant to K.S.A. 65-3407, and amendments thereto: (A) The final disposal of processed waste tires at permitted municipal solid waste landfills and permitted waste tire monofills; (B) the final disposal of contaminated whole, unprocessed waste tires at permitted municipal solid waste landfills and permitted waste tire monofills; (C) the use of waste tires in their original state as part of or supplemental to a proven and approved leachate collection system at a landfill; (D) the use of waste tires which have been cut into two or more parts as daily cover material for a landfill; or (E) the final disposal of small numbers of whole, unprocessed waste tires in landfills if such tires are intermingled with other solid waste and retrieval of such tires would be hazardous; or
(d) receive money in exchange for waste tires unless: (A) The person holds a permit issued by the secretary pursuant to K.S.A. 65-3407 or 65-3424b, and amendments thereto; or (B) the person is a tire retailer who collects waste tires from the public or from other tire retailers in the ordinary course of business.
History: L. 1990, ch. 319, § 2; L. 1991, ch. 197, § 2; L. 1994, ch. 283, § 5; L. 1996, ch. 173, § 2; L. 2000, ch. 103, § 2; L. 2001, ch. 126, § 2; L. 2003, ch. 130, § 17; July 1.
§ 65-3424b Permits and standards
(a) The secretary shall establish a system of permits for mobile waste tire processors, waste tire processing facilities, waste tire transporters and waste tire collection centers. Such permits shall be issued for a period of one year and shall require an application fee established by the secretary in an amount not exceeding $250 per year.
(b) The secretary shall adopt rules and regulations establishing standards for mobile waste tire processors, waste tire processing facilities, waste tire collection centers and waste tire transporters. Such standards shall include a requirement that the permittee file with the secretary a bond or other financial assurance in an amount determined by the secretary to be sufficient to pay any costs that may be incurred by the state to process any waste tires or dispose of any waste tires or processed waste tires if the permittee ceases business or fails to comply with this act.
(c) Any person who contracts or arranges with another person to collect or transport waste tires for storage, processing or disposal shall so contract or arrange only with a person holding a permit from the secretary. Any person contracting or arranging with a person, permitted by the secretary, to collect or transport waste tires for storage, processing or, disposal, transfers ownership of those waste tires to the permitted person and the person contracting or arranging with the person holding such permit to collect or transport such tires shall be released from liability therefor. Any person contracting or arranging with any person, for the collection, transportation, storage, processing, disposal or beneficial use of such tires shall maintain a record of such transaction for a period of not less than three years following the date of the transfer of such tires. Record-keeping requirements for beneficial use shall not apply when tire retailers allow customers to retain their old tires at the time of sale.
(d) The owner or operator of each site that contains a waste tire, used tire or new tire accumulation of any size must control mosquito breeding and other disease vectors.
(e) No person shall own or operate a waste tire processing facility or waste tire collection center or act as a mobile waste tire processor or waste tire transporter unless such person holds a valid permit issued therefor pursuant to subsection (a), except that:
(1) A tire retreading business where fewer than 1,500 waste tires are kept on the business premises may operate a waste tire collection center on the premises;
(2) a business that, in the ordinary course of business, removes tires from motor vehicles where fewer than 1,500 of these tires are kept on the business premises may operate a waste tire collection center or a waste tire processing facility or both on the premises;
(3) a retail tire-selling business where fewer than 1,500 waste tires are kept on the business premises may operate a waste tire collection center or a waste tire processing facility or both on the premises;
(4) the Kansas department of wildlife and parks may perform one or more of the following to facilitate a beneficial use of waste tires:
(A) Operate a waste tire collection center on the premises of any state park, state wildlife area or state fishing lake;
(B) operate a waste tire processing facility on the premises of any state park, state wildlife area or state fishing lake; or
(C) act as a waste tire transporter to transport waste tires to any state park, state wildlife area or state fishing lake;
(5) a person engaged in a farming or ranching activity, including the operation of a feedlot as defined by K.S.A. 47-1501, and amendments thereto, may perform one or more of the following to facilitate a beneficial use of waste tires:
(A) Operate an on-site waste tire collection center;
(B) operate an on-site waste tire processing facility; or
(C) act as a waste tire transporter to transport waste tires to the farm, ranch or the feedlot;
(6) a watershed district may perform one or more of the following to facilitate a beneficial use of waste tires:
(A) Operate a waste tire collection center on the premises of a watershed district project or work of improvement;
(B) operate a waste tire processing facility on the district's property; or
(C) act as a waste tire transporter to transport waste tires to the district's property;
(7) a person may operate a waste tire collection center if:
(A) Fewer than 1,500 used tires are kept on the premises; or
(B) 1,500 or more used tires are kept on the premises, if the owner demonstrates through sales and inventory records that such tires have value, as established in accordance with standards adopted by rules and regulations of the secretary;
(8) local units of government managing waste tires at solid waste processing facilities or solid waste disposal areas permitted by the secretary under the authority of K.S.A. 65-3407, and amendments thereto, may perform one or more of the following in accordance with the conditions of the solid waste permit:
(A) Operate a waste tire collection center on the premises of the permitted facility;
(B) operate a waste tire processing facility on the premises of the permitted facility;
(C) act as a waste tire transporter to transport waste tires to the permitted facility; or
(D) act as a mobile waste tire processor;
(9) a person may act as a waste tire transporter to transport:
(A) Waste tires mixed with other municipal solid waste;
(B) fewer than five waste tires for lawful disposal;
(C) waste tires generated by the business, farming activities of the person or the person's employer;
(D) waste tires for a beneficial use approved by statute, rules and regulations, or by the secretary;
(E) waste tires from an illegal waste tire accumulation to a person who has been issued a permit by the secretary pursuant to K.S.A. 65-3407 or 65-3424b, and amendments thereto, provided approval has been obtained from the secretary; or
(F) five to 50 waste tires for lawful disposal, provided the transportation act is a one time occurrence to abate a legal accumulation of waste tires; or
(10) a tire retailer that in the ordinary course of business also serves as a tire wholesaler to other tire retailers may act as a waste tire transporter to transport waste tires from those retailers back to a central location owned or operated by the wholesaler for consolidation and final disposal or recycling.
(f) All fees collected by the secretary pursuant to 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 waste tire management fund.
History: L. 1990, ch. 319, § 3; L. 1991, ch. 197, § 3; L. 1996, ch. 173, § 3; L. 2001, ch. 5, § 245; L. 2001, ch. 167, § 3; L. 2003, ch. 130, § 18; L. 2012, ch. 47, § 86; L. 2023, ch. 7, § 113; July 1.
§ 65-3424c Repealed
History: L. 1990, ch. 319, § 4; Repealed, L. 1991, ch. 197, § 9; July 1.
§ 65-3424d Tax on new tire sales
(a) In addition to any other tax imposed upon the retail sale of new vehicle tires, there is hereby imposed on retail sales of new vehicle tires (excluding innertubes), including new tires mounted on a vehicle sold at retail for the first time, an excise tax of $.25 per vehicle tire. Such tax shall be paid by the purchaser of such tires and collected by the retailer thereof.
(b) The tax imposed by this section collected by the retailer shall become due and payable as follows: When the total tax for which any retailer is liable under this act does not exceed the sum of $80 in any calendar year, the retailer shall file an annual return on or before January 25 of the following year; when the total tax liability does not exceed $1,600 in any calendar year, the retailer shall file returns quarterly on or before the 25th day of the month following the end of each calendar quarter; when the total tax liability exceeds $1,600 in any calendar year, the retailer shall file a return for each month on or before the 25th day of the following month. Each person collecting the tax imposed pursuant to this section shall make a true report to the department of revenue, on a form prescribed by the secretary of revenue, providing such information as may be necessary to determine the amounts of taxes due and payable hereunder for the applicable month or months, which report shall be accompanied by the tax disclosed thereby. Records of sales of new tires shall be kept separate and apart from the records of other retail sales made by the person charged to collect the tax imposed pursuant to this section in order to facilitate the examination of books and records as provided herein.
(c) The secretary of revenue or the secretary's authorized representative shall have the right at all reasonable times during business hours to make such examination and inspection of the books and records of the person required to collect the tax imposed pursuant to this section as may be necessary to determine the accuracy of such reports required hereunder.
(d) The secretary of revenue is hereby authorized to administer and collect the tax imposed by this section and to adopt such rules and regulations as may be necessary for the efficient and effective administration and enforcement of the collection thereof. Whenever any person liable to collect the taxes imposed hereunder refuses or neglects to pay them, the amount, including any penalty, shall be collected in the manner prescribed for the collection of the retailers' sales tax by K.S.A. 79-3617, and amendments thereto.
(e) The secretary of revenue shall remit all revenue collected under the provisions of this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the waste tire management fund.
(f) Whenever, in the judgment of the secretary of revenue, it is necessary, in order to secure the collection of any taxes, penalties or interest due, or to become due, under the provisions of this act, the secretary may require any person charged with the collection of such tax to file a bond with the director of taxation under conditions established by and in such form and amount as prescribed by rules and regulations adopted by the secretary.
(g) The secretary of revenue and the secretary of health and environment shall cooperate to: (1) Ensure that retailers required to collect the tax imposed by this section collect such tax on sales of tires for all vehicles, as defined by K.S.A. 65-3424, and amendments thereto; and (2) develop and distribute to tire retailers educational materials that emphasize appropriate waste tire management practices.
History: L. 1990, ch. 319, § 5; L. 1991, ch. 197, § 4; L. 1992, ch. 50, § 1; L. 1993, ch. 52, § 1; L. 1996, ch. 173, § 4; L. 2001, ch. 5, § 246; L. 2001, ch. 167, § 4; July 1.
§ 65-3424e Same; failure to pay tax; penalties
(a) If any person fails to pay taxes when required by K.S.A. 65-3424d, there shall be added to the unpaid balance of the fees interest at the rate per month prescribed by subsection (a) of K.S.A. 79-2968 and amendments thereto from the date taxes were due until paid.
(b) If any person due to negligence or intentional disregard fails to file a report or pay the taxes due at the time required by or under the provisions of K.S.A. 65-3424d, there shall be added to the tax a penalty in an amount equal to 10% of the unpaid balance of taxes due.
(c) If any person fails to make a report, or to pay any taxes, within 60 days from the date the report or taxes were due, except in the case of an extension of time granted by the secretary of revenue, there shall be added to the taxes due a penalty equal to 25% of the amount of such tax.
(d) If any person, with fraudulent intent, fails to pay any tax or make, render or sign any report, or to supply any information, within the time required by or under the provisions of K.S.A. 65-3424d, there shall be added to the tax a penalty in an amount equal to 50% of the unpaid balance of the tax due.
(e) Penalty or interest applied under the provisions of subsections (a) and (d) shall be in addition to the penalty added under any other provisions of this section, but the provisions of subsections (b) and (c) shall be mutually exclusive of each other.
(f) Whenever, in the judgment of the secretary of revenue, the failure of a person to comply with the provisions of subsection (b) or (c) was due to reasonable causes and not willful neglect, the secretary of revenue may waive or reduce any of the penalties upon making a record of the reasons therefor.
(g) In addition to all other penalties provided by this section, any person who willfully fails to make a report or to pay over any tax imposed under K.S.A. 65-3424d, who makes a false or fraudulent report, who fails to keep any books or records necessary to determine the accuracy of the person's reports, who willfully violates any rules and regulations of the secretary of revenue for the enforcement and administration of the provisions of K.S.A. 65-3424d or this section, who aids and abets another in attempting to evade the payment of any tax imposed by K.S.A. 65-3424d or who violates any other provision of K.S.A. 65-3424d or this section shall, upon conviction thereof, be fined not less than $100 nor more than $1,000, or be imprisoned in the county jail not less than one month nor more than six months, or be both so fined and imprisoned, in the discretion of the court.
History: L. 1990, ch. 319, § 6; July 1.
§ 65-3424f Repealed
History: L. 1990, ch. 319, § 7; L. 1991, ch. 197, § 5; L. 1994, ch. 283, § 6; L. 1996, ch. 173, § 5; L. 2000, ch. 103, § 3; Repealed, L. 2001, ch. 126, § 9; July 1.
§ 65-3424g Waste tire management fund
(a) There is hereby established in the state treasury the waste tire management fund.
(b) Money from the following sources shall be credited to the waste tire management fund:
(1) Revenue collected from the excise tax by K.S.A. 65-3424d, and amendments thereto;
(2) permit application and renewal fees provided for by K.S.A. 65-3424b, and amendments thereto;
(3) interest provided for by subsection (f);
(4) additional sources of funding such as reimbursements and appropriations intended to be used for the purposes of the fund;
(5) any recoveries from abatement and enforcement actions provided for by K.S.A. 65-3424k, and amendments thereto; and
(6) any other moneys provided by law.
(c) Moneys in the waste tire management fund shall be used only for the purpose of:
(1) Paying compensation and other expenses of employing personnel to carry out the duties of the secretary pursuant to K.S.A. 65-3424 through 65-3424h, and amendments thereto, but not more than $250,000;
(2) action by the department to implement interim measures to minimize nuisances or risks to public health or the environment that are or could be created by waste tire accumulations, until the responsible party can fully abate the site or until a state clean-up occurs pursuant to K.S.A. 65-3424k, and amendments thereto;
(3) action by the department to pay for the removal and disposal or on-site stabilization of waste tires which have been illegally accumulated or illegally managed, when the responsible party is unknown or unwilling or unable to perform the necessary corrective action;
(4) the costs of using contractors to provide: (A) Public education regarding proper management of waste tires; (B) technical training of persons on the requirements of solid waste laws and rules and regulations relating to waste tires; and (C) services described in subsection (i) of K.S.A. 65-3424k, and amendments thereto;
(5) grants to public or private entities for up to 50% of the cost to start-up or enhance projects to recycle waste tires or recover energy through waste tire combustion; and
(6) grants to local units of government and any public or private school for grades kindergarten through twelve to pay up to 50% of the costs to purchase tire derived products made from recycled waste tires. As used in this section, "tire derived products" means athletic field surfacing, playground cover, horticulture products and molded or extruded rubber products made from recycled waste tires.
(d) All grant applications received for waste tire recycling grants shall be reviewed by the solid waste grants advisory committee established pursuant to K.S.A. 65-3426, and amendments thereto. Waste tire recycling grants shall be subject to the requirements set forth in subsection (g) of K.S.A. 65-3415, and amendments thereto, related to the misuse of grant funds with the exception that any grant funds recovered by the secretary shall be deposited to the waste tire management fund. Waste tire management funds shall be used only for waste tire recycling grants. Waste tire grants shall not be awarded, nor shall waste tire funds be disbursed to a grant recipient, if the department determines that the grant applicant or recipient is operating in substantial violation of applicable environmental laws or regulations administered by the department.
(e) All expenditures from the waste tire management 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.
(f) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the waste tire management fund interest earnings based on: (1) The average daily balance of moneys in the waste tire management fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History: L. 1990, ch. 319, § 8; L. 1991, ch. 197, § 7; L. 1994, ch. 283, § 7; L. 1996, ch. 253, § 38; L. 2000, ch. 103, § 4; L. 2001, ch. 126, § 5; L. 2003, ch. 130, § 19; L. 2007, ch. 118, § 1; L. 2009, ch. 117, § 2; July 1.
§ 65-3424h Same; rules and regulations
The secretary shall adopt such rules and regulations as necessary to administer and enforce the provisions of this act.
History: L. 1990, ch. 319, § 9; July 1.
§ 65-3424i Tire retailers; requirements
(a) Except as provided by subsection (b), no tire retailer shall refuse to accept waste tires from customers.
(b) A tire retailer may: (1) Ask customers if they wish to retain their old tires at the time of sale; (2) refuse to accept more tires from a customer than purchased by that customer at the time of sale; or (3) refuse to accept waste tires from a customer purchasing replacement tires for commercial use if the tire retailer does not mount such replacement tires.
(c) Tire retailers shall prominently display or make available to customers educational materials provided by the department of health and environment and department of revenue relating to proper waste tire management practices.
History: L. 1991, ch. 197, § 6; L. 1996, ch. 173, § 8; July 1.
§ 65-3424j Repealed
History: L. 1990, ch. 319, § 5; L. 1991, ch. 197, § 4; L. 1992, ch. 50, § 1; L. 1993, ch. 274, § 6; Repealed, L. 1994, ch. 283, § 10; May 5.
§ 65-3424k Abatement and enforcement actions by secretary
(a) The secretary may undertake appropriate abatement action and may enter into contracts for the abatement of illegal waste tires accumulations or illegally managed waste tires utilizing funds from the waste tire management fund.
(b) Any authorized representative of the secretary may enter, at reasonable times and upon written notice, onto any property or premises where an accumulation of waste tires is located to conduct: (1) An inspection and site assessment to determine whether the accumulation creates a nuisance or risk to public health and safety or to the environment; or (2) interim measures to minimize risk to public health and safety or to the environment.
(c) Whenever the secretary has reason to believe that an accumulation of waste tires creates a nuisance or risk to public health and safety or to the environment or is in violation of rules and regulations adopted by the secretary or conditions of a permit issued by the secretary, the secretary may require the person or persons responsible for the accumulation to carry out abatement activities. Such abatement activities shall be performed in accordance with a plan approved by the secretary. The secretary shall give notice, by letter, to the property owner and responsible parties that the waste tires constitute a nuisance or risk to public health or the environment, and that the waste tire accumulation must be abated within a specified period. The secretary may undertake abatement action utilizing funds from the waste tire management fund if the responsible parties fail to take the required action within the time period specified in the notice.
(d) The department and its representatives are authorized to enter private property to perform abatement activities if the responsible party fails to perform required clean-up work, but no entry shall be made without the property owner's consent except upon notice and hearing in accordance with the Kansas administrative procedure act.
(e) All costs incurred by the secretary in the abatement of illegal waste tires accumulations or illegally managed waste tires or in performing interim measures, including administrative and legal expenses, are recoverable from a responsible party or parties and may be recovered in a civil action in district court brought by the secretary. Any abatement costs recovered 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 waste tire management fund. An action to recover abatement or interim measures costs may be commenced at any stage of an abatement.
(f) In performing or entering contracts for abatement actions under this section, the secretary shall give preference to actions that recycle waste tires or burn waste tires for energy recovery. Direct abatement expenditures may include landfilling when waste tires are contaminated or when feasible in-state markets cannot be identified.
(g) Permits granted by the secretary pursuant to K.S.A. 65-3424b, and amendments thereto, shall not be transferable and may be revoked or suspended whenever the secretary determines that the permit holder is operating in violation of this act or rules and regulations adopted pursuant to the act; is creating or threatens to create a hazard to persons, property or the environment; or is creating or threatens to create a public nuisance. The secretary may also revoke, suspend or refuse to issue a permit when the secretary determines that past or continuing violations of the provisions of K.S.A. 65-3409, and amendments thereto, have been committed by the applicant or permit holder.
(h) Neither the state of Kansas nor the waste tire management fund shall be liable to any owner, operator or responsible party for the loss of business, damages or taking of property associated with any abatement or enforcement action taken pursuant to this section.
(i) The secretary shall enter into contracts with one or more associations of tire retailers to: (1) Assist in disseminating information to all tire retailers on the requirements of solid waste laws and rules and regulations relating to waste tires; (2) establish a point of contact for persons requesting information on solid waste laws and rules and regulations relating to waste tires; (3) assist in planning and implementing conferences, workshops, and other requested training events for persons involved in the generation, transportation, processing, or disposal of waste tires; and (4) assemble and analyze data on waste tire management by tire retailers in Kansas.
History: L. 1994, ch. 283, § 8; L. 1996, ch. 173, § 9; L. 2001, ch. 126, § 6; L. 2001, ch. 167, § 5; L. 2003, ch. 130, § 20; July 1.
§ 65-3424l Vehicle tire disposal; hearings and review of orders and decisions of secretary
(a) Any person adversely affected by any order or decision of the secretary pursuant to K.S.A. 65-3424 through 65-3424i, and amendments thereto, may, within 15 days of service of the order or decision, request in writing a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Any person adversely affected by any action of the secretary pursuant to this act may obtain review of such action in accordance with the Kansas judicial review act.
History: L. 1994, ch. 283, § 9; L. 2010, ch. 17, § 147; July 1.
§ 65-3424m Repealed
History: L. 1996, ch. 173, § 6; L. 2000, ch. 103, § 5; L. 2001, ch. 126, § 7; Repealed, L. 2003, ch. 130, § 22; July 1.
§ 65-3425 Plastic bottles and containers; labeling requirements; violations; penalties
(a) As used in this section:
(1) "Code" means a molded, imprinted or raised symbol.
(2) "Person" means any individual, association, partnership, limited partnership, corporation or other entity.
(3) "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.
(4) "Plastic bottle" means a plastic container which: (A) Has a neck that is smaller than the body of the container; (B) accepts a screw-type, snap-cap or other closure; and (C) has a capacity of 16 fluid ounces or more but less than five gallons.
(5) "Rigid plastic container" means any formed or molded container other than a bottle, intended for single use, composed predominantly of plastic resin and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.
(b) No person shall distribute, sell or offer for sale in this state any plastic bottle or rigid plastic container, unless it is labeled with a nationally recognized code indicating the plastic resin used to produce the bottle or container. The nationally recognized code shall appear on or near the bottom of the bottle or container.
(c) If the attorney general or county or district attorney has reason to believe that a person is violating the provisions of this section, the attorney general or county or district attorney shall give the person written notice thereof. If, after such notice is given, the attorney general or county or district attorney has reason to believe that the person is continuing to violate the provisions of this section, the attorney general or county or district attorney may bring an action to enjoin the violation and to recover a civil penalty of $50 for each violation but not exceeding a total of $500. Any such penalty recovered by the attorney general shall be deposited in the state treasury and credited to the state general fund. Any such penalty recovered by the county or district attorney shall be deposited in the general fund of the county in which the violation occurred.
History: L. 1993, ch. 57, § 1; L. 2014, ch. 112, § 1; July 1.
§ 65-3426 Solid waste grants advisory committee
(a) There is hereby established within the department of health and environment the solid waste grants advisory committee, which shall be composed of eight members as follows:
(1) Seven members appointed by the governor, two of whom shall represent the interests of regional solid waste management entities, two of whom shall represent the interests of counties, one of whom shall represent the interests of cities, one of whom shall represent the interests of waste tire generators or handlers and one of whom shall represent the interests of the private sector;
(2) the secretary of health and environment or the secretary's designee.
(b) Appointive members of the solid waste grants advisory committee shall serve terms of two years. The secretary of health and environment or the person designated by the secretary shall serve as chairperson of the advisory committee.
(c) Members of the solid waste grants advisory committee shall receive amounts provided by subsection (e) of K.S.A. 75-3223, and amendments thereto, for each day of actual attendance at any meeting of the advisory committee or any subcommittee meeting authorized by the advisory committee.
(d) The secretary of health and environment shall provide technical support related to the activities of the solid waste grants advisory committee, including but not limited to establishing project selection criteria, performing technology evaluations, assessing technical feasibility and determining consistency with the statewide solid waste management plan, the applicable county or regional solid waste management plan and regional activities.
(e) In accordance with schedules established by the secretary of health and environment, the solid waste grants advisory committee shall meet to review competitive grant applications submitted pursuant to subsection (b) of K.S.A. 65-3415, and amendments thereto. The advisory committee shall establish a project priority list for each fiscal year based upon the availability of funds as estimated by the secretary and shall make recommendations regarding the selection of grantees and the disbursement of moneys.
History: L. 1995, ch. 221, § 4; L. 2001, ch. 126, § 8; L. 2003, ch. 130, § 21; July 1.
§ 65-3427 Limitation on number of employees for solid waste management
The number of full-time and regular part-time positions equated to full-time, excluding seasonal and temporary positions, for the department of health and environment for any solid waste management programs and functions pursuant to K.S.A. 65-3401 through 65-3425, and amendments thereto, shall not exceed 44.
History: L. 1995, ch. 221, § 6; July 1.
§ 65-3428 Plastic bulk merchandise container sales; definitions; requirements
(a) As used in this section:
(1) "Plastic bulk merchandise container" means a plastic crate, pallet or shell used by a product producer, distributor or retailer for the bulk transportation or storage of retail containers of milk, eggs, bakery items or bottled beverage products.
(2) "Proof of ownership" includes a bill of sale or other evidence showing that an item has been sold to the person possessing the item.
(b) A person who is in the business of recycling, shredding or destroying plastic bulk merchandise containers:
(1) Shall not pay for the purchase of any plastic bulk merchandise container with cash; and
(2) shall, for each transaction in which the person purchases one or more plastic bulk merchandise containers, make or obtain a record of the method of payment used to purchase the containers.
(c) A person who is in the business of recycling, shredding or destroying plastic bulk merchandise containers, before purchasing five or more plastic bulk merchandise containers from the same person, shall:
(1) Obtain from that person proof of ownership for the containers;
(2) make or obtain a record that contains:
(A) The name, address, telephone number and the identifying number from the seller's driver's license, military identification card, passport or personal identification card of the person or the person's authorized representative. For the purpose of this subsection, the identifying number from an official governmental document for a country other than the United States may be used to meet this requirement only if a legible fingerprint is also obtained from the seller;
(B) a copy of the identification card or document containing such identifying number;
(C) the name and address of the buyer of the containers or any consignee of the containers;
(D) a description of the containers, including the number of the containers to be sold; and
(E) the date of the transaction;
(3) verify the identity of the individual selling the containers or representing the seller from a driver's license or other government-issued identification card that includes the individual's photograph, and record the verification; and
(4) attach the record made or obtained pursuant to subsection (b)(2) to the record made or obtained pursuant to this subsection.
(d) Any person who violates the provisions of this section shall be liable for the payment of a civil penalty not to exceed $10,000 for each violation, recoverable in an individual action brought by the attorney general or county or district attorney. Each cash transaction made in violation of this section is a separate violation for purposes of imposing a penalty pursuant to this section.
(e) Any civil penalty sued for and recovered by the attorney general shall be paid into the state general fund. Any civil penalty sued for and recovered by a county or district attorney shall be paid into the general fund of the county in which the proceedings are instigated.
History: L. 2013, ch. 42, § 1; July 1.
§ 65-3429 Same; exceptions
Nothing in this act shall be construed to apply to plastic bulk merchandise containers collected by public or private recycling or refuse haulers as part of a municipal solid waste recycling or trash collection program where the plastic bulk merchandise containers are voluntarily deposited into collection containers by a resident or commercial entity without the receipt of payment for the purposes of disposal or recycling.
History: L. 2013, ch. 42, § 2; July 1.
§ 65-3430 Hazardous wastes; definitions
As used in K.S.A. 65-3430 to 65-3447, and amendments thereto:
(a) "Department" means the Kansas department of health and environment.
(b) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwater.
(c) "Facility" means all contiguous land, structures and other appurtenances and improvements on the land utilized for the purpose of treating, storing or disposing of hazardous waste. A facility may consist of several treatment, storage or disposal operational units.
(d) "Generator" means any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation.
(e) (1) "Hazardous waste" means any waste or combination of wastes which, because of its quantity, concentration or physical, chemical, biological or infectious characteristics or as otherwise determined by the secretary: (A) Causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (B) poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
(2) Hazardous waste shall not include: (A) Household waste; (B) agricultural waste returned to the soil as fertilizer; (C) mining waste and overburden from the extraction, beneficiation and processing of ores and minerals, if returned to the mine site; (D) drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal energy; (E) fly ash, bottom ash, slag and flue gas emission control wastes generated primarily from the combustion of coal or other fossil fuels; (F) cement kiln dust; or (G) materials listed in 40 C.F.R. 261.4, as in effect on July 1, 1983, or any later version as established in rules and regulations adopted by the secretary.
(f) "Hazardous waste facility" means a facility or part of a facility: (1) At which hazardous waste is treated; (2) at which hazardous waste is stored; or (3) at which hazardous waste is disposed and will remain after closure. "Hazardous waste facility" includes a hazardous waste injection well.
(g) "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.
(h) "Hazardous waste transfer facility" means any hazardous waste transportation-related facility, other than the location of generation or of final treatment or disposal, that, during the course of transportation, serves as an area for the accumulation, consolidation, distribution or transfer of hazardous waste shipments, including loading docks, parking areas, rail spurs and other similar areas where shipments of hazardous waste are held during the normal course of transportation. "Hazardous waste transfer facility" does not include hazardous waste facilities or permitted household hazardous waste facilities.
(i) "Manifest" means the form prescribed by the secretary to be used for identifying the quantity, composition, origin, routing and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment or storage.
(j) "Modification" means the expansion or enlargement of a facility beyond the boundaries established by an existing permit or any material or substantial alteration or addition to an existing permitted facility which would justify the application of permit conditions that would be materially or substantially different from the conditions of the existing permit or are absent from the existing permit.
(k) "Monitoring" means all procedures used to (1) systematically inspect and collect samples or require information and copy records or data on the operational parameters of a facility, generator or a transporter; or (2) to systematically collect and analyze data on the quality of the air, groundwater, surface water or soil on or in the vicinity of a hazardous waste generator, transporter or facility.
(l) "Off-site facility" means a facility where treatment, storage or disposal activities are conducted by a person other than the hazardous waste generator.
(m) "On-site facility" means a facility which is solely owned and operated by the generator exclusively for the treatment, storage or disposal of wastes which have been generated on the contiguous property and includes the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection and access is by crossing and not going along the right-of-way or noncontiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access.
(n) "Permit" means the document issued to a person by the secretary which allows such person to construct and operate a hazardous waste facility in the state.
(o) "Person" means an individual, trust, firm, joint stock company, federal agency, corporation, including a government corporation, partnership, state, municipality, commission, political subdivision of a state or any interstate body.
(p) "Secretary" means the secretary of the department of health and environment.
(q) "Storage" means the holding of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed of or stored elsewhere.
(r) "Transporter" means any person who is engaged in the off-site transportation of hazardous waste by air, rail, land, highway or water.
(s) "Treatment" means any method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize such waste or so as to recover energy or material resources from the waste, to render such waste nonhazardous; less hazardous; safer to transport, store or dispose of; amenable for recovery or storage; or reduced in volume.
(t) "Waste" means any garbage, refuse, sludge or other discarded material which is abandoned or committed to treatment, storage or disposal, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining, community and agricultural activities. Waste does not include solid or dissolved materials in domestic sewage or irrigation return flows or solid or dissolved materials or industrial discharges which are point sources subject to permits under K.S.A. 65-165, and amendments thereto.
(u) "Acutely hazardous waste" means a commercial chemical product or manufacturing chemical intermediate having a generic name listed in 40 C.F.R. 261.33(e), as in effect on July 1, 1984, or any later version as established in rules and regulations adopted by the secretary; or an off-specification commercial chemical product or manufacturing chemical intermediate which, if either met specifications, would have a generic name listed in 40 C.F.R. 261.33(e), as in effect on July 1, 1984, or any later version as established in rules and regulations adopted by the secretary.
(v) "Underground injection" means the subsurface emplacement of fluids through a well for which a permit has been issued by the secretary.
(w) "Land treatment" means the practice of applying hazardous waste onto or incorporating hazardous waste into the soil surface so that it degrades or decomposes and renders the waste nonhazardous.
(x) "Above ground storage" means the placement of containerized hazardous waste into an above ground structure for a temporary period prior to the reuse or ultimate treatment or disposal of such waste.
(y) "Closure plan" means a written document which identifies the procedures by which the owner or operator of a hazardous waste facility will close such facility so as to control, minimize or eliminate, to the extent necessary to prevent a threat to human health and the environment, post-closure escape of hazardous waste, hazardous waste constituents, leachate, contaminated rainfall or waste decomposition products to the ground, groundwater, surface waters or to the atmosphere.
(z) "Post-closure plan" means the written document which identifies the procedures by which the owner or operator of a hazardous waste facility shall provide, for a minimum of 30 years, for groundwater protection, site security and maintenance of cover and leachate collection systems.
History: L. 1981, ch. 251, § 1; L. 1984, ch. 240, § 1; L. 1985, ch. 218, § 1; L. 1992, ch. 192, § 4; L. 1999, ch. 129, § 1; L. 2000, ch. 103, § 6; July 1.
§ 65-3431 Duties and functions of secretary; standards; permits; fees
The secretary is authorized and directed to:
(a) Adopt such rules and regulations, standards and procedures relative to hazardous waste management as may be necessary to protect the public health and environment and enable the secretary to carry out the purposes and provisions of this act.
(b) Report to the legislature on further assistance needed to administer the hazardous waste management program.
(c) Administer the hazardous waste management program pursuant to provisions of this act.
(d) Cooperate with appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the duties under this act.
(e) Develop a statewide hazardous waste management plan.
(f) Provide technical assistance, including the training of personnel, to industry, local units of government and the hazardous waste management industry to meet the requirements of this act.
(g) Initiate, conduct and support research, demonstration projects and investigations and coordinate all state agency research programs with applicable federal programs pertaining to hazardous waste management.
(h) Establish policies for effective hazardous waste management.
(i) Authorize issuance of such permits and orders, conduct inspections and collect samples or require information and copy records or data as may be necessary to implement the provisions of this act and the rules and regulations and standards adopted pursuant to this act.
(j) Conduct and contract for research and investigations in the overall area of hazardous waste storage, collection, transportation, treatment, recovery and disposal including, but not limited to, new and novel procedures.
(k) Adopt rules and regulations establishing criteria for identifying the characteristics of hazardous waste and for listing hazardous waste. The secretary shall prepare and keep current a listing of hazardous wastes and set of characteristics based on the rules and regulations adopted pursuant to this subsection. The listing shall identify, but need not be inclusive of, all the hazardous waste subject to the provisions of this act. The criteria for identification and listing shall be consistent with the criteria for identification and listing adopted by the administrator of the United States environmental protection agency under the authority vested in the administrator by the Resource Conservation and Recovery Act of 1976 (42 USC 6921) as amended by the Solid Waste Disposal Act of 1980 (P.L. 94-482, October 21, 1980), and as amended by the Hazardous and Solid Waste Act of 1984 (P.L. 98-616, November 8, 1984).
(l) Adopt rules and regulations establishing: (1) Appropriate measures for monitoring generators, transporters and facilities during operation, during closure and after closure of such facilities to insure compliance with the rules and regulations adopted under this act and any permit issued under this act; (2) procedures to suspend operation of such generators, transporters or facilities as may be required to protect the public health and safety or the environment; and (3) appropriate measures to insure that any use of a hazardous waste facility after closure will not endanger the public health or safety or the environment.
(m) Adopt rules and regulations establishing standards for hazardous waste generators including, but not limited to, notification of hazardous waste generation, reporting, recordkeeping, labeling, containerization, source separation, storage, manifests, monitoring, sampling and analysis and manner of filing notifications, reports and manifests.
(n) Adopt rules and regulations prescribing the form of the manifest and requiring such manifest to accompany any hazardous waste collected, transported, treated, recovered or disposed of, and prescribing the contents of the manifest which shall include, but not be limited to, the quantity and composition of the hazardous waste, generator, transporter, destination, facility and the manner of signing and filing of the manifest and for the maintenance of records.
(o) Adopt rules and regulations establishing standards for routes used for transporting hazardous waste within the state with the concurrence of the state corporation commission. Such standards shall be consistent with those of the United States department of transportation and the state corporation commission, with respect to transportation of hazardous materials. Motor vehicles which are used for the transportation of hazardous waste in accordance with this act shall be exempt from the requirements of K.S.A. 66-1,108 et seq., and amendments thereto, and any rules and regulations adopted thereunder pertaining to routes which shall be under the jurisdiction of the secretary as provided in this act including any rules and regulations adopted thereunder. Otherwise such motor vehicles shall be subject to the requirements of K.S.A. 66-1,108 et seq., and amendments thereto, and any rules and regulations adopted thereunder.
(p) Adopt rules and regulations establishing standards for transporters of hazardous waste including, but not limited to, notification of hazardous waste transport, manifests, labeling, recordkeeping and the filing of reports.
(q) Adopt rules and regulations establishing standards and procedures to protect public health and the environment from any release of hazardous waste into the environment and to insure the prompt correction of any such release and damage resulting therefrom by the person transporting, handling or managing such hazardous waste.
(r) Adopt rules and regulations requiring that, for such period of time as the secretary shall specify, any assignment, sale, conveyance or transfer of all or any part of the real property upon which a hazardous waste facility is or has been located shall be subject to such terms and conditions as to the use of such property as the secretary shall specify to protect human health and the environment.
(s) Adopt rules and regulations establishing a permit system which includes standards for hazardous waste facilities and procedures for implementation of a permit system for the construction, alteration or operation of a hazardous waste facility including, but not limited to, content of applications, evidence of financial responsibility, existing hydrogeological characteristics, environmental assessment, training of personnel, maintenance of operations, qualifications of ownership, continuity of operation, public notification and participation and compliance with those standards established pursuant to subsection (t).
(t) Adopt rules and regulations establishing minimum standards for the design, location, construction, alteration, operation, termination, closing and long-term care of hazardous waste facilities, including, but not limited to, notification of hazardous waste treatment, storage or disposal, general facility standards, contingency plans, emergency procedures, manifest system, recordkeeping, inspections, monitoring, reporting, closure and postclosure plans and financial requirements. The operator of the facility shall be responsible for long-term care of the facility for 30 years after closure of the facility except that the secretary may modify the long-term care requirements for any facility when all hazardous waste is removed from the facility at closure. The secretary may extend the long-term care responsibility of any operator of a facility as the secretary may deem necessary to protect the public health and safety or the environment. Any person acquiring rights of possession or operation of any hazardous waste facility permitted by the secretary at any time after the facility has begun to accept waste and prior to the end of the required period of long-term care shall be subject to all of the requirements, terms and conditions of the permit for the facility including all requirements relating to long-term care of the facility. The sale or acquisition of a hazardous waste facility during the long-term care period shall be subject to the assignment of long-term care responsibilities as determined by the secretary.
(u) Adopt rules and regulations establishing a schedule of annual fees to be paid to the secretary by: (1) Persons owning or operating hazardous waste facilities; (2) hazardous waste transporters; or (3) hazardous waste generators producing or bringing into existence hazardous waste in Kansas. The fees shall be for monitoring facilities both during and after operation, for monitoring generators of hazardous waste in Kansas and for monitoring the transportation of hazardous wastes. The fees shall be sufficient to reimburse the cost of the state in performing these monitoring responsibilities. The fee established under this subsection for each hazardous waste facility shall not exceed $50,000 annually. In setting fees, the secretary may exempt those fees which would be payable by generators for hazardous waste which is treated to recover substantial amounts of either energy or materials from hazardous wastes. The secretary shall remit any moneys collected from such fees 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 hazardous waste management fund created by K.S.A. 65-3491, and amendments thereto.
(v) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the secretary by applicants for permits to construct, modify or operate a hazardous waste facility. The fees established under this subsection shall not exceed $175,000 for each application submitted. These fees shall be based upon resources required to review the application, the type of facility, quantity of waste processed, type of waste processed, degree of hazard and potential impact upon human health and environment.
(2) The secretary shall remit any money collected pursuant to this subsection 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 hazardous waste management fund created by K.S.A. 65-3491, and amendments thereto.
(w) (1) Adopt rules and regulations establishing a schedule of fees to be paid to the secretary by off-site hazardous waste facilities at which hazardous waste is treated and off-site hazardous waste facilities at which hazardous waste is disposed and will remain after closure. In establishing fees, the secretary shall give consideration to the degree of hazard, energy content, quantity of waste, costs of treatment or disposal and estimated future receipts. Fees shall be in an amount not to exceed $.01 per pound of hazardous waste treated, or burned for energy or material recovery. In no event shall the fees established under this subsection exceed the following annual calendar year caps: $60,000 for a facility which burns hazardous waste for energy or material recovery only; $200,000 for a facility which burns hazardous waste for treatment or disposal only. Facilities which burn hazardous waste for: (A) Energy or material recovery; and (B) treatment or disposal shall be subject to a total facility cap of $200,000, which includes a separate cap of $60,000 for hazardous wastes which are burned for energy or material recovery. The secretary shall establish a differential fee schedule for hazardous wastes based upon waste characteristics which is consistently applied to all facilities which burn hazardous wastes. In all other cases, fees shall be in an amount not to exceed $.05 per pound of hazardous waste disposed.
(2) The secretary shall remit any money collected pursuant to this subsection 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 hazardous waste management fund created by K.S.A. 65-3491, and amendments thereto, except that 25% of any such deposit shall be deposited to the credit of the hazardous waste collection fund created by K.S.A. 65-3460, and amendments thereto.
(x) Encourage, coordinate or participate in one or more waste exchange clearing houses for the purpose of promoting reuse and recycling of industrial wastes.
(y) Adopt rules and regulations establishing the criteria to specify when a change of principal owners or management of a hazardous waste facility occurs and under what circumstances and procedures a new permit shall be required to be issued to the transferees of a facility which was permitted to the transferor.
(z) Adopt rules and regulations concerning the generation, transportation, storage, blending, marketing, burning and types of hazardous waste for which any method, technique or process to recover energy will be considered hazardous waste treatment. Such rules and regulations should specify a minimum heat value of the waste so as to ensure that a legitimate energy recovery will occur and should consider other characteristics of the waste which are appropriate to ensure that such method, technique or process for energy recovery will not pose a threat to the public health or environment.
History: L. 1981, ch. 251, § 2; L. 1983, ch. 286, § 5; L. 1984, ch. 240, § 2; L. 1985, ch. 218, § 2; L. 1986, ch. 240, § 1; L. 1987, ch. 295, § 6; L. 1989, ch. 48, § 87; L. 1991, ch. 198, § 1; L. 1992, ch. 272, § 7; L. 1993, ch. 274, § 5; L. 1996, ch. 253, § 16; L. 1996, ch. 253, § 17; L. 1999, ch. 44, § 1; L. 2000, ch. 103, § 7; L. 2001, ch. 5, § 248; July 1.
§ 65-3432 Repealed
History: L. 1981, ch. 251, § 4; L. 1982, ch. 347, § 26; L. 1984, ch. 240, § 3; Repealed, L. 1992, ch. 192, § 17; July 1.
§ 65-3433 Permit, construction or modification of facility; duties of secretary
(a) After the effective date of this act, no person shall modify or construct an off-site hazardous waste facility without a permit issued by the secretary under this act.
(b) Upon receipt of an application for a permit to construct an off-site hazardous waste facility which complies with the requirements of this section, the secretary shall:
(1) Publish a notice once per week for three consecutive weeks in a newspaper having major circulation in the county in which the facility is proposed to be located. The required published notice shall contain a map indicating the location of the proposed facility and shall contain a description of the proposed action and the location where the permit application and related documents may be reviewed and where copies may be obtained. The notice shall describe the procedure by which the permit may be granted. The secretary shall transmit a copy of the notice to the clerk of any city which is located within three miles of the proposed facility.
(2) Review the plans of the proposed facility to determine if the proposed operation complies with this act and the rules and regulations promulgated under this act. The review shall include but not be limited to air quality, water quality, waste management and hydrogeology. If the facility review, the plan review and the application meet the requirements of this act and the rules and regulations promulgated under this act, the secretary shall approve construction or modification of the facility which approval may contain conditions specifically applicable to the facility and operation. An expansion, enlargement or modification of a facility beyond the specified areas indicated in the existing permit constitutes a new proposal for which a new construction permit application is required.
(c) The secretary shall approve or deny a construction permit application within 240 days after the secretary receives an application meeting the requirements of this section except such time period shall not apply to an application for a license to be issued under the authority of K.S.A. 48-1607, and amendments thereto. If the secretary approves an application, the secretary immediately shall notify the applicant. If the secretary denies an application, the secretary shall notify the applicant in writing of the reasons for the denial. No local ordinance, permit or other requirements may prohibit the construction or modification of such a facility or restrict transportation to the facility.
History: L. 1981, ch. 251, § 5; L. 1984, ch. 240, § 4; L. 1992, ch. 192, § 5; L. 2000, ch. 103, § 8; July 1.
§ 65-3434 Repealed
History: L. 1981, ch. 251, § 6; L. 1988, ch. 356, § 205; Repealed, L. 1992, ch. 192, § 17; July 1.
§ 65-3435 Same; conditions precedent to approval of application
The secretary shall not approve any application unless the applicant has fee simple title to the property where the facility is to be located, free of any liens, easements, covenants, or any other encumbrances on the title.
History: L. 1981, ch. 251, § 7; L. 1982, ch. 267, § 4; L. 1984, ch. 240, § 5; L. 1992, ch. 192, § 6; July 1.
§ 65-3436 Repealed
History: L. 1981, ch. 251, § 8; L. 1984, ch. 240, § 6; L. 1986, ch. 318, § 101; Repealed, L. 1992, ch. 192, § 17; July 1.
§ 65-3437 Same; application for permits, contents; duties of secretary
(a) No person shall construct, modify or operate a hazardous waste facility or otherwise dispose of hazardous waste within this state without a permit from the secretary.
(b) The application for a permit shall contain the name and address of the applicant, the location of the proposed facility and other information considered necessary by the secretary, including proof of financial capability.
(c) Before reviewing any application for permit, the secretary shall conduct a background investigation of the applicant. The secretary shall consider the financial, technical and management capabilities of the applicant as conditions for issuance of a permit. The secretary may reject the application without conducting an investigation into the merits of the application if the secretary finds that:
(1) The applicant currently holds, or in the past has held, a permit under this section and that while the applicant held a permit under this section the applicant violated a provision of subsection (a) of K.S.A. 65-3441, and amendments thereto; or
(2) the applicant previously held a permit under this section and that permit was revoked by the secretary; or
(3) the applicant failed or continues to fail to comply with any of the provisions of the air, water or waste statutes, including rules and regulations issued thereunder, relating to environmental protection or to the protection of public health in this or any other state or the federal government of the United States, or any condition of any permit or license issued by the secretary; or if the secretary finds that the applicant has shown a lack of ability or intention to comply with any provision of any law referred to in this subsection or any rule or regulation or order or permit issued pursuant to any such law as indicated by past or continuing violations.
In case of a corporate applicant, the secretary may deny the issuance of a permit if the secretary finds that the applicant or any person who holds an interest in, or exercises total or partial control of or does business with the applicant or a principal of the corporation was a principal of another corporation which would not be eligible to receive a permit because of the provisions of this act.
(d) Upon receipt of a permit application meeting the requirements of this section, the secretary or an authorized representative of the secretary shall inspect the location of the proposed facility and determine if the same complies with this act and the rules and regulations promulgated under this act. An inspection report shall be filed in writing by the secretary before issuing a permit and shall be made available for public review.
History: L. 1981, ch. 251, § 9; L. 1984, ch. 240, § 7; L. 1985, ch. 218, § 3; L. 1991, ch. 198, § 2; July 1.
§ 65-3438 Same; secretary's decision on permit application; time period, extensions
The secretary shall make a final decision on a permit application within 240 days of the receipt of the application unless the time for such decision has been extended by the applicant in writing or by rules and regulations adopted by the secretary for the issuance of permits under this act. In the issuance of such permits, the secretary may include conditions specifically applicable to the operation of the facility. No local ordinance, permit or other requirements may prohibit operation of a facility having a permit under this act.
History: L. 1981, ch. 251, § 10; L. 1992, ch. 192, § 7; July 1.
§ 65-3439 Same; terms and conditions; revocation or suspension; appeals
(a) Permits for hazardous waste facilities shall be issued for fixed terms not to exceed 10 years.
(b) Plans, designs and relevant data for the construction of hazardous waste facilities shall be prepared by a professional engineer licensed to practice in Kansas and shall be submitted to the department for approval prior to the construction, modification or operation of such a facility. In adopting rules and regulations, the secretary may specify sites, areas or facilities where the environmental impact is minimal and may waive the requirement that plans and designs for on-site storage or treatment facilities be prepared by a professional engineer.
(c) Each permit granted by the secretary, as provided in this act, shall be subject to such conditions as the secretary deems necessary to protect human health and the environment and to conserve the sites. Such conditions shall include approval by the secretary of the types and quantities of hazardous waste allowable for storage, treatment or disposal at the permitted location and, in the case of underground injection wells, minimum pretreatment standards established by the secretary.
(d) The secretary shall not issue a permit for a hazardous waste underground injection well unless such methodology is deemed the most reasonable method of disposing of the hazardous waste after considering the health and environmental effects, alternative treatment and disposal technologies and economic impact relating to such well.
(e) Permits granted by the secretary, as provided in this act, shall be revocable or subject to suspension for failure to pay any fee as required by this act or if the secretary determines that:
(1) A hazardous waste facility is or has been constructed or operated in violation of this act or the rules and regulations or standards adopted pursuant to the act or is creating a hazard to the public health or safety or to the environment;
(2) the permittee has committed past or continuing violations such that an original permit application would be denied under the provisions of subsection (c)(3) of K.S.A. 65-3437, and amendments thereto; or
(3) in the case of a corporate permittee, the permittee, any person who holds an interest in or exercises total or partial control of or does business with the permittee or any principal of the corporation is the principal of another corporation which has committed past or continuing violations such that an original permit application would be denied under the provisions of subsection (c)(3) of K.S.A. 65-3437, and amendments thereto.
(f) In case any permit is denied, suspended or revoked, any person aggrieved by such decision may request a hearing before the secretary in accordance with K.S.A. 65-3440, and amendments thereto.
History: L. 1981, ch. 251, § 11; L. 1984, ch. 240, § 8; L. 1985, ch. 218, § 4; L. 2000, ch. 103, § 9; July 1.
§ 65-3440 Permit, revocation or suspension, hearing; judicial review
Any person aggrieved by any order or denial of the secretary, may within 15 days of service of the order request in writing a hearing on the order. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any person adversely affected by any action of the secretary pursuant to this section may obtain review of such action in accordance with the Kansas judicial review act.
History: L. 1981, ch. 251, § 12; L. 1986, ch. 318, § 102; L. 1988, ch. 356, § 206; L. 2010, ch. 17, § 148; July 1.
§ 65-3441 Unlawful acts; penalties
(a) It shall be unlawful for any person to:
(1) Dump or deposit, or permit the dumping or depositing of, any hazardous waste regulated by this act into any facility which does not comply with the provisions of this act or rules or regulations, standards or orders of the secretary, but this provision shall not prohibit: (A) The use of hazardous wastes in normal farming operations or in the processing or manufacturing of other products in a manner that will not adversely affect the public health or environment; or (B) a generator who periodically produces a quantity of hazardous waste less than the quantity regulated under subsection (k) of K.S.A. 65-3431, and amendments thereto, from disposing such quantity of hazardous waste into a facility approved by the department which has a permit issued under K.S.A. 65-3407, and amendments thereto.
(2) Construct, modify or operate a hazardous waste facility without a permit or other required written approval from the secretary or to be in violation of the rules and regulations, standards or orders of the secretary.
(3) Violate any condition of any permit issued by the secretary.
(4) Store, collect, treat or dispose of hazardous waste contrary to the rules and regulations, standards or orders of the secretary.
(5) Refuse or hinder entry, inspection, sampling and the examination or copying of records related to the purposes of this act by an agent or employee of the secretary after such agent or employee identifies and gives notice of their purpose at any time.
(6) Knowingly make any false material statement or representation in any application, label, manifest, record, report, permit or other document filed, maintained or used for purposes of compliance with this act.
(7) Knowingly destroy, alter or conceal any record required to be maintained under rules and regulations promulgated by the secretary pursuant to this act.
(8) Fail to designate on a manifest a facility which is authorized to operate under the federal hazardous waste program or under a state hazardous waste program which has received approval to operate in lieu of the federal hazardous waste program.
(9) Transport hazardous waste to a facility which is not authorized to operate under the federal hazardous waste program or under a state hazardous waste program which has received approval to operate in lieu of the federal hazardous waste program.
(10) Add, mix or blend any hazardous waste with fuel oil or any other fuel intended for use by residential consumers or sell such blended fuel to a residential consumer.
(11) Transport and dispose of, or cause the transportation and disposition of, hazardous waste in a manner contrary to the rules and regulations, standards or orders of the secretary. It shall not constitute a defense to the generator that the generator acted through an independent contractor in the transportation or disposition of the hazardous waste.
(12) Operate a hazardous waste transfer facility at which hazardous waste is transferred from one or more containers to one or more different containers. The provisions of this subsection shall not apply to overpacking of hazardous waste containers when the overpack containers are marked with labels that contain all the information on the original labels.
(b) Any person who violates any provision of paragraphs (1) to (10), inclusive, of subsection (a) shall be guilty of a class A nonperson misdemeanor and, upon conviction thereof, shall be punished as provided by law. Any person who violates any provision of paragraph (11) or (12) of subsection (a) shall be guilty of a severity level 10, nonperson felony and, upon conviction thereof, shall be punished as provided by law.
(c) Any person who knowingly violates any provisions of paragraphs (1) to (12), inclusive, of subsection (a) shall be guilty of a severity level 6, nonperson felony and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation and, upon conviction thereof, shall be punished as provided by law.
(d) Any individual who violates any of the provisions of paragraphs (1) to (12), inclusive, of subsection (a) shall be legally responsible to the same extent as if such acts were in the individual's own name or on the individual's own behalf.
(e) The county or district attorney of every county shall file appropriate actions for enforcement of this section upon request of the secretary or upon the county or district attorney's own motion after consultation with the secretary.
(f) No person shall be held responsible for failure to secure a permit under the provisions of this section for the dumping or depositing of any hazardous waste on land owned or leased by such person without their expressed or implied consent, permission or knowledge.
History: L. 1981, ch. 251, § 13; L. 1984, ch. 240, § 9; L. 1985, ch. 219, § 3; L. 1993, ch. 291, § 233; L. 1999, ch. 129, § 2; L. 2000, ch. 103, § 10; July 1.
§ 65-3442 Same; vesting of title to hazardous waste; liability for cleanup costs
(a) Title to hazardous waste transported, stored, treated or disposed of in accordance with the provisions of this act and the rules and regulations and standards adopted thereunder, shall vest with the owner of the hazardous waste management facility in which the waste is located, unless specific contractual arrangements are otherwise provided with the generator or contractor. Hazardous waste disposed of in ways other than in accordance with the provisions of this act remain the property of the generator and the generator is liable for removal of the waste, restoration of the area in which the wastes were disposed and the disposal of the waste in accordance with this act.
(b) A generator who transfers hazardous waste to a hazardous waste transporter for transport to an approved hazardous waste facility shall be relieved of liability for cleanup or disposal for such waste, except as otherwise provided in this act. This subsection shall not operate to relieve any contractual obligation owing to the operator of the approved hazardous waste facility or to the transporter by the generator.
(c) If a generator utilizes or arranges for unapproved transportation, storage, disposal or treatment, the generator and any person aiding or abetting the generator shall be liable for all costs resulting from cleanup, disposal or treatment of the waste.
(d) The duties, responsibilities and liabilities of this section shall apply to both intrastate and interstate shipments of hazardous waste by a generator located in the state of Kansas.
History: L. 1981, ch. 251, § 14; L. 1984, ch. 240, § 10; July 1.
§ 65-3443 Prevention or removal of hazard or pollution
(a) If the secretary finds that the generation, accumulation, management or disposal of a hazardous waste by any person is causing or threatens to cause pollution of the land, air or waters of the state or is or threatens to become a hazard to persons, property or public health or safety or that the provisions of this act or any rule and regulation adopted pursuant thereto have been otherwise violated, the secretary may order the person to modify the generation, accumulation, management or disposal of the hazardous waste or to provide and implement such hazardous waste management procedures as will prevent or remove the pollution or hazard or take any other action deemed necessary. The secretary may order any person having a permit issued under this act, and who operates a public or commercial hazardous waste management facility, which the secretary finds suitable to manage the hazardous waste, to provide and implement hazardous waste management procedures to prevent or remove such pollution or hazard. Such order shall specify a fair compensation to the owner or permittee for property taken or used and shall specify the terms and conditions under which the permittee shall provide the hazardous waste management services. Any order issued shall specify the length of time after receipt of the order during which the person or permittee shall provide or implement hazardous waste management procedures or modify the generation, accumulation or management of the hazardous waste.
(b) The secretary shall adopt rules and regulations providing for approval of closure and postclosure plans, establishing standards for underground injection, land treatment, mound landfill and aboveground storage of hazardous waste.
(c) Any order of the secretary pursuant to subsection (a) is subject to hearing and review in accordance with K.S.A. 65-3440 and amendments thereto.
History: L. 1981, ch. 251, § 15; L. 1984, ch. 240, § 11; L. 1985, ch. 219, § 2; L. 1986, ch. 318, § 103; L. 1988, ch. 356, § 207; July 1, 1989.
§ 65-3444 Violations of act; penalties
(a) A person who violates any provisions of this act, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount not to exceed $25,000 for every such violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) In assessing the civil penalty under this section, the district court shall consider, when applicable, the following factors:
(1) The extent to which the violation presents a substantial hazard to the health of individuals;
(2) the extent to which the violation has or may have an adverse effect upon the environment to be determined by the court according to the toxicity, degradability and dispersal characteristics of the hazardous waste disposed of or the potential for such damage if no hazardous waste has been disposed, the sensitivity of the receiving environment and the degree to which the disposal degrades existing environmental quality or the potential for such degradation if no disposal has occurred;
(3) the amount of the reasonable costs incurred by the state in detection, investigation and attempted correction of the violation;
(4) the economic savings realized by the person in not complying with the provision for which a violation is charged including, but not limited to, that sum which a person would be required to expend for the planning, acquisition, siting, construction, installation and operation of facilities necessary to comply with the provision violated;
(5) the quantity of the hazardous waste disposed of, if any, in a manner which constitutes a violation; and
(6) the amount which would constitute an actual and substantial economic deterrent to the violation for which it is assessed.
(c) A civil action under this section may be commenced in the name of the state by the secretary or the county or district attorney of the county in which the violation is alleged to have occurred, or at the request of the secretary, by the attorney general.
(d) Any sum assessed under this section shall be deposited as ordered by the district court judge: (1) In the state general fund; (2) in the hazardous waste management fund created by K.S.A. 65-3491 and amendments thereto; or (3) part in the state general fund and the balance in the hazardous waste management fund. Moneys deposited in the hazardous waste management fund under this subsection (d) shall be to reimburse such fund, to the extent practicable as determined by the district court judge, for expenditures from such fund, if any, in the matter which gave rise to the civil action.
History: L. 1981, ch. 251, § 16; L. 1981, ch. 239, § 1; L. 1984, ch. 240, § 12; L. 1999, ch. 44, § 2; July 1.
§ 65-3445 Protection from hazards; orders and injunctions; judicial review
(a) Notwithstanding any other provision of this act, upon receipt of information that the storage, transportation, treatment or disposal of any hazardous waste may present a substantial hazard to the health of persons or to the environment or for a threatened or actual violation of this act or any rules or regulations adopted pursuant thereto or any orders issued pursuant thereto or any permit conditions required thereby, the secretary may take such action as may be necessary to protect the health of persons or the environment. The action the secretary may take shall include, but not be limited to:
(1) Issuing an order directing the owner, generator, transporter or operator of the hazardous waste facility or site, or the custodian of the waste, which constitutes the hazard, to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard. The action may include, with respect to a facility or site, permanent or temporary cessation of operation.
(2) Commencing an action to enjoin acts or practices specified in subsection (a)(1) or requesting that the attorney general or appropriate district or county attorney commence an action to enjoin those acts or practices. Upon a showing by the secretary that a person has engaged in those acts or practices, a permanent or temporary injunction, restraining order or other order may be granted by any court of competent jurisdiction. An action for injunction under this subsection (a)(2) shall have precedence over other cases in respect to order of trial.
(3) Applying to the district court in the county in which an order of the secretary under subsection (a)(1) will take effect, in whole or in part, for an order of that court directing compliance with the order of the secretary. Failure to obey the court order shall be punishable as contempt of the court issuing the order. The application under this subsection (a)(3) for a court order shall have precedence over other cases in respect to order of trial.
(b) In any civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction or permanent injunction shall issue without such allegations and without such proof.
(c) Any order of the secretary pursuant to subsection (a)(1) is subject to hearing and review in accordance with K.S.A. 65-3440 and amendments thereto.
History: L. 1981, ch. 251, § 17; L. 1984, ch. 240, § 13; L. 1986, ch. 318, § 104; L. 1988, ch. 356, § 208; L. 2000, ch. 103, § 11; July 1.
§ 65-3446 Administrative penalties; procedure; hearing; judicial review
(a) The secretary of the department of health and environment or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of K.S.A. 65-3441, and amendments thereto, may impose a penalty not to exceed $10,000 which shall constitute an actual and substantial economic deterrent to the violation for which it is assessed and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except after notice of violation and opportunity for hearing upon the written order of the secretary or the director of the division of environment, if designated by the secretary, to the person who committed the violation. The order shall state the violation, the penalty to be imposed and, in the case of an order of the director of the division of environment, the right to appeal to the secretary for a hearing thereon. Any person may appeal an order of the director of the division of environment by making a written request to the secretary for a hearing within 15 days of service of such order. The secretary shall hear the person within 30 days after receipt of such request, unless such time period is waived or extended by written consent of all parties or by a showing of good cause. Hearings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1981, ch. 251, § 18; L. 1984, ch. 240, § 14; L. 1986, ch. 318, § 105; L. 1988, ch. 356, § 209; L. 2010, ch. 17, § 149; July 1.
§ 65-3447 Administrative penalties; trade secrets; duties of secretary; disclosure of information
Any person submitting any records, reports, documents, or information required by this act, may upon a showing satisfactory to the secretary, claim any portion of such record, report, document, or information confidential as a trade secret. "Trade secret" as used in this section shall have the same meaning as provided in K.S.A. 60-3320, and amendments thereto. The department shall establish procedures to insure that trade secrets are utilized by the secretary or any authorized representatives of the secretary only in connection with the responsibilities of the department pursuant to this act. Trade secrets shall not be otherwise used or disseminated by the secretary or any representative of the secretary without the consent of the person furnishing the information. Such record, report, document, or information may be disclosed to other officers, employees or authorized representatives of the state of Kansas concerned with carrying out this act or when relevant in any proceeding under this act. Such records, reports, documents or information may be disclosed to authorized representatives of the administrator of the United States environmental protection agency in connection with any regulation promulgated by the agency or memorandum of agreement with the department pursuant to that agency's responsibilities under the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6926). In submitting any confidential information under this subsection the secretary shall submit the claim of confidentiality to the United States environmental protection agency.
History: L. 1981, ch. 251, § 19; L. 2005, ch. 67, § 8; July 1.
§ 65-3448 Repealed
History: L. 1981, ch. 251, § 20; Repealed, L. 1984, ch. 240, § 17; July 1.
§ 65-3449 Same; notification of legislature and governor of site investigations for disposal of radioactive wastes; acquisition by state of physical sites, when; contracts by secretary for operation and closure of sites
(a) No geologic investigation to determine the suitability of any location in this state for the disposal of radioactive hazardous waste materials shall be undertaken by any person, firm, corporation or other association of persons or governmental authority, until the governor and the house of representatives and the senate of the Kansas legislature have first been notified of all the details of such proposed investigation.
(b) In order to provide for the proper care and surveillance of facilities subject to this act, the state of Kansas may acquire by gift or transfer from any person or another government agency, any and all lands, buildings, and grounds necessary to fulfill the purposes of this act, except that, with respect to any commercial radioactive waste disposal or storage facility, the state of Kansas shall acquire the lands comprising the physical site of the facility or such lands shall be owned by the federal government. Any and all lands, buildings, and grounds acquired under this section shall be owned in fee title absolute by the state of Kansas. Any such gift, acquisition or transfer is subject to approval and acceptance by the legislature.
(c) The secretary may lease, license or contract with any person to provide for the operation, closure, monitoring or maintenance of any lands, buildings or ground acquired by the state of Kansas under subsection (b) of this section.
History: L. 1981, ch. 251, § 3; July 1.
§ 65-3450 Same; intervention of interested parties in civil actions
If the secretary, county or district attorney or attorney general brings a civil enforcement action pursuant to this act, any person who has an interest which is or may be adversely affected, upon timely application, shall be allowed to intervene in such action pursuant to K.S.A. 60-224, and amendments thereto.
History: L. 1984, ch. 240, § 15; L. 1985, ch. 219, § 4; July 1.
§ 65-3451 Same; time schedule for regulation of generators by secretary
(a) Any person who generates a total of 2.2 pounds (one kilogram) or more of acutely hazardous waste, as defined by subsection (y) of K.S.A. 65-3430, and amendments thereto, in any calendar month shall be subject to regulation by the secretary pursuant to K.S.A. 65-3430 et seq., and amendments thereto.
(b) Any person who generates any hazardous waste, which is not an acutely hazardous waste, in any calendar month shall be subject to regulation by the secretary pursuant to K.S.A. 65-3430 et seq., and amendments thereto, in accordance with the following schedule:
(1) From and after July 1, 1984, all persons generating 165 pounds (75 kilograms) or more per month;
(2) from and after July 1, 1985, all persons generating 110 pounds (50 kilograms) or more per month;
(3) from and after July 1, 1986, all persons generating 55 pounds (25 kilograms) or more per month.
History: L. 1984, ch. 240, § 16; July 1.
§ 65-3452 Repealed
History: L. 1984, ch. 219, § 1; Repealed, L. 1988, ch. 256, § 7; July 1.
§ 65-3452a Definition of hazardous substances
As used in this act, unless the context clearly requires otherwise, "hazardous substances" shall have the meaning ascribed to such term by section 101 of the comprehensive environmental response, compensation and liability act of 1980 of the United States as in effect on January 1, 1988.
History: L. 1988, ch. 256, § 1; July 1.
§ 65-3453 Authority of secretary to carry out the clean up of property to protect the public health or the environment; exception for certain property previously owned by the United States army
(a) The secretary shall have the power to:
(1) Determine that the clean up of a site is necessary to protect the public health or the environment;
(2) expend and authorize the expenditure of moneys from the environmental response fund;
(3) issue clean-up orders to persons responsible for the health or environmental hazard created by the hazardous substance;
(4) recover moneys from persons responsible for the health or environmental hazard created by the hazardous substance;
(5) assign personnel and equipment necessary to carry out the purpose of this act;
(6) enter into contracts or agreements with any person or company to conduct the necessary clean-up operations.
(b) Any authorized officer, employee or agent of the department or any person under contract with the department may enter onto any property or premises, at reasonable times and upon written notice to the owner or occupant, to gather data, conduct investigations, or take remedial action where the secretary determines that such action is necessary to protect the public health or environment:
(1) If consent is not granted by the person in control of a site or suspected site regarding any request made by any employee or agent of the secretary under the provisions of this section, the secretary may issue an order directing compliance with the request. The order may be issued after such notice and opportunity for consultation as is reasonably appropriate under the circumstances;
(2) The secretary may ask the attorney general to commence a civil action to compel compliance with a request or order referred to in paragraph (1). Where there is a reasonable basis to believe there may be pollution, the court shall take the following actions:
(A) In the case of interference with entry or investigation, the court shall enjoin such interference or direct compliance with orders to prohibit interference with entry or investigation unless under circumstances of the case the demand for entry or investigation is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) In the case of information or document requests or orders, the court shall enjoin interference with such information or document requests or orders or direct compliance with the requests or orders to provide such information or documents unless under the circumstances of the case the demand for information or documents is arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law;
(3) All orders issued hereunder shall be subject to the provisions of K.S.A. 65-3456a and amendments thereto.
(c) The secretary is hereby authorized to adopt any rules and regulations necessary to carry out the provisions of this act.
(d) Notwithstanding any other provisions of this act or Kansas law, no state agency or subdivision thereof shall issue cleanup orders, seek recovery of money, promulgate regulations or guidance, fail to timely grant approvals for any permit under any state program, including issuance of a no further action approval or resource conservation and recovery act permit modification, or otherwise require any person owning or possessing any interest in property previously owned by the United States army that is located in Johnson county, to be subject to or responsible for any nonresidential property restrictions on use of such land or the costs of investigation, removal or remediation of soil, groundwater or surface water where legally registered pesticidal commercial chemical products were applied at or near structures on land to control pests by the United States army at such property prior to 2005. The provisions of this subsection shall only be applicable to any such person if the property owned by such person is nonresidential. Any such person owning such nonresidential property shall be responsible for the costs of investigation, removal or remediation of soil, groundwater or surface water of contamination as provided by law, including, but not limited to, contamination by legally registered pesticidal commercial chemical products, if such person converts such property to residential property or such property is constructed as a day care facility. Any person owning such nonresidential property shall include in any deed transferring such property a notice of the potential presence of legally registered pesticidal commercial chemical products on such property that may need to be remediated, as determined by the Kansas department of health and environment, if the property is ever used for residential purposes, and such notice shall run with the land and remain permanently on all future deeds until the property is confirmed not to contain pesticidal products at concentrations exceeding residential levels or the property has been remediated to meet residential levels as provided by law. It is the intent of the legislature that the provisions of this subsection shall be applied retroactively.
History: L. 1984, ch. 219, § 2; L. 1988, ch. 256, § 3; L. 2025, ch. 96, § 1; July 1.
§ 65-3454 Repealed
History: L. 1984, ch. 219, § 3; Repealed, L. 1988, ch. 256, § 7; July 1.
§ 65-3454a Environmental response fund created; receipts and expenditures; subaccounts
(a) (1) There is hereby created the environmental response fund. All moneys received by the secretary as grants, gifts, bequests or state or federal appropriations to carry out remedial action at sites polluted by hazardous substances shall be deposited in such fund. All expenditures from the environmental response fund shall be made in accordance with appropriations acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
(2) The secretary is authorized to receive from the federal government or any of its agencies or from any private or governmental source any funds made available under laws, rules and regulations for site cleanup or other remedial action where environmental pollution is or threatens to create a health or environmental hazard.
(b) The environmental response fund shall be maintained as individual subaccounts, as follows:
(1) State appropriations or funds from other sources designated for remedial activities at specific state-lead sites shall be maintained in a separate account. Disbursement of funds from this account shall be made only for activities related to the sites at which the appropriating or donating person has designated.
(2) State appropriations or funds from other sources designated as state match for remedial activities at federal national priority list sites shall be maintained in a separate account. Disbursement of funds from this account shall be made only for remedial design and remedial action at the national priority list sites for which the appropriating or donating person has designated.
(3) State appropriations or funds from other sources designated for emergency response activities or environmental response at nonspecific sites shall be maintained in a separate account. Disbursement of funds from this account shall be made for activities at any sites polluted by hazardous substances where remedial action is necessary to protect public health or the environment.
(4) State appropriations of funds from other sources designated as state match for federal leaking underground storage tank trust fund resources used to conduct remedial action to reduce or eliminate environmental pollution from leaking underground storage tanks of petroleum or hazardous substances shall be maintained in a separate account. Disbursements of funds from this account shall be made only for remedial action to reduce or eliminate environmental pollution from leaking underground petroleum or hazardous substance storage tanks. Moneys recovered from any responsible person for remediation to reduce or eliminate environmental pollution shall be deposited to the credit of the environmental response fund except that a proportional share may be returned to the federal source from which it came.
(c) Subject to the limitations in subsection (b), the secretary is authorized to use funds from the environmental response fund to pay the cost of:
(1) The design and review of remedial action plans;
(2) contracting for services needed to supplement the department's staff expertise in site investigations;
(3) consultation needed concerning remedial action;
(4) mitigation of adverse environmental impacts;
(5) emergency or long-term remedial activities;
(6) legal costs, including expert witnesses, incurred in recovery of fund expenditures;
(7) state matching costs for remedial action funded with the federal hazardous substance superfund established by section 9507 of the internal revenue code of 1986; and
(8) state matching costs for remedial action funded with the federal leaking underground storage tank trust fund established by section 9508 of the internal revenue code of 1986.
(d) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the pollutant discharge cleanup fund and the hazardous waste cleanup fund to the environmental response fund, and the pollutant discharge cleanup fund and the hazardous waste cleanup fund are hereby abolished.
History: L. 1988, ch. 256, § 2; July 1.
§ 65-3455 Responsibility for payment of clean-up costs; actions to recover costs
Except as provided by K.S.A. 65-3453(d), and amendments thereto, any person responsible for the discharge, abandonment or disposal of hazardous substances which the secretary determines is necessary to be cleaned up pursuant to K.S.A. 65-3453 and amendments thereto shall be responsible for the payment of the costs of investigation to determine whether remedial action is necessary at the site. If remedial action is required to protect the public health and environment, the costs of that remedial action shall be borne by the responsible party. If the secretary incurs costs or expends funds for such activities, the responsible person shall be notified of such costs and expenditures and shall make repayment of all costs incurred for response to the site in accordance with K.S.A. 65-3454a and amendments thereto. If the responsible person fails to pay for such costs, such payment or repayment shall be recoverable in an action brought by the secretary in the district court of Shawnee county. Any money recovered under this section shall be deposited in the environmental response fund.
History: L. 1984, ch. 219, § 4; L. 1988, ch. 256, § 4; L. 2025, ch. 96, § 2; July 1.
§ 65-3456 Repealed
History: L. 1984, ch. 219, § 5; L. 1986, ch. 318, § 106; L. 1988, ch. 356, § 210; Repealed, L. 1988, ch. 256, § 7; Repealed, L. 1989, ch. 198, § 1; July 1.
§ 65-3456a Review of secretary's actions or decisions
(a) Any person adversely affected by any order or decision of the secretary may, within 15 days of service of the order or decision, request in writing a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Any person adversely affected by any action of the secretary pursuant to this act may obtain review of such action in accordance with the Kansas judicial review act.
History: L. 1988, ch. 256, § 5; L. 2010, ch. 17, § 150; July 1.
§ 65-3457 Repealed
History: L. 1984, ch. 219, § 6; Repealed, L. 1988, ch. 256, § 7; July 1.
§ 65-3457a Existing law regarding oil and gas pollution not affected
Nothing in this act shall be construed to affect any existing laws concerning activities relating to the protection of surface water and groundwater from oil and gas activities.
History: L. 1988, ch. 256, § 6; July 1.
§ 65-3458 Burial prohibited; exceptions; procedure
(a) The underground burial of hazardous waste produced by persons generating quantities of such waste greater than those specified in K.S.A. 65-3451, and amendments thereto, is prohibited except as provided by order of the secretary of health and environment issued pursuant to this act. Such prohibition shall not be construed as prohibiting (1) mound landfill, (2) aboveground storage, (3) land treatment, (4) underground injection of hazardous waste or (5) on-site disposal or consolidation of solid and hazardous wastes, including soils, sediments and debris, if the wastes are generated as the result of a clean-up, approved by the secretary, at the site, which may include adjacent or nearby property under separate ownership that is part of the approved clean-up. Any existing hazardous waste facility which utilizes underground burial shall cease such practice and, with the approval of the secretary, shall implement closure and postclosure plans for all units of the facility in which hazardous wastes have been disposed of underground.
(b) (1) The secretary shall decide whether or not an exception to the prohibition against underground burial of hazardous waste shall be granted for a particular hazardous waste. No decision to grant an exception shall be rendered unless it is demonstrated to the secretary that, except for underground burial, no economically reasonable or technologically feasible methodology exists for the disposal of a particular hazardous waste. The procedures for obtaining an exception to the prohibition against underground burial of hazardous waste shall include a public hearing conducted in accordance with the provisions of the Kansas administrative procedure act and such other procedures as are established and prescribed by rules and regulations adopted by the secretary. Such rules and regulations shall include requirements for the form and contents of a petition desiring an exception.
(2) Within 90 days after submission of a petition desiring an exception, and if the secretary decides to grant an exception to the prohibition against underground burial of hazardous waste, the secretary of health and environment shall issue an order so providing. Any action by the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1985, ch. 219, § 1; L. 1986, ch. 318, § 107; L. 1988, ch. 356, § 211; L. 2000, ch. 103, § 12; L. 2010, ch. 17, § 151; L. 2014, ch. 26, § 1; July 1.
§ 65-3459 Repealed
History: L. 1986, ch. 225, § 1; Repealed, L. 1989, ch. 199, § 2; March 9.
§ 65-3460 Voluntary local hazardous waste programs; duties of the secretary; rules and regulations; grants; hazardous waste collection fund; reports
(a) The secretary of health and environment may coordinate voluntary hazardous waste collection programs in order to:
(1) Provide for the safe collection and disposal of small quantities of:
(A) Household hazardous waste;
(B) agricultural pesticide wastes; and
(C) hazardous wastes generated by persons who generate less than the amounts specified in K.S.A. 65-3451(a) and (b)(3), and amendments thereto;
(2) educate the public about the dangers posed by hazardous waste; and
(3) encourage local units of government to develop local hazardous waste collection programs either individually or jointly.
(b) The secretary of health and environment may adopt rules and regulations for conducting both hazardous temporary and permanent waste collection programs. The secretary shall supervise the program and ensure that the local unit of government contracts with a bonded waste handling company approved by the secretary for implementation of the program.
(c) The secretary of health and environment may receive moneys for use as grants to help defray the expense of operating hazardous waste collection programs. Any money received to defray the cost of the programs shall be deposited in the state treasury and credited to the hazardous waste collection fund, which is hereby created. Costs and expenses arising from the implementation of this section shall be paid from such fund.
(d) Not later than the first day of each legislative session, the secretary of health and environment shall submit to the speaker of the house of representatives and the president of the senate a report on hazardous waste collection programs carried out under this section during the preceding calendar year.
History: L. 1989, ch. 199, § 1; L. 1995, ch. 221, § 7; L. 2024, ch. 17, § 5; July 1.
§§ 65-3461 through 65-3470 Reserved
§ 65-3471 Definitions
When used in this act, the following words and phrases shall have the following meanings:
(a) "Discharge" means and includes leakage, seepage or other release.
(b) "Hazardous materials" means a substance or material which has been determined by the secretary of the United States department of transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce and which has been so designated.
(c) "Person" means and includes any individual, partnership, corporation, association or other entity.
History: L. 1984, ch. 220, § 1; July 1.
§ 65-3472 Immunity; exceptions
(a) Any person who renders assistance or advice concerning an emergency or accident involving threatened discharge of hazardous materials or the cleanup thereof shall not be liable for any civil damages for any acts or omissions at the scene of the emergency or accident in mitigating or attempting to mitigate the actual or threatened discharge of hazardous materials or cleanup thereof.
(b) The immunity provided in subsection (a) shall not apply to any person (1) whose act or omission caused in whole or in part such actual or threatening discharge and who would otherwise be liable therefor; or (2) who receives compensation other than reimbursement for out-of-pocket expenses for services in rendering such assistance or advice.
(c) Nothing in this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person's gross negligence or from such person's reckless, wanton or intentional misconduct.
History: L. 1984, ch. 220, § 2; July 1.
§§ 65-3473 through 65-3479 Reserved
§ 65-3480 Repealed
History: L. 1986, ch. 226, § 1; L. 1992, ch. 192, § 8; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3481 Repealed
History: L. 1986, ch. 226, § 2; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3482 Repealed
History: L. 1986, ch. 226, § 3; L. 1992, ch. 192, § 9; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3483 Repealed
History: L. 1986, ch. 226, § 4; L. 1989, ch. 118, § 178; L. 1992, ch. 192, § 10; L. 2004, ch. 145, § 25; L. 2012, ch. 47, § 87; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3484 Repealed
History: L. 1986, ch. 226, § 5; L. 1992, ch. 192, § 11; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3485 Repealed
History: L. 1986, ch. 226, § 6; L. 1992, ch. 192, § 12; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3486 Repealed
History: L. 1986, ch. 226, § 7; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3487 Repealed
History: L. 1986, ch. 226, § 8; L. 1992, ch. 192, § 13; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3488 Repealed
History: L. 1986, ch. 226, § 9; L. 2004, ch. 145, § 26; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3489 Repealed
History: L. 1986, ch. 226, § 10; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3490 Repealed
History: L. 1986, ch. 226, § 11; L. 2004, ch. 145, § 27; L. 2010, ch. 17, § 152; Repealed, L. 2014, ch. 112, § 4; July 1.
§ 65-3491 Hazardous waste management fund
(a) There is hereby created in the state treasury the hazardous waste management fund.
(b) Subject to the provisions of subsection (c), moneys credited to the hazardous waste management fund may be expended for the following purposes:
(1) Technical reviews of applications for permits pursuant to K.S.A. 65-3430 through 65-3460, and amendments thereto, including permit modifications and permit renewals for hazardous waste facilities;
(2) evaluating options available for minimizing the generation of hazardous wastes;
(3) completing background investigations of applicants pursuant to subsection (c) of K.S.A. 65-3437 and amendments thereto;
(4) completing site investigations pursuant to subsection (d) of K.S.A. 65-3437 and amendments thereto;
(5) assuring that a permittee pursuant to K.S.A. 65-3430 through 65-3460, and amendments thereto, fulfills all permit conditions during the effective period of the permit; and
(6) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-3430 through 65-3460, and amendments thereto, including the cost of any additional employees or increased operating costs of the department attributable thereto.
(c) Moneys credited to the hazardous waste management fund from fees established pursuant to subsection (v)(1) of K.S.A. 65-3431 and amendments thereto shall be expended only to recover costs associated with the review and processing of the permit application for which the fee was paid.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the hazardous waste management fund interest earnings based on:
(1) The average daily balance of moneys in the hazardous waste management fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the hazardous waste management fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
(f) The hazardous waste management fund shall be used for the purposes set forth in this section and for no other governmental purposes. It is the intent of the legislature that the fund shall remain intact and inviolate for the purposes set forth in this section and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(g) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the hazardous waste perpetual care trust fund and the environmental permit fund, created pursuant to K.S.A. 65-3431 as it existed immediately before the effective date of this act, to the hazardous waste management fund. On the effective date of this act, all liabilities of the hazardous waste perpetual care trust fund and the environmental permit fund are hereby transferred to and imposed upon the hazardous waste management fund. On the effective date of this act, the hazardous waste perpetual care trust fund and the environmental permit fund are hereby abolished.
History: L. 1999, ch. 44, § 3; July 1.
§§ 65-3492 through 65-3499 Reserved
§§ 65-34,100 Kansas storage tank act; statement of legislative findings
The legislature finds that:
(a) Protection of the environment of this state promotes the health and general welfare of the citizens of this state; and
(b) the state's responsibility to promote the public health and welfare requires a comprehensive approach to protect the environment by preventing and remedying the pollution of the state's natural resources and providing funding of the management, conservation and development of those resources.
History: L. 1989, ch. 186, § 1; May 18.
§§ 65-34,101 Same; citation of act
K.S.A. 65-34,101 through 65-34,124 shall be known and may be cited as the Kansas storage tank act.
History: L. 1989, ch. 186, § 2; May 18.
§§ 65-34,102 Definitions
As used in the Kansas storage tank act:
(a) "Aboveground storage tank" means:
(1) Any storage tank in which greater than 90% of the tank volume, including volume of the piping, is not below the surface of the ground; or
(2) any storage tank situated in an underground area, such as a basement, cellar, mine working, drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the floor.
(b) "Aboveground fund" means the aboveground petroleum storage tank release trust fund.
(c) "Department" means the Kansas department of health and environment.
(d) "Facility" means all contiguous land, structures and other appurtenances and improvements on the land used in connection with one or more storage tanks.
(e) "Federal act" means the solid waste disposal act (42 U.S.C. § 3152 et seq., 42 U.S.C. § 6991 et seq., as in effect on January 1, 2012) and rules and regulations adopted pursuant to such federal laws and in effect on January 1, 2012.
(f) "Financial responsibility" means insurance, guarantee, surety bond, letter of credit, qualification as a self-insurer or any other method satisfactory to the secretary to provide for taking corrective action, including cleanup and restoration of any damage to the land, air or waters of the state, and compensating third parties for cleanup, bodily injury or property damage resulting from a sudden or nonsudden release of a regulated substance arising from the construction, relining, ownership or operation of an underground storage tank and in the amount specified in the federal act.
(g) "Guarantor" means any person, other than an owner or operator, who provides evidence of financial responsibility for an owner or operator.
(h) "Operator" means any person in control of or having responsibility for the daily operation of a storage tank, but such term shall not include a person whose only responsibility regarding such storage tank is filling such tank with a regulated substance and who does not dispense or have control of the dispensing of regulated substances from the storage tank.
(i) "Own" means to hold title to or possess an interest in a storage tank or the regulated substance in a storage tank.
(j) (1) "Owner" means any person who: (A) Is or was the owner of any underground storage tank which was in use on November 8, 1984, or brought into use subsequent to that date; (B) in the case of an underground storage tank in use prior to November 8, 1984, owned such tank immediately prior to the discontinuation of its use; (C) is or was the owner of any aboveground storage tank which was in use on July 1, 1992, or brought into use subsequent to that date; or (D) in the case of an aboveground storage tank in use prior to July 1, 1992, owned such tank immediately prior to the discontinuation of its use.
(2) Owner does not include: (A) A person who holds an interest in a petroleum storage tank solely for financial security, unless through foreclosure or other related actions the holder of a security interest has taken possession of the storage tank; and (B) any city or county which obtains a storage tank or regulated substance as a result of tax foreclosure proceedings.
(k) "Person" means an individual, trust, firm, joint venture, consortium, joint-stock company, corporation, partnership, association, state, interstate body, municipality, commission, political subdivision or any agency, board, department or bureau of this state or of any other state or of the United States government.
(l) "Petroleum" means petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure, 60 degrees Fahrenheit and 14.7 pound per square inch absolute, including, but not limited to, gasoline, gasohol, diesel fuel, fuel oils, kerosene and biofuels.
(m) "Petroleum product" means petroleum other than crude oil.
(n) "Petroleum storage tank" means any storage tank used to contain an accumulation of petroleum.
(o) "Regulated substance" means petroleum or any element, compound, mixture, solution or substance defined in section 101(14) of the comprehensive environmental response, compensation and liability act of 1980 of the United States as in effect on January 1, 1989, but not if regulated as a hazardous waste under the resource conservation and recovery act of 1976, 42 U.S.C. §§ 6921 through 6939b, as in effect on January 1, 1989.
(p) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing from a storage tank into groundwater, surface water or soils.
(q) "Removal" means the process of removing or disposing of a storage tank, no longer in service, and also shall mean the process of abandoning such tank, in place.
(r) "Repair" means to restore a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused a release or a suspected release of product from the UST system or has failed to function properly. The term includes modification or correction of a storage tank through such means as relining, replacement of piping, valves, fillpipes, vents and liquid level monitoring systems, and the maintenance and inspection of the efficacy of cathodic protection devices, but the term does not include the process of conducting a tightness test to establish the integrity of a tank.
(s) "Secretary" means the secretary of health and environment.
(t) "Storage tank" means any one or combination of tanks used to contain an accumulation of regulated substances, the associated piping and ancillary equipment and the containment system.
(u) "Tank" means a stationary device designed to contain an accumulation of substances and constructed of non-earthen materials such as concrete, steel or plastic, that provide structural support.
(v) "Terminal" means a bulk storage facility for storing petroleum supplied by pipeline or marine vessel.
(w) "Trade secret" has the same meaning as provided in K.S.A. 60-3320, and amendments thereto.
(x) "Underground storage tank" means any storage tank in which 10% or more of the tank volume, including volume of the piping, is below the surface of the ground. Underground storage tank does not include any storage tank situated in an underground area, such as a basement, cellar, mine working, drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the floor.
(y) "Underground storage tank contractor" or "contractor" means a business which holds itself out as being qualified to install, repair or remove underground storage tanks.
(z) "Underground fund" means the underground petroleum storage tank release trust fund.
(aa) "Underground storage tank installer" or "installer" means an individual who has an ownership interest or exercises a management or supervisory position with an underground storage tank contractor. The term shall include the crew chief, expediter, engineer, supervisor, leadman or foreman in charge of a tank installation project.
(bb) "UST redevelopment fund" means the Kansas UST property redevelopment trust fund.
(cc) "Abandoned underground storage tank" means an underground storage tank that exhibits one or more of the following conditions:
(1) Is not in use for more than three months;
(2) does not have a current tank permit issued by the department; or
(3) has been temporarily closed, in accordance with department guidelines, for more than 12 months.
(dd) "Property owner" means for the purposes of the UST redevelopment fund, a person who owns real property on which an abandoned underground storage tank is located.
(ee) "Installation of a new motor fuel dispenser system" means the installation of a new motor fuel dispenser and the equipment necessary to connect the dispenser to the underground storage tank system, but does not mean the installation of a motor fuel dispenser installed separately from the equipment needed to connect the dispenser to the underground storage tank system.
(ff) "Replaced" means: (1) For a tank, to remove a tank and install another tank; and
(2) for piping, to remove 50% or more of piping and install other piping, excluding connectors, connected to a single tank. For tanks with multiple piping runs, this definition applies independently to each piping run.
(gg) "Secondary containment" or "secondarily contained" means a release prevention and release detection system for a tank or piping. These systems have an inner and outer barrier with an interstitial space that is monitored for a release of regulated substances from the underground storage tank and piping.
(hh) "Safe suction piping" means underground piping that conveys regulated substances under suction, is designed and constructed to operate at less than atmospheric pressure, is sloped so that the contents of the pipe drain back into the storage tank if the suction is released and contains only one check valve in each suction line that is located directly below and as close as practical to the suction pump.
(ii) "Under-dispenser containment" means containment underneath a dispenser system designed to prevent dispenser system leaks from reaching soil or groundwater. The containment must be:
(1) Liquid tight on its sides, bottom and at any penetrations;
(2) compatible with the substance conveyed by the piping; and
(3) allow for visual inspection and access to the components in the containment or be monitored for a release of regulated substances from dispenser and piping.
History: L. 1989, ch. 186, § 3; L. 1992, ch. 311, § 1; L. 1996, ch. 125, § 1; L. 2005, ch. 67, § 9; L. 2006, ch. 50, § 5; L. 2012, ch. 22, § 1; L. 2013, ch. 18, § 2; July 1.
§§ 65-34,103 Exceptions to application of act
Except as provided in K.S.A. 65-34,119, and amendments thereto, the Kansas storage tank act shall not apply to:
(a) Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
(b) tanks used for storing heating oil for consumptive use on a single family residential premise where stored;
(c) a pipeline facility, including gathering lines, regulated under:
(1) U.S.C. 49 chapters 601 and 603 and which is determined by the secretary of transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure, or as an integral part of a pipeline; or
(2) state laws relating to intrastate pipelines comparable to the provisions of law referred to in subsection (c)(1);
(d) surface impoundments, pits, ponds, septic tanks or lagoons;
(e) storm water or waste water collection systems;
(f) flow-through process tanks;
(g) liquid traps, storage tanks or associated gathering lines directly related to oil or gas production and gathering operations;
(h) aboveground storage tanks of agricultural materials regulated by the Kansas department of agriculture;
(i) aboveground storage tanks located at a petroleum refining facility;
(j) pipeline terminals;
(k) aboveground tanks of less than 660 gallons capacity;
(l) storage tanks associated with oil and natural gas production; and
(m) electrical equipment which has as part of its design a storage tank containing one or more regulated substances.
History: L. 1989, ch. 186, § 4; L. 1992, ch. 311, § 2; L. 2004, ch. 101, § 104; L. 2013, ch. 18, § 3; July 1.
§§ 65-34,104 Same; notification to department of tank's existence; form
(a) Each owner of a storage tank shall notify the department of the tank's existence, including age, size, type, location, associated equipment and uses.
(b) In addition and to the extent known, each owner of an underground storage tank which has not been removed, but was taken out of service after January 1, 1974, and prior to May 8, 1986, shall notify the department of the date the tank was taken out of operation, the age of the tank on the date taken out of operation, the capacity, type and location of the tank, and the type and quantity of substances stored in the tank on the date taken out of operation.
(c) Notice shall be made on an approved form provided by the department.
History: L. 1989, ch. 186, § 5; May 18.
§§ 65-34,105 Rules and regulations
(a) The secretary is authorized and directed to adopt rules and regulations necessary to administer and enforce the provisions of this act. Any rules and regulations so adopted shall be reasonably necessary to preserve, protect and maintain the waters and other natural resources of this state, and reasonably necessary to provide for the prompt investigation and cleanup of sites contaminated by a release from a storage tank. In addition, any rules and regulations or portions thereof that pertain to underground storage tanks or the owners and operators thereof shall be adopted for the purpose of enabling the secretary and the department to implement the federal act, and such rules and regulations so adopted shall be consistent with the federal act. Consistent with these purposes, the secretary shall adopt rules and regulations:
(1) Establishing performance standards for underground storage tanks first brought into use on or after May 18, 1989. The performance standards for new underground storage tanks shall include, but are not limited to, design, construction, installation, release detection and product compatibility standards;
(2) establishing performance standards for aboveground storage tanks brought into use after May 18, 1989. The performance standards shall not exceed those performance standards adopted by the administrator of the U.S. environmental protection agency and for new aboveground storage tanks shall include, but are not limited to, design, construction, installation, release detection and product compatibility standards;
(3) establishing performance standards for the inground repair of underground storage tanks. The performance standards shall include, but are not limited to, specifying under what circumstances an underground storage tank may be repaired and specifying design, construction, installation, release detection, product compatibility standards and warranty;
(4) establishing performance standards for maintaining spill and overfill equipment, leak detection systems and comparable systems or methods designed to prevent or identify releases. In addition, the secretary shall establish standards for maintaining records and reporting leak detection monitoring, inventory control and tank testing or comparable systems;
(5) establishing requirements for reporting a release and for reporting and taking corrective action in response to a release;
(6) establishing requirements for maintaining evidence of financial responsibility to be met by owners and operators of underground storage tanks;
(7) establishing requirements for the closure of storage tanks including the removal and disposal of storage tanks and regulated substance residues contained therein to prevent future releases of regulated substances into the environment;
(8) for the approval of tank tightness testing methods, including determination of the qualifications of persons performing or offering to perform such testing;
(9) establishing site selection and cleanup criteria regarding corrective actions related to a release. Such criteria shall address the following: The physical and chemical characteristics of the released substance, including toxicity, persistence and potential for migration; the hydrogeologic characteristics of the release site and the surrounding land; the proximity, quality and current and future uses of groundwater; an exposure assessment; the proximity, quality and current and future use of surface water; and the level of the released substance allowed to remain on the facility following cleanup;
(10) prescribing fees for the following with regard to storage tanks: Registration, issuance of permits, approval of plans for new installations and conducting of inspections. The fees shall be established in such amounts that revenue from such fees does not exceed the amount of revenue required for the purposes provided by K.S.A. 65-34,128(b)*. All fees collected pursuant to this subsection shall be deposited in the storage tank fee fund;
(11) for determining the qualifications, adequacy of performance and financial responsibility of persons desiring to be licensed as underground storage tank installers or contractors. In adopting rules and regulations, the secretary may specify classes of specialized activities, such as the installation of corrosion protection devices or inground relining of underground storage tanks, and may require persons wishing to engage in such activities to demonstrate additional qualifications to perform these services;
(12) prescribing fees for the issuance of licenses to underground storage tank installers and contractors. The fees shall be established in such amounts that revenue from such fees does not exceed the amount of revenue determined by the secretary to be required for administration of the provisions of K.S.A.
65-34,110
and amendments thereto; and
(13) adopting schedules requiring the retrofitting of underground storage tanks in existence on May 18, 1989, and aboveground storage tanks in existence on July 1, 1992, and for the retirement from service of underground storage tanks placed in service prior to May 18, 1989, and aboveground storage tanks placed in service prior to July 1, 1992. Such schedules shall be based on the age and location of the storage tank and the type of substance stored. Such retrofitting shall include secondary containment, corrosion protection, linings, leak detection equipment and spill and overfill equipment.
(b) In adopting rules and regulations under this section, the secretary shall take notice of rules and regulations pertaining to fire prevention and safety adopted by the state fire marshal pursuant to K.S.A. 31-133(a)(1), and amendments thereto.
(c) Nothing in this section shall interfere with the right of a city or county having authority to adopt a building or fire code from imposing requirements more stringent than those adopted by the secretary pursuant to subsections (a)(1), (2), (3), (7) and (13), or affect the exercise of powers by cities, counties and townships regarding the location of storage tanks and the visual compatibility of aboveground storage tanks with surrounding property.
History: L. 1989, ch. 186, § 6; L. 1992, ch. 305, § 1; L. 2021, ch. 3, § 1; July 1.
§§ 65-34,106 Permit to construct, install, modify or operate storage tank
(a) No person shall construct, install, modify or operate a storage tank unless a permit or other approval is obtained from the secretary. Applications for permits shall include proof that the required performance standards will be met and applications for underground storage tank permits shall include evidence of financial responsibility. For purposes of administering this section, any underground storage tank registered with the department on May 18, 1989, and any aboveground storage tank registered with the department on July 1, 1992, shall be deemed to be a permitted storage tank so long as the owner or operator shall comply with all applicable provisions of this act.
(b) Permits may be transferred upon acceptance of the permit obligations by the person who is to assume the ownership or operational responsibility of the storage tank from the previous owner or operator. The department shall furnish a transfer of permit form providing for acceptance of the permit obligations. A transfer of permit form shall be submitted to the department not less than seven days prior to the transfer of ownership or operational responsibility of the storage tank.
(c) The secretary may deny, suspend or revoke any permit issued or authorized pursuant to this act if the secretary finds, after notice and the opportunity for a hearing conducted in accordance with the Kansas administrative procedure act, that the person has:
(1) Fraudulently or deceptively obtained or attempted to obtain a storage tank permit;
(2) failed at any time to maintain a storage tank in accordance with the requirements of this act or any rule and regulation promulgated hereunder;
(3) failed at any time to comply with the requirements of this act or any rule and regulation promulgated hereunder; or
(4) failed at any time to make any retrofit or improvement to a storage tank which is required by this act or any rule and regulation promulgated hereunder.
(d) Any person aggrieved by an order of the secretary may appeal the order in accordance with provisions of the Kansas judicial review act.
History: L. 1989, ch. 186, § 7; L. 1992, ch. 311, § 5; L. 2010, ch. 17, § 153; July 1.
§§ 65-34,107 Same; evidence of financial responsibility required; limitation of liability
(a) Each owner or operator of an underground storage tank shall provide evidence of financial responsibility.
(b) If the owner or operator is in bankruptcy, reorganization or arrangement pursuant to the federal bankruptcy law, or if jurisdiction in any state or federal court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this act may be asserted directly against the guarantor providing the evidence of financial responsibility. In the case of action pursuant to this subsection, the guarantor is entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if any action had been brought against the guarantor by the owner or operator.
(c) The total liability of a guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this section. This subsection does not limit any other state or federal statutory, contractual or common law liability of a guarantor to its owner or operator, including, but limited to, the liability of the guarantor for bad faith in negotiating or in failing to negotiate the settlement of any claim. This subsection does not diminish the liability of any person under section 107 or 111 of the comprehensive environmental response, compensation and liability act of 1980, or other applicable law.
History: L. 1989, ch. 186, § 8; May 18.
§§ 65-34,108 Enforcement of act; duties of owner or operator; records, reports, documents, other information
(a) For the purposes of developing or assisting in the development of any rule and regulation, conducting any study or enforcing the provisions of this act:
(1) It shall be the duty of any owner or operator of a storage tank, upon the request of any duly authorized representative of the secretary made at any reasonable time, to furnish information relating to the storage tank, including tank equipment and contents, to conduct monitoring or testing, to permit such authorized representative to have access to and to copy all records relating to such tank.
(2) Any authorized representative of the secretary is authorized to enter at reasonable times any establishment or place where a storage tank is located, to inspect and obtain samples from any person of any regulated substance contained in such storage tank, and to conduct or require the owner or operator to conduct monitoring or testing of such storage tank, associated equipment, tank contents or surrounding soils, air, surface water or groundwater.
(b) Each inspection shall be commenced and completed with reasonable promptness.
(c) Any records, reports, documents or information obtained from any person under this act shall be available to the public except as provided in this section.
(d) Any person submitting any records, reports, documents or information required by this act, may, upon a showing satisfactory to the secretary, claim any portion of such record, report, document or information confidential as a trade secret. The department shall establish procedures to insure that trade secrets are utilized by the secretary or any authorized representative of the secretary only in connection with the responsibilities of the department pursuant to this act. Trade secrets shall not be otherwise used or disseminated by the secretary or any representative of the secretary without the consent of the person furnishing the information.
(e) Notwithstanding any limitation contained in this section, all information reported to, or otherwise obtained by the department under this act, shall be made available to the administrator of the United States environmental protection agency, or an authorized representative of the administrator, upon written request. In submitting any trade secrets to such administrator or the authorized representative of such administrator, the secretary shall submit the claim of confidentiality to the administrator or authorized representative of the administrator.
History: L. 1989, ch. 186, § 9; L. 1992, ch. 311, § 6; July 1.
§§ 65-34,109 Unlawful acts; penalties
(a) It shall be unlawful for any owner or operator of a storage tank to deposit, store or dispense, or permit any person to deposit, store or dispense, any regulated substance into such storage tank which does not comply with the provisions of this act, the rules and regulations promulgated hereunder, or any order of the secretary.
(b) It shall be unlawful for any person to:
(1) Construct, install, modify or operate a storage tank without any required permit or other written approval from the secretary or otherwise be in violation of the rules and regulations, standards or orders of the secretary;
(2) prevent or hinder a properly identified officer or employee of the department or other authorized agent of the secretary from entering, inspecting or sampling at a facility on which a storage tank is located or from copying records concerning such storage tank as authorized by this act;
(3) knowingly make any false material statement or representation in any application, record, report, permit or other document filed, maintained or used for purposes of compliance with this act;
(4) knowingly destroy, alter or conceal any record required to be maintained by this act or rules and regulations promulgated hereunder;
(5) knowingly allow a release, knowingly fail to report a release or knowingly fail to take corrective action in response to a release of a regulated substance in violation of this act or rules and regulations promulgated hereunder; or
(6) deposit, store or dispense any regulated substance into any storage tank which does not comply with the provisions of this act, or the rules and regulations promulgated hereunder, after written notice by certified mail has been supplied by the secretary that such storage tanks do not comply with the provisions of the act or such rules and regulations.
(c) Any person who violates any provision of subsection (a) or (b) shall be guilty of a class A misdemeanor and, upon conviction thereof, shall be punished as provided by law.
History: L. 1989, ch. 186, § 10; L. 1992, ch. 311, § 7; L. 2003, ch. 12, § 1; July 1.
§§ 65-34,110 Same; licensure of tank installers and contractors; duties of secretary; examinations; inspections; unlawful acts, penalties; qualifications for licensure; reciprocal agreements; validity of license
(a) It shall be unlawful for any person to practice, or hold oneself out as authorized to practice, as an underground storage tank installer or underground storage tank contractor or use other words or letters to indicate such person is a licensed installer or contractor unless the person is licensed in accordance with this section.
(b) The secretary shall:
(1) Develop and administer a written examination to candidates for licensing under the terms of this section. Questions used in the examination shall be derived from standard instructions and recommended practices published by such authorities as the petroleum equipment institute, American petroleum institute, steel tank institute, national association of corrosion engineers, Fiberglass tank and pipe manufacturers institute, national fire protection association, western fire chiefs association and underwriters laboratories. Additional questions shall be derived from state and federal regulations applicable to storage tanks. The secretary shall make available sample questions and related material to qualified candidates to be used as a study guide in preparation for the examination.
(2) Conduct at least one on-site inspection annually, observing procedures used by each licensed underground storage tank contractor for installing, repairing or removing an underground storage tank.
(c) Any person who willfully violates any provision of subsection (a) shall be guilty of a class C misdemeanor and, upon conviction thereof, shall be punished as provided by law.
(d) Prior to 12 months after the effective date of this act, the department shall conduct written examinations, at such times and locations within the state as the department may designate, for the purpose of identifying installers as being qualified to receive an underground tank installer's license. Each underground tank installer's license shall be issued for a period of two years and shall be subject to periodic renewal thereafter under procedures prescribed by the department.
(e) Beginning 18 months after the effective date of this act, no contractor shall engage in the installation, repair or removal of an underground storage tank unless such contractor has been issued a contractor license. Each contractor license shall be issued for a period of two years and shall be subject to periodic renewal thereafter under procedures prescribed by the department.
(f) A contractor must meet the following requirements to qualify for a contractor license:
(1) At least one active officer or executive of the business must possess a valid underground storage tank installer's license.
(2) Any person who manufactures an underground storage tank for use in Kansas, or piping for such tank, or who installs or repairs such tanks or piping, shall maintain evidence of financial responsibility in an amount equal to or greater than $1,000,000 per occurrence and $2,000,000 annual aggregate for the costs of corrective action directly related to releases caused by improper manufacture, installation or repair of such tank or piping.
(3) The requirement in paragraph (2) shall not apply to the installation or repair of a tank or piping performed by the owner or operator of such tank or piping.
(4) Evidence of financial responsibility shall be presented with an application for a contractor license and subsequent renewals of contractor license to the department.
(5) The contractor must state in its license application and agree that at all times on any and all jobs involving the installation, repair or removal of an underground storage tank, an individual who possesses a valid underground storage tank installer's license will be present at the job site not less than 75% of the time during the progress of the work, and that such installer shall exercise responsible supervisory control over the work.
(6) The secretary may promulgate rules and regulations to implement the provisions of this subsection.
(g) The secretary may elect to establish reciprocal arrangements with states having similar licensing requirements and to provide for the licensing in this state of persons who have successfully completed examinations and otherwise qualified for licensure in another state.
(h) A valid interim contractor license or an unexpired contractor license shall be valid in all counties and municipalities throughout the state, and the issuance of either license to a contractor shall serve as authority for the contractor to engage in the installation, repair and removal of underground storage tanks in any jurisdiction within the state without requirement for obtaining additional county or local licenses. However, local jurisdictions may impose more stringent requirements for installation, repair or removal of such tanks than are imposed by state regulations, in which case a contractor shall be required to conduct its operations in the local jurisdiction in conformity with the local requirements.
History: L. 1989, ch. 186, § 11; L. 2007, ch. 34, § 2; L. 2012, ch. 22, § 2; July 1.
§§ 65-34,111 Same; denial, suspension or revocation of license, when
The secretary may deny any license applied for, or suspend or revoke any license issued, pursuant to K.S.A. 65-34,110 if the secretary finds, after notice and the opportunity for a hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant or licensee, whichever is applicable, has:
(a) Fraudulently or deceptively obtained or attempted to obtain a license;
(b) failed at any time to meet the qualifications for a license or to comply with any provision or requirement of this act or of any rule and regulation adopted thereunder; or
(c) failed to comply with local requirements of any jurisdiction within which the licensee has installed, repaired or removed an underground storage tank.
History: L. 1989, ch. 186, § 12; May 18.
§§ 65-34,112 Same; agreements between secretary and local governments or agencies thereof to act as secretary's agent to carry out provisions of act
The secretary and the governing body of any city, county or other political subdivision may enter into agreements authorizing the local fire department, building inspection department, health department, department of environmental control or other municipal, county or local governmental agency, to act as the secretary's agent to carry out the provisions of this act under such terms and conditions as the secretary shall prescribe.
History: L. 1989, ch. 186, § 13; May 18.
§§ 65-34,113 Civil penalties and remedies for violations
(a) Any person who violates any provisions of K.S.A. 65-34,109 or 65-34,110, and amendments thereto, shall incur, in addition to any other penalty provided by law, a civil penalty in an amount of up to $10,000 for every such violation, and in case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) The director of the division of environment, upon a finding that a person has violated any provision of K.S.A. 65-34,109 or 65-34,110, and amendments thereto, may impose a penalty within the limits provided in subsection (a), which penalty shall constitute an actual and substantial economic deterrent to the violation for which it is assessed.
(c) No penalty shall be imposed pursuant to this section except upon the written order of the director of the division of environment to the person who committed the violation. Such order shall state the violation, the penalty to be imposed and the right of such person to appeal to the secretary. Within 15 days after service of the order, any such person may make written request to the secretary for a hearing thereon in accordance with the Kansas administrative procedure act.
(d) Any action of the secretary pursuant to subsection (c), (e)(1) or (e)(2) is subject to review in accordance with the Kansas judicial review act.
(e) Notwithstanding any other provision of this act, the secretary, upon receipt of information that the storage or release of a regulated substance may present a hazard to the health of persons or to the environment, may take such action as the secretary determines to be necessary to protect the health of such persons or the environment. Operating a storage tank without a permit issued pursuant to K.S.A. 65-34,106, and amendments thereto, shall be deemed to constitute such a hazard. The action the secretary may take shall include, but is not limited to:
(1) Issuing an order, subject to review pursuant to the Kansas administrative procedure act, directing the owner or operator of the storage tank, or the custodian of the regulated substance which constitutes such hazard, to take such steps as are necessary to prevent the act, to eliminate the practice which constitutes such hazard, to investigate the extent of and remediate any pollution resulting from the storage or release. Such order may include, with respect to a facility or site, permanent or temporary cessation of operation.
(2) Issuing an order, subject to review pursuant to the Kansas administrative procedure act, directing an owner, tenant or holder of any right of way or easement of any real property affected by a known release from a storage tank to permit entry on to and egress from that property, by officers, employees, agents or contractors of the department or of the person responsible for the regulated substance or the hazard, for the purposes of monitoring the release or to perform such measures to mitigate the release as the secretary shall specify in the order.
(3) Commencing an action to enjoin acts or practices specified in this subsection or requesting the attorney general or appropriate county or district attorney to commence an action to enjoin those acts or practices. Upon a showing that a person has engaged in those acts or practices, a permanent or temporary injunction, restraining order or other order may be granted by any court of competent jurisdiction. An action for injunction under this subsection shall have precedence over other cases in respect to order of trial.
(4) Applying to the appropriate district court for an order of that court directing compliance with the order of the secretary pursuant to the Kansas judicial review act. Failure to obey the court order shall be punishable as contempt of the court issuing the order. The application under this subsection shall have precedence over other cases in respect to order of trial.
(f) In any civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction or permanent injunction is sought it shall be sufficient to show that a violation of the provisions of this act, or the rules and regulations adopted thereunder has occurred or is imminent. It shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction or permanent injunction not be issued or that the remedy at law is inadequate.
History: L. 1989, ch. 186, § 14; L. 1992, ch. 311, § 8; L. 2003, ch. 12, § 2; L. 2010, ch. 17, § 154; July 1.
§§ 65-34,114 Underground petroleum storage tank release trust fund
(a) There is hereby established as a segregated fund in the state treasury the underground petroleum storage tank release trust fund, which shall be a continuation of the petroleum storage tank release trust fund. The underground fund shall be administered by the secretary. Revenue from the following sources shall be deposited in the state treasury and credited to the underground fund:
(1) The applicable proceeds of the environmental assurance fee imposed by this act;
(2) any moneys recovered by the state under the provisions of this act relating to underground storage tanks, including administrative expenses, civil penalties and moneys paid under an agreement, stipulation or settlement;
(3) interest attributable to investment of moneys in the underground fund;
(4) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for the purposes of the underground fund, but excluding federal grants and cooperative agreements; and
(5) amounts transferred to the underground fund by the plan adopted pursuant to K.S.A. 65-34,126, and amendments thereto, as provided by K.S.A. 65-34,126, and amendments thereto.
(b) The underground fund shall be administered so as to assist owners and operators of underground petroleum storage tanks in providing evidence of financial responsibility for corrective action required by a release from any such tank. Moneys deposited in the underground fund may be expended for the purpose of reimbursing owners and operators and such others as provided by this act for the costs of corrective action and for transfers to the plan adopted pursuant to K.S.A. 65-34,126, and amendments thereto, as provided by K.S.A. 65-34,126, and amendments thereto, subject to the conditions and limitations prescribed by this act, but moneys in the underground fund shall not otherwise be used for compensating third parties for bodily injury or property damage caused by a release from an underground petroleum storage tank, other than property damage included in a corrective action plan approved by the secretary. In addition, moneys credited to the underground fund may be expended for the following purposes:
(1) To permit the secretary to take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or potential release from an underground petroleum storage tank;
(2) to permit the secretary to take corrective action where the release or potential release presents an actual or potential threat to human health or the environment, if the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to providing for alternative water supplies;
(3) payment of the state's share of the federal leaking underground storage tank trust fund cleanup costs, as required by the resource conservation and recovery act, 42 U.S.C. § 6991b(h)(7)(B);
(4) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-34,114 through 65-34,124, and amendments thereto, with respect to underground storage tanks, including the cost of any additional employees or increased general operating costs of the department attributable thereto, which costs shall not be payable from any moneys other than those credited to the underground fund;
(5) reimbursement of persons as authorized by subsection (g) of K.S.A. 65-34,119, and amendments thereto;
(6) payment of refunds as authorized by subsection (h) of K.S.A. 65-34,119, and amendments thereto; and
(7) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-34,104 through 65-34,113, and amendments thereto, with respect to underground storage tanks, providing additional enforcement, reporting and operator training required by the energy policy act of 2005, including the cost of any additional employees, contracting or increased general operating costs of the department attributable thereto, which costs shall not be payable from any moneys other than those credited to the underground fund.
(c) The underground fund shall be used for the purposes set forth in this act and for no other governmental purposes. It is the intent of the legislature that the underground fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the underground fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(d) Neither the state of Kansas nor the underground fund shall be liable to an owner or operator for the loss of business, damages or taking of property associated with any corrective or enforcement action taken pursuant to this act.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the underground fund interest earnings based on:
(1) The average daily balance of moneys in the underground fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(f) All expenditures from the underground fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History: L. 1989, ch. 186, § 15; L. 1990, ch. 229, § 1; L. 1992, ch. 305, § 3; L. 1996, ch. 253, § 18; L. 2007, ch. 34, § 3; July 1.
§§ 65-34,114a Repealed
History: L. 1989, ch. 186, § 15; L. 1990, ch. 229, § 1; L. 1992, ch. 272, § 8; Repealed, L. 1996, ch. 251, § 1; Repealed, L. 1996, ch. 253, § 39; May 23.
§§ 65-34,115 Liability for costs of corrective action
Except as otherwise provided in this act, an owner or operator of a petroleum storage tank, or both, shall be liable for all costs of corrective action taken in response to a release from such petroleum storage tank. Eligibility to participate in the underground fund may be submitted as evidence of financial responsibility required of owners and operators of underground petroleum storage tanks.
History: L. 1989, ch. 186, § 16; L. 1992, ch. 311, § 11; July 1.
§§ 65-34,116 Repealed
History: L. 1989, ch. 186, § 17; L. 1992, ch. 311, § 12; Repealed, L. 1996, ch. 125, § 5; July 1.
§§ 65-34,117 Environmental assurance fee; disposition of proceeds
(a) There is hereby established on and after July 1, 1992, an environmental assurance fee of $.01 on each gallon of petroleum product, other than aviation fuel, manufactured in or imported into this state. The environmental assurance fee shall be paid by the manufacturer, importer or distributor first selling, offering for sale, using or delivering petroleum products within this state. The environmental assurance fee shall be paid to the department of revenue at the same time and in the same manner as the inspection fee established pursuant to K.S.A. 55-426, and amendments thereto, is paid. The secretary of revenue shall remit the environmental assurance fees paid hereunder 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 aboveground fund, the underground fund, the UST redevelopment fund or the environmental stewardship fund, as provided by subsection (b). Exchanges of petroleum products on a gallon-for-gallon basis within a terminal and petroleum product which is subsequently exported from this state shall be exempt from this fee.
(b) Moneys collected from the environmental assurance fee imposed by this section shall be credited as follows:
(1) At any time when the unobligated principal balance of the underground fund is equal to $2,000,000 or less, the moneys shall be credited to the underground fund until the unobligated principal balance of the underground fund equals or exceeds $5,000,000.
(2) At any time when the unobligated principal balance of the aboveground fund is equal to $500,000 or less and the moneys are not required to be credited to the underground fund under subsection (b)(1), such moneys shall be credited to the aboveground fund until the unobligated principal balance of the aboveground fund equals or exceeds $1,500,000 or until subsection (b)(1) requires moneys to be credited to the underground fund, whichever occurs first. At any time when the unobligated principal balance of the aboveground fund exceeds $1,500,000, the excess shall be transferred to the underground fund.
(3) At any time when the moneys cease to be credited to the aboveground fund before the unobligated principal balance of the aboveground fund equals or exceeds $1,500,000, such moneys shall again be credited to the aboveground fund when the unobligated principal balance of the underground fund equals or exceeds $5,000,000. Such moneys shall continue to be credited to the aboveground fund until the unobligated principal balance of the aboveground fund equals or exceeds $1,500,000 or until subsection (b)(1) requires moneys to be credited to the underground fund, whichever occurs first.
(4) At any time when subsections (b)(1), (b)(2) and (b)(3) do not require moneys to be credited to either the underground fund or the aboveground fund, the excess shall be transferred to the UST redevelopment fund. If the unobligated principal balance of the UST redevelopment fund is equal to $2,000,000 or less, the moneys shall be credited to the UST redevelopment fund until the unobligated principal balance of the UST redevelopment fund equals or exceeds $5,000,000 or until subsections (b)(1), (b)(2) or (b)(3) require money.
(5) At any time when subsections (b)(1), (b)(2), (b)(3) and (b)(4) do not require moneys to be credited to either the underground fund, the aboveground fund or the UST redevelopment fund, the money shall be credited to the environmental stewardship fund. If the unobligated principal balance of the environmental stewardship fund is equal to $2,000,000 or less, the money shall be credited to the environmental stewardship fund until the unobligated principal balance of the environmental stewardship fund equals or exceeds $5,000,000 or until subsections (b)(1), (b)(2), (b)(3) or (b)(4) require money.
(c) At any time when subsections (b)(1), (b)(2), (b)(3), (b)(4) and (b)(5) do not require moneys to be credited to either the underground fund, the aboveground fund, the UST redevelopment fund or the environmental stewardship fund, no environmental assurance fees shall be levied unless and until such time as the unobligated principal balance in the underground fund is less than or equal to $2,000,000 or the unobligated principal balance in the aboveground fund is less than or equal to $500,000 or the unobligated principal balance in the UST redevelopment fund or environmental stewardship fund is less than or equal to $2,000,000, in which case the collection of the environmental assurance fee will resume within 90 days following the end of the month in which such unobligated balance occurs. If no environmental assurance fees are being levied, the director of accounts and reports shall notify the secretary of revenue whenever the unobligated principal balance in the underground fund is $2,000,000 or the unobligated principal balance in the aboveground fund is $500,000 or the unobligated principal balance in the UST redevelopment fund or environmental stewardship fund is $2,000,000, and the secretary of revenue shall then give notice to each person subject to the environmental assurance fee as to the imposition of the fee and the duration thereof.
The director of accounts and reports shall cause to be published each month, in the second issue of the Kansas register published in such month, the amount of the unobligated principal balances in the underground fund and the aboveground fund on the last day of the preceding calendar month.
(d) Every manufacturer, importer or distributor of any petroleum product liable for the payment of environmental assurance fees as provided in this act, shall report in full and detail before the 25th day of every month to the secretary of revenue, on forms prepared and furnished by the secretary of revenue, and at the time of forwarding such report, shall compute and pay to the secretary of revenue the amount of fees due on all petroleum products subject to such fee during the preceding month.
(e) All fees imposed under the provisions of this section and not paid on or before the 25th day of the month succeeding the calendar month in which such petroleum products were subject to such fee shall be deemed delinquent and shall bear interest at the rate of 1% per month, or fraction thereof, from such due date until paid. In addition thereto, there is hereby imposed upon all amounts of such fees remaining due and unpaid after such due date a penalty in the amount of 5% thereof. Such penalty shall be added to and collected as a part of such fees by the secretary of revenue.
(f) The secretary of revenue is hereby authorized to adopt such rules and regulations as may be necessary to carry out the responsibilities of the secretary of revenue under this section.
History: L. 1989, ch. 186, § 18; L. 1990, ch. 229, § 2; L. 1992, ch. 311, § 13; L. 1996, ch. 61, § 1; L. 2001, ch. 5, § 249; L. 2006, ch. 50, § 6; L. 2012, ch. 22, § 3; L. 2015, ch. 26, § 3; July 1.
§§ 65-34,118 Corrective action; duties of owners and operators; duties of secretary; consent agreement, contents
(a) Whenever the secretary has reason to believe that there is or has been a release into the environment from a petroleum storage tank and has reason to believe that such release poses a danger to human health or the environment, the secretary shall obtain corrective action for such release from the owner or operator, or both, or from any past owner or operator who has contributed to such release. Such corrective action shall be performed in accordance with a plan approved by the secretary. Upon approval of such plan, the owner or operator shall obtain and submit to the secretary at least three bids from persons qualified to perform the corrective action except that, the secretary may waive this requirement upon a showing that the owner or operator has made a good faith effort but has not been able to obtain three bids from qualified bidders.
(b) If the owner or operator is unable or unwilling to perform corrective action as provided for in subsection (a) or no owner or operator can be found, the secretary may undertake appropriate corrective action utilizing funds from the underground fund, if the release was from an underground petroleum storage tank, or from the aboveground fund, if the release was from an aboveground petroleum storage tank. Costs incurred by the secretary in taking a corrective action, including administrative and legal expenses, are recoverable from the owner or operator and may be recovered in a civil action in district court brought by the secretary. Corrective action costs recovered under this section shall be deposited in the underground fund, if the release was from an underground petroleum storage tank, or in the aboveground fund, if the release was from an aboveground petroleum storage tank. Corrective action taken by the secretary under this subsection need not be completed in order to seek recovery of corrective action costs, and an action to recover such costs may be commenced at any stage of a corrective action.
(c) An owner or operator shall be liable for all costs of corrective action incurred by the state of Kansas as a result of a release from a petroleum storage tank, unless the owner or operator, or both, enter into a consent agreement with the secretary in the name of the state within a reasonable period of time. Such time period may be specified by rules and regulations. At a minimum, the owner or operator, or both, must agree that:
(1) The owner or operator shall be liable for the appropriate amounts pursuant to K.S.A. 65-34,119, and amendments thereto;
(2) the state of Kansas and the respective fund are relieved of all liability to an owner or operator for any loss of business, damages and taking of property associated with the corrective action;
(3) the department or its contractors may enter upon the property of the owner or operator, at such time and in such manner as deemed necessary, to monitor and provide oversight for the necessary corrective action to protect human health and the environment;
(4) the owner or operator shall be fully responsible for removal, replacement or retrofitting of petroleum storage tanks and the cost thereof shall not be reimbursable from the respective fund;
(5) the owner or operator shall effectuate corrective action according to a plan approved by the secretary pursuant to subsection (a);
(6) the liability of the state and the respective fund shall not exceed $2,000,000, less the deductible amount, for any release from a petroleum storage tank; and
(7) such other provisions as are deemed appropriate by the secretary to ensure adequate protection of human health and the environment.
(d) For purposes of this act, corrective action costs shall include the actual costs incurred for the following:
(1) Removal of petroleum products from petroleum storage tanks, surface waters, groundwater or soil;
(2) investigation and assessment of contamination caused by a release from a petroleum storage tank;
(3) preparation of corrective action plans approved by the secretary;
(4) removal of contaminated soils;
(5) soil treatment and disposal;
(6) environmental monitoring;
(7) lease, purchase and maintenance of corrective action equipment;
(8) restoration of a private or public potable water supply, where possible, or replacement thereof, if necessary; and
(9) other costs identified by the secretary as necessary for proper investigation, corrective action planning and corrective action activities to meet the requirements of this act.
History: L. 1989, ch. 186, § 19; L. 1992, ch. 311, § 14; L. 2021, ch. 3, § 2; July 1.
§§ 65-34,119 Reimbursement from aboveground and underground funds for corrective actions; conditions
(a) (1) Subject to the provisions of subsection (b), an owner or operator is entitled to reimbursement of reasonable costs of corrective action taken in response to a release from a petroleum storage tank if:
(A) The owner or operator is not the United States government or any of its agencies;
(B) the owner or operator is in substantial compliance, as provided in subsections (e) and (f);
(C) the owner or operator undertakes corrective action, either through personnel of the owner or operator or through response action contractors or subcontractors; and
(D) the corrective action is not in response to a release from an aboveground storage tank described in K.S.A. 65-34,103(g) or (h), and amendments thereto.
(2) If the release is from an underground petroleum storage tank, reimbursement shall be from the underground fund and, if the release is from an aboveground petroleum storage tank, reimbursement shall be from the aboveground fund.
(b) Reimbursement pursuant to subsection (a) is subject to the following provisions:
(1) Except as provided in subsections (g) and (h), the owner or operator shall be liable for the first costs of corrective action taken in response to a release from any petroleum storage tank in an amount equal to $3,000 plus $500 for each such tank owned or operated by the owner or operator at the site of the release or $100,000, whichever is less. The first costs of corrective actions will be waived for any site where petroleum contamination is discovered and reported during the replacement of a single-wall underground storage tank from July 1, 2015, to June 30, 2030, if such single-wall underground storage tank system is replaced with a secondary containment system in accordance with provisions of K.S.A. 65-34,138, and amendments thereto;
(2) the owner or operator shall submit to and receive from the secretary approval of the proposed corrective action plan, together with projected costs of the corrective action;
(3) the secretary may, in the secretary's discretion, determine those costs that are allowable as corrective action costs and those that are attributable or ancillary to removal, replacement or retrofitting of storage tanks;
(4) the owner or operator, or agents thereof, shall keep and preserve suitable records demonstrating compliance with the approved corrective action plan and all invoices and financial records associated with costs for which reimbursement will be requested;
(5) within 30 days of receipt of a complete corrective action plan, or as soon as practicable thereafter, the secretary shall make a determination and provide written notice as to whether the owner or operator responsible for corrective action is eligible or ineligible for reimbursement of corrective action costs and, should the secretary determine the owner or operator is ineligible, the secretary shall include in the written notice an explanation setting forth in detail the reasons for the determination;
(6) the owner or operator shall submit to the secretary a written notice that corrective action has been completed within 30 days of completing corrective action;
(7) no later than 30 days from the submission of the notice as required by subsection (b)(6), the owner or operator must submit an application for reimbursement of corrective action costs in accordance with criteria established by the secretary, and the application for reimbursement must include the total amount of the corrective action costs and the amount of reimbursement sought. In no case shall the total amount of reimbursement exceed the lesser of the actual costs of the corrective action or the amount of the lowest bid submitted pursuant to K.S.A. 65-34,118, and amendments thereto, and approved by the secretary, less the appropriate deductible amount;
(8) interim payments shall be made to an owner or operator in accordance with the plan approved by the secretary pursuant to K.S.A. 65-34,118, and amendments thereto, except that the secretary, for good cause shown, may refuse to make interim payments or withhold the final payment until completion of the corrective action;
(9) the owner or operator shall be fully responsible for removal, replacement or retrofitting of petroleum storage tanks and the cost thereof, and costs attributable or ancillary thereto, shall not be reimbursable from the respective fund;
(10) the owner or operator shall provide evidence satisfactory to the secretary that corrective action costs equal to the appropriate deductible amount have been paid by the owner or operator, and such costs shall not be reimbursed to the owner or operator;
(11) with regard to an underground petroleum storage tank, the owner or operator submits to the secretary proof, satisfactory to the secretary, that: (A) Such owner or operator is unable to satisfy the criteria for self-insurance under the federal act; or (B) such owner or operator is able to satisfy the criteria for self-insurance under the federal act but the release is from an underground petroleum storage tank not located at a facility engaged in production or refining of petroleum;
(12) with regard to an aboveground petroleum storage tank, the owner or operator submits to the secretary proof, satisfactory to the secretary, that the release is from an aboveground petroleum storage tank not located at a facility engaged in production or refining of petroleum; and
(13) the owner or operator shall be liable for all costs that are paid by or for which the owner or operator is entitled to reimbursement from insurance coverage, warranty coverage or any other source.
(c) For the purpose of determining an owner's or operator's eligibility for reimbursement and the applicable deductible of such owner or operator, the secretary shall consider all owners and operators owned or controlled by the same interests to be a single owner or operator, except that each state agency to which moneys are appropriated shall be considered individually as an owner or operator for such purpose.
(d) Notwithstanding the provisions of K.S.A. 65-34,118(c), and amendments thereto, should the secretary find that any of the following situations exist, any or all owners or operators shall, in the discretion of the secretary, be liable for 100% of costs associated with corrective action necessary to protect health or the environment, if:
(1) The release was due to willful or wanton actions by the owner or operator;
(2) the owner or operator is in arrears for moneys owed, other than environmental assurance fees, to either the underground fund or the aboveground fund;
(3) the release was from a tank not registered with the department;
(4) the owner or operator fails to comply with any provision of the agreement specified in K.S.A. 65-34,118(c), and amendments thereto;
(5) the owner or operator moves in any way to obstruct the efforts of the department or its contractors to investigate the presence or effects of a release or to effectuate corrective action;
(6) the owner or operator is not in substantial compliance with any provision of this act or rules and regulations promulgated hereunder; or
(7) the owner or operator allowed, failed to report or failed to take corrective action in response to such release, knowing or having reason to know of such release.
(e) Except as otherwise provided in subsections (f) and (g), an owner or operator is in substantial compliance with this act and the rules and regulations adopted hereunder, if:
(1) Each petroleum storage tank owned or operated by such owner or operator has been registered with the secretary, in accordance with the applicable laws of this state and any rules and regulations adopted thereunder;
(2) the owner or operator has entered into an agreement with the secretary, as provided in K.S.A. 65-34,118(c), and amendments thereto;
(3) the owner or operator has complied with any applicable financial responsibility requirements imposed by the Kansas storage tank act and the rules and regulations adopted thereunder; and
(4) the owner or operator has otherwise made a good faith effort to comply with the federal act if applicable, this act, any other law of this state regulating petroleum storage tanks and all applicable rules and regulations adopted under any of them.
(f) An owner or operator shall be deemed to be in substantial compliance with this act with respect to the following tanks if such owner or operator has notified the department, on forms provided by the department, of the tank's existence, including age, size, type, location, associated equipment and uses:
(1) Any farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
(2) any aboveground tank of less than 660 gallons capacity; and
(3) any tank used for storing heating oil for consumptive use on the single family residential premise where stored.
(g) (1) Except as provided by paragraph (2), a person who owns property where a petroleum storage tank is located shall not be required to register such tank to be eligible for reimbursement from the respective fund of all costs of any necessary corrective action taken in response to a release from such tank and shall not be subject to the provisions of subsection (b)(1) if such person has at no time placed petroleum in such tank or withdrawn petroleum from such tank and such person:
(A) Submitted a corrective action plan prior to July 1, 1990, with respect to an underground petroleum storage tank, or prior to July 1, 1993, with respect to an aboveground petroleum storage tank;
(B) acquired such tank before December 22, 1988; or
(C) acquired such tank by intestate succession or testamentary disposition.
(2) A person shall not be eligible for reimbursement under paragraph (1) unless the owner or operator of the tank is unable or unwilling to perform corrective action or cannot be found, in which case the secretary may recover all reimbursement paid, and any related administrative and legal expenses, from the owner or operator as provided by K.S.A. 65-34,118(b), and amendments thereto.
(h) An owner or operator shall be entitled, upon written notification to the secretary, to elect between the deductible provided by this section before July 1, 1992, and the deductible provided by this section on and after July 1, 1992, with respect to costs of corrective action taken on or after April 1, 1990, if such owner or operator has applied before July 1, 1992, for reimbursement of such costs from the respective fund. If an owner or operator or former owner or operator has paid a deductible that is greater than the deductible provided by this section on and after July 1, 1992, such owner or operator or former owner or operator may apply to the secretary for a refund of the difference in such deductibles. If the owner or operator or former owner or operator has died or no longer exists, no such refund shall be paid.
History: L. 1989, ch. 186, § 20; L. 1990, ch. 229, § 3; L. 1992, ch. 311, § 15; L. 2015, ch. 26, § 4; L. 2021, ch. 3, § 3; July 1.
§§ 65-34,119a Retroactive reimbursement from underground fund
(a) An owner or operator shall be entitled to reimbursement from the underground fund for the costs of corrective action taken on or after April 1, 1990, in response to a release from an underground petroleum storage tank which was discovered on or after December 22, 1988, to the extent that such owner or operator would be entitled to reimbursement if the release had been discovered on or after April 1, 1990, including application of all applicable deductibles and conditions of reimbursement imposed by K.S.A. 65-34,119 and amendments thereto.
(b) This section shall be part of and supplemental to the Kansas storage tank act.
History: L. 1990, ch. 229, § 4; L. 1992, ch. 311, § 17; July 1.
§§ 65-34,120 Liability of state and its officers and employees limited; fund liability limits
(a) Nothing in this act shall establish or create any liability or responsibility on the part of the secretary, the department or its agents or employees or the state of Kansas to pay any corrective action costs from any source other than the respective fund created by this act.
(b) In no event shall the underground fund be liable for the payment of corrective action costs in an amount in excess of the following, less any applicable deductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from an underground petroleum storage tank, $2,000,000;
(2) for an owner or operator of 100 or fewer underground petroleum storage tanks, an annual aggregate of $1,000,000; and
(3) for an owner or operator of more than 100 underground petroleum storage tanks, an annual aggregate of $2,000,000.
(c) In no event shall the aboveground fund be liable for the payment of corrective action costs in an amount in excess of the following, less the deductible amounts of the owner or operator:
(1) For costs incurred in response to any one release from an aboveground petroleum storage tank, $2,000,000;
(2) for an owner or operator of 100 or fewer aboveground petroleum storage tanks, an annual aggregate of $1,000,000; and
(3) for an owner or operator of more than 100 aboveground petroleum storage tanks, an annual aggregate of $2,000,000.
(d) This act is intended to assist an owner or operator only to the extent provided for in this act, and it is in no way intended to relieve the owner or operator of any liability that cannot be satisfied by the provisions of this act.
(e) Neither the secretary nor the state of Kansas shall have any liability or responsibility to make any payments for corrective action if the respective fund created herein is insufficient to do so. In the event the respective fund is insufficient to make the payments at the time the claim is filed, such claims shall be paid in the order of filing at such time as moneys are paid into the respective fund.
(f) No common-law liability, and no statutory liability that is provided in a statute other than in this act, for damages resulting from a release from a petroleum storage tank is affected by this act. The authority, power and remedies provided in this act are in addition to any authority, power or remedy provided in any statute other than a section of this act or provided at common law.
(g) If a person conducts a corrective action activity in response to a release from a petroleum storage tank, whether or not the person files a claim against the respective fund under this act, the claim and corrective action activity conducted are not evidence of liability or an admission of liability for any potential or actual environmental pollution or third-party claim.
History: L. 1989, ch. 186, § 21; L. 1990, ch. 229, § 6; L. 1992, ch. 311, § 18; L. 1996, ch. 125, § 2; L. 2021, ch. 3, § 4; July 1.
§§ 65-34,121 Annual report to governor and legislature
On or before the first day of the regular session of the legislature in each year, the secretary shall prepare and submit a report to the governor and to the chairperson, vice-chairperson and ranking minority member of the standing committees on energy and natural resources of the house of representatives and the senate regarding the receipts and disbursements from the underground fund and the aboveground fund during the preceding fiscal year, indicating the extent of the corrective action taken under this act.
History: L. 1989, ch. 186, § 22; L. 1992, ch. 311, § 19; L. 1996, ch. 125, § 3; July 1.
§§ 65-34,122 Same; appeals from orders or decisions of secretary, procedure
(a) Any person adversely affected by any order or decision of the secretary may, within 15 days of service of the order or decision, request in writing a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Any person adversely affected by any action of the secretary pursuant to this act may obtain review of such action in accordance with the Kansas judicial review act.
History: L. 1989, ch. 186, § 23; L. 2010, ch. 17, § 155; July 1.
§§ 65-34,123 Abolishment of the underground fund and the aboveground fund
The underground fund and the aboveground fund shall be and are hereby abolished on July 1, 2034.
History: L. 1989, ch. 186, § 24; L. 1992, ch. 311, § 20; L. 1993, ch. 56, § 1; L. 1996, ch. 125, § 4; L. 2001, ch. 143, § 1; L. 2012, ch. 22, § 4; L. 2021, ch. 3, § 5; July 1.
§§ 65-34,124 Same; effective date of K.S.A. 65-34,114 through 65-34,123
The provisions of K.S.A. 65-34,114 through 65-34,123 shall take effect and be in force on and after April 1, 1990.
History: L. 1989, ch. 186, § 25; May 18.
§§ 65-34,125 Severability
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History: L. 1989, ch. 186, § 36; May 18.
§§ 65-34,126 Third party liability insurance plan
(a) The commissioner of insurance shall adopt and implement a plan for applicants for insurance who are in good faith entitled to insurance necessary to achieve compliance with the financial responsibility requirements for third-party liability imposed by 40 C.F.R. part 280, subpart H, and part 281 adopted by the federal environmental protection agency. Insurers undertaking to transact the kinds of insurance specified in subsection (b) or (c) of K.S.A. 40-1102 and amendments thereto and rating organizations which file rates for such insurance shall cooperate in the preparation and submission to the commissioner of insurance of a plan or plans for the insurance specified in this section. Such plan shall provide:
(1) Insurance necessary to achieve compliance with the financial responsibility requirements for third-party liability imposed by 40 C.F.R. part 280, subpart H, and part 281;
(2) for the appointment by the plan of a servicing carrier which shall be: (A) An insurance company authorized to transact business in this state; (B) an insurance company which is listed with the commissioner pursuant to K.S.A. 40-246e and amendments thereto; or (C) a risk retention group, as defined by K.S.A. 40-4101 and amendments thereto, which meets the requirements established under the federal liability risk retention act of 1986 (15 U.S.C. 3901 et seq.) and has registered with the commissioner pursuant to K.S.A. 40-4103 and amendments thereto;
(3) reasonable rules governing the plan, including provisions requiring, at the request of the applicant, an immediate assumption of the risk by an insurer or insurers upon completion of an application, payment of the specified premium and deposit of the application and the premium in the United States mail, postage prepaid and addressed to the plan's office;
(4) rates and rate modifications applicable to such risks, which rates shall be established as provided by subsection (b);
(5) the limits of liability which the insurer shall be required to assume;
(6) coverage for only underground storage tanks located within this state;
(7) coverage for at least 12 months from the date of the original application with respect to any underground storage tank which has been installed for less than 10 years, and may provide such coverage with respect to any such tank which has been installed 10 or more years, without requiring tank integrity tests, soil tests or other tests for insurability if, within six months immediately preceding application for insurance, the tank has been made to comply with all provisions of federal and state law, and all applicable rules and regulations adopted pursuant thereto, but the plan may provide for renewal or continuation of such coverage to be contingent upon satisfactory evidence that the tank or tanks to be insured continue to be in compliance with such laws and rules and regulations;
(8) exclusion from coverage of any damages for noneconomic loss and any damages resulting from intentional acts of the insured or agents of the insured;
(9) to the extent allowed by law, subrogation of the insurer to all rights of recovery from other sources for damages covered by the plan or plans;
(10) an optional deductible of the first $2,500, $5,000 or $10,000 of liability per occurrence at any one location for compensation of third parties for bodily injury and property damage caused by either gradual or sudden and accidental releases from underground petroleum storage tanks, but no such deductible shall apply to reasonable and necessary attorney fees and other reasonable and necessary expenses incurred in defending a claim for such compensation;
(11) coverage only of claims for occurrences that commenced during the term of the policy and that are discovered and reported to the insurer during the policy period or within six months after the effective date of the cancellation or termination of the policy;
(12) a method whereby applicants for insurance, insureds and insurers may have a hearing on grievances and the right of appeal to the commissioner;
(13) a method whereby adequate reserves are established for open claims and claims incurred but not reported based on advice from an independent actuary retained by the plan at least annually, the cost of which shall be borne by the plan;
(14) a method whereby the plan shall compare the premiums earned to the losses and expenses sustained by the plan for the preceding fiscal year and if, for that year: (A) There is any excess of losses and expenses over premiums earned, plus amounts transferred pursuant to subsection (a)(15), an amount equal to such excess losses and expenses shall be transferred from the underground fund established by K.S.A. 65-34,114 and amendments thereto to the plan; or (B) there is any surplus of premiums earned, plus amounts transferred pursuant to subsection (a)(15), over losses, including loss reserves, and expenses sustained, ½ of such surplus shall be transferred to such fund from the plan and the remaining ½ of such surplus shall be refunded from the plan to the insureds in proportion to the amount each paid into the plan during the preceding fiscal year; and
(15) a method whereby, during any fiscal year, whenever the losses and expenses sustained by the plan exceed premiums earned, an amount equal to the excess of losses and expenses shall be transferred from the underground fund established by K.S.A. 65-34,114 and amendments thereto to the plan upon receipt by the secretary of health and environment of evidence, satisfactory to the secretary, of the amount of the excess losses and expenses.
(b) The commissioner of insurance shall establish rates, effective January 1 of each year, for coverage provided under the plan adopted pursuant to this section. Such rates shall be reasonable, adequate and not unfairly discriminatory. Such rates shall be based on loss and expense experience developed by risks insured by the plan and shall be in an amount deemed sufficient by the commissioner to fund anticipated claims based upon reasonably prudent actuarial principles, except that:
(1) Due consideration shall be given to the loss and expense experience developed by similar plans operating or trust funds offering third party liability coverage in other states and the voluntary market; and
(2) before January 1, 1992, the annual rate shall be not more than $500 for each tank for which coverage is provided under the plan with selection of a $10,000 deductible.
In establishing rates pursuant to this subsection, the commissioner shall establish, as appropriate, lower rates for tanks complying with all federal standards, including design, construction, installation, operation and release detection standards, with which such tanks are or will be required to comply by 40 C.F.R. part 280 as in effect on the effective date of this act.
(c) The commissioner of insurance shall appoint a governing board for the plan. The governing board shall meet at least annually to review and prescribe operating rules of the plan. Such board shall consist of five members appointed as follows: One representing domestic or foreign insurance companies, one representing independent insurance agents, one representing underground storage tank owners and operators and two representing the general public. No member representing the general public shall be, or be affiliated with, an insurance company, independent insurance agent or underground storage tank operator. Members shall be appointed for terms of three years, except that the initial appointment shall include two members appointed for two-year terms and one member appointed for a one-year term, as designated by the commissioner.
(d) Before adoption of a plan pursuant to this section, the commissioner of insurance shall hold a hearing thereon.
(e) An insurer participating in the plan adopted by the commissioner of insurance pursuant to this section may pay a commission with respect to insurance assigned under the plan to an agent licensed for any other insurer participating in the plan or to any insurer participating in the plan.
(f) The commissioner of insurance may adopt such rules and regulations as necessary to administer the provisions of this section.
(g) The department of health and environment and the plan shall provide to each other such information as necessary to implement and administer the provisions of this section. Any such information which is confidential while in the possession of the department or plan shall remain confidential after being provided to the other pursuant to this subsection.
(h) This section shall be part of and supplemental to the Kansas storage tank act.
History: L. 1990, ch. 229, § 5; L. 1992, ch. 311, § 21; L. 2001, ch. 143, § 2; July 1.
§§ 65-34,127 Severability
If any provisions of this act or the application thereof to any person or circumstances is held invalid the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application and to this end the provisions of this act are severable.
History: L. 1990, ch. 229, § 7; May 17.
§§ 65-34,128 Storage tank fee fund
(a) There is hereby established as a segregated fund in the state treasury the storage tank fee fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Moneys collected from fees for registration of storage tanks, issuance of storage tank permits, approval of plans for new storage tank installations and conducting of storage tank inspections;
(2) any moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for the purposes of the fund; and
(3) interest attributable to investment of moneys in the fund.
(b) Moneys in the storage tank fee fund shall be expended only for:
(1) Enforcement of storage tank performance standards and registration requirements;
(2) programs intended to prevent releases from storage tanks; and
(3) administration of the provisions of the Kansas storage tank act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the storage tank fee fund interest earnings based on:
(1) The average daily balance of moneys in the storage tank fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the storage tank fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
(e) This section shall be a part of and supplemental to the Kansas storage tank act.
History: L. 1992, ch. 311, § 4; L. 1992, ch. 305, § 2; L. 1996, ch. 253, § 19; L. 2021, ch. 3, § 6; July 1.
§§ 65-34,129 Aboveground petroleum storage tank release trust fund
(a) There is hereby established as a segregated fund in the state treasury the aboveground petroleum storage tank release trust fund, to be administered by the secretary. Revenue from the following sources shall be deposited in the state treasury and credited to the aboveground fund:
(1) The applicable proceeds of the environmental assurance fee imposed by this act;
(2) any moneys recovered by the state under the provisions of this act relating to aboveground storage tanks, including administrative expenses, civil penalties and moneys paid under an agreement, stipulation or settlement;
(3) interest attributable to investment of moneys in the aboveground fund; and
(4) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for the purposes of the aboveground fund, but excluding federal grants and cooperative agreements.
(b) Moneys deposited in the aboveground fund may be expended for the purpose of reimbursing owners and operators and such others as provided by this act for the costs of corrective action subject to the conditions and limitations prescribed by this act, but moneys in the aboveground fund shall not otherwise be used for compensating third parties for bodily injury or property damage caused by a release from an aboveground petroleum storage tank, other than property damage included in a corrective action plan approved by the secretary. In addition, moneys credited to the aboveground fund may be expended for the following purposes:
(1) To permit the secretary to take whatever emergency action is necessary or appropriate to assure that the public health or safety is not threatened whenever there is a release or potential release from an aboveground petroleum storage tank;
(2) to permit the secretary to take corrective action where the release or potential release presents an actual or potential threat to human health or the environment, if the owner or operator has not been identified or is unable or unwilling to perform corrective action, including but not limited to providing for alternative water supplies;
(3) payment of the administrative, technical and legal costs incurred by the secretary in carrying out the provisions of K.S.A. 65-34,114 through 65-34,124, and amendments thereto, with respect to aboveground storage tanks, including the cost of any additional employees or increased general operating costs of the department attributable thereto, which costs shall not be payable from any moneys other than those credited to the aboveground fund; and
(4) reimbursement of persons as authorized by subsection (g) of K.S.A. 65-34,119 and amendments thereto.
(c) The aboveground fund shall be used for the purposes set forth in this act and for no other governmental purposes. It is the intent of the legislature that the aboveground fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the aboveground fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(d) Neither the state of Kansas nor the aboveground fund shall be liable to an owner or operator for the loss of business, damages or taking of property associated with any corrective or enforcement action taken pursuant to this act.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the aboveground fund interest earnings based on:
(1) The average daily balance of moneys in the aboveground fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(f) All expenditures from the aboveground fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
(g) This section shall be part of and supplemental to the Kansas storage tank act.
History: L. 1992, ch. 311, § 10; L. 1992, ch. 305, § 4; L. 1996, ch. 253, § 20; May 23.
§§ 65-34,130 Repealed
History: L. 1992, ch. 311, § 16; Repealed, L. 2024, ch. 4, § 2; July 1.
§§ 65-34,131 UST redevelopment fund; expenditures
(a) There is hereby established as a segregated fund in the state treasury the Kansas essential fuels supply trust fund. The Kansas essential fuels supply trust fund is hereby redesignated as the UST redevelopment fund. The UST redevelopment fund shall be administered by the secretary. Revenue from the following sources shall be deposited in the state treasury and credited to the UST redevelopment fund:
(1) The applicable proceeds of the environmental assurance fee imposed by K.S.A. 65-34,117, and amendments thereto; and
(2) interest attributable to investment of moneys in the UST redevelopment fund.
(b) The funds credited to the UST redevelopment fund may be expended to:
(1) Reimburse an eligible property owner in accordance with the provisions of K.S.A. 65-34,132, and amendments thereto, for allowable expenses for permanent closure of an abandoned underground storage tank;
(2) permit the secretary to conduct activities to permanently close an abandoned underground storage tank, if the underground storage tank owner or operator has not been identified or is unable or unwilling to perform permanent closure of the underground storage tank;
(3) reimburse an eligible owner of an underground storage tank in accordance with the provisions of K.S.A. 65-34,139, and amendments thereto, for allowable expenses for replacement and installation of all components of a single-wall underground storage tank system with a secondary containment system that complies with K.S.A. 65-34,138, and amendments thereto; or
(4) pay the administrative technical and legal costs incurred by the secretary in carrying out the provisions of this section and K.S.A. 65-34,132, and amendments thereto, including the cost of any additional employees or increased general operating costs of the department attributable thereto, which costs shall not be payable from any moneys other than those credited to the UST redevelopment fund.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the above UST redevelopment fund interest earnings based on:
(1) The average daily balance of moneys in the UST redevelopment fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the above UST redevelopment fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
(e) This section shall be part of and supplemental to the Kansas storage tank act.
History: L. 2006, ch. 50, § 1; L. 2012, ch. 22, § 5; L. 2015, ch. 26, § 5; July 1.
§§ 65-34,132 UST redevelopment fund; reimbursement
(a) The secretary may provide for the reimbursement to eligible property owners in accordance with the provisions of this section and subject to the availability of moneys in the UST redevelopment fund. A property owner shall be eligible for reimbursement under this section, if such property owner has been approved by the secretary and:
(1) The property owner has never placed petroleum in the underground storage tank or withdrawn petroleum from the underground storage tank;
(2) the property owner is not the United States government or any of its agencies;
(3) the property owner is in substantial compliance with the Kansas storage tank act;
(4) the property owner provides 30-day notice and access to the department to perform an environmental assessment of the site during the underground storage tank removal; and
(5) if petroleum contamination is discovered during the environmental assessment of this site, the property owner applies to the underground fund to perform corrective action to address the contamination.
(b) A property owner shall not be eligible for reimbursement unless the underground storage tank owner or operator is unable or unwilling to perform corrective action or cannot be found. In such case the secretary may recover all reimbursement paid and any related administrative and legal expenses, from the underground storage tank owner or operator.
(c) Reimbursement pursuant to subsection (a) is subject to the following:
(1) The property owner must submit an application for reimbursement on forms supplied by the department and receive approval from the secretary of the proposed underground storage tank removal plan;
(2) upon approval of such plan, the property owner shall obtain and submit to the secretary at least three bids from persons qualified to perform the underground storage tank removal except that, the secretary may waive this requirement upon a showing that the property owner has made a good faith effort, but has not been able to obtain three bids from qualified bidders.
(3) The secretary may, in the secretary's discretion, determine those costs which are allowable as underground storage tank removal costs.
(d) The secretary may reimburse the property owner for permanent closure expenses, in the amount specified in subsection (e), if all of the following criteria are met:
(1) The underground storage tank facility was registered with the department on or after May 1, 1981;
(2) the underground storage tank contained petroleum products; and
(3) a deed restriction was placed on the property prohibiting the installation of underground storage tanks for the 10 years following the date of the underground storage tank removal. As a condition for reimbursement, the applicant must provide a notarized copy of the recorded deed restriction for the property with the seal of the register of deeds to the department.
(e) Only expenses for activities reasonable and necessary to permanently close [an] underground storage tank facility are eligible for reimbursement. Reasonable and necessary activities eligible for reimbursement include, but are not limited to, the following:
(A) Removal of the tank and piping system;
(B) cleaning and disposal of tanks; and
(C) disposal of waste petroleum and other waste material including concrete.
(f) Applications for reimbursement must be made on forms supplied by the department. Applications for reimbursement must include documentation of the facility upgrade or permanent closure activities and expense. Proof of payment of all expenses for which reimbursement is requested must be provided. The department will review those expenses based on current industry costs and provide reimbursement of reasonable and necessary costs. The department shall reimburse an applicant for 90% of the approved cost of the facility upgrade or permanent closure not to exceed $25,000 per facility. Disputes regarding application approval, reimbursement rates or reimbursement amounts will be referred to the UST redevelopment fund compensation advisory board.
(g) The secretary may adopt such rules and regulations deemed necessary to carry out the provisions of this section.
(h) The provisions of this section shall be part of and supplemental to the Kansas storage tank act.
History: L. 2006, ch. 50, § 2; L. 2007, ch. 34, § 4; L. 2007, ch. 180, § 16; L. 2012, ch. 22, § 6; July 1.
§§ 65-34,133 UST redevelopment fund compensation advisory board
(a) There is hereby established the UST redevelopment fund compensation advisory board composed of five members, including the state fire marshal or the state fire marshal's designee, the director of the division of environment of the department or designee, two representatives from the petroleum industry, at least one of which shall be a petroleum marketer and one representative from the petroleum equipment installation industry. The governor shall appoint the appointive members of the board, and the members so appointed shall serve for terms of the duration of [the] UST redevelopment fund. The governor also shall designate a member of the board as its chair, to serve in such capacity at the pleasure of the governor. The secretary shall provide staff to support the activities of the board.
(b) Appointed members of the board attending meetings of such board, or attending a subcommittee meeting thereof, when authorized by such board, shall receive the amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
(c) The board shall provide advice and counsel and make recommendations to the secretary regarding disputes over the disbursement of moneys from the UST redevelopment fund.
History: L. 2006, ch. 50, § 3; L. 2012, ch. 22, § 7; July 1.
§§ 65-34,134 Abolishment of UST redevelopment fund and compensation advisory board
The UST redevelopment fund compensation advisory board and the UST redevelopment fund shall be and are hereby abolished on July 1, 2032. At the time of such abolishment, remaining funds shall be deposited in the underground fund.
History: L. 2006, ch. 50, § 4; L. 2007, ch. 34, § 5; L. 2012, ch. 22, § 8; L. 2021, ch. 3, § 7; July 1.
§§ 65-34,135 Underground storage tank operators, training program; requirements
(a) Operators of underground storage tanks shall complete a training program commensurate with their responsibility for the operation of underground storage tanks. The training program shall be approved by the department and encompass three levels of training:
(1) Persons having primary responsibility for on-site operation and maintenance of underground storage tank systems;
(2) persons having daily on-site responsibility for the operation and maintenance of underground storage tank systems;
(3) daily, on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system.
(b) Storage tank operators shall demonstrate that they have completed the training required by the department in order to obtain or renew a permit for the operation of underground storage tanks.
(c) Operators of underground storage tanks shall repeat the applicable training if the tank for which they have primary daily on-site management responsibilities is determined to be out of compliance with a requirement or a standard of the department.
(d) This section shall be a part of and supplemental to the Kansas storage tank act.
History: L. 2007, ch. 34, § 1; L. 2024, ch. 4, § 1; July 1.
§§ 65-34,136 Non-fuel flammable or combustible liquid aboveground storage tanks; duties of state fire marshal; civil penalties; annual report; rules and regulations
(a) As used in this section:
(1) "Facility" means all buildings, equipment, structures, tanks and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person or by any person which controls, is controlled by or under common control with such person, upon which one or more non-fuel flammable or combustible liquid aboveground storage tank system or systems is located, with bulk storage stations and terminals having a bulk storage total capacity of 10,000 gallons or more of flammable or combustible liquids.
(2) "Non-fuel flammable or combustible liquid" means flammable or combustible liquids not used for fuel including, but not limited to, solvents. "Non-fuel flammable or combustible liquid" shall not include the following compounds: New and used motor oil, transmission fluid, hydraulic oil, grease and lube oil; asphalt; asphalt emulsion; road oil; crude oil; mineral oil; processed fat; food grade oil; vegetable oil; and ethylene glycol.
(3) "Non-fuel flammable or combustible liquid aboveground storage tank system" means an aboveground storage tank system that contains non-fuel flammable or combustible liquids.
(b) (1) On or before July 1, 2009, the state fire marshal shall conduct an on-site inspection of each facility in existence on the effective date of this section to determine compliance with all standards concerning flammable and combustible liquids contained in national fire protection association pamphlet no. 30, 2008 edition, and all rules and regulations concerning aboveground storage tanks.
(2) If the state fire marshal determines that a facility is in compliance with such standards, rules and regulations, the state fire marshal shall conduct an on-site inspection of the facility at least once every three years thereafter to determine continued compliance with such standards, rules and regulations.
(3) If the state fire marshal determines that a facility is not in compliance with such standards, rules and regulations, the facility shall make all changes necessary to comply with such standards, rules and regulations as soon as practicable, but no later than July 1, 2012. Upon notification of compliance by the facility, but no later than July 1, 2012, the state fire marshal shall conduct an on-site inspection of the facility to determine compliance. Upon determination of compliance, the state fire marshal shall conduct an on-site inspection of the facility at least once every three years thereafter to determine continued compliance with such standards, rules and regulations.
(c) (1) An application and plan for design, construction, major modification and installation of all non-fuel flammable or combustible liquid aboveground storage tank facilities after the effective date of this section shall be submitted to the state fire marshal. Construction, major modification and installation of such facilities shall not commence until such application and plan is reviewed and approved by the state fire marshal in accordance with rules and regulations.
(2) The state fire marshal shall approve or deny such submitted applications and plans within 20 business days upon receipt of all necessary documentation as provided for in rules and regulations. If the state fire marshal requests additional information from the applicant, the state fire marshal shall have an additional 20 business days from the day of receipt of such information to approve or deny the submitted application and plan.
(3) The state fire marshal shall conduct an on-site inspection of each facility constructed after the effective date of this section, before such facility begins operation, to determine compliance with all standards concerning flammable and combustible liquids contained in national fire protection association pamphlet no. 30, 2008 edition, and all rules and regulations concerning aboveground storage tanks. Such facility shall not begin operation until the state fire marshal makes a determination of compliance. Upon determination of compliance, the state fire marshal shall conduct an on-site inspection of the facility at least once every three years thereafter to determine continued compliance with such standards, rules and regulations.
(d) On and after July 1, 2012, if the state fire marshal determines that a facility is not in compliance with all standards concerning flammable and combustible liquids contained in national fire protection association pamphlet no. 30, 2008 edition, and all rules and regulations concerning aboveground storage tanks, such facility shall be subject to a fine of $100 per tank every 30 days until the state fire marshal makes a determination of compliance. 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 non-fuel flammable or combustible liquid aboveground storage tank system fund.
(e) The state fire marshal shall report annually to the senate standing committee on natural resources and the house of representatives standing committee on agriculture and natural resources regarding inspections and compliance pursuant to this section.
(f) On or before September 1, 2008, the state fire marshal shall adopt rules and regulations necessary to administer and enforce the provisions of this section. Such rules and regulations shall include adoption of all standards concerning flammable and combustible liquids contained in national fire protection association pamphlet no. 30, 2008 edition.
(g) The state fire marshal shall adopt rules and regulations specifying subsequent editions of national fire protection association pamphlet no. 30 which the state fire marshal has determined to be equivalent to the 2008 edition. Compliance with any subsequent edition specified by such rules and regulations shall be considered compliance with the 2008 edition specified in this section.
(h) This section shall be part of and supplemental to the Kansas storage tank act.
History: L. 2008, ch. 89, § 1; April 24.
§§ 65-34,137 Non-fuel flammable or combustible liquid aboveground storage tank system fund
(a) There is hereby established as a segregated fund in the state treasury the non-fuel flammable or combustible liquid aboveground storage tank system fund. Revenue from the fines assessed pursuant to K.S.A. 65-34,136, and amendments thereto, shall be deposited in the state treasury and credited to the fund.
(b) Moneys in the non-fuel flammable or combustible liquid aboveground storage tank system fund shall be expended only for administration and enforcement of the provisions of K.S.A. 65-34,136, and amendments thereto.
(c) All expenditures from the non-fuel flammable or combustible liquid aboveground storage tank system 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 state fire marshal.
(d) This section shall be part of and supplemental to the Kansas storage tank act.
History: L. 2008, ch. 89, § 2; April 24.
§§ 65-34,138 Underground storage tank systems; secondary containment
(a) Each underground storage tank, or piping connected to any such tank, installed or replaced on and after July 1, 2013, shall be secondarily contained and monitored for leaks. (1) All secondary containment systems shall: (A) Be designed, constructed and installed to contain regulated substances released from the tank system until they are detected and removed;
(B) prevent the release of regulated substances to the environment at any time during the operational life of the underground storage tank system; and
(C) be checked for evidence of a release using interstitial monitoring.
(2) Any installation or replacement of secondarily contained piping shall include installation of containment of the submersible pump, but the requirement for secondary containment shall not apply to safe suction piping or repairs to an underground storage tank, piping or dispenser that are meant to restore a tank, pipe or dispenser to operating condition.
(b) The provisions of this section shall apply: (1) For a new underground storage tank system, to all underground storage tanks and connected pipes comprising the system, including systems comprised of multiple storage tanks or connected piping;
(2) for the replacement of an existing underground storage tank or existing piping connected to an underground storage tank system, to the specific underground storage tank or piping being replaced and not to other underground storage tanks and connected pipes comprising such system;
(3) to any new motor fuel dispenser system installed after June 30, 2013. Such system shall include under-dispenser spill containment. The containment must be: (A) Liquid tight on its sides, bottom and at any penetrations;
(B) compatible with the substance conveyed by the piping; and
(C) designed to allow for visual inspection and access to the components in the containment or to be monitored for a release of regulated substances from dispenser and piping.
History: L. 2013, ch. 18, § 1; July 1.
§§ 65-34,139 Underground storage tank systems; reimbursement for replacement
(a) The secretary may provide for the reimbursement to eligible owners of underground storage tanks in accordance with the provisions of this section up to $3,000,000 per state fiscal year and subject to the availability of moneys in the UST redevelopment fund. An owner of an underground storage tank shall be eligible for reimbursement under this section if the:
(1) Underground storage tank system is used for the storage of petroleum products for resale and is subject to the environmental assurance fee in accordance with provisions of K.S.A. 65-34,117, and amendments thereto;
(2) owner has been approved by the secretary and is not the United States government or any federal agency;
(3) owner replaces all components of a single-wall storage tank system with a secondary containment system that complies with K.S.A. 65-34,138, and amendments thereto, after August 8, 2005, and before June 30, 2030;
(4) owner is in substantial compliance with the Kansas storage tank act;
(5) owner provides 30-day notice and access to the department to perform an environmental assessment of the site:
(A) During replacement of the single-wall storage tank system with the secondary containment system installation, if done after July 1, 2015; and
(B) that determines that petroleum contamination exists and the owner applies to the underground fund to perform corrective action to address the contamination; and
(6) underground storage tank was registered with the department on or after May 1, 1981.
(b) Reimbursement pursuant to subsection (a) is subject to the following:
(1) For replacements undertaken after July 1, 2015, the storage tank owner must submit an application for reimbursement on forms supplied by the department and receive approval from the secretary of the proposed secondary containment system plan;
(2) upon approval of such plan, the owner shall obtain and submit to the secretary at least three bids from persons qualified to perform the secondary containment system installation except that, the secretary may waive this requirement upon a showing that the owner has made a good faith effort, but has not been able to obtain three bids from qualified bidders;
(3) for replacements undertaken before July 1, 2015, the owner must submit an application for reimbursement on forms supplied by the department with proof of costs and receive approval from the secretary; and
(4) the secretary may, in the secretary's discretion, determine those costs that are allowable as secondary containment system installation costs.
(c) Applications for reimbursement must include documentation of the secondary containment system installation and expense. Proof of payment of all expenses for which reimbursement is requested must be provided. The department will review those expenses based on current industry costs and provide reimbursement of reasonable and necessary costs. The department shall reimburse an applicant for the approved cost of the secondary containment system not to exceed $50,000 per facility for replacement work completed on and after August 8, 2005, and prior to July 1, 2020. The department shall reimburse an applicant for the approved cost of the secondary containment system not to exceed $100,000 per facility for replacement work completed on and after July 1, 2020, and prior to July 1, 2030. Any applicant who did not receive the maximum reimbursement amount allowable for work completed after July 1, 2020, may submit a written request to the department for the remaining reimbursement amount for work completed. Such written requests shall include documentation of all expenses for which reimbursement is requested and documentation of reimbursements previously received for work completed.
(d) The secretary may adopt such rules and regulations deemed necessary to carry out the provisions of this section.
(e) The provisions of this section shall be a part of and supplemental to the Kansas storage tank act.
History: L. 2015, ch. 26, § 2; L. 2021, ch. 3, § 8; July 1.
§§ 65-34,140 Reserved
§§ 65-34,141 Kansas drycleaner environmental response act; citation of act
This act shall be known and may be cited as the Kansas drycleaner environmental response act.
History: L. 1995, ch. 162, § 1; July 1.
§§ 65-34,142 Definitions
As used in this act:
(a) "Chlorinated drycleaning solvent" means any drycleaning solvent which contains a compound which has a molecular structure containing the element chlorine.
(b) "Corrective action" means those activities described in subsection (a) of K.S.A. 65-34,148.
(c) "Corrective action plan" means a plan approved by the secretary to perform corrective action at a drycleaning facility.
(d) "Department" means the department of health and environment.
(e) "Drycleaning facility" means a commercial establishment that operates, or has operated in the past, in whole or in part for the purpose of cleaning garments or other fabrics utilizing a process that involves any use of drycleaning solvents. Drycleaning facility includes all contiguous land, structures and other appurtenances and improvements on the land used in connection with a drycleaning facility but does not include prisons or governmental entities.
(f) "Drycleaning solvent" means any and all nonaqueous solvents used or to be used in the cleaning of garments and other fabrics at a drycleaning facility and includes but is not limited to perchloroethylene, also known as tetrachloroethylene, and petroleum-based solvents, and the products into which such solvents degrade.
(g) "Drycleaning unit" means a machine or device which utilizes drycleaning solvents to clean garments and other fabrics and includes any associated piping and ancillary equipment and any containment system.
(h) "Fund" means the drycleaning facility release trust fund.
(i) "Immediate response to a release" means containment and control of a known release in excess of a reportable quantity and notification to the department within 48 hours of any known release in excess of a reportable quantity.
(j) "Owner" means any person who owns or leases, or has owned or leased, a drycleaning facility and who is or has been responsible for the operation of drycleaning operations at such drycleaning facility.
(k) "Person" means an individual, trust, firm, joint venture, consortium, joint-stock company, corporation, partnership, association or limited liability company. Person does not include any governmental organization.
(l) "Release" means any spill, leak, emission, discharge, escape, leak or disposal of drycleaning solvent from a drycleaning facility into the soils or waters of the state.
(m) "Reportable quantity" means a known release of a chlorinated drycleaning solvent in excess of one quart over a 24-hour period or a known release of a nonchlorinated drycleaning solvent in excess of one gallon over a 24-hour period.
(n) "Retailer" means any business that: (1) Is registered for purposes of the Kansas retailers sales tax act and provides drycleaning, or drycleaning and laundry, services to final consumers; or (2) has provided a drycleaning, or drycleaning and laundry, facility with a resale exemption certificate and is responsible for charging and collecting retailers' sales tax from final consumers of drycleaning or laundry services.
(o) "Secretary" means the secretary of health and environment.
History: L. 1995, ch. 162, § 2; July 1.
§§ 65-34,143 Rules and regulations
The secretary is authorized and directed to adopt rules and regulations necessary to administer and enforce the provisions of this act. Any rules and regulations so adopted shall be reasonably necessary to preserve, protect and maintain the waters and other natural resources of this state and reasonably necessary to provide for prompt corrective action of releases from drycleaning facilities. Consistent with these purposes, the secretary shall adopt rules and regulations:
(a) Establishing performance standards for drycleaning facilities first brought into use on or after the effective date of regulations authorized by this subsection. Such performance standards shall be effective when the rules and regulations adopted by the secretary become final. The secretary shall make the secretary's best efforts to adopt such rules and regulations so that they become final within 180 days after the effective date of this act. The performance standards for new drycleaning facilities shall allow the use of new technology as it becomes available and shall at a minimum include provisions which are at least as protective of human health and the environment as the following:
(1) A requirement for the proper storage and disposal of those wastes which are generated at a drycleaning facility and which contain any quantity of drycleaning solvent.
(2) A prohibition of the discharge of wastewater from drycleaning units or of drycleaning solvent from drycleaning operations to any sanitary sewer or septic tank or to the waters of this state.
(3) A requirement of compliance with the national emission standards for hazardous air pollutants for perchlorethylene dry cleaning facilities promulgated by the United States environmental protection agency on September 22, 1993.
(4) A requirement that dikes or other containment structures be installed around each drycleaning unit and each drycleaning solvent or waste storage area, which structures shall be capable of containing any leak, spill or release of drycleaning solvent.
(5) A requirement that those portions of all diked floor surfaces upon which any drycleaning solvent may leak, spill or otherwise be released be of epoxy, steel or other material impervious to drycleaning solvents.
(6) A requirement that all chlorinated drycleaning solvents be delivered to drycleaning facilities by means of closed, direct-coupled delivery systems, but only after such systems become generally available.
(b) Adopting a schedule requiring the retrofitting of drycleaning facilities in existence on or before the effective date of rules and regulations authorized by subsection (a) to implement the performance standards established pursuant to subsection (a). The schedule may phase in the standards authorized by this subsection at different times but shall make all such standards effective no later than five years after the effective date of this act.
(c) Establishing requirements for removal of drycleaning solvents and wastes from drycleaning facilities which are to be closed by the owner in order to prevent future releases.
(d) Establishing criteria to prioritize the expenditure of funds from the drycleaning facility release trust fund. The criteria shall include consideration of:
(1) The benefit to be derived from corrective action compared to the cost of conducting such corrective action;
(2) the degree to which human health and the environment are actually affected by exposure to contamination;
(3) the present and future use of an affected aquifer or surface water;
(4) the effect that interim or immediate remedial measures will have on future costs;
(5) the amount of moneys available for corrective action in the drycleaning facility release trust fund; and
(6) such additional factors as the secretary considers relevant.
(e) Establishing criteria under which a determination may be made by the department of the level at which corrective action shall be deemed completed. Criteria for determining completion of corrective action shall be based on the factors set forth in subsection (d) and:
(1) Individual site characteristics including natural remediation processes;
(2) applicable state water quality standards;
(3) whether deviation from state water quality standards or from established criteria is appropriate, based on the degree to which the desired remediation level is achievable and may be reasonably and cost effectively implemented, subject to the limitation that where a state water quality standard is applicable, a deviation may not result in the application of standards more stringent than that standard; and
(4) such additional factors as the secretary considers relevant.
History: L. 1995, ch. 162, § 3; July 1.
§§ 65-34,144 Unlawful acts; penalties
(a) It shall be unlawful for any person to:
(1) Operate a drycleaning facility in violation of this act, rules and regulations adopted pursuant to this act or orders of the secretary pursuant to this act;
(2) prevent or hinder a properly identified officer or employee of the department or other authorized agent of the secretary from entering, inspecting, sampling or responding to a release as authorized by this act;
(3) knowingly make any false material statement or representation in any record, report or other document filed, maintained or used for the purpose of compliance with this act;
(4) knowingly destroy, alter or conceal any record required to be maintained by this act or rules and regulations adopted under this act;
(5) willfully allow a release or knowingly fail to make an immediate response to a release in accordance with this act and rules and regulations pursuant to this act.
(b) The director of the division of environment, upon a finding that a person has violated a provision of subsection (a), may impose on such person an administrative penalty in an amount not to exceed $500 for every violation.
(c) In assessing an administrative penalty under this section, the director of the division of environment shall consider, when applicable, the following factors:
(1) The extent to which the violation presents a hazard to human health;
(2) the extent to which the violation has or may have an adverse effect on the environment;
(3) the amount of the reasonable costs incurred by the state in detection and investigation of the violation; and
(4) the economic savings realized by the person in not complying with the provision for which a violation is charged.
History: L. 1995, ch. 162, § 5; L. 1999, ch. 102, § 1; July 1.
§§ 65-34,145 Registration; fee; posting
(a) Each owner of an operating drycleaning facility shall register annually with the department on a form provided by the department. The registration shall be accompanied by a fee of $100 for each operating drycleaning facility owned by the owner. The secretary shall remit the fees paid pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the fund.
(b) The owner of a drycleaning facility shall post the owner's registration number, in a manner prescribed by the secretary, in the public area of each operating drycleaning facility owned by the owner.
History: L. 1995, ch. 162, § 6; L. 1999, ch. 102, § 3; L. 2001, ch. 5, § 250; July 1.
§§ 65-34,146 Trust fund; establishment; credits; expenditures
(a) There is hereby established in the state treasury the drycleaning facility release trust fund. The fund shall be administered by the secretary. Moneys from the following sources 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 fund:
(1) Any proceeds from the taxes and fees imposed by this act;
(2) any interest attributable to investment of moneys in the drycleaning facility release trust fund;
(3) moneys recovered by the state under the provisions of this act, including any moneys paid under an agreement with the secretary or as civil penalties; and
(4) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for the purposes of this act.
(b) Moneys in the fund may be expended for only the following purposes and for no other governmental purpose:
(1) The direct costs of administration and enforcement of this act; and
(2) the costs of corrective action as provided in K.S.A. 65-34,148, and amendments thereto.
(c) It is the intent of the legislature that the fund shall remain intact and inviolate for the purposes set forth in this act, and moneys in the fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the drycleaning facility release trust fund interest earnings based on: (1) The average daily balance of moneys in the drycleaning facility release trust fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the drycleaning facility release trust fund shall be made in accordance with appropriation acts upon warrants of the director of the accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History: L. 1995, ch. 162, § 7; L. 1998, ch. 123, § 2; L. 1999, ch. 102, § 2; L. 2001, ch. 5, § 251; July 1.
§§ 65-34,147 Same; criteria for expenditures
It is the intent of the legislature that, to the maximum extent possible, moneys in the fund be utilized to address contamination resulting from releases of drycleaning solvents. The department is directed to administer the Kansas drycleaner environmental response act under the following criteria:
(a) To the maximum extent possible, the department itself should deal with contamination from drycleaning facilities utilizing moneys in the fund. The department should discourage other units of government, both federal and local, including the United States environmental protection agency, from becoming involved in contamination problems resulting from releases from drycleaning facilities.
(b) The department should make every reasonable effort to keep sites where drycleaning solvents are involved off of the national priorities list, as defined in 40 C.F.R. 300.5.
(c) The department should not seek out contaminated drycleaning facility sites because of the existence of the fund or the other provisions of this act. The moneys are made available for use as sites are discovered in the normal course of the business of the agency.
(d) Careful consideration should be given to interim or early corrective action which may result in an overall reduction of risk to human health and the environment and in the reduction of total costs of corrective action at a site. Such interim or early corrective action should receive consideration by the department as a high priority.
(e) The department, in its discretion, may use innovative technology to perform corrective action.
History: L. 1995, ch. 162, § 4; July 1.
§§ 65-34,148 Same; uses of moneys in fund; powers of department owner's liability, when; expenditure limit; deductible
(a) Whenever a release poses a threat to human health or the environment, the department, consistent with rules and regulations adopted by the secretary pursuant to subsections (d) and (e) of K.S.A. 65-34,143, and amendments thereto, shall expend moneys available in the fund to provide for:
(1) Investigation and assessment of a release from a drycleaning facility, including costs of investigations and assessments of contamination which may have moved off the drycleaning facility;
(2) necessary or appropriate emergency action, including but not limited to treatment, restoration or replacement of drinking water supplies, to assure that the human health or safety is not threatened by a release or potential release;
(3) remediation of releases from drycleaning facilities, including contamination which may have moved off of the drycleaning facility, which remediation shall consist of clean up of affected soil, groundwater and surface waters, using the most cost effective alternative that is technologically feasible and reliable, provides adequate protection of human health and environment and to the extent practical minimizes environmental damage;
(4) operation and maintenance of corrective action;
(5) monitoring of releases from drycleaning facilities including contamination which may have moved off of the drycleaning facility;
(6) payment of reasonable costs incurred by the secretary in providing field and laboratory services;
(7) reasonable costs of restoring property, as nearly as practicable to the conditions that existed prior to activities associated with the investigation of a release or clean up or remediation activities;
(8) removal and proper disposal of wastes generated by a release of a drycleaning solvent; and
(9) payment of costs of corrective action conducted by the department or by entities other than the department but approved by the department, whether or not such corrective action is set out in a corrective action plan, provided, however, that reimbursement for corrective action costs incurred before the effective date of this act shall be limited to $100,000 per site.
(b) Nothing in subsection (a) shall be construed to authorize the department to obligate moneys in the fund for payment of costs which are not integral to corrective action for a release of drycleaning solvents from a drycleaning facility. Moneys from the fund shall not be used: (1) For corrective action at sites that are contaminated by solvents normally used in drycleaning operations where the contamination did not result from the operation of a drycleaning facility; (2) for corrective action at sites, other than drycleaning facilities, that are contaminated by drycleaning solvents which were released while being transported to or from a drycleaning facility by a party other than the owner of such drycleaning facility or the owner's agents or employees; (3) to pay any costs associated with any fine or penalty brought against a drycleaning facility owner under state or federal law; or (4) to pay any costs related to corrective action at a drycleaning facility that has been included by the United States environmental protection agency on the national priorities list or at any facility which is a hazardous waste disposal facility, as defined in K.S.A. 65-3430 and amendments thereto.
(c) Nothing in this act shall be construed to restrict the department from:
(1) Modifying, in the discretion of the secretary, the priority status of a site where warranted under the system of priorities established pursuant to subsection (d) of K.S.A. 65-34,143 and amendments thereto; or
(2) temporarily postponing completion of corrective action for which moneys from the fund are being expended whenever such postponement is deemed necessary in order to make moneys available for corrective action at a site with a higher priority.
(d) At any multisource site, the secretary shall utilize the moneys in the fund to pay for the proportionate share of the liability for corrective action costs which is attributable to a release from one or more drycleaning facilities and for that proportionate share of the liability only.
(e) At any multisource site, the secretary is authorized to make a determination of the relative liability of the fund for costs of corrective action, expressed as a percentage of the total cost of corrective action at a site, whether known or unknown. The secretary shall issue an order establishing such percentage of liability. Such order shall be binding and shall control the obligation of the fund until or unless amended by the secretary. In the event of an appeal from such order, such percentage of liability shall be controlling for costs incurred during the pendency of the appeal.
(f) Any authorized officer, employee or agent of the department, or any person under order or contract with the department, may enter onto any property or premises, at reasonable times and upon written notice to the owner or occupant, to take corrective action where the secretary determines that such action is necessary to protect the public health or environment. If consent is not granted by the person in control of a site or suspected site regarding any request made by any officer, employee or agent of the department, or any person under order or contract with the department, under the provisions of this section, the secretary may issue an order directing compliance with the request. The order may be issued after such notice and opportunity for consultation as is reasonably appropriate under the circumstances.
(g) Notwithstanding the other provisions of this act, in the discretion of the secretary, an owner may be responsible for up to 100% of the costs of corrective action attributable to such owner if the secretary finds, after notice and an opportunity for a hearing in accordance with the Kansas administrative procedure act, that:
(1) Requiring the owner to bear such responsibility will not prejudice another owner or person who is eligible, under the provisions of this act, to have corrective action costs paid by the fund; and
(2) the owner:
(A) Caused a release by willful or wanton actions and such release was caused by operating practices contrary to those generally in use at the time of the release;
(B) is in arrears for moneys owed pursuant to this act, after notice and an opportunity to correct the arrearage;
(C) substantially obstructs the efforts of the department to carry out its obligations under this act, provided, however, that the exercise of legal rights shall not constitute a substantial obstruction;
(D) caused or allowed the release because of a material violation of the performance standards established in this act or the rules and regulations adopted by the secretary under this act; or
(E) has more than once failed to report or failed to take an immediate response to a release, knowing or having reason to know of such release.
For purposes of this subsection (g), unless a transfer is made solely to take advantage of this provision, purchasers of stock or other indicia of ownership and other successors in interest shall not be considered to be the same owner or operator as the seller or transferor of such stock or indicia of ownership even though there may be no change in the legal identity of the owner or operator. To the extent that an owner is responsible for corrective action costs under this subsection, such owner shall not be entitled to the exemption set out in subsection (c) of K.S.A. 65-34,149 and amendments thereto.
(h) The fund shall not be liable for the payment of costs in excess of $5,000,000 for corrective action at any contaminated drycleaning site. For purposes of this subsection, "contaminated drycleaning site" means the areal extent of soil or groundwater contamination with drycleaning solvents.
(i) There shall be a deductible of $5,000 of corrective action costs incurred because of a release from a drycleaning facility. Nothing herein shall prohibit the department from taking corrective action because the department cannot obtain the deductible.
History: L. 1995, ch. 162, § 9; L. 1999, ch. 102, § 4; July 1.
§§ 65-34,149 Liability limitations
(a) The state of Kansas, the fund, the secretary or the department or agents or employees thereof, shall not be liable for loss of business, damages or taking of property associated with any corrective action taken pursuant to this act.
(b) Nothing in this act shall establish or create any liability or responsibility on the part of the secretary, the department or the state of Kansas, or agents or employees thereof, to pay any corrective action costs from any source other than the fund or to take corrective action if the moneys in the fund are insufficient to do so.
(c) To the extent that an owner or other person is eligible, under the provisions of this act, to have corrective action costs paid by the fund, no administrative or judicial claim may be made under state law against any such owner or other person by or on behalf of a state or local government or by any person to compel corrective action or seek recovery of the costs of corrective action which result from the release of drycleaning solvents from a drycleaning facility.
(d) Moneys in the fund shall not be used for compensating third parties for bodily injury or property damage caused by a release from a drycleaning facility, other than property damage included in the corrective action plan approved by the secretary.
History: L. 1995, ch. 162, § 8; July 1.
§§ 65-34,150 Environmental surcharge, gross receipts tax; disposition of proceeds
(a) Subject to the provisions of K.S.A. 65-34,152, and amendments thereto, there is hereby imposed an environmental surcharge in the form of a gross receipts tax for the privilege of engaging in the business of laundering and drycleaning garments and other household fabrics in this state. The tax shall be at a rate of 2.5% of the gross receipts received from drycleaning or laundering services. The tax shall be paid by the consumer to the retailer and it shall be the duty of the retailer to collect from the consumer the full amount of the tax imposed or an amount as nearly as possible or practicable to the average thereof.
(b) Gross receipts otherwise taxable pursuant to this section shall be exempt from the tax imposed by this section if they arise from:
(1) Services rendered through a coin-operated device, whether automatic or manually operated, available for use by the general public;
(2) the laundering without use of drycleaning solvents of uniforms, linens or other textiles for commercial purposes, including any rental of uniforms, linens or dust control materials; or
(3) charges or services to entities that qualify for exemption from retailers' sales tax on laundering and drycleaning services pursuant to K.S.A. 79-3606, and amendments thereto.
(c) The tax imposed by this section shall be imposed on the same tax base as the Kansas retailers' sales tax and shall be in addition to all other state and local sales or excise taxes.
(d) The secretary of revenue shall remit the taxes paid under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the fund. For the purpose of this section, the proceeds of the tax shall include all funds collected and received by the director of taxation pursuant to this section, including interest and penalties on delinquent taxes.
(e) Every retailer liable for the payment of taxes imposed by this section shall report the taxes for the same periods and at the same time as the returns that the retailer files under the Kansas retailers' sales tax act, as prescribed by K.S.A. 79-3607, and amendments thereto. Each retailer shall report the tax imposed by this act on a form prescribed by the secretary of revenue.
(f) All taxes imposed by this section and not paid at or before the time taxes are due from the retailer under the Kansas retailers' sales tax act shall be deemed delinquent and shall bear interest at the rate prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the due date until paid. In addition, there is hereby imposed upon all amounts of such taxes remaining due and unpaid after the due date a penalty on the unpaid balance of the taxes due in the amounts and percentages prescribed by K.S.A. 79-3615, and amendments thereto.
(g) Whenever any taxpayer or person liable to pay tax imposed by this section refuses or neglects to pay the tax, the amount of the tax, including any interest or penalty, shall be collected in the manner provided by law for collection of delinquent taxes under the Kansas retailers' sales tax act.
(h) Insofar as not inconsistent with this act, the provisions of the Kansas retailers' sales tax act shall apply to the tax imposed by this section.
(i) The secretary of revenue is hereby authorized to administer and enforce the provisions of this section and to adopt such rules and regulations as may be necessary to carry out the responsibilities of the secretary of revenue under this section.
History: L. 1995, ch. 162, § 10; L. 1999, ch. 102, § 5; L. 2001, ch. 5, § 252; July 1.
§§ 65-34,151 Fee on purchase or acquisition of drycleaning solvent; disposition of proceeds
(a) Subject to the provisions of K.S.A. 65-34,152, and amendments thereto, there is hereby imposed a fee on the purchase or acquisition of drycleaning solvent by any owner of a drycleaning facility. The fee shall be paid to the director of taxation by the person who distributes the solvent.
(b) The amount of the fee imposed by this section on each gallon of drycleaning solvent shall be an amount equal to the product of the solvent factor for the drycleaning solvent and the fee rate of $3.50 plus .25 added on January 1 of each calendar year, beginning in 1996, until the fee rate reaches a maximum of $5.50 per gallon.
(c) The solvent factor for each drycleaning solvent is as follows:
- Drycleaning solvent Solvent Factor
- Perchloroethylene1.00
- Chlorofluorocarbon-1131.00
- 1,1,1-trichloroethane1.00
- Other chlorinated drycleaning solvents1.00
- Any nonchlorinated drycleaning solvent0.10
(d) In the case of a fraction of a gallon, the fee imposed by this section shall be the same fraction of the fee imposed on a whole gallon.
(e) No person who distributes drycleaning solvent shall sell any such solvent for use in a drycleaning facility unless such person first obtains the registration number of the owner of such facility.
(f) The secretary of revenue shall remit the fees paid pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the fund. For the purpose of this section, the proceeds of the fee shall include all funds collected and received by the director of taxation pursuant to this section, including interest and penalties on delinquent fees.
(g) Subject to rules and regulations adopted pursuant to this section, the fees imposed by this act shall be paid to the director of taxation for the same reporting period and on the same reporting date as the purchaser or user of the solvent reports Kansas retailers' sales tax, as prescribed in K.S.A. 79-3607, and amendments thereto. The fees imposed by this section shall be reported on a form prescribed by the secretary of revenue.
(h) Subject to rules and regulations adopted pursuant to this section, all fees imposed under the provisions of this section and not paid on or before the 25th day of the month succeeding the reporting period in which the solvent was purchased shall be deemed delinquent and shall bear interest at the rate prescribed by subsection (a) of K.S.A. 79-2928, and amendments thereto, from the due date until paid. In addition, there is hereby imposed upon all amounts of such fees remaining due and unpaid after the due date a penalty on the unpaid balance of the fees due in the amounts and percentages prescribed by K.S.A. 79-3615, and amendments thereto.
(i) Whenever any person liable to pay the fee imposed by this section refuses or neglects to pay the fee, the amount of the fee, including any interest or penalty, shall be collected in the manner provided by law for collection of delinquent taxes under the Kansas retailers' sales tax act.
(j) Insofar as not inconsistent with this act, the provisions the Kansas retailers' sales tax act shall apply to the fees imposed by this section.
(k) The secretary of revenue is hereby authorized to administer and enforce the provisions of this section and to adopt such rules and regulations as may be necessary to carry out the responsibilities of the secretary of revenue under this section.
History: L. 1995, ch. 162, § 11; L. 1999, ch. 102, § 6; L. 2001, ch. 5, § 253; July 1.
§§ 65-34,152 Imposition of taxes and fees dependent on fund balance
(a) Whenever on April 1 of any year the unobligated principal balance of the fund equals or exceeds $6,000,000, the taxes and fees imposed by K.S.A. 65-34,150 and 65-34,151, and amendments thereto, shall not be levied on or after the next July 1. Whenever on April 1 of any year thereafter the unobligated principal balance of the fund equals $4,000,000 or less, the taxes and fees imposed by K.S.A. 65-34,150 and 65-34,151, and amendments thereto, shall again be levied on and after the next July 1.
(b) The director of accounts and reports, not later than April 5 of each year, shall notify the secretary of revenue of the amount of the unobligated balance of the fund on April 1 of such year. Upon receipt of the notice, the secretary of revenue shall notify taxpayers under K.S.A. 65-34,150 and 65-34,151, and amendments thereto, if the levy of taxes and fees under those sections will terminate or recommence on the following July 1.
History: L. 1995, ch. 162, § 12; L. 1999, ch. 102, § 7; July 1.
§§ 65-34,153 Review of secretary's orders and decisions
(a) Any person adversely affected by any order or decision of the director of the division of environment or the secretary under this act may, within 15 days of service of the order or decision, make a written request for a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(b) Any person adversely affected by any final action of the secretary pursuant to this act may obtain a review of the action in accordance with the Kansas judicial review act.
History: L. 1995, ch. 162, § 13; L. 1999, ch. 102, § 8; L. 2010, ch. 17, § 156; July 1.
§§ 65-34,154 Annual report to legislature
On or before the first day of the regular legislative session each year, the secretary shall submit to the members of the standing committee on energy and natural resources of the senate and to the members of the standing committee on environment of the house of representatives a report regarding:
(a) Receipts of the fund during the preceding calendar year and the sources of the receipts;
(b) disbursements from the fund during the preceding calendar year and the purposes of the disbursements;
(c) the extent of corrective action taken under this act during the preceding calendar year; and
(d) the prioritization of sites for expenditures from the fund.
History: L. 1995, ch. 162, § 14; L. 1998, ch. 182, § 25; May 21.
§§ 65-34,155 Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To this end, the provisions of this act are severable.
History: L. 1995, ch. 162, § 15; July 1.
§§ 65-34,156 through 65-34,160 Reserved
§§ 65-34,161 Title and application
This act shall be known and may be cited as the voluntary cleanup and property redevelopment act and shall apply to real property where environmental cleanup may be needed.
History: L. 1997, ch. 137, § 1; July 1.
§§ 65-34,162 Definitions
As used in this act:
(a) "Contaminant" means such alteration of the physical, chemical or biological properties of any soils and waters of the state as will or is likely to create a nuisance or render such soils or waters potentially harmful, or injurious to public health, safety or welfare, or to the plant, animal or aquatic life of the state.
(b) "Department" means the department of health and environment.
(c) "Secretary" means the secretary of health and environment.
History: L. 1997, ch. 137, § 2; July 1.
§§ 65-34,163 Rules and regulations
The secretary may adopt rules and regulations necessary to define, administer and enforce the provisions of this act.
History: L. 1997, ch. 137, § 3; July 1.
§§ 65-34,164 Voluntary application; application of other laws; eligible property
(a) The program established in this act shall be voluntary and may be initiated by submission of an application to the department for properties where investigation and remediation may be necessary to protect human health or the environment based upon the current or proposed future use or redevelopment of the property.
(b) Property which may be eligible for reimbursement from trust funds established in the Kansas storage tank act, K.S.A. 65-34,100 et seq., and amendments thereto, or the Kansas drycleaner environmental response act, K.S.A. 65-34,141 et seq., and amendments thereto, shall meet all of the requirements of the respective act.
(c) The provisions of this act shall not apply to:
(1) Property that is listed or proposed for listing on the national priorities list of superfund sites established under the comprehensive environmental response, compensation, and liability act (CERCLA), 42 U.S.C.A. 9601 et seq.;
(2) property the contaminated portion of which is the subject of:
(A) Enforcement action issued pursuant to city, county, state or federal environmental laws; or
(B) environmental orders or agreements with city, county, state or federal governmental agencies;
(3) a facility which has or should have a permit pursuant to the resource, conservation and recovery act (RCRA), 42 U.S.C.A. 6901 et seq., which contains a corrective action component;
(4) oil and gas activities regulated by the state corporation commission;
(5) property that presents an immediate and significant risk of harm to human health or the environment; or
(6) property that the department determines to be a substantial threat to public or private drinking water wells.
History: L. 1997, ch. 137, § 4; July 1.
§§ 65-34,165 Application; fee; action on; agreement; deposit; access to property; termination of agreement; fund, use and disposition of
(a) Each application or reapplication for participation in the voluntary program shall be accompanied by a nonrefundable application fee of $200 to cover processing costs.
(b) The department shall review and approve or deny all applications.
(c) The department shall notify the applicant in writing, whether the application is approved or denied. If the application is denied, the notification shall state the reason for the denial.
(d) Following departmental approval of an application, a voluntary agreement in accordance with this act must be executed between the participant and the department. The department shall not commence oversight and review activities until the voluntary agreement is executed.
(e) As part of the voluntary agreement, the department shall require the applicant to post a deposit not to exceed $5,000. The deposit shall be used to cover all direct and indirect costs of the department in administration of the program, including but is not limited to providing technical review, oversight and guidance in relation to the property covered in the application. If the costs of the department exceed the initial deposit, an additional amount agreed upon by the department and the applicant will be required prior to proceeding with any voluntary work under the program. Timely remittance of reimbursements to the department is a condition of continuing participation. After the mutual termination of the voluntary agreement, the department shall refund any remaining balance within 60 days.
(f) During the time allocated for review of applications, assessments, other investigative activities and remedial activities under this act, the department, upon reasonable notice to the applicant, shall have access at all reasonable times to the subject real property.
(g) The applicant may unilaterally terminate the voluntary agreement prior to completion of investigative and remedial activities if the applicant leaves the site in no worse condition, from a human health and environmental perspective, than when the applicant initiated voluntary activities. The applicant must notify the department in writing of the intention to terminate the voluntary agreement. The department will cease billing for review of any submittal under the voluntary agreement upon receipt of notification. Within 90 days after receipt of notification for termination, the department shall provide a final bill for services provided. If the applicant requests termination of the voluntary agreement under this subsection, initial deposits are not refundable. In the event the department has costs in excess of the initial deposit, the applicant must remit full payment of those costs. Upon payment of all costs, the department shall notify the applicant in writing that the voluntary agreement has been terminated.
(h) The department may terminate the voluntary agreement if the applicant:
(1) Violates any terms or conditions of the voluntary agreement or fails to fulfill any obligations of the voluntary agreement; or
(2) fails to address an immediate and significant risk of harm to public health and the environment in an effective and timely manner.
The department shall notify the applicant in writing of the intention to terminate the voluntary agreement and include a summary of the costs of the department. The notification shall state the reason or reasons for the termination.
(i) There is established a fund in the state treasury the voluntary cleanup fund. Revenue from the following sources shall be deposited in the state treasury and credited to the fund:
(1) Moneys collected for application fees;
(2) moneys collected as deposits for costs associated with administration of the act, including technical review, oversight and guidance;
(3) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for purposes of the fund; and
(4) interest attributable to the investment of moneys in the fund.
(j) Moneys in the voluntary cleanup fund shall only be expended for costs of:
(1) Review of applications;
(2) technical review, oversight, guidance and other activities necessary to carry out the provisions of this act;
(3) activities performed by the department to address immediate or emergency threats to human health and the environment related to a property under this act; and
(4) administration and enforcement of the provisions of this act.
(k) On or before the 10th of each month following the month in which moneys are first credited to the voluntary cleanup fund, and monthly thereafter on or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the voluntary cleanup fund interest earnings based on:
(1) The average daily balance of moneys in the voluntary cleanup fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(l) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History: L. 1997, ch. 137, § 5; July 1.
§§ 65-34,166 Remedial action; determination whether required; plan
(a) The department shall review reports, including any environmental assessments and investigations submitted by the applicant, and make a determination as to any required actions. If the department determines that no remedial action is necessary, the department may issue a no further action determination pursuant to K.S.A. 65-34,169.
(b) If the department determines that further investigation or remediation is required, the applicant shall submit to the department a voluntary cleanup plan that follows the scope of work prepared by the department for voluntary investigation or remediation and includes the actions necessary to address the contamination.
History: L. 1997, ch. 137, § 6; July 1.
§§ 65-34,167 Same; alternatives; factors considered
Remedial alternatives shall be based on the actual risk to human health and the environment currently posed by contaminants, considering the following factors:
(a) The present and proposed future uses of the property and surrounding properties;
(b) the ability of the contaminants to move in a form and manner which would result in exposure to humans and the surrounding environment at levels which exceed applicable state standards and guidelines or which exceed acceptable contaminant concentrations as determined by a risk analysis that evaluates the property and surrounding properties as a whole; and
(c) the potential risks associated with proposed cleanup alternatives and the reliability and economic and technical feasibility of such alternatives.
History: L. 1997, ch. 137, § 7; L. 2015, ch. 29, § 2; July 1.
§§ 65-34,168 Plan; approval or disapproval; procedures; approval void, when; verification of implementation
(a) The department shall provide formal written notification to the applicant that a voluntary cleanup plan has been approved or disapproved within 60 days of submittal of the voluntary cleanup plan by the applicant unless the department extends the time for review to a date certain.
(b) The department shall approve a voluntary cleanup plan if the department concludes that the plan will attain a degree of cleanup and control of contaminants that complies with all applicable statutes and rules and regulations.
(c) If a voluntary cleanup plan is not approved by the department, the department shall promptly provide the applicant with a written statement of the reasons for denial. If the department disapproves a voluntary cleanup plan based upon the applicant's failure to submit the information required, the department shall notify the applicant of the deficiencies in the information submitted.
(d) The approval of a voluntary cleanup plan by the department applies only to those contaminants and conditions identified on the property based upon the statutes and rules and regulations that exist when the application is submitted.
(e) (1) Upon determination by the department that a voluntary cleanup plan is acceptable, the department shall publish a notice of the determination in a local newspaper of general circulation in the area affected and make the voluntary cleanup plan available to the public. The public shall have 15 days from the date of publication during which any person may submit to the department written comments regarding the voluntary cleanup plan. After 15 days have elapsed, the department may hold a public information meeting if, in the department's judgment, the comments submitted warrant such a meeting or if the applicant requests such a meeting. Upon completion of the public notification and participation process, the department shall make a determination to approve the plan in accordance with this section.
(2) The voluntary cleanup plan and associated documents shall be available for public review upon request from a member of the public.
(3) Such cleanup plan and any associated documents shall be indexed and posted on the website of the Kansas department of health and environment upon determination by the department that a voluntary cleanup plan is acceptable and for at least five years following the no further action determination.
(f) Departmental approval of a voluntary cleanup plan shall be void upon:
(1) Failure of an applicant to comply with the approved voluntary cleanup plan;
(2) willful submission of false, inaccurate or misleading information by the applicant in the context of the voluntary cleanup plan; or
(3) failure to initiate the plan within 6 months after approval by the department, or failure to complete the plan within 24 months after approval by the department, unless the department grants an extension of time.
(g) An applicant desiring to implement a voluntary cleanup plan after the time limits prescribed by subsection (f)(3) have expired shall submit a written petition for reapplication accompanied by written assurances from the applicant that the conditions on the subject property are substantially similar to those existing at the time of the original approval. Reapplications shall be reviewed by the department. Any reapplication that involves property upon which the condition has substantially changed since approval of the original voluntary cleanup plan shall be treated as a new application and shall be subject to all the requirements of this act.
(h) Within 45 days after the completion of the voluntary cleanup described in the approved voluntary cleanup plan, the applicant shall provide to the department assurance that the plan has been fully implemented. A verification sampling program shall be required by the department to confirm that the property has been cleaned up as described in the voluntary cleanup plan.
History: L. 1997, ch. 137, § 8; L. 2015, ch. 29, § 3; July 1.
§§ 65-34,169 Determination no further action required; issuance; void, when
(a) After an applicant completes the requirements of this act, the department may determine that no further remedial action is required. Within 60 days after such completion, unless the applicant and the department agree to an extension of the time for review, the department shall provide written notification that a no further action determination has been made.
(b) The department may consider in issuing this determination that contamination or a release of contamination originates from a source on another property.
(c) The issuance of a no further action determination by the department applies only to identified conditions on the property and is based upon applicable statutes and rules and regulations that exist as of the time of completion of the requirements.
(d) The department may determine that the no further action determination, under this section is void if:
(1) There is any evidence of fraudulent representation, false assurances, concealment or misrepresentation of the data in any document to be submitted to the department under this act;
(2) the applicant agrees to perform any action approved by the department and fails to perform such action;
(3) the applicant's willful and wanton conduct contributes to known environmental contamination; or
(4) the applicant fails to complete the voluntary actions required in the voluntary cleanup plan.
(e) If a no further action determination is not issued by the department, the department shall promptly provide the applicant with a written statement of the reasons for denial.
History: L. 1997, ch. 137, § 9; L. 2015, ch. 29, § 4; July 1.
§§ 65-34,170 Repealed
History: L. 1997, ch. 137, § 10; Repealed, L. 2015, ch. 29, § 5; July 1.
§§ 65-34,171 Application of other laws; EPA involvement
(a) Nothing in this act shall absolve any person from obligations under any other law or rule and regulation, including any requirement to obtain permits or approvals for work performed under a voluntary cleanup plan.
(b) If the federal environmental protection agency (EPA) indicates that it is investigating a property which is the subject of an approved voluntary cleanup plan, the department shall attempt to obtain agreement with the EPA that the property be addressed under the appropriate state program or, in the case of property being addressed through a voluntary cleanup plan, that no further federal action be taken with respect to the property at least until the voluntary cleanup plan is completely implemented.
History: L. 1997, ch. 137, § 11; July 1.
§§ 65-34,172 Plan; enforcement; use of information as basis of other enforcement actions
(a) Voluntary cleanup plans are not enforceable against an applicant unless the department can demonstrate that an applicant who initiated a voluntary cleanup under an approved plan has failed to fully implement that plan. In that case, the department may require further action if such action is authorized by other state statutes administered by the department or rules and regulations of the department.
(b) Information provided by an applicant to support a voluntary cleanup plan shall not provide the department with an independent basis to seek penalties from the applicant pursuant to applicable statutes or rules and regulations. If, pursuant to other applicable statutes or rules and regulations, the department initiates an enforcement action against the applicant subsequent to the submission of a voluntary cleanup plan regarding the contamination addressed in the plan, the voluntary disclosure of the information in the plan shall be considered by the enforcing authority to mitigate penalties which could be assessed to the applicant.
History: L. 1997, ch. 137, § 12; July 1.
§§ 65-34,173 Annual report
The department shall publish annually in the Kansas register a summary of the number of applicants, the general categories of those applicants and the number of cleanups completed pursuant to this act.
History: L. 1997, ch. 137, § 13; July 1.
§§ 65-34,174 Severability
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History: L. 1997, ch. 137, § 14; July 1.
§§ 65-34,175 Environmental stewardship fund; expenditures
(a) There is hereby created in the state treasury the environmental stewardship fund. All moneys received pursuant to K.S.A. 65-34,117(b)(5), and amendments thereto, shall be deposited into the environmental stewardship fund.
(b) Fund expenditures from the environmental stewardship fund shall be used by the secretary of the department of health and environment for:
(1) The secretary of health and environment to take whatever emergency action necessary or appropriate in response to an environmental threat to public health or safety;
(2) state-led programs to investigate, monitor, remediate and perform long-term care actions;
(3) state matching funds and long-term care actions at federal remedial actions; and
(4) the administrative, personnel and contractual service expenses incurred in undertaking the provisions of this section.
(c) The secretary of the department of health and environment shall undertake cost recovery actions for expenditures from the environmental stewardship fund if a responsible party is identified.
(d) The environmental stewardship fund shall be used for the purposes set forth in this act and for no other governmental purposes. Moneys in the environmental stewardship fund shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(e) All such expenditures from the environmental stewardship fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee.
History: L. 2015, ch. 26, § 1; July 1.
§§ 65-34,176 Risk management program act; risk management fund, expenditures; rules and regulations
(a) (1) For a site to be eligible to participate in the risk management program, the secretary shall make a finding that the site:
(A) Is subject to an agreement or order under the authority of the secretary's bureau of environmental remediation; and
(B) poses a low risk to human health and the environment.
(2) In making eligibility determinations, the secretary shall have authority to consider such additional factors as deemed relevant.
(3) Any changes in site conditions or property use that results in a change in the risks posed by the site shall make a site ineligible for acceptance or continued participation in the risk management program.
(b) (1) Funding for the risk management plan may be satisfied by the secretary where adequate funding is supplied by federal grants, designated fee funds or other funding sources. The secretary shall remit to the state treasurer, in accordance with K.S.A. 75-4215, and amendments thereto, all moneys received from this act. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the risk management fund. Funding requirements for the risk management plan payment will be based on the size and risk of the site to which the risk management plan applies, amount of contaminated groundwater, toxicity and mobility of the contaminants, frequency of long term care activities and oversight costs, as determined by the secretary.
(2) Upon acceptance of the application, participants shall make a one-time payment for the risk management plan of a minimum of $2,500.
(c) (1) There is hereby established in the state treasury the risk management fund. Moneys from the following sources shall be deposited in the state treasury and credited to the fund:
(A) Moneys collected from the one-time payments;
(B) moneys received by the secretary in the form of gifts, grants, reimbursements or appropriations from any source intended to be used for purposes of the fund; and
(C) interest attributable to the investment of moneys in the fund.
(2) Moneys in the risk management plan fund shall be expended only for the costs of:
(A) Review of risk management applications;
(B) oversight of risk management plan requirements;
(C) implementation of the risk management plan upon failure of the participant;
(D) activities performed by the secretary to address immediate or emergency threats to human health or the environment related to properties subject to risk management plans;
(E) development, operation and maintenance of the risk management plan tracking system; and
(F) administration and enforcement of the provisions of this act.
(3) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the risk management fund interest earnings based on the:
(A) Average daily balance of moneys in the risk management fund for the preceding month; and
(B) net earnings rate of the pooled money investment portfolio for the preceding month.
(4) All expenditures from the risk management plan fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee for purposes set forth in this section.
(d) (1) A risk management plan shall terminate if it is demonstrated to the secretary's satisfaction that the risk management plan is no longer necessary to protect human health or the environment. Any person shall submit a request to the secretary for approval to terminate a risk management plan. The secretary shall review the request and provide the secretary's decision to approve or deny the request within 120 days after the secretary's receipt of the request. If the secretary denies the request, justification shall be provided with a written explanation of the denial including that the person has not provided the documentation to demonstrate that the request is protective of human health and the environment, as determined by the secretary.
(2) A risk management plan agreement shall be an enforceable contract, that may be transferred to another person upon approval by the secretary. Any risk management plan may be modified by mutual written agreement by the person and the secretary. The secretary shall not acquire any liability by virtue of approving a risk management plan or by approving expiration of all or a portion of a risk management plan.
(e) A risk management plan pursuant to this section may include or require:
(1) Prompt notification to the secretary of any transfer of property that is the subject of a risk management plan, such notice to be given by the participant;
(2) prompt notification to the secretary of any change in use of the property that is the subject of a risk management plan;
(3) maintenance of protective structures or remedial systems at the site, such as soil caps, soil covers, soil surfaces, berms, drainage structures, vegetation, monitoring wells or other structures or systems;
(4) access to the property by agents of the secretary as necessary to inspect and monitor the risk management plan activities;
(5) any other obligations necessary to reduce or eliminate risks or threats to human health and the environment from the site; or
(6) restrictions, prohibitions and zoning requirements placed on property in the site by a local or state government. Such restrictions, prohibitions and zoning requirements may be utilized in addition with any risk management plan activities approved by the secretary. This provision does not grant or expand authority of local government to restrict, prohibit, zone or regulate land.
(f) Upon receipt of information that an approved risk management plan is not being implemented as written or that property subject to an approved risk management plan presents a hazard to human health or the environment, the secretary may take such actions as may be necessary to protect human health or the environment. The action the secretary may take shall include, but not be limited to:
(1) Issuing an order directing the participant to take such steps as are necessary to correct any deficiencies and fully implement the approved risk management plan.
(2) Issuing an order retracting the approval of the risk management plan and require the participant to implement remediation of the site to a cleanup standard that will allow for unrestricted use of the site.
(3) Assessing an administrative penalty of up to $500 per day for failure to comply with the terms of the risk management plan.
(4) Performing actions required by the risk management plan and recovering any and all costs from the person responsible for performance of such actions.
(5) Commencing an action enjoining acts or practices set forth in the approved risk management plans or requesting that the attorney general or appropriate district or county attorney commence an action to enjoin such actions that result in approved risk management plans not being implemented or not being fully or properly implemented or that present a substantial and imminent threat or hazard to human health or the environment.
(g) Prior to the secretary's approval of the risk management plan, the participant shall provide written notification to all property owners and occupants within the site and provide proof of such notification to the secretary. The secretary may choose based on public interest to initiate and participate in public meetings to discuss the pending risk management plan.
(h) Any person adversely affected by any order or decision of the secretary pursuant to this act, within 15 days after service of the order or decision, may request in writing a hearing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act. Any action of the secretary pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
(i) As used in this section:
(1) "Long term care" means any activity, approved in the risk management plan, that provides assurances that the contamination at the site is not impacting human health;
(2) "owner" means any owner of record of property or authorized representative;
(3) "participant" means any person who has submitted an application for a risk management plan and the plan has been approved by the secretary and successor in interest to the risk management plan agreement;
(4) "person" means any individual, trust, firm, joint stock company, public or private corporation, limited liability company or partnership, the federal government or any agency or instrumentality thereof, any state, state agency, instrumentality, political or taxing subdivision thereof or any interstate body;
(5) "property" means real property;
(6) "remedial activity" means any assessment, cleanup or other action necessary or appropriate to respond to a release or threat of release of environmental contamination at a site;
(7) "risk management plan" means a long term care plan approved by the secretary and intended to protect human health and the environment at a site where residual contamination is above cleanup standards;
(8) "risk management plan agreement" means an enforceable agreement between the participant and the secretary that enacts the risk management plan;
(9) "secretary" means the secretary of health and environment; and
(10) "site" means all areas and media to which environmental contamination or pollution has been released, transported, migrated or to which contamination may migrate.
(j) The secretary shall adopt rules and regulations to implement the provisions of this act.
(k) The provisions of this section are declared to be severable and if any provision, word, phrase or clause of the section or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this section or the application thereof.
History: L. 2015, ch. 29, § 1; July 1.
§§ 65-34,177 Contaminated property redevelopment act; citation of act
The intent of this act is to provide a mechanism to allow real property with environmental contamination to be purchased without the purchaser becoming liable for cleanup costs. This act establishes the contaminated property redevelopment fund to help municipalities redevelop contaminated and potentially contaminated properties. This act shall be known and may be cited as the contaminated property redevelopment act.
History: L. 2016, ch. 70, § 1; July 1.
§§ 65-34,178 Same; definitions
As used in this act:
(a) "Certificate of environmental liability release" or "CELR" means a certificate issued by the department that releases the purchaser from environmental liability for contamination existing at the time of issuance of the CELR on a property from actions taken by the bureau of environmental remediation under K.S.A.
65-159,
65-161 through
65-171z,
65-3401 et seq.,
65-3430 et seq. and
65-3452a et seq., and amendments thereto.
(b) "Department" means the Kansas department of health and environment.
(c) "Owner" means any owner of record of property or authorized representative.
(d) "Person" means any individual, trust, firm, joint stock company, public or private corporation, limited liability company or partnership; the federal government or any agency or instrumentality thereof; any state, or any agency, instrumentality or political or taxing subdivision thereof; or any interstate body.
(e) "Property" means real property.
(f) "Purchaser" means any person who is acquiring property through purchase, foreclosure or default. For purposes of this act, "purchaser" does not include the federal government or a person who acquires property through gifts, bequests or inheritance.
(g) "Secretary" means the secretary of health and environment.
(h) "Site" means all areas and media to which environmental contamination or pollution has been released, transported or migrated.
History: L. 2016, ch. 70, § 2; July 1.
§§ 65-34,179 Same; eligibility
(a) A property shall be eligible for a CELR from the department if the purchaser submits a complete application to the department and the department finds that:
(1) The property is contaminated, not including contamination resulting from radon, lead-based paint or asbestos;
(2) the purchaser is not the party responsible for the contamination;
(3) the property is:
(A) Not currently owned by the purchaser;
(B) currently owned by the purchaser and was acquired through seizure, condemnation, foreclosure or default; or
(C) currently owned by the purchaser and the purchaser is the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof; or any county, township, city, school district or other political or taxing subdivision of the state, or any agency, authority, institution or other instrumentality thereof;
(4) if the purchaser is a current owner, the purchaser could not have reasonably foreseen the threat of contamination and failed to take reasonable steps to prevent the contamination;
(5) there is no direct or indirect familial relationship or any contractual, corporate or financial relationship between the purchaser and the owner or the party responsible for the contamination, other than that by which such purchaser's interest in the property was conveyed or financed; and
(6) the property is not ineligible for a CELR pursuant to the provisions of K.S.A. 65-34,180, and amendments thereto, and the purchaser has met the conditions required by K.S.A. 65-34,180, and amendments thereto.
(b) It shall be the sole responsibility of the purchaser to provide the needed documentation to the department for the department to make an eligibility determination. These documents shall include:
(1) Phase I or Phase II environmental reports that are completed within industry standards;
(2) environmental assessment reports that are completed within industry standards; or
(3) other reports that will expedite the department's determination requested by the department.
(c) In making eligibility determinations, the department shall have authority to consider such additional factors as deemed relevant by the department, including the current and potential future use of the property.
(d) The department shall make a determination of eligibility or noneligibility within 15 business days of receiving the application and all required information.
(e) Only property acquired after July 1, 2016, shall be eligible for a CELR.
History: L. 2016, ch. 70, § 3; July 1.
§§ 65-34,180 Same; requirements by the department
(a) In addition to the findings required for a determination of eligibility by the department pursuant to K.S.A. 65-34,179, and amendments thereto, the department shall only grant a CELR upon the following conditions:
(1) The department determines that the purchaser has not caused or exacerbated and will not exacerbate the contamination on the property;
(2) the purchaser agrees to disclose the CELR to subsequent purchasers until the property can be used for unrestricted use;
(3) the purchaser agrees to reasonable access for future environmental investigation and remediation by the department or other party performing investigation and remediation under the oversight of the department; and
(4) the purchaser agrees to provide the department notification within 30 days of any transfer or sale of property that is subject to a CELR.
(b) Property shall not be eligible for a CELR if:
(1) The contamination on the property is subject to regulation under the nuclear energy development and radiation control act, K.S.A.
48-1601 et seq., and amendments thereto;
(2) the property is the source of the contamination and it is eligible for cleanup under the Kansas storage tank act, K.S.A.
65-34,100 et seq., or the Kansas drycleaner environmental response act, K.S.A.
65-34,141 et seq., and amendments thereto, unless the site has been enrolled into the appropriate cleanup program under such acts as applicable;
(3) the property is the source of the contamination and it is listed or proposed for listing on the national priorities list of superfund sites established under the comprehensive environmental response, compensation and liability act (CERCLA) (42 U.S.C.A. § 9601 et seq.);
(4) the purchaser has entered into or is the subject of one or more contracts, agreements or orders with the intended purpose of performing investigation or remediation of contamination at the property; or
(5) the purchaser has provided indemnification or release of environmental liability to any other party regarding contamination at the property.
(c) A CELR does not relieve the holder of requirements or duties of an applicable environmental use control agreement or risk management plan.
History: L. 2016, ch. 70, § 4; July 1.
§§ 65-34,181 Same; fees
The purchaser shall submit payment to the department of a fee with the CELR application. The fee for the CELR shall be determined by the department by rules and regulations, but shall not exceed $2,000 and shall be based on the size and complexity of the site and property as determined by the department. If a CELR is not issued by the department, a refund shall be issued to the purchaser less the amount expended by the department to review and process the application.
History: L. 2016, ch. 70, § 5; July 1.
§§ 65-34,182 Same; modification of CELR
(a) A person may submit a request to the department for approval to modify a CELR. The department shall approve or deny the request within 30 business days after the department's receipt of the request. If the department denies the request, justification shall be provided with a written explanation of the denial. A denial by the department may include as a justification for denial that the person has not provided the necessary documentation to justify the modification as determined by the department.
(b) A CELR is not transferable.
(c) The department shall not acquire any liability by virtue of this act.
History: L. 2016, ch. 70, § 6; July 1.
§§ 65-34,183 Same; department remedies for providing fraudulent information
(a) If the department determines that fraudulent information was provided by the purchaser to the department for the purpose of obtaining a CELR, the secretary may take such actions as necessary to protect human health or the environment and may take actions including, but not limited to:
(1) Issuing an order directing the purchaser to take any emergency action necessary to protect human health and the environment;
(2) issuing an order revoking the CELR;
(3) issuing an order that will require the purchaser to implement a cleanup of the site to a standard that will allow for unrestricted use; or
(4) assessing an administrative penalty of up to $500 per day starting from the date of the application to the date the department determined false information was provided by the purchaser.
(b) Failure by a CELR recipient to grant reasonable access as required by this act or failure to otherwise comply with this act shall result in revocation of the CELR by the department.
(c) If an owner who has received a CELR exacerbates the contamination or interferes with a department-approved remedy on the property, the department shall revoke the CELR.
(d) If an owner who has received a CELR acquires liability for the contamination through contract, law or other mechanism, the CELR shall be null and void.
History: L. 2016, ch. 70, § 7; July 1.
§§ 65-34,184 Same; contaminated property redevelopment fund
(a) There is established in the state treasury the contaminated property redevelopment fund, which shall be administered by the secretary. Moneys collected by the secretary from the following sources shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto, and deposited in the state treasury to the credit of the fund:
(1) Fees for CELR applications;
(2) the federal brownfields program;
(3) gifts, grants, reimbursements or appropriations from any source intended to be used for purposes of the fund;
(4) interest attributable to the investment of moneys in the fund;
(5) penalties collected pursuant to this act; and
(6) repayment of any brownfields loan, including interest and fees.
(b) Expenditures from the contaminated property redevelopment fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee for the following purposes:
(1) Review and approval of CELR applications;
(2) oversight and modifications of completed CELRs;
(3) development, operation and maintenance of the CELR tracking system;
(4) loans to municipalities for assessment and cleanup actions at brownfields redevelopment projects;
(5) grants to municipalities for assessment and cleanup actions at brownfields redevelopment projects; and
(6) administration and enforcement of the provisions of this act.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the contaminated property redevelopment fund interest earnings based on:
(1) The average daily balance of moneys in the contaminated property redevelopment fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History: L. 2016, ch. 70, § 8; July 1.
§§ 65-34,185 Same; rules and regulations
The secretary may adopt rules and regulations necessary to implement the provisions of this act.
History: L. 2016, ch. 70, § 9; July 1.
§§ 65-34,186 Same; remedies
Any person adversely affected by any order or decision of the secretary under this act may, within 15 days of service of the order or decision, request a hearing in writing. Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 2016, ch. 70, § 10; July 1.
Article 34a Central Interstate Low-Level Radioactive Waste Compact
§ 65-34a01 Central interstate low-level radioactive waste compact
The central interstate low-level radioactive waste compact is hereby entered into and enacted into law in the form substantially as follows:
ARTICLE I. POLICY AND PURPOSE
The party states recognize that each state is responsible for the management of its nonfederal low-level radioactive wastes. They also recognize that the Congress, by enacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573) has authorized and encouraged states to enter into compacts for the efficient management of wastes. It is the policy of the party states to cooperate in the protection of the health, safety and welfare of their citizens and the environment and to provide for and encourage the economical management of low-level radioactive wastes. It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety and welfare of the citizens and the environment of the region; to limit the number of facilities needed to effectively and efficiently manage low-level radioactive wastes and to encourage the reduction of the generation thereof; and to distribute the costs, benefits and obligations among the party states. It is the policy of the party states that activities conducted by the Commission are the formation of public policies and are therefore public business.
ARTICLE II. DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
a. "Commission" means the Central Interstate Low-Level Radioactive Waste Commission;
b. "disposal" means the isolation and final disposition of waste;
c. "decommissioning" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at the facility;
d. "extended care" means the continued observation of a facility after closure for the purpose of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and includes undertaking any action or cleanup necessary to protect public health and environment;
e. "facility" means any site, location, structure or property used or to be used for the management of waste;
f. "generator" means any person who, in the course of or as an incident to manufacturing, power generation, processing, medical diagnosis and treatment, biomedical research, other industrial or commercial activity, other research or mining in a party state, produces or processes waste. "Generator" does not include any person who receives waste generated outside the region for subsequent shipment to a regional facility;
g. "host state" means any party state in which a regional facility is situated or is being developed;
h. "institutional control" means those activities carried out by the host state to physically control access to the disposal site following transfer of the license to the owner of the disposal site. These activities include, but are not limited to, environmental monitoring, periodic surveillance, minor custodial care, and other necessary activities at the site as determined by the host state and administration of funds to cover the costs for these activities. The period of institutional control will be determined by the host state but may not be less than 100 years following transfer of the license to the owner of the disposal site;
i. "low-level radioactive waste" or "waste" means, as defined in the Low-Level Radioactive Waste Policy Act (Public Law 96-573), radioactive waste not classified as: High-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in section 11 e.(2) of the Atomic Energy Act of 1954, as amended through 1978.
j. "management of waste" means the storage, treatment or disposal of waste;
k. "notification of each party state" means transmittal of written notice to the governor, presiding officer of each legislative body and any other persons designated by the party state's Commission member to receive such notice;
l. "party state" means any state which is a signatory party to this compact;
m. "person" means any individual, corporation, business enterprise or other legal entity, either public or private;
n. "region" means the area of the party states;
o. "regional facility" means a facility which is located within the region and which has been approved by the Commission for the benefit of the party states;
p. "site" means any property which is owned or leased by a generator and is contiguous to or divided only by a public or private way from the source of generation;
q. "state" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands or any other territorial possession of the United States;
r. "storage" means the holding of waste for treatment or disposal; and
s. "treatment" means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render such waste safer for transport or management, amenable for recovery, convertible to another usable material or reduced in volume.
ARTICLE III. RIGHTS AND OBLIGATIONS
a. There shall be provided within the region one or more regional facilities which together provide sufficient capacity to manage all wastes generated within the region. It shall be the duty of regional facilities to accept compatible wastes generated in and from party states, and meeting the requirements of this act, and each party state shall have the right to have the wastes generated within its borders managed at such facility.
b. To the extent authorized by federal law and host state law, a host state shall regulate and license any regional facility within its borders and ensure the extended care of such facility.
c. Rates shall be charged to any user of the regional facility, set by the operator of a regional facility and shall be fair and reasonable and be subject to the approval of the host state. Such approval shall be based upon criteria established by the Commission.
d. A host state may establish fees which shall be charged to any user of a regional facility and which shall be in addition to the rates approved pursuant to section c. of this Article, for any regional facility within its borders. Any fees proposed by the host state shall be subject to a 120-day prior notice to the Commission with an opportunity to provide comments to the host state. Such fees shall be fair and reasonable, and shall provide the host state with sufficient revenue to cover all anticipated present and future costs associated with any regional facility and a reasonable reserve for future contingencies which are not covered by rates established in section c. of this Article including, but not limited to:
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The licensure, operation, monitoring, inspection, maintenance, decommissioning, closure, institutional control, and extended care of a regional facility;
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response, removal, remedial action or cleanup deemed appropriate and required by the host state as a result of a release of radioactive or hazardous materials from such regional facility;
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premiums for property and third party liability insurance;
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protection of the public health and safety, and the environment;
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compensation and incentives to the host community;
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any amount due from a judgment or settlement involving a property or third-party liability claim for medical expenses and all other damages incurred as a result of personal injury or death, and damages or losses to real or personal property or the environment; and
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cost of defending or pursuing liability claims against any party or state.
The fees established pursuant to this section d. of this article may include incentives for source and volume reduction and may be based on the hazard of the waste. Notwithstanding anything to the contrary in this compact, or in any state constitution, statute, or regulation to the extent that such fees are insufficient to pay for any costs associated with a regional facility, including all costs under section d. of this article, all party states and any other state or states whose generators use the regional facility, shall share liability for all such costs. However, there shall be no recovery from the states under section d. of this article until all available funds, payments, or in-kind services have been exhausted including:
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Designated low-level radioactive waste funds managed by the host state;
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payable proceeds of insurance or surety policies applicable to a regional facility;
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proceeds of reasonable collection efforts against the regional facility operator or operators; and
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payments from or in-kind services by generators.
In the event any regional facility operator files or has filed against it a bankruptcy proceeding, then for purposes of determining whether or not reasonable collection efforts have been undertaken, the filing of such proceedings if not dismissed within 60 days of filing shall be considered exhaustion of reasonable collection efforts with respect to such party. Recovery from the states under section d. of this article upon satisfaction of the exhaustion of available funds, payments, or in-kind services shall not preclude any state from further recovery of its costs from a facility operator, insurer or generator. During the period of time that such reasonable collection efforts or exhaustion of available funds, payments, or in-kind services occur, any applicable statutes of limitation with respect to claims against any other parties or states will be deemed tolled and will not run. All costs or liabilities shared by a state shall be shared proportionately by comparing the volume of the waste received at a regional facility from the generators of each state with the total volume of the waste received at a regional facility from all generators.
e. To the extent authorized by federal law, each party state is responsible for enforcing any applicable federal and state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders and shall adopt practices that will ensure that waste shipments originating within its borders and destined for a regional facility will conform to applicable packaging and transportation laws and regulations.
f. Each party state has the right to rely on the good faith performance of each other party state.
g. Unless authorized by the Commission, it shall be unlawful after January 1, 1986 for any person:
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To deposit at a regional facility, waste not generated within the region;
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to accept, at a regional facility, waste not generated within the region;
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to export from the region, waste which is generated within the region; and
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to transport waste from the site at which it is generated except to a regional facility.
ARTICLE IV. THE COMMISSION
a. There is hereby established the Central Interstate Low-Level Radioactive Waste Commission. The Commission shall consist of one voting member from each party state, except that each host state shall have two at-large voting members and one nonvoting member from the county in which the facility is located. All members shall be appointed according to the laws of each state. The appointing authority of each party state shall notify the Commission in writing of the identity of its member and any alternates. An alternate may act on behalf of the member only in the absence of such member. Each state is responsible for the expenses of its member of the Commission.
b. Except for the nonvoting member, each Commission member shall be entitled to one vote. Unless otherwise provided herein, no action of the Commission shall be binding unless a majority of the total voting membership casts its vote in the affirmative.
c. The Commission shall elect from among its membership a chairman. The Commission shall adopt and publish, in convenient form, bylaws and policies which are not inconsistent with this compact.
d. The Commission shall meet at least once a year and shall also meet upon the call of the chairman, by petition of a majority of the membership or upon the call of a host state member. All meetings of the Commission shall be open to the public with reasonable advance publicized notice given and such meetings shall be subject to those exceptions provided for within the open meetings laws of the host state. The Commission shall adopt bylaws that are consistent in scope and principle with the open meetings law of the host state, or if there is no host state, the open meetings law of the state in which the Commission headquarters are located.
e. The Commission may initiate any proceedings or appear as an intervenor or party in interest before any court of law, or any federal, state or local agency, board or commission that has jurisdiction over any matter arising under or relating to the terms of the provisions of this compact. The Commission shall determine in which proceedings it shall intervene or otherwise appear and may arrange for such expert testimony, reports, evidence or other participation in such proceedings as may be necessary to represent its views.
f. The Commission may establish such committees as it deems necessary for the purpose of advising the Commission on any and all matters pertaining to the management of waste.
g. The Commission may employ and compensate a staff limited only to those persons necessary to carry out its duties and functions. The Commission may also contract with and designate any person to perform necessary functions to assist the Commission. Unless otherwise required by acceptance of a federal grant the staff shall serve at the Commission's pleasure irrespective of the civil service, personnel or other merit laws of any of the party states or the federal government and shall be compensated from funds of the Commission.
h. Funding for the Commission shall be as follows:
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The Commission shall set and approve its first annual budget as soon as practicable after its initial meeting. Party states shall equally contribute to the Commission budget on an annual basis, an amount not to exceed $25,000 until surcharges are available for that purpose. Host states shall begin imposition of the surcharges provided for in this section as soon as practicable and shall remit to the Commission funds resulting from collection of such surcharges within 60 days of their receipt; and
-
each state hosting a regional facility shall annually levy surcharges on all users of such facilities, based on the volume and characteristics of wastes received at such facilities, the total of which:
(a) Shall be sufficient to cover the annual budget of the Commission; and
(b) shall be paid to the Commission, provided, however, that each host state collecting such surcharges may retain a portion of the collection sufficient to cover the administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the Commission.
i. The Commission shall keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of Commission funds and submit an audit report to the Commission. Such audit report shall be made a part of the annual report of the Commission required by this Article.
j. The Commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, supplies, materials and services, conditional or otherwise from any person and may receive, utilize and dispose of same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this section, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Commission.
k. 1. Except as otherwise provided herein, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any causal or other relationships. Generators, transporters of waste, owners and operators of facilities shall be liable for their acts, omissions, conduct or relationships in accordance with all laws relating thereto.
- The Commission herein established is a legal entity separate and distinct from the party states and shall be so liable for its actions. Liabilities of the Commission shall not be deemed liabilities of the party states. Members of the Commission shall not be personally liable for actions taken by them in their official capacity.
l. Any person or party state aggrieved by a final decision of the Commission may obtain judicial review of such decisions in the United States District Court in the District wherein the Commission maintains its headquarters by filing in such court a petition for review within 60 days after the Commission's final decision. Proceedings thereafter shall be in accordance with the rules of procedure applicable in such court.
m. The Commission shall:
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Receive and approve the application of a nonparty state to become a party state in accordance with Article VII;
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submit an annual report to, and otherwise communicate with, the governors and the presiding officers of the legislative bodies of the party states regarding the activities of the Commission;
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hear and negotiate disputes which may arise between the party states regarding this compact;
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require of and obtain from the party states, and nonparty states seeking to become party states, data and information necessary to the implementation of Commission and party states' responsibilities;
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approve the development and operation of regional facilities in accordance with Article V;
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notwithstanding any other provision of this compact, have the authority to enter into agreements with any person for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import or export waste requires the approval of the Commission, including the affirmative vote of any host state which may be affected;
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revoke the membership of a party state in accordance with Articles V and VII;
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require all party states and other persons to perform their duties and obligations arising under this compact by an appropriate action in any forum designated in section e. of Article IV; and
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take such action as may be necessary to perform its duties and functions as provided in this compact.
All files, records, and data of the Commission shall be open to reasonable public inspection, regardless of physical form, subject to those exceptions listed within the public records law of the host state. The Commission shall adopt bylaws relating to the availability of files, records, and data of the Commission that are consistent in scope and principle with the public records law of the host state or if there is no host state, the public records law of the state in which the Commission headquarters is located.
All decisions of the Commission regarding public meetings and public records issues shall be reviewable solely in a United States district court of a host state or if there is no host state then in the state in which the Compact Commission headquarters is located.
ARTICLE V. DEVELOPMENT AND OPERATION OF REGIONAL FACILITIES
a. Following the collection of sufficient data and information from the states, the Commission shall allow each party state the opportunity to volunteer as a host for a regional facility.
b. If no state volunteers or if no proposal identified by a volunteer state is deemed acceptable by the Commission, based on the criteria in section c. of this Article, then the Commission shall publicly seek applicants for the development and operation of regional facilities.
c. The Commission shall review and consider each applicant's proposal based upon the following criteria:
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The capability of the applicant to obtain a license from the applicable authority;
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the economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste;
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financial assurances;
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accessibility to all party states; and
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such other criteria as shall be determined by the Commission to be necessary for the selection of the best proposal, based on the health, safety and welfare of the citizens in the region and the party states.
d. The Commission shall make a preliminary selection of the proposal or proposals considered most likely to meet the criteria enumerated in section c. and the needs of the region.
e. Following notification of each party state of the results of the preliminary selection process, the Commission shall:
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Authorize any person whose proposal has been selected to pursue licensure of the regional facility or facilities in accordance with the proposal originally submitted to the Commission or as modified with the approval of the Commission; and
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require the appropriate state or states or the U.S. Nuclear Regulatory Commission to process all applications for permits and licenses required for the development and operation of any regional facility or facilities within a reasonable period from the time that a completed application is submitted.
f. The preliminary selection or selections made by the Commission pursuant to this Article shall become final and receive the Commission's approval as a regional facility upon the issuance of a license by the licensing authority. If a proposed regional facility fails to become licensed, the Commission shall make another selection pursuant to the procedures identified in this Article.
g. The Commission may by two-thirds affirmative vote of its membership, revoke the membership of any party state which, after notice and hearing shall be found to have arbitrarily or capriciously denied or delayed the issuance of a license or permit to any person authorized by the Commission to apply for such license or permit. Revocation shall be in the same manner as provided for in section e. of Article VII.
ARTICLE VI. OTHER LAWS AND REGULATIONS
a. Nothing in this compact shall be construed to:
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Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress;
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prevent the application of any law which is not otherwise inconsistent with this compact;
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prohibit or otherwise restrict the management of waste on the site where it is generated if such is otherwise lawful;
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affect any judicial or administrative proceeding pending on the effective date of this compact;
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alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions; and
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affect the generation or management of waste generated by the federal government or federal research and development activities.
b. No party state shall pass or enforce any law or regulation which is inconsistent with this compact.
c. All laws and regulations or parts thereof of any party state which are inconsistent with this compact are hereby declared null and void for purposes of this compact. Any legal right, obligation, violation or penalty arising under such laws or regulations prior to enactment of this compact shall not be affected.
d. No law or regulation of a party state or of any subdivision or instrumentality thereof may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated.
ARTICLE VII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION
a. This compact shall have as initially eligible parties the states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota and Oklahoma. Such initial eligibility shall terminate on January 1, 1984.
b. Any state may petition the Commission for eligibility. A petitioning state shall become eligible for membership in the compact upon the unanimous approval of the Commission.
c. An eligible state shall become a member of the compact and shall be bound by it after such state has enacted the compact into law. In no event shall the compact take effect in any state until it has been entered into force as provided for in section f. of this Article.
d. Any party state may withdraw from this compact by enacting a statute repealing the same. Unless permitted earlier by unanimous approval of the Commission, such withdrawal shall take effect five years after the governor of the withdrawing state has given notice in writing of such withdrawal to each governor of the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
e. Any party state which fails to comply with the terms of this compact or fulfill its obligations hereunder may, after notice and hearing, have its privileges suspended or its membership in the compact revoked by the Commission. Revocation shall take effect one year from the date such party state receives written notice from the Commission of its action. The Commission may require such party state to pay to the Commission, for a period not to exceed five years from the date of notice of revocation, an amount determined by the Commission based on the anticipated fees which the generators of such party state would have paid to each regional facility and an amount equal to that which such party state would have contributed in accordance with section d. of Article III, in the event of insufficient revenues. The Commission shall use such funds to ensure the continued availability of safe and economical waste management facilities for all remaining party states. Such state shall also pay an amount equal to that which such party state would have contributed to the annual budget of the Commission if such party state would have remained a member of the compact. All legal rights established under this compact of any party state which has its membership revoked shall cease upon the effective date of revocation; however, any legal obligations of such party state arising prior to the effective date of revocation shall not cease until they have been fulfilled. Written notice of revocation of any state's membership in the compact shall be transmitted immediately following the vote of the Commission, by the chairman, to the governor of the affected party state, all other governors of the party states and the Congress of the United States.
f. This compact shall become effective after enactment by at least three eligible states and after consent has been given to it by the Congress. The Congress shall have the opportunity to withdraw such consent every five years. Failure of the Congress to withdraw its consent affirmatively shall have the effect of renewing consent for an additional five-year period. The consent given to this compact by the Congress shall extend to any future admittance of new party states under sections b. and c. of this Article and to the power to ban the exportation of waste pursuant to Article III.
g. The withdrawal of a party state from this compact under section d. of this Article or the revocation of a state's membership in this compact under section e. of this Article shall not affect the applicability of this compact to the remaining party states.
h. This compact shall be terminated when all party states have withdrawn pursuant to section d. of this Article.
ARTICLE VIII. PENALTIES
a. Each party state, consistent with its own law, shall prescribe and enforce penalties against any person for violation of any provision of this compact.
b. Each party state acknowledges that the receipt by a regional facility of waste packaged or transported in violation of applicable laws and regulations can result in sanctions which may include suspension or revocation of the violator's right of access to the regional facility.
ARTICLE IX. SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. The provisions of this compact shall be liberally construed to give effect to the purpose thereof.
History: L. 1982, ch. 254, § 1; L. 1993, ch. 104, § 1; July 1.
§ 65-34a01a Same; effective date
This act shall take effect and be in force from and after the date upon which the appropriate authority of the state of Nebraska issues a license or permit for the operation of a low-level radioactive waste disposal facility in the state of Nebraska which is accessible to the members of the central interstate low-level radioactive waste compact, and its publication in the statute book.
History: L. 1993, ch. 104, § 3.
§ 65-34a02 Central interstate low-level radioactive waste compact; Kansas representative and alternate; compensation and expenses; staff assistance
(a) The member of the central interstate low-level radioactive waste commission representing the state of Kansas and the alternate to such member shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as a member or alternate member shall exercise any power, duty or function as a member or alternate member until confirmed by the senate. The member and alternate shall serve at the pleasure of the governor.
(b) Subject to the limitations of appropriations, the Kansas commission member and alternate, if not state employees, shall receive compensation in amounts established by the governor. In addition, when attending meetings of the commission or a subcommittee of the commission approved by the commission, the member and alternate shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(c) The department of health and environment and the attorney general shall provide clerical, technical and legal staff assistance as requested by the Kansas commission member or the member's alternate.
History: L. 1982, ch. 267, § 1; L. 1995, ch. 2, § 1; L. 2008, ch. 121, § 9; July 1.
§ 65-34a03 Repealed
History: L. 1982, ch. 267, § 2; Repealed, L. 1992, ch. 192, § 17; July 1.
§ 65-34a04 Same; corporation commission designated agency for rate review
For purposes of article III of the central interstate low-level radioactive waste compact, the state corporation commission is hereby designated as the rate-review agency for the state of Kansas.
History: L. 1982, ch. 267, § 3; July 1.
Article 35 Licensure of Adult Care Home Administrators
§ 65-3501 Definitions
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(a) "Adult care home" means nursing facility, nursing facilities for mental health, intermediate care facilities for people with intellectual disability, assisted living facility licensed for more than 60 residents and residential health care facility licensed for more than 60 residents as defined by K.S.A. 39-923, and amendments thereto, or by the rules and regulations of the licensing agency adopted pursuant to such section for which a license is required under article 9 of chapter 39 of the Kansas Statutes Annotated, and amendments thereto, except that the term "adult care home" shall not include a facility that is operated exclusively for the care and treatment of people with intellectual disability and is licensed for 16 or fewer beds.
(b) "Board" means the board of adult care home administrators established by K.S.A. 65-3506, and amendments thereto.
(c) "Administrator" means the individual directly responsible for planning, organizing, directing and controlling the operation of an adult care home.
(d) "Person" means an individual and does not include the term firm, corporation, association, partnership, institution, public body, joint stock association or any group of individuals.
(e) "Sponsor" means entities approved by the board to provide continuing education programs or courses on an ongoing basis under this act and in accordance with any rules and regulations promulgated by the board in accordance with this act.
History: L. 1970, ch. 265, § 1; L. 1975, ch. 328, § 1; L. 1978, ch. 255, § 1; L. 1979, ch. 203, § 1; L. 1992, ch. 322, § 12; L. 1995, ch. 143, § 2; L. 1998, ch. 200, § 1; L. 2012, ch. 91, § 43; July 1.
§ 65-3502 Adult care home administrator's license required; temporary licenses, limitation
From and after the effective date of this act, no adult care home in the state shall be operated unless it is under the supervision of an administrator who holds a currently valid adult care home administrator's license issued pursuant to this act. No person shall practice or offer to practice adult care home administration in this state or use any title, sign, card or device to indicate that the person is an adult care home administrator, unless such person shall have been duly licensed as an adult care home administrator as required by this act. The board may authorize, by rules and regulations, the issuance of a temporary license as an adult care home administrator in the event of an emergency to be effective for a period of 60 days. The temporary license fee shall be fixed by rules and regulations. Such temporary license may be extended for two consecutive sixty-day periods of time, but in no case shall a temporary license be maintained in effect for a period of time greater than 180 days.
History: L. 1970, ch. 265, § 2; L. 1975, ch. 328, § 3; L. 1976, ch. 278, § 1; L. 1993, ch. 64, § 1; July 1.
§ 65-3503 Duties of board of adult care home administrators; criminal history record information
(a) It shall be the duty of the board to:
(1) Develop, impose and enforce standards that shall be met by individuals in order to receive a license as an adult care home administrator and that shall be designed to ensure that adult care home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as adult care home administrators;
(2) develop examinations and investigations for determining whether an individual meets such standards;
(3) issue licenses to individuals who meet such standards, and revoke or suspend licenses issued by the board or reprimand, censure or otherwise discipline a person holding any such license as provided under K.S.A. 65-3508, and amendments thereto;
(4) establish and carry out procedures designed to ensure that individuals licensed as adult care home administrators comply with the requirements of such standards; and
(5) receive, investigate and take appropriate action under K.S.A. 65-3505, and amendments thereto, and rules and regulations adopted by the board with respect to any charge or complaint filed with the board to the effect that any person licensed as an adult care home administrator may be subject to disciplinary action under K.S.A. 65-3505 and 65-3508, and amendments thereto.
(b) The board shall also have the power to make rules and regulations, not inconsistent with law, as may be necessary for the proper performance of its duties, and to have subpoenas issued pursuant to K.S.A. 60-245, and amendments thereto, in the board's exercise of its power and to take such other actions as may be necessary to enable the state to meet the requirements set forth in section 1908 of the social security act, the federal rules and regulations promulgated thereunder and other pertinent federal authority.
(c) The board shall fix by rules and regulations the licensure fee, temporary license fee, renewal fee, late renewal fee, reinstatement fee, reciprocity fee, sponsorship fee, wall or wallet card license replacement fee, duplicate wall license fee for any administrator serving as administrator in more than one facility and, if necessary, an examination fee under this act. Such fees shall be fixed in an amount to cover the costs of administering the provisions of the act. No fee shall be more than $200. The secretary for aging and disability services shall remit all moneys received from fees, charges or penalties under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the health occupations credentialing fee fund created by K.S.A. 39-979, and amendments thereto.
(d) The board upon request shall receive from the Kansas bureau of investigation, without charge, such criminal history record information relating to criminal convictions as necessary for the purpose of determining initial and continuing qualifications of licensees of and applicants for licensure by the board in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
History: L. 1970, ch. 265, § 3; L. 1975, ch. 328, § 4; L. 1978, ch. 255, § 2; L. 1984, ch. 313, § 127; L. 1990, ch. 230, § 1; L. 1993, ch. 64, § 2; L. 1995, ch. 143, § 7; L. 1998, ch. 200, § 2; L. 2001, ch. 5, § 254; L. 2003, ch. 71, § 1; L. 2014, ch. 115, § 261; L. 2018, ch. 32, § 3; L. 2024, ch. 15, § 59; July 1.
§ 65-3504 Qualifications for admission to examination
(a) The board shall admit to examination for licensure as an adult care home administrator any candidate who pays a licensure and examination fee, if required, to the department for aging and disability services to be fixed by rules and regulations; submits evidence that such candidate is at least 18 years old; has completed preliminary education satisfactory to the board as prescribed in rules and regulations; and has met board established standards of good character, training and experience.
(b) Nothing in the provisions of article 35 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted pursuant thereto shall prohibit a candidate for licensure as an adult care home administrator who is a member of a recognized church or religious denomination whose religious teachings prohibit the acquisition of formal education which would qualify such candidate for examination as required by the board under subsection (a) from being admitted to examination under subsection (a) so long as such candidate otherwise meets the qualifications for admission to examination under subsection (a). A candidate for licensure as an adult care home administrator who qualifies to take the examination for licensure under this subsection (b), who passes the examination and who is licensed as an adult care home administrator shall engage in the practice of adult care home administration only in an adult care home which is owned and operated by such recognized church or religious denomination.
History: L. 1970, ch. 265, § 4; L. 1975, ch. 328, § 5; L. 1981, ch. 252, § 1; L. 1990, ch. 230, § 2; L. 1993, ch. 64, § 3; L. 2003, ch. 71, § 2; L. 2014, ch. 115, § 262; July 1.
§ 65-3505 Renewal of license; application, fee and evidence; reinstatement of license, fee; reciprocal relations with other states
(a) Every individual who holds a valid license as an administrator issued by the board shall apply to the board for renewal of such license in accordance with rules and regulations adopted by the board and report any facts requested by the board on forms provided for such purpose.
(b) Upon making an application for a renewal of license, such individual shall pay a renewal fee to be fixed by rules and regulations and shall submit evidence satisfactory to the board that during the period immediately preceding application for renewal the applicant has attended a program or course of study as provided by the rules and regulations of the board. Any individual who submits an application for a renewal of license within 30 days after the date of expiration shall also pay a late renewal fee fixed by rules and regulations. Any individual who submits an application for a renewal of license after the thirty-day period following the date of expiration shall be considered as having a license that has lapsed for failure to renew and shall be reissued a license only after the individual has been reinstated under subsection (d).
(c) Upon receipt of such application for renewal of license, the renewal fee and the evidence required, the board shall issue a license to such administrator.
(d) An administrator who has been duly licensed in this state, whose license has not been revoked or suspended, and whose license has expired because of temporary abandonment of the practice of nursing home administration, or has moved from the state, or for such other reason, may be licensed within the state upon complying with the provisions of this section for renewal of license, filing with the board an application, and submission of a renewal fee and reinstatement fee fixed by rules and regulations.
(e) The board may grant a license to any person who, at the time of application, is licensed as an adult care home administrator in another jurisdiction if the board determines:
(1) That the requirements of such jurisdiction for such licensure are substantially the equivalent of the requirements of this state; or that the applicant demonstrates on forms provided by the board continuous licensure as an adult care home administrator during the five years immediately preceding the application with at least the minimum professional experience during that time as established by rules and regulations of the board;
(2) that the candidate has not had disciplinary actions of a serious nature brought by a licensing board or agency; and
(3) that the applicant for a license under this subsection pays a reciprocity application fee and a reciprocity license fee established by the board by rules and regulations, neither of which shall exceed $200.
(f) The expiration date of each license issued or renewed shall be established by rules and regulations of the board. Subject to the provisions of this subsection each license shall be renewable on a biennial basis upon the filing of a renewal application prior to the expiration date of the license and upon payment of the renewal fee established pursuant to rules and regulations of the board. To provide for a system of biennial renewal of licenses the board may provide by rules and regulations that licenses issued or renewed for the first time after the effective date of this act may expire less than two years from the date of issuance or renewal. In each case in which a license is issued or renewed for a period of time less than two years, the board shall prorate to the nearest whole month the license or renewal fee established pursuant to rules and regulations. No proration shall be made under this subsection (f) on delinquent license renewals or on temporary licenses.
History: L. 1970, ch. 265, § 5; L. 1975, ch. 328, § 6; L. 1978, ch. 255, § 3; L. 1981, ch. 252, § 2; L. 1993, ch. 64, § 4; L. 2007, ch. 177, § 26; May 17.
§ 65-3506 Board of adult care home administrators; appointment of members; qualifications; term of office; meetings; final orders; compensation and expenses
(a) There is hereby established the board of adult care home administrators. The board shall be attached to the Kansas department for aging and disability services and shall be within the department as a part thereof. All budgeting, purchasing and related management functions of the board shall be administered under the direction and supervision of the secretary for aging and disability services. The department shall serve as the administrative agency of the board in all respects and shall perform such services and duties as it may be legally called upon to perform. The attorney for the board shall be an assistant attorney general appointed by the attorney general. The office of the attorney general shall serve as the enforcement agency for the board. All vouchers for expenditures and all payrolls of the board shall be approved by the chairperson of the board and by the secretary for aging and disability services.
(b) The board of adult care home administrators shall be composed of seven members appointed by the governor as follows:
(1) Two members shall be representatives of professions and institutions concerned with the care and treatment of chronically ill or infirm elderly patients;
(2) two members shall be consumer representatives who have no current or previous involvement in the financial affairs or as a member of the governing body of any adult care home or any association directly concerned with the regulation or licensure of adult care homes in the state; and
(3) three members shall be licensed in Kansas as licensed adult care home administrators, subject to the following requirements:
(A) (i) One such member shall be a representative of the not-for-profit adult care home industry in Kansas. At least 30 days prior to the expiration of such member's term, Leading Age Kansas, or the successor of such entity, shall submit at least one but not more than three names of persons of recognized ability and qualification to the governor, who may consider such list in making appointments to the board under subsection (b)(3);
(ii) one such member shall be a representative of the for-profit adult care home industry in Kansas. At least 30 days prior to the expiration of such member's term, the Kansas health care association, or the successor of such entity, shall submit at least one but not more than three names of persons of recognized ability and qualification to the governor, who may consider such list in making appointments to the board under subsection (b)(3); and
(iii) one such member shall be a representative of the professional association for the adult care home industry in Kansas. At least 30 days prior to the expiration of such member's term, the Kansas adult care executives association, or the successor of such entity, shall submit at least one but not more than three names of persons of recognized ability and qualification to the governor, who may consider such list in making appointments to the board under subsection (b)(3);
(B) all such members shall have been actively engaged in the administration of adult care homes within the state of Kansas for the three years immediately preceding appointment;
(C) all such members shall be actively engaged in the administration of adult care homes within the state of Kansas; and
(D) no such members shall have had or shall have any published disciplinary action taken by the board of adult care administrators against such members.
(c) No more than three members of the board may be licensed adult care home administrators. Members of the board, other than the licensed adult care home administrators, shall have no direct financial interest in adult care homes. Members of the board shall serve on the board for terms of three years or until otherwise disqualified from serving on the board. On the effective date of this act, the current expiration date of the term of office of each existing board member shall be extended by one year from such expiration date. On and after the effective date of this act, no member shall serve more than two consecutive terms. The provisions of article 35 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall not affect the office of any member of the board of adult care home administrators appointed prior to the effective date of this section. On and after the effective date of this act, as positions become vacant on the board, appointments shall be made in a manner so as to comply with the provisions of this section.
(d) Members of the board of adult care home administrators shall meet at such times as may be appropriate but in no case less than once each four months. The chairperson of the board shall be elected annually from among the members of the board. All final orders shall be in writing and shall be issued in accordance with the Kansas administrative procedure act.
(e) Members of the board who attend meetings of such board, or attend a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: L. 1975, ch. 328, § 2; L. 1980, ch. 194, § 1; L. 1988, ch. 352, § 2; L. 2001, ch. 197, § 3; L. 2003, ch. 71, § 3; L. 2006, ch. 157, § 1; L. 2012, ch. 113, § 1; L. 2014, ch. 115, § 263; July 1.
§ 65-3507 Transfer to board of powers, duties and functions relating to licensure and registration of administrators
(a) All of the powers, duties and functions of the secretary for aging and disability services granted by K.S.A. 65-3501 to 65-3505, inclusive, and amendments thereto, relating to the licensure and registration of skilled nursing home administrators, are transferred to and conferred and imposed upon the board of adult care home administrators established by K.S.A. 65-3506, and amendments thereto, except as otherwise provided by this act.
(b) Whenever the secretary for aging and disability services or the department for aging and disability services, or words of like effect, is referred to or designated by a contract or other document executed pursuant to the powers, duties and functions granted to the secretary for aging and disability services by K.S.A. 65-3501 to 65-3505, inclusive, and amendments thereto, such reference or designation shall be deemed to apply to the board of adult care home administrators established by K.S.A. 65-3506, and amendments thereto.
(c) All rules and regulations and all orders or directives of the secretary for aging and disability services adopted in administering the powers, duties and functions granted to such secretary by K.S.A. 65-3501 to 65-3505, inclusive, and amendments thereto, and in existence on the effective date of this act shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the board of adult care home administrators created by K.S.A. 65-3506, and amendments thereto, until revised, amended, repealed or nullified pursuant to law.
History: L. 1975, ch. 328, § 7; L. 2014, ch. 115, § 264; July 1.
§ 65-3508 Denial, revocation or suspension of license or temporary license or reprimand, censure or other discipline of adult care home administrator; grounds
The license of an adult care home administrator or the temporary license of an adult care home administrator may be denied, revoked or suspended or the adult care home administrator or a person holding a temporary license as an adult care home administrator may be reprimanded, censured or otherwise disciplined by the board, after notice and an opportunity for a hearing conducted by the board in accordance with the provisions of the Kansas administrative procedure act, if the adult care home administrator or person holding a temporary license as an adult care home administrator has:
(a) Failed to comply with the provisions of K.S.A. 65-3505, and amendments thereto, and continued to act as an adult care home administrator;
(b) substantially failed to conform to the requirements of the standards adopted under K.S.A. 65-3503, and amendments thereto;
(c) willfully or repeatedly violated any of the provisions of the law or rules and regulations of the licensing agency under the provisions of article 9 of chapter 39 of the Kansas Statutes Annotated;
(d) been convicted of a crime found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of an adult care home administrator;
(e) failed to provide overall management of nutrition, medications and treatments of residents, including the use of restraints, in accordance with acceptable medical practices;
(f) been convicted of the violation of any state or federal drug or narcotic law or any provision of the state or federal controlled substances act or habitually overindulged in alcohol or habitually misused controlled substances;
(g) been involved in aiding, abetting, sanctioning or condoning any violation of the law or rules and regulations under article 9 of chapter 39 of the Kansas Statutes Annotated;
(h) engaged in the practice of adult care home administration in violation of subsection (b) of K.S.A. 65-3502, and amendments thereto;
(i) misrepresented or omitted a material fact on an application for licensure or in any other communication with the board;
(j) had disciplinary action taken against an adult care home administrator's license issued by another state or jurisdiction; or
(k) had disciplinary action taken against such adult care home administrator on a professional or occupational health care license, mental health care license or social worker license issued by this state or by another state or jurisdiction.
History: L. 1978, ch. 255, § 4; L. 1984, ch. 313, § 128; L. 1990, ch. 230, § 3; L. 2003, ch. 71, § 4; L. 2006, ch. 157, § 2; July 1.
Article 36 Marijuana Control
§§ 65-3601, 65-3602 Repealed
History: L. 1970, ch. 266, §§ 1, 2; Repealed, L. 1975, ch. 329, § 2; July 1.
§ 65-3603 Repealed
History: L. 1970, ch. 266, § 3; L. 1974, ch. 348, § 31; Repealed, L. 1975, ch. 329, § 2; July 1.
§§ 65-3604 through 65-3606 Repealed
History: L. 1970, ch. 266, §§ 4 to 6; Repealed, L. 1975, ch. 329, § 2; July 1.
§ 65-3607 Steering committee abolished
The marijuana control steering committee is hereby abolished.
History: L. 1975, ch. 329, § 1; July 1.
Article 37 Human Blood
§ 65-3701 Human blood; nature of supplying; liability
The procuring, furnishing, donating, processing, distributing or using human whole blood, plasma, blood products, blood derivatives and products for the purpose of injecting or transfusing any of them in the human body is declared for all purposes to be the rendition of a service by every person, firm or corporation participating therein, whether or not any remuneration is paid therefor, and is declared not to be a sale of any such items and no warranties of any kind or description shall be applicable thereto. No such person, firm or corporation participating in rendering such services shall be liable for damages unless negligence is proven.
History: L. 1971, ch. 215, § 1; July 1.
Article 38 Safety Materials
§ 65-3801 Safety glazing materials; definitions
As used in this act: (a) "safety glazing material" means any glazing material, including but not limited to tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the American national standards institute standard ANSI Z-97.1-1972 and which is so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.
(b) "Hazardous locations" means:
(1) Those structural elements, glazed or to be glazed, in residential, industrial, commercial and public buildings, commonly known as interior and exterior framed or unframed glass entrance doors;
(2) Those structural elements, glazed or to be glazed, in residential buildings and other structures used as dwellings, industrial buildings, commercial buildings and public buildings, commonly known as sliding glass doors, including both fixed and sliding panels, storm doors, shower doors, bathtub enclosures and those fixed glazed panels immediately adjacent to framed and unframed entrance and exit doors.
(c) "Fixed glazed panels immediately adjacent to" means the first, fixed glazed panel on either or both sides of the door, not more than forty-eight (48) inches or less than eighteen (18) inches in width, but shall not include any glass panel more than eighteen (18) inches above the floor.
(d) "Residential building" means any building or structure or part thereof used and occupied for human habitation or intended to be so used, but such term shall not include single family dwellings.
History: L. 1974, ch. 198, § 1; L. 1974, ch. 199, § 1; January 1, 1975.
§ 65-3802 Same; labeling; information
(a) Each light of safety glazing material installed in a hazardous location within the state shall have attached a transparent label which shall identify the labeler, whether the manufacturer or installer, and state that "safety glazing material" has been utilized in such installation. The label shall be legible and visible from the inside of the building after installation and shall specify that the label shall not be removed.
(b) Such safety glazing labeling shall not be used on other than safety glazing materials.
History: L. 1974, ch. 198, § 2; January 1, 1975.
§ 65-3803 Same; unlawful acts
It shall be unlawful within this state to knowingly install, cause to be installed or consent to the installation of glazing materials other than safety glazing materials in any hazardous location.
History: L. 1974, ch. 198, § 3; January 1, 1975.
§ 65-3804 Same; penalty; exception to liability
Any person who violates any provision of this act shall be guilty of a class C misdemeanor, except that no liability under this act shall be created as to any person who is an employee of a contractor, subcontractor or other employer responsible for compliance with this act.
History: L. 1974, ch. 198, § 4; January 1, 1975.
§§ 65-3805, 65-3806 Repealed
History: L. 1975, ch. 309, §§ 1, 2; Repealed, L. 1976, ch. 270, § 9; May 8.
Article 40 Alcoholism and Intoxication Treatment
§ 65-4001 Purpose of act
It shall be the purpose of this act to provide for the development, establishment and enforcement of standards:
(1) For the care and treatment of individuals in public and private treatment facilities as defined herein;
(2) for the construction, maintenance and operation of public and private treatment facilities as defined herein, which will promote safe and adequate treatment of such individuals in alcohol or other drug treatment facilities.
History: L. 1972, ch. 241, § 1; L. 1982, ch. 268, § 1; L. 2007, ch. 95, § 1; July 1.
§ 65-4002 Repealed
History: L. 1972, ch. 241, § 2; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4003 Repealed
History: L. 1972, ch. 241, § 3; L. 1975, ch. 330, § 1; L. 1976, ch. 279, § 4; L. 1976, ch. 151, § 8; L. 1978, ch. 256, § 1; L. 1981, ch. 353, § 8; L. 1982, ch. 268, § 3; L. 1984, ch. 242, § 1; L. 1986, ch. 299, § 11; L. 1996, ch. 235, § 6; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-4003a through 65-4003c Repealed
History: L. 1975, ch. 330, §§ 2 to 4; Repealed, L. 1978, ch. 256, § 7; July 1.
§ 65-4003d Repealed
History: L. 1972, ch. 241, § 3; L. 1975, ch. 330, § 1; L. 1976, ch. 279, § 4; L. 1976, ch. 151, § 8; L. 1978, ch. 256, § 1; L. 1981, ch. 353, § 8; L. 1982, ch. 268, § 3; L. 1984, ch. 241, § 1; Repealed, L. 1986, ch. 299, § 44; June 1.
§ 65-4004 Repealed
History: L. 1972, ch. 241, § 4; L. 1974, ch. 348, § 32; L. 1975, ch. 330, § 5; L. 1978, ch. 256, § 2; Repealed, L. 1981, ch. 353, § 11; July 1.
§ 65-4005 Repealed
History: L. 1972, ch. 241, § 5; L. 1975, ch. 330, § 6; L. 1978, ch. 256, § 3; Repealed, L. 1981, ch. 353, § 11; July 1.
§ 65-4006 Powers of secretary
The secretary may:
(1) Plan for, establish, amend, and revise standards for treatment programs as necessary or desirable;
(2) make contracts necessary or incidental to the performance of the secretary's duties and the execution of the secretary's powers;
(3) solicit and accept for use any gift of money or property, real or personal, made by will or otherwise, and any grant of money, services or property from the federal government, the state or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;
(4) administer or supervise the administration of the provisions relating to persons with alcohol or other drug addiction of any state plan submitted for federal funding pursuant to federal health, welfare or treatment legislation;
(5) coordinate its activities and cooperate with treatment facilities for alcohol or other drug addiction programs in this and other states, and make contracts and other joint or cooperative arrangements with state, local or private agencies in this and other states for the treatment of persons with alcohol or other drug addiction and for the common advancement of treatment facilities;
(6) keep records, gather relevant statistics and make and disseminate analysis of same;
(7) do other acts and things necessary to execute the authority expressly granted to the secretary.
History: L. 1972, ch. 241, § 6; L. 1975, ch. 330, § 7; L. 2007, ch. 95, § 3; July 1.
§ 65-4007 Duties of secretary
(a) The duties of the secretary shall be to:
(1) Develop, encourage and foster statewide, regional and local plans and programs for the prevention and treatment of persons with alcohol or other drug addiction in cooperation with public and private agencies, organizations and individuals and provide technical assistance and consultation services for these purposes;
(2) coordinate the efforts and enlist the assistance of all interested public and private agencies, organizations and individuals in the prevention and treatment of persons with alcohol and other drug addiction;
(3) cooperate with the secretary of corrections and the Kansas adult authority in establishing and conducting programs to provide treatment for persons with alcohol or other drug addiction in or on parole from penal institutions;
(4) cooperate with the department of education, boards of education, schools, police departments, courts and other public and private agencies, organizations and individuals in establishing programs for the prevention and treatment of persons with alcohol and other drug addiction and preparing curriculum materials thereon for use at all levels of education;
(5) prepare, publish, evaluate and disseminate educational material dealing with the nature and effects of alcohol or other drug addiction;
(6) develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of persons with alcohol or other drug addiction, which program shall include the dissemination of information concerning the nature and effects of alcohol or other drugs;
(7) organize and foster training programs for all persons engaged in treatment of persons with alcohol or other drug addiction;
(8) sponsor and encourage research into the causes and nature of addiction and the treatment of persons with alcohol or other drug addiction and serve as a clearing house for information relating to alcohol or other drug addiction;
(9) specify uniform methods for keeping statistical information by public and private agencies, organizations and individuals and collect and make available relevant statistical information, including number of persons treated, frequency of admission and readmission and frequency, duration and nature of treatment;
(10) advise the governor in the preparation of a comprehensive plan for treatment of persons with alcohol or other drug addiction for inclusion in the state's comprehensive health plan;
(11) review all state health, welfare and treatment plans to be submitted for federal funding under federal legislation and advise the governor on provisions to be included relating to addiction and treatment of persons with alcohol or other drug addiction;
(12) assist in the development of, and cooperate with, alcohol and drug addiction education and treatment programs for employees of state and local governments and businesses and industries in the state;
(13) utilize the support and assistance of interested persons in the community, to encourage persons in alcohol or other drug addiction voluntarily to undergo treatment;
(14) cooperate with the superintendent of the Kansas highway patrol and secretary of transportation in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while under the influence of alcohol or other drugs;
(15) encourage medical care facilities to admit, without discrimination, persons under the influence of alcohol or other drugs and to provide them with adequate and appropriate treatment within their capabilities;
(16) encourage all health and disability insurance programs to include addiction to alcohol or other drugs as a covered illness; and
(17) submit to the governor and the legislature an annual report covering the activities of the Kansas citizens' committee on alcohol and other drug abuse.
(b) The secretary is the state agency responsible for the prevention and treatment of alcohol or other drug addiction for the state of Kansas and may accept and disburse any moneys available from the federal government for such purpose, in accordance with appropriation acts of this state.
History: L. 1972, ch. 241, § 7; L. 1975, ch. 330, § 8; L. 1975, ch. 427, § 67; L. 1978, ch. 256, § 4; L. 1981, ch. 353, § 9; L. 2007, ch. 95, § 4; July 1.
§ 65-4008 Repealed
History: L. 1972, ch. 241, § 8; Repealed, L. 1975, ch. 330, § 27; July 1.
§ 65-4009 Repealed
History: L. 1972, ch. 241, § 9; L. 1974, ch. 403, § 1; Repealed, L. 1975, ch. 330, § 27; July 1.
§ 65-4010 Repealed
History: L. 1972, ch. 241, § 10; L. 1974, ch. 348, § 33; L. 1975, ch. 416, § 7; Repealed, L. 1975, ch. 331, § 1; L. 1975, ch. 330, § 27; July 1.
§ 65-4011 Duties of secretary; comprehensive program for treatment; regional organization; list of approved treatment facilities
(a) The secretary shall establish a comprehensive and coordinated plan for the prevention and treatment of persons with alcohol or other drug addiction. The secretary shall divide the state into appropriate regions for the conduct of the plan and establish standards for the development of the plan on the regional level. In establishing the regions, consideration shall be given to any existing regional organization being utilized by other state agencies engaged in the delivery of health care.
(b) The plan of the secretary shall include:
(1) Emergency treatment provided by a facility affiliated with or part of the medical service of a general hospital;
(2) inpatient treatment;
(3) intermediate treatment;
(4) outpatient and after care treatment; and
(5) prevention education and training.
(c) The secretary shall prepare, publish and distribute annually a list of all public and private treatment facilities.
History: L. 1972, ch. 241, § 11; L. 1975, ch. 330, § 9; L. 1982, ch. 268, § 4; L. 2007, ch. 95, § 5; July 1.
§ 65-4012 Licensure of treatment facilities
(a) No person or governmental unit acting severally or jointly with any other person or governmental unit shall establish or operate a public or private treatment facility in this state without a license under this law.
(b) Violation of this section is a class C misdemeanor.
History: L. 1972, ch. 241, § 12; L. 1996, ch. 235, § 7; L. 2007, ch. 95, § 6; July 1.
§ 65-4013 Application for license; rules and regulations; fees
(a) An application for a license to establish, conduct, manage or operate a treatment facility shall be made to the secretary upon forms provided by the secretary and shall contain such information as the secretary may require, which may include affirmative evidence of ability to comply with such reasonable standards and rules and regulations as are lawfully adopted pursuant to this act. All applications must be accompanied by an application fee not to exceed $100 as fixed by the secretary by rules and regulations. The application fee in effect under this section on the day preceding the effective date of this act shall continue in effect until the secretary fixes a different application fee by rules and regulations.
(b) The secretary of health and environment may adopt rules and regulations with regard to the health standards which must be maintained by treatment facilities and may enforce such rules and regulations in accordance with the authority granted the secretary of health and environment under K.S.A. 65-425 et seq., and amendments thereto. If the rules and regulations of the secretary of health and environment establish such standards, an application under this section shall be accompanied by certification from the secretary of health and environment that the applicant has met the requirements established by such rules and regulations.
History: L. 1972, ch. 241, § 13; L. 1975, ch. 330, § 10; L. 1976, ch. 280, § 24; L. 1976, ch. 279, § 1; L. 1979, ch. 191, § 16; L. 1985, ch. 208, § 6; L. 1987, ch. 243, § 1; L. 1996, ch. 235, § 8; L. 2007, ch. 95, § 7; July 1.
§ 65-4014 Issuance or renewal of license; fees; term of license; rules and regulations
(a) The secretary shall issue a license if the applicant meets the minimum requirements established by or pursuant to this act for a treatment facility. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the secretary. Licenses shall be posted in a conspicuous place on the licensed premises.
(b) (1) The secretary may renew a license at the end of one, two or three years depending upon a facility's level of compliance with the rules and regulations adopted by the secretary pursuant to K.S.A. 65-4016, and amendments thereto.
(2) Programs and treatments provided by a treatment facility that have been licensed by the secretary for aging and disability services and that have also been accredited by the commission on accreditation of rehabilitation services, the joint commission or the council on accreditation or another national accrediting body approved by the Kansas department for aging and disability services shall be granted a license based on such accreditation.
(A) The Kansas department for aging and disability services shall inspect accredited treatment facilities to determine compliance with state licensing standards and rules and regulations not covered by the accrediting entity's standards. Treatment facilities receiving accreditation shall continue to be subject to inspections and investigations from complaints.
(B) In the event that an accredited treatment facility loses its accreditation, the treatment facility shall immediately notify the Kansas department for aging and disability services.
History: L. 1972, ch. 241, § 14; L. 1975, ch. 330, § 11; L. 1987, ch. 243, § 2; L. 1996, ch. 235, § 9; L. 2007, ch. 95, § 8; L. 2018, ch. 9, § 1; July 1.
§ 65-4015 Denial, suspension or revocation of license; notice and hearing; judicial review
The secretary, after notice and opportunity for hearing to the applicant or licensee, may deny, suspend or revoke a license if the secretary finds that there has been a substantial failure to comply with the requirements established under this act. Such notice shall fix a date, not less than 30 days from the date of such notice, at which the applicant or licensee shall be given an opportunity for a hearing.
Hearings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
Any action of the secretary under this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1972, ch. 241, § 15; L. 1975, ch. 330, § 12; L. 1986, ch. 318, § 108; L. 1988, ch. 356, § 212; L. 1996, ch. 235, § 10; L. 2010, ch. 17, § 157; July 1.
§ 65-4016 Rules and regulations; selection of employees
The secretary shall adopt rules and regulations with respect to treatment facilities to be licensed and designed to further the accomplishment of the purposes of this law in promoting a safe and adequate treatment program for individuals in treatment facilities in the interest of public health, safety and welfare. Boards of trustees or directors of institutions licensed under this act shall have the right to select the professional staff members of such institutions and to select and employ interns, nurses and other personnel.
History: L. 1972, ch. 241, § 16; L. 1975, ch. 330, § 13; L. 1976, ch. 279, § 2; L. 1992, ch. 184, § 6; L. 1994, ch. 14, § 1; L. 1996, ch. 235, § 11; L. 2016, ch. 92, § 85; July 1.
§ 65-4017 Time for compliance with rules, regulations and standards
Any treatment facility which is in operation at the time of adoption of rules and regulations or minimum standards under this act shall be given a reasonable time, under the particular circumstances not to exceed two years from the date of such adoption to comply with such rules and regulations and minimum standards.
History: L. 1972, ch. 241, § 17; L. 1996, ch. 235, § 12; October 1.
§ 65-4018 Inspections and investigations; rules and regulations concerning facility alteration or construction; preliminary inspections; consultations
The secretary shall make or cause to be made inspections and investigations as the secretary deems necessary. A licensee shall be inspected at least once each licensing period. The secretary may adopt rules and regulations that any licensee or applicant desiring to make specified types of alteration or additions to its facilities or to construct new facilities shall before commencing such alteration, addition or new construction, submit plans and specifications therefor to the secretary of health and environment for preliminary inspection and approval or recommendations with respect to compliance with the standards and rules and regulations authorized by Kansas statutes. Necessary conferences and consultations may be provided.
History: L. 1972, ch. 241, § 18; L. 1975, ch. 330, § 14; L. 1987, ch. 243, § 3; L. 1996, ch. 235, § 13; October 1.
§ 65-4019 Information confidential
Information received by the secretary through filed reports, inspections, or as otherwise authorized under this act, shall not be disclosed in such manner as to identify any individual, except in a proceeding involving the question of licensure or pursuant to an order by a court of competent jurisdiction.
History: L. 1972, ch. 241, § 19; L. 1975, ch. 330, § 15; July 1.
§ 65-4020 Repealed
History: L. 1972, ch. 241, § 20; L. 1975, ch. 330, § 16; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4021 Repealed
History: L. 1972, ch. 241, § 21; Repealed, L. 1975, ch. 330, § 27; July 1.
§ 65-4022 Repealed
History: L. 1972, ch. 241, § 22; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4023 Injunction
Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain an action in the name of the state for an injunction or other process against any person or governmental unit to restrain or prevent the establishment or operation of a treatment facility without a license under this law.
History: L. 1972, ch. 241, § 23; L. 1975, ch. 330, § 17; L. 1976, ch. 279, § 3; L. 2007, ch. 95, § 10; July 1.
§ 65-4024 Acceptance for treatment; rules and regulations; standards
The secretary shall adopt rules and regulations for acceptance of persons into a licensed treatment facility. In adopting rules and regulations the secretary shall be guided by the following:
(1) If possible a person shall be treated on a voluntary rather than an involuntary basis.
(2) A person shall be assessed to determine the appropriateness of the treatment and shall receive treatment in the least restrictive treatment environment possible.
(3) A person shall not be denied treatment solely because such person has withdrawn from treatment against medical advice on a prior occasion or because such person has relapsed after earlier treatment.
(4) An individualized treatment plan shall be prepared and maintained on a current basis for each person.
(5) Provisions shall be made for a continuum of coordinated treatment services, so a person who leaves a facility or a form of treatment will have available other appropriate treatment.
History: L. 1972, ch. 241, § 24; L. 1975, ch. 330, § 18; L. 1996, ch. 235, § 14; L. 2007, ch. 95, § 12; July 1.
§ 65-4024a Definitions
As used in this act:
(a) "Act" means the alcohol or other drug addiction treatment act.
(b) "Alcohol or other drug addiction" means a pattern of substance use, leading to significant impairment or distress, manifested by three or more of the following occurring at any time in the same 12-month period:
(1) Tolerance, defined as: (A) A need for markedly increased amounts of the substance to achieve intoxication or desired effect; or (B) a markedly diminished effect with continued use of the same amount of substance;
(2) withdrawal, as manifested by either of the following: (A) The characteristic withdrawal syndrome for the substance; or (B) the same or a closely related substance is taken to relieve or avoid withdrawal symptoms;
(3) the substance is often taken in larger amounts or over a longer period than was intended;
(4) there is a persistent desire or unsuccessful efforts to cut down or control substance use;
(5) a great deal of time is spent in activities necessary to obtain the substance, use the substance or recover from its effects;
(6) important social, occupational or recreational activities are given up or reduced because of substance use;
(7) the substance use is continued despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by the substance.
(c) "Care or treatment" means such necessary services as are in the best interests of the physical and mental health of the patient.
(d) "Committee" means the Kansas citizens committee on alcohol and other drug abuse.
(e) "Department" means the Kansas department for aging and disability services.
(f) "Designated state funded assessment center" or "assessment center" means a treatment facility designated by the secretary.
(g) "Discharge" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(h) "Government unit" means any county, municipality or other political subdivision of the state; or any department, division, board or other agency of any of the foregoing.
(i) "Head of the treatment facility" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(j) "Incapacitated by alcohol" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(k) "Intoxicated individual" means an individual who is under the influence of alcohol or drugs or both.
(l) "Law enforcement officer" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(m) "Licensed addiction counselor" means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed by the behavioral sciences regulatory board. Such person shall engage in the practice of addiction counseling in a state-licensed or certified alcohol and other drug treatment program or while completing a Kansas domestic violence offender assessment for participants in a certified batterer intervention program pursuant to K.S.A. 75-7d01 through 75-7d13, and amendments thereto, unless otherwise exempt from licensure under K.S.A.
59-29b46(n), and amendments thereto.
(n) "Licensed clinical addiction counselor" means a person who engages in the independent practice of addiction counseling and diagnosis and treatment of substance use disorders specified in the edition of the American psychiatric association's diagnostic and statistical manual of mental disorders (DSM) designated by the board by rules and regulations and is licensed by the behavioral sciences regulatory board.
(o) "Licensed master's addiction counselor" means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under this act. Such person may diagnose substance use disorders only under the direction of a licensed clinical addiction counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of substance abuse disorders or mental disorders.
(p) "Patient" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(q) "Private treatment facility" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(r) "Public treatment facility" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(s) "Treatment" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(t) "Treatment facility" means the same as defined in K.S.A.
59-29b46, and amendments thereto.
(u) "Secretary" means the secretary for aging and disability services.
History: L. 2007, ch. 95, § 2; L. 2014, ch. 115, § 265; L. 2016, ch. 92, § 86; July 1.
§ 65-4024b Remittance of moneys received from licensing fees
The secretary shall remit all moneys received from fees for licensing alcohol or other drug treatment facilities 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the other state fees fund of the Kansas department for aging and disability services.
History: L. 2007, ch. 95, § 9; L. 2011, ch. 53, § 34; L. 2014, ch. 115, § 266; July 1.
§ 65-4024c Rules and regulations; authority of secretary validated
(a) The rules and regulations adopted by the secretary under K.S.A. 65-4001 through 65-4024, and amendments thereto, or K.S.A. 65-4601 through 65-4611, and amendments thereto, and in effect on the day preceding the effective date of this act are hereby specifically continued in full force and effect on the effective date of this act as duly adopted rules and regulations subject to amendment and revocation under the provisions of this act.
(b) Each license issued by the secretary under K.S.A. 65-4603, prior to that statute's repeal on the effective date of this act, shall continue to be effective as a license for the treatment facility for which it was issued and for the license period for which it was issued, shall be subject to being suspended or revoked in accordance with the provisions of this act, and may be renewed in accordance with the provisions of this act.
(c) For the period commencing on July 1, 1998, and ending on the effective date of this act, any action taken by the secretary of the department of social and rehabilitation services in the performance of any duty assigned to the secretary by K.S.A. 65-4001, 65-4002, 65-4006, 65-4007, 65-4011 through 65-4020 and 65-4022 through 65-4024, and amendments thereto, shall be deemed to have been authorized and done in compliance with the provisions of such statutes in existence at the time of the performance of such duty and the performance of such duty is hereby validated.
History: L. 2007, ch. 95, § 14; July 1.
§ 65-4024d Citation of act
K.S.A. 65-4001, 65-4006, 65-4007, 65-4011 through 65-4019, 65-4023, 65-4024, and K.S.A. 65-4024a through 65-4024d, and amendments thereto, shall be known and may be cited as the alcohol or other drug addiction treatment act.
History: L. 2007, ch. 95, § 13; L. 2007, ch. 195, § 1; July 1.
§ 65-4025 Repealed
History: L. 1972, ch. 241, § 25; L. 1975, ch. 330, § 19; L. 1982, ch. 268, § 5; L. 1984, ch. 242, § 2; L. 1996, ch. 235, § 15; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4026 Repealed
History: L. 1972, ch. 241, § 26; L. 1982, ch. 268, § 6; L. 1996, ch. 235, § 16; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4027 Repealed
History: L. 1972, ch. 241, § 27; L. 1976, ch. 145, § 216; L. 1982, ch. 268, § 7; L. 1984, ch. 242, § 3; L. 1996, ch. 235, § 17; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4028 Repealed
History: L. 1972, ch. 241, § 28; L. 1976, ch. 145, § 217; L. 1982, ch. 268, § 8; L. 1984, ch. 242, § 4; L. 1996, ch. 235, § 18; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4029 Repealed
History: L. 1972, ch. 241, § 29; L. 1982, ch. 268, § 20; Repealed, L. 1984, ch. 242, § 17; July 1.
§ 65-4030 Repealed
History: L. 1972, ch. 241, § 30; L. 1976, ch. 145, § 218; L. 1982, ch. 268, § 21; L. 1984, ch. 242, § 5; L. 1996, ch. 235, § 19; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4031 Repealed
History: L. 1972, ch. 241, § 31; L. 1976, ch. 145, § 219; L. 1982, ch. 268, § 9; L. 1984, ch. 242, § 6; L. 1996, ch. 235, § 20; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4032 Repealed
History: L. 1972, ch. 241, § 32; L. 1976, ch. 145, § 220; L. 1977, ch. 105, § 20; L. 1984, ch. 242, § 7; L. 1996, ch. 235, § 21; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4033 Repealed
History: L. 1972, ch. 241, § 33; L. 1976, ch. 145, § 221; L. 1982, ch. 268, § 10; L. 1984, ch. 242, § 8; L. 1996, ch. 235, § 22; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4034 Repealed
History: L. 1972, ch. 241, § 34; L. 1976, ch. 145, § 222; L. 1984, ch. 242, § 9; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4035 Repealed
History: L. 1972, ch. 241, § 35; L. 1980, ch. 182, § 29; L. 1982, ch. 268, § 22; L. 1984, ch. 242, § 10; L. 1996, ch. 235, § 23; Repealed, L. 1998, ch. 147, § 1; July 1.
§§ 65-4036, 65-4037 Repealed
History: L. 1972, ch. 241, §§ 36, 37; L. 1982, ch. 268, §§ 11, 12; L. 1984, ch. 242, §§ 11, 12; L. 1996, ch. 235, §§ 24, 25; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4038 Repealed
History: L. 1972, ch. 241, § 38; L. 1975, ch. 330, § 20; L. 1982, ch. 268, § 23; L. 1996, ch. 235, § 26; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4039 Repealed
History: L. 1972, ch. 241, § 39; L. 1982, ch. 268, § 13; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4040 Repealed
History: L. 1972, ch. 241, § 40; L. 1982, ch. 268, § 14; L. 1996, ch. 235, § 27; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4041 Repealed
History: L. 1972, ch. 241, § 41; L. 1976, ch. 145, § 223; L. 1978, ch. 105, § 21; L. 1982, ch. 239, § 2; L. 1982, ch. 268, § 24; L. 1984, ch. 242, § 13; L. 1996, ch. 235, § 28; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4042 Repealed
History: L. 1972, ch. 241, § 42; L. 1976, ch. 145, § 224; L. 1982, ch. 268, § 15; L. 1984, ch. 242, § 14; L. 1996, ch. 235, § 29; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4043 Repealed
History: L. 1972, ch. 241, § 43; L. 1975, ch. 330, § 21; L. 1982, ch. 268, § 16; L. 1995, ch. 234, § 16; L. 1996, ch. 235, § 30; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4044 Repealed
History: L. 1972, ch. 241, § 44; L. 1976, ch. 145, § 225; L. 1982, ch. 268, § 25; L. 1996, ch. 235, § 31; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4045 Repealed
History: L. 1972, ch. 241, § 45; L. 1982, ch. 268, § 17; L. 1996, ch. 235, § 32; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4046 Repealed
History: L. 1972, ch. 241, § 46; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4047 Repealed
History: L. 1972, ch. 241, § 47; L. 1982, ch. 268, § 26; L. 1984, ch. 242, § 15; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4048 Repealed
History: L. 1972, ch. 241, § 48; L. 1975, ch. 330, § 22; L. 1982, ch. 268, § 27; L. 1996, ch. 235, § 33; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4049 Repealed
History: L. 1972, ch. 241, § 49; L. 1982, ch. 268, § 28; L. 1996, ch. 235, § 34; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4050 Repealed
History: L. 1972, ch. 241, § 50; L. 1975, ch. 330, § 23; L. 1976, ch. 145, § 226; L. 1978, ch. 256, § 5; L. 1981, ch. 353, § 10; L. 1982, ch. 268, § 18; L. 1996, ch. 235, § 35; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-4051, 65-4052 Repealed
History: L. 1972, ch. 241, §§ 51, 52; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4053 Repealed
History: L. 1972, ch. 241, § 53; L. 1975, ch. 330, § 24; L. 1976, ch. 145, § 227; L. 1984, ch. 242, § 16; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4054 Repealed
History: L. 1972, ch. 241, § 54; L. 1976, ch. 145, § 228; L. 1982, ch. 268, § 19; L. 1996, ch. 235, § 36; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4055 Repealed
History: L. 1972, ch. 241, § 55; L. 1975, ch. 330, § 25; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4056 Repealed
History: L. 1972, ch. 241, § 56; L. 1975, ch. 330, § 26; L. 1982, ch. 268, § 29; L. 1996, ch. 235, § 37; Repealed, L. 2007, ch. 95, § 17; July 1.
§§ 65-4057, 65-4058 Repealed
History: L. 1972, ch. 241, §§ 57, 58; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-4059 Cities and counties prohibited from adopting certain enactments relating to intoxicated persons; exceptions
No county or city shall adopt any local law, ordinance, resolution or regulation having the force of law rendering public intoxication by alcohol in and of itself or being a common drunkard or being found in enumerated places in an intoxicated condition, an offense, a violation, or the subject of criminal penalties. Nothing herein contained shall affect any laws, ordinances, resolutions or regulations against drunken driving, driving under the influence of alcohol, or other similar offenses that involve the operation of motor vehicles, machinery or other hazardous equipment.
History: L. 1977, ch. 211, § 1; July 1.
§ 65-4060 County alcohol and drug program; creation; procedure; levy
(a) The board of county commissioners of any county may levy an annual tax not to exceed 1 mill on all taxable tangible property within the county, but such levy shall not exceed that amount which shall generate annually revenue in excess of $50,000 for the purpose of financing special county alcohol and drug programs. In any year in which the board of county commissioners elects to commence to levy the tax authorized by this section, it shall adopt a resolution stating its intent to levy the tax and the purpose therefor. The resolution shall be published once each week for two consecutive weeks in a newspaper of general circulation in the county. If within 30 days next following the date of the last publication of such resolution a petition signed by at least 5% of the qualified voters of the county is filed with the county election officer requesting an election thereon, no such levy shall be made without such proposition having first been submitted to and approved by a majority of the qualified voters of the county voting at an election held thereon. The election shall be called and held in the manner provided by the general bond law.
(b) If a petition signed by at least 5% of the qualified voters of a county is filed with the county election officer requesting an election on the question of whether a tax not to exceed one mill on all taxable tangible property within the county, but not to exceed that amount which shall generate annually revenue in excess of $50,000 shall be levied for the purpose of establishing a special alcohol and drug programs fund, the board of county commissioners of such county shall submit the proposition to the qualified voters of the county at an election thereon. The election shall be called and held in the manner provided by the general bond law. If such proposition is approved by a majority of such voters voting thereon, the board of county commissioners shall levy a tax for such purpose.
(c) All moneys received pursuant to this act shall be deposited in a special alcohol and drug programs fund which shall be under the direction and control of the board of county commissioners and shall be expended only for the purchase, establishment, maintenance or expansion of services or programs whose principal purpose is alcoholism and drug abuse prevention and education, alcohol and drug detoxification, intervention in alcohol and drug abuse, treatment of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers and rehabilitation of the family of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers. In any county in which there has been organized an alcohol and drug advisory committee, the board of county commissioners shall request and obtain, prior to making any expenditures from the special alcohol and drug programs fund, the recommendations of the advisory committee concerning such expenditures. If there is more than one alcohol and drug advisory committee in the county, the board shall designate which advisory committee from which it shall seek recommendations. The board of county commissioners shall adopt the recommendations of the advisory committee concerning such expenditures unless the board, by majority vote of all commissioners, adopts a different plan for such expenditures.
History: L. 1984, ch. 95, § 1; L. 1990, ch. 66, § 44; May 31.
Article 41 Controlled Substances
§ 65-4101 Definitions
As used in this act:
(a) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:
(1) A practitioner or pursuant to the lawful direction of a practitioner; or
(2) the patient or research subject at the direction and in the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. "Agent" does not include a common carrier, public warehouseman or employee of the carrier or warehouseman.
(c) "Application service provider" means an entity that sells electronic prescription or pharmacy prescription applications as a hosted service where the entity controls access to the application and maintains the software and records on its server.
(d) "Board" means the state board of pharmacy.
(e) "Bureau" means the bureau of narcotics and dangerous drugs, United States department of justice, or its successor agency.
(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) (1) "Controlled substance analog" means a substance that is intended for human consumption, and at least one of the following:
(A) The chemical structure of the substance is substantially similar to the chemical structure of a controlled substance listed in or added to the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto;
(B) the substance has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto; or
(C) with respect to a particular individual, such individual represents or intends the substance to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in the schedules designated in K.S.A. 65-4105 or 65-4107, and amendments thereto.
(2) "Controlled substance analog" does not include:
(A) A controlled substance;
(B) a substance for which there is an approved new drug application; or
(C) a substance with respect to which an exemption is in effect for investigational use by a particular person under section 505 of the federal food, drug and cosmetic act, 21 U.S.C. § 355, to the extent conduct with respect to the substance is permitted by the exemption.
(h) "Counterfeit substance" means a controlled substance that, or the container or labeling of which, without authorization bears the trademark, trade name or other identifying mark, imprint, number or device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.
(i) "Cultivate" means the planting or promotion of growth of five or more plants that contain or can produce controlled substances.
(j) "DEA" means the U.S. department of justice, drug enforcement administration.
(k) "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
(l) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling or compounding necessary to prepare the substance for that delivery, or pursuant to the prescription of a mid-level practitioner.
(m) "Dispenser" means a practitioner or pharmacist who dispenses, or a physician assistant who has authority to dispense prescription-only drugs in accordance with K.S.A. 65-28a08(b), and amendments thereto.
(n) "Distribute" means to deliver other than by administering or dispensing a controlled substance.
(o) "Distributor" means a person who distributes.
(p) (1) "Drug" means substances:
(A) Recognized as drugs in the official United States pharmacopeia, official homeopathic pharmacopoeia of the United States or official national formulary or any supplement to any of them;
(B) intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in human or animals;
(C) other than food intended to affect the structure or any function of the body of human or animals; and
(D) intended for use as a component of any article specified in subparagraph (A), (B) or (C).
(2) "Drug" does not include devices or their components, parts or accessories.
(q) "Immediate precursor" means a substance that the board has found to be and by rule and regulation designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.
(r) "Electronic prescription" means an electronically prepared prescription that is authorized and transmitted from the prescriber to the pharmacy by means of electronic transmission.
(s) "Electronic prescription application" means software that is used to create electronic prescriptions and that is intended to be installed on the prescriber's computers and servers where access and records are controlled by the prescriber.
(t) "Electronic signature" means a confidential personalized digital key, code, number or other method for secure electronic data transmissions that identifies a particular person as the source of the message, authenticates the signatory of the message and indicates the person's approval of the information contained in the transmission.
(u) "Electronic transmission" means the transmission of an electronic prescription, formatted as an electronic data file, from a prescriber's electronic prescription application to a pharmacy's computer, where the data file is imported into the pharmacy prescription application.
(v) "Electronically prepared prescription" means a prescription that is generated using an electronic prescription application.
(w) "Facsimile transmission" or "fax transmission" means the transmission of a digital image of a prescription from the prescriber or the prescriber's agent to the pharmacy. "Facsimile transmission" includes, but is not limited to, transmission of a written prescription between the prescriber's fax machine and the pharmacy's fax machine; transmission of an electronically prepared prescription from the prescriber's electronic prescription application to the pharmacy's fax machine, computer or printer; or transmission of an electronically prepared prescription from the prescriber's fax machine to the pharmacy's fax machine, computer or printer.
(x) "Intermediary" means any technology system that receives and transmits an electronic prescription between the prescriber and the pharmacy.
(y) "Isomer" means all enantiomers and diastereomers.
(z) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance either directly or indirectly or by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance by an individual for the individual's own lawful use or the preparation, compounding, packaging or labeling of a controlled substance:
(1) By a practitioner or the practitioner's agent pursuant to a lawful order of a practitioner as an incident to the practitioner's administering or dispensing of a controlled substance in the course of the practitioner's professional practice; or
(2) by a practitioner or by the practitioner's authorized agent under such practitioner's supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist or medical care facility as an incident to dispensing of a controlled substance.
(aa) "Marijuana" means all parts of all varieties of the plant Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant that is incapable of germination;
(2) any substance listed in schedules II through V of the uniform controlled substances act;
(3) drug products approved by the United States food and drug administration as of the effective date of this act;
(4) cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol); or
(5) industrial hemp as defined in K.S.A. 2-3901, and amendments thereto, when cultivated, produced, possessed or used for activities authorized by the commercial industrial hemp act.
(bb) "Medical care facility" shall have the meaning ascribed to that term in K.S.A. 65-425, and amendments thereto.
(cc) "Mid-level practitioner" means a certified nurse-midwife engaging in the independent practice of midwifery under the independent practice of midwifery act, an advanced practice registered nurse issued a license pursuant to K.S.A. 65-1131, and amendments thereto, who has authority to prescribe drugs under K.S.A. 65-1130, and amendments thereto, or a physician assistant licensed under the physician assistant licensure act who has authority to prescribe drugs pursuant to a written agreement with a supervising physician under K.S.A. 65-28a08, and amendments thereto.
(dd) "Narcotic drug" means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of the substances referred to in paragraph (1) but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative or preparation of coca leaves, and any salt, compound, isomer, derivative or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine.
(ee) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under K.S.A. 65-4102, and amendments thereto, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.
(ff) "Opium poppy" means the plant of the species Papaver somniferum l. except its seeds.
(gg) "Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.
(hh) "Pharmacist" means any natural person licensed under K.S.A. 65-1625 et seq., and amendments thereto, to practice pharmacy.
(ii) "Pharmacist intern" means: (1) A student currently enrolled in an accredited pharmacy program; (2) a graduate of an accredited pharmacy program serving such person's internship; or (3) a graduate of a pharmacy program located outside of the United States that is not accredited and who had successfully passed equivalency examinations approved by the board.
(jj) "Pharmacy prescription application" means software that is used to process prescription information, is installed on a pharmacy's computers and servers, and is controlled by the pharmacy.
(kk) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
(ll) "Practitioner" means a person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, optometrist, or scientific investigator or other person authorized by law to use a controlled substance in teaching or chemical analysis or to conduct research with respect to a controlled substance.
(mm) "Prescriber" means a practitioner or a mid-level practitioner.
(nn) "Production" includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.
(oo) "Readily retrievable" means that records kept by automatic data processing applications or other electronic or mechanized recordkeeping systems can be separated out from all other records within a reasonable time not to exceed 48 hours of a request from the board or other authorized agent or that hard-copy records are kept on which certain items are asterisked, redlined or in some other manner visually identifiable apart from other items appearing on the records.
(pp) "Ultimate user" means a person who lawfully possesses a controlled substance for such person's own use or for the use of a member of such person's household or for administering to an animal owned by such person or by a member of such person's household.
History: L. 1972, ch. 234, § 1; L. 1974, ch. 258, § 1; L. 1975, ch. 332, § 1; L. 1980, ch. 195, § 1; L. 1985, ch. 214, § 2; L. 1989, ch. 192, § 4; L. 1990, ch. 100, § 7; L. 1994, ch. 160, § 1; L. 1999, ch. 170, § 3; L. 2000, ch. 162, § 21; L. 2001, ch. 31, § 3; L. 2001, ch. 171, § 2; L. 2002, ch. 155, § 2; L. 2003, ch. 124, § 9; L. 2011, ch. 114, § 57; L. 2012, ch. 8, § 10; L. 2013, ch. 133, § 24; L. 2014, ch. 131, § 50; L. 2015, ch. 46, § 14; L. 2016, ch. 92, § 100; L. 2017, ch. 57, § 2; L. 2018, ch. 101, § 5; L. 2019, ch. 37, § 12; L. 2022, ch. 99, § 2; L. 2023, ch. 91, § 5; July 1.
§ 65-4101a Repealed
History: L. 1972, ch. 234, § 1; L. 1974, ch. 258, § 1; L. 1975, ch. 332, § 1; L. 1980, ch. 195, § 1; L. 1985, ch. 214, § 2; L. 1989, ch. 192, § 4; L. 1990, ch. 100, § 7; L. 1994, ch. 160, § 1; L. 1999, ch. 115, § 3; Repealed, L. 2000, ch. 162, § 27; February 1, 2001.
§ 65-4101b Repealed
History: L. 1972, ch. 234, § 1; L. 1974, ch. 258, § 1; L. 1975, ch. 332, § 1; L. 1980, ch. 195, § 1; L. 1985, ch. 214, § 2; L. 1989, ch. 192, § 4; L. 1990, ch. 100, § 7; L. 1994, ch. 160, § 1; L. 1999, ch. 170, § 3; L. 2000, ch. 162, § 21; L. 2001, ch. 31, § 3; L. 2001, ch. 171, § 2; L. 2002, ch. 155, § 2; L. 2003, ch. 124, § 9; L. 2011, ch. 114, § 57; L. 2012, ch. 107, § 7; Repealed, L. 2013, ch. 133, § 37; July 1.
§ 65-4101c Repealed
History: L. 1972, ch. 234, § 1; L. 1974, ch. 258, § 1; L. 1975, ch. 332, § 1; L. 1980, ch. 195, § 1; L. 1985, ch. 214, § 2; L. 1989, ch. 192, § 4; L. 1990, ch. 100, § 7; L. 1994, ch. 160, § 1; L. 1999, ch. 170, § 3; L. 2000, ch. 162, § 21; L. 2001, ch. 31, § 3; L. 2001, ch. 171, § 2; L. 2002, ch. 155, § 2; L. 2003, ch. 124, § 9; L. 2011, ch. 114, § 57; L. 2012, ch. 8, § 10; L. 2013, ch. 133, § 24; L. 2014, ch. 131, § 50; L. 2015, ch. 46, § 14; L. 2016, ch. 92, § 100; L. 2017, ch. 57, § 2; L. 2018, ch. 62, § 6; Repealed, L. 2019, ch. 37, § 14; April 18.
§ 65-4101d Repealed
History: L. 1972, ch. 234, § 1; L. 1974, ch. 258, § 1; L. 1975, ch. 332, § 1; L. 1980, ch. 195, § 1; L. 1985, ch. 214, § 2; L. 1989, ch. 192, § 4; L. 1990, ch. 100, § 7; L. 1994, ch. 160, § 1; L. 1999, ch. 170, § 3; L. 2000, ch. 162, § 21; L. 2001, ch. 31, § 3; L. 2001, ch. 171, § 2; L. 2002, ch. 155, § 2; L. 2003, ch. 124, § 9; L. 2011, ch. 114, § 57; L. 2012, ch. 8, § 10; L. 2013, ch. 133, § 24; L. 2014, ch. 131, § 50; L. 2015, ch. 46, § 14; L. 2016, ch. 92, § 100; L. 2017, ch. 57, § 2; L. 2018, ch. 101, § 5; L. 2019, ch. 37, § 12; L. 2022, ch. 65, § 3; Repealed, L. 2023, ch. 91, § 9; July 1.
§ 65-4102 Board of pharmacy to administer act; rules and regulations; authority to control; report to speaker of house and president of senate on substances proposed for scheduling, rescheduling or deletion; scheduling of the controlled substance analog or new drug
(a) The board shall administer this act and may adopt rules and regulations relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state. All rules and regulations of the board shall be adopted in conformance with article 4 of chapter 77 of the Kansas Statutes Annotated, and amendments thereto, and the procedures prescribed by this act.
(b) Annually, the board shall submit to the speaker of the house of representatives and the president of the senate a report on substances proposed by the board for scheduling, rescheduling or deletion by the legislature with respect to any one of the schedules as set forth in this act and a report of the substances scheduled during the preceding calendar year under subsection (e), if any, along with the reasons for the proposal and the scheduling. In making a determination regarding the proposal to schedule, reschedule or delete a substance, the board shall consider the following:
(1) The actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological effect, if known;
(3) the state of current scientific knowledge regarding the substance;
(4) the history and current pattern of abuse;
(5) the scope, duration and significance of abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce psychological or physiological dependence liability; and
(8) whether the substance is an immediate precursor of a substance already controlled under this article.
(c) The board shall not include any nonnarcotic substance within a schedule if such substance may be lawfully sold over the counter without a prescription under the federal food, drug and cosmetic act.
(d) Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco.
(e) (1) Upon receipt of notice under K.S.A. 21-5715, and amendments thereto, or upon the board's finding of an imminent hazard to the public safety, the board shall initiate scheduling of the controlled substance analog or a new drug, as defined in this subsection, on an emergency basis pursuant to this subsection. The scheduling of a substance under this subsection expires on July 1 of the following calendar year after the adoption of the scheduling rule and regulation.
(2) With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors set forth in subsections (b)(4), (5) and (6), and may also consider clandestine importation, manufacture or distribution, and if available, information concerning the other factors set forth in subsection (b).
(3) A rule and regulation may not be adopted under this subsection until the board initiates a rulemaking proceeding under subsection (a) with respect to the substance. A rule and regulation adopted under this subsection shall expire on July 1 of the calendar year following the year of its adoption.
(4) As used in this subsection, "new drug" means: (A) Any drug the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended or suggested in the labeling thereof; or (B) any drug the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but that has not, other than in such investigations, been used to a material extent or for a material time under such conditions. The term "new drug" shall not include amygdalin (laetrile).
History: L. 1972, ch. 234, § 2; L. 1974, ch. 258, § 2; L. 1982, ch. 269, § 1; L. 1994, ch. 160, § 2; L. 2009, ch. 32, § 54; L. 2017, ch. 57, § 3; May 4.
§ 65-4103 Nomenclature
The controlled substances listed or to be listed in the schedules in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113 are included by whatever official, common, usual, chemical, or trade name designated.
History: L. 1972, ch. 234, § 3; July 1.
§ 65-4104 Repealed
History: L. 1972, ch. 234, § 4; Repealed, L. 1982, ch. 269, § 9; July 1.
§ 65-4105 Substances included in schedule I
(a) The controlled substances listed in this section are included in schedule I and the number set forth opposite each drug or substance is the DEA controlled substances code that has been assigned to it.
(b) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
- (1) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)9821
- (2) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide)9815
- (3) Acetylmethadol9601
- (4) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide; acryloylfentanyl)9811
- (5) AH-7921 (3,4-dichloro-N-[(1-dimethylamino)cyclohexylmethyl]benzamide)9551
- (6) Allylprodine9602
- (7) Alphacetylmethadol9603
- (except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate or LAAM)
- (8) Alphameprodine9604
- (9) Alphamethadol9605
- (10) Alpha′-methyl butyryl fentanyl (2-methyl-N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide)9864
- (11) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;
- 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine)9814
- (12) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide)9832
- (13) Benzethidine9606
- (14) Betacetylmethadol9607
- (15) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide)9830
- (16) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide)9831
- (17) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide)9836
- (18) Betameprodine9608
- (19) Betamethadol9609
- (20) Beta-methyl fentanyl (N-phenyl-N-(1-(2-phenylpropyl)piperidin-4-yl)propionamide; also known as β-methyl fentanyl)9856
- (21) Beta'-phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N, 3-diphenylpropanamide; also
- known as β'-phenyl fentanyl; 3-phenylpropanoyl fentanyl)9842
- (22) Betaprodine9611
- (23) Brorphine (1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one)9098
- (24) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide)9822
- (25) Clonitazene9612
- (26) Crotonyl fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide)9844
- (27) Cyclopentyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide)9847
- (28) Cyclopropyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide)9845
- (29) Dextromoramide9613
- (30) Diampromide9615
- (31) Diethylthiambutene9616
- (32) Difenoxin9168
- (33) Dimenoxadol9617
- (34) Dimepheptanol9618
- (35) 2′,5′-Dimethoxyfentanyl (N-(1-(2,5-dimethoxyphenethyl)piperidin-4-yl)-N-phenylpropionamide)9861
- (36) Dimethylthiambutene9619
- (37) Dioxaphetyl butyrate9621
- (38) Dipipanone9622
- (39) Ethylmethylthiambutene9623
- (40) Etonitazene9624
- (41) Etoxeridine9625
- (42) Fentanyl carbamate (ethyl (1-phenethylpiperidin-4-yl)(phenyl)carbamate)9851
- (43) 2′-Fluoro ortho-fluorofentanyl (N-(1-(2-fluorophenethyl)piperidin-4-yl)-N-(2-fluorophenyl)propionamide; also
- known as 2′-fluoro 2-fluorofentanyl)9855
- (44) Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide)9834
- (45) 3-Furanyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-3-carboxamide)9860
- (46) Furethidine9626
- (47) Hydroxypethidine9627
- (48) Isobutyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide)9827
- (49) Isotonitazene (N,N-diethyl-2-(2-(4 isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine;
- N,N-diethyl-2-[[4-(1-methylethoxy)phenyl]methyl]-5-nitro-1 H-benzimidazole-1-ethanamine)9614
- (50) Isovaleryl fentanyl (3-methyl- N -(1-phenethylpiperidin-4-yl)-N-phenylbutanamide)9862
- (51) Ketobemidone9628
- (52) Levomoramide9629
- (53) Levophenacylmorphan9631
- (54) Meta -Fluorofentanyl (N -(3-fluorophenyl)- N -(1-phenethylpiperidin-4-yl)propionamide)9857
- (55) Meta -Fluoroisobutyryl fentanyl ( N -(3-fluorophenyl)- N -(1-phenethylpiperidin-4-yl)isobutyramide)9858
- (56) Methoxyacetyl fentanyl (2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide)9825
- (57) 4′-Methyl acetyl fentanyl (N-(1-(4-methylphenethyl)piperidin-4-yl)-N-phenylacetamide)9819
- (58) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide9813
- (59) 3-Methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide)9833
- (60) Metonitazene (N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine)9757
- (61) Morpheridine9632
- (62) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine)9661
- (63) MT-45 (1-cychohexyl-4-(1,2-diphenylethyl)piperazine)9560
- (64) Noracymethadol9633
- (65) Norlevorphanol9634
- (66) Normethadone9635
- (67) Norpipanone9636
- (68) Ocfentanil (N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl) acetamide)9838
- (69) O-desmethyltramadol (Some trade or other names: 2-((dimethylamino)methyl-1-(3-hydroxyphenyl)
- cyclohexanol;3-(2-((dimethylamino)methyl)-1-hydroxycyclohexyl)phenol)
- (70) Ortho-fluoroacryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)acrylamide)9852
- (71) Ortho-fluorobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide; also
- known as 2-fluorobutyryl fentanyl)9846
- (72) Ortho-fluorofentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide; 2-fluorofentanyl)9816
- (73) Ortho -Fluorofuranyl fentanyl ( N -(2-fluorophenyl)- N -(1-phenethylpiperidin-4-yl)furan-2-carboxamide)9863
- (74) (Ortho-fluoroisobutyryl fentanyl (N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide)9853
- (75) Ortho-methyl acetylfentanyl (N-(2-methylphenyl)-N-(1-phenethylpiperidin-4-yl)acetamide; also
- known as 2-methyl acetylfentanyl)9848
- (76) Ortho-methyl methoxyacetyl fentanyl (2-methoxy-N-(2-methylphenyl)-N-(1-
- phenethylpiperidin-4-yl)acetamide; also known as 2-methyl methoxyacetyl fentanyl)9820
- (77) Para-chloroisobutyryl fentanyl (N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide)9826
- (78) Para-fluorobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide)9823
- (79) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide)9812
- (80) Para-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide, 4-fluoroisobutyryl fentanyl)9824
- (81) Para-fluoro furanyl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)furan-2-carboxamide)9854
- (82) Para-methoxybutyryl fentanyl (N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide)9837
- (83) Para -Methoxyfuranyl fentanyl ( N -(4-methoxyphenyl)- N -(1-phenethylpiperidin-4-yl)furan-2-carboxamide9859
- (84) para -Methylcyclopropyl fentanyl ( N -(4-methylphenyl)- N -(1-phenethylpiperidin-4-yl)cyclopropanecarboxamide)9865
- (85) Para-methylfentanyl (N-(4-methylphenyl)-N-(1-phenethylpiperidin-4-yl)propionamide; also known as 4-methylfentanyl)9817
- (86) PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine)9663
- (87) Phenadoxone9637
- (88) Phenampromide9638
- (89) Phenomorphan9647
- (90) Phenoperidine9641
- (91) Phenyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbenzamide; also known as benzoyl fentanyl)9841
- (92) Piritramide9642
- (93) Proheptazine9643
- (94) Properidine9644
- (95) Propiram9649
- (96) Racemoramide9645
- (97) Tetrahydrofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide)9843
- (98) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide)9835
- (99) Thiofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylthiophene-2-carboxamide; also
- known as 2-thiofuranyl fentanyl; thiophene fentanyl)9839
- (100) Tilidine9750
- (101) Trimeperidine9646
- (102) U-47700 (3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide)9547
- (103) Valeryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide)9840
- (104) Zipeprol (1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol)9873
(c) Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
- (1) Acetorphine9319
- (2) Acetyldihydrocodeine9051
- (3) Benzylmorphine9052
- (4) Codeine methylbromide9070
- (5) Codeine-N-Oxide9053
- (6) Cyprenorphine9054
- (7) Desomorphine9055
- (8) Dihydromorphine9145
- (9) Drotebanol9335
- (10) Etorphine (except hydrochloride salt)9056
- (11) Heroin9200
- (12) Hydromorphinol9301
- (13) Methyldesorphine9302
- (14) Methyldihydromorphine9304
- (15) Morphine methylbromide9305
- (16) Morphine methylsulfonate9306
- (17) Morphine-N-Oxide9307
- (18) Myrophine9308
- (19) Nicocodeine9309
- (20) Nicomorphine
- (21) Normorphine9313
- (22) Pholcodine9314
- (23) Thebacon9315
(d) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
- (1) Alpha-ethyltryptamine7249
- Some trade or other names: etryptamine; Monase; α-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; α-ET; and AET.
- (2) 4-bromo-2,5-dimethoxy-amphetamine7391
- Some trade or other names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-2,5-DMA.
- (3) 2,5-dimethoxyamphetamine7396
- Some trade or other names: 2,5-dimethoxy-alpha-methyl-phenethylamine; 2,5-DMA.
- (4) 4-methoxyamphetamine7411
- Some trade or other names: 4-methoxy-alpha-methylphene-thylamine; paramethoxyamphetamine; PMA.
- (5) 5-methoxy-3,4-methylenedioxy-amphetamine7401
- (6) 4-methyl-2,5-dimethoxy-amphetamine7395
- Some trade or other names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"; and "STP".
- (7) 3,4-methylenedioxy amphetamine7400
- (8) 3,4-methylenedioxymethamphetamine (MDMA)7405
- (9) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4
- (methylenedioxy) phenethylamine, N-ethyl MDA, MDE, and MDEA)7404
- (10) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl-3,4-
- (methylenedioxy) phenethylamine, and N-hydroxy MDA)7402
- (11) 3,4,5-trimethoxy amphetamine7390
- (12) Bufotenine7433
- Some trade or other names: 3-(Beta-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol;
- N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine.
- (13) Diethyltryptamine7434
- Some trade or other names: N,N-Diethyltryptamine; DET.
- (14) Dimethyltryptamine7435
- Some trade or other names: DMT.
- (15) Ibogaine7260
- Some trade or other names: 7-Ethyl-6,6 Beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-
- methano-5H-pyrido[1',2':1,2]azepino[5,4-b]indole; Tabernanthe iboga
- (16) Lysergic acid diethylamide7315
- (17) Marijuana7360
- (18) Mescaline7381
- (19) Parahexyl7374
- Some trade or other names: 3-Hexyl-l-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl.
- (20) Peyote7415
- Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire,
- whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound,
- manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.
- (21) N-ethyl-3-piperidyl benzilate7482
- (22) N-methyl-3-piperidyl benzilate7484
- (23) Psilocybin7437
- (24) Psilocyn7438
- Some trade or other names: Psilocin.
- (25) Ethylamine analog of phencyclidine7455
- Some trade or other names: N-ethyl-1-phenyl-cyclo-hexylamine; (1-phenylcyclohexyl)
- ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE.
- (26) Pyrrolidine analog of phencyclidine7458
- Some trade or other names: 1-(1-phenylcyclohexyl)-pyrrolidine; PCPy; PHP.
- (27) Thiophene analog of phencyclidine7470
- Some trade or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog of phencyclidine; TPCP; TCP.
- (28) 1-[1-(2-thienyl)-cyclohexyl] pyrrolidine7473
- Some other names: TCPy.
- (29) 2,5-dimethoxy-4-ethylamphetamine7399
- Some trade or other names: DOET.
- (30) Salvia divinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum,
- whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture,
- salts, derivative, mixture or preparation of such plant, its seeds or extracts.
- (31 Datura stramonium, commonly known as gypsum weed or jimson weed; all parts of the plant presently classified botanically
- as datura stramonium, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound,
- manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts.
- (32) 1-(3-[trifluoromethylphenyl])piperazine
- Some trade or other names: TFMPP.
- (33) 4-Bromo-2,5-dimethoxyphenethylamine7392
- (34) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7), its optical isomers, salts and salts of optical isomers7348
- (35) Alpha-methyltryptamine (other name: AMT)7432
- (36) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT), its isomers, salts and salts of isomers7439
- (37) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E)7509
- (38) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D)7508
- (39) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C)7519
- (40 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)7518
- (41) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2)7385
- (42) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4)7532
- (43) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H)7517
- (44) 2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (2C-N)7521
- (45) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)7524
- (46) 5–methoxy–N,N–dimethyltryptamine (5–MeO–DMT)7431
- Some trade or other names: 5–methoxy–3–[2–(dimethylamino) ethyl]indole.
- (47) 2–(4–iodo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine7538
- Some trade or other names: 25I–NBOMe; 2C–I–NBOMe; 25I; Cimbi–5.
- (48) 2–(4–chloro–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine7537
- Some trade or other names: 25C–NBOMe; 2C–C–NBOMe; 25C; Cimbi–82.
- (49) 2–(4–bromo–2,5–dimethoxyphenyl)–N–(2–methoxybenzyl)ethanamine7536
- Some trade or other names: 25B–NBOMe; 2C–B–NBOMe; 25B; Cimbi–36.
- (50) 2-(2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
- Some trade or other names: 25H-NBOMe.
- (51) 2-(2,5-dimethoxy-4-methylphenyl)-N-(2-methoxybenzyl)ethanamine
- Some trade or other names: 25D-NBOMe; 2C-D-NBOMe.
- (52) 2-(2,5-dimethoxy-4-nitrophenyl)-N-(2-methoxybenzyl)ethanamine
- Some trade or other names: 25N-NBOMe, 2C-N-NBOMe.
- (53) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1 H-pyrrolo[2,3-b]pyridine-3-carboxamide (5F-CUMYL-P7AICA)7085
- (54) 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (other names: methoxetamine, MXE)7286
- (55) 1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names: para-methoxymethamphetamine, PMMA)1245
(e) Any material, compound, mixture or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
- (1) Etizolam2780
- Some trade or other names: (4-(2-chlorophenyl)-2-ethyl-9-methyl-6H-thieno[3,2-f][1,2,4]triazolo[4,3-a][1,4]diazepine)
- (2) Mecloqualone2572
- (3) Methaqualone2565
- (4) Gamma hydroxybutyric acid2010
- (5) 8-chloro-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine, its salts, isomers,
- and salts of isomers (other name: flualprazolam)2785
- (6) 6-(2-chlorophenyl)-1-methyl-8-nitro-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine,
- its salts, isomers, and salts of isomers (other name: clonazolam)2786
- (7) 8-bromo-6-(2-fluorophenyl)-1-methyl-4H-benzo[f][1,2,4]triazolo[4,3-a][1,4]diazepine,
- its salts, isomers, and salts of isomers; (other name: flubromazolam)2788
- (8) 7-chloro-5-(2-chlorophenyl)-1-methyl-1,3-dihydro-2H-benzo[e][1,4]diazepin-2-one, its salts,
- isomers, and salts of isomers (other name: diclazepam)2789
(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
- (1) Aminorex1585
- Some other names: Aminoxaphen 2-amino-5-phenyl-2-oxazoline or 4,5-dihydro-5-phenyl-2-oxazolamine
- (2) Fenethylline1503
- (3) N-ethylamphetamine1475
- (4) (+)cis-4-methylaminorex ((+)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine)1590
- (5) N,N-dimethylamphetamine (also known as N,N-alpha-trimethyl-benzeneethanamine;
- N,N-alpha-trimethylphenethylamine)1480
- (6) Cathinone (some other names: 2-amino-1-phenol-1-propanone, alpha-amino propiophenone,
- 2-amino propiophenone and norphedrone)1235
- (7) Substituted cathinones
- Any compound, except bupropion or compounds listed under a different schedule, structurally derived from
- 2–aminopropan–1–one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems,
- whether or not the compound is further modified in any of the following ways:
- (A) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl,
- or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
- (B) by substitution at the 3-position with an acyclic alkyl substituent;
- (C) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
- (D) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
- (8) N-benzylpiperazine (other names: BZP, 1-benzylpiprazine)7493
- (9) Methiopropamine
- (N-methyl-1-(thiophen-2-yl)propan-2-amine)1478
- (10) 4,4′-Dimethylaminorex (4,4′-DMAR; 4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine;
- 4-methyl-5-(4-methylphenyl)-4,5-dihydro-1,3-oxazol-2-amine)1595
- (11) Amineptine (7-[(10,11-dihydro-5 H-dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid)1219
- (12) Mesocarb (N-phenyl-N ′-(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate)1227
(g) Any material, compound, mixture or preparation that contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers
(2) N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers
(3) Tianeptine, its optical isomers, salts and salts of isomers
(h) Any of the following cannabinoids, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
- (1) Tetrahydrocannabinols7370
Meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic
equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances,
derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: Delta 1 cis
or trans tetrahydrocannabinol, and their optical isomers Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers
Delta 3,4 cis or trans tetrahydrocannabinol, and its optical isomers (Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.),
except tetrahydrocannabinols in any of the following:
(A) Industrial hemp, as defined in K.S.A. 2-3901, andamendments thereto;
(B) solid waste, as defined in K.S.A. 65-3402, and amendments thereto, and hazardous waste, as defined in K.S.A. 65-3430, and
amendments thereto, if such waste is the result of the cultivation, production or processing of industrial hemp, as defined in
K.S.A. 2-3901, and amendments thereto, and such waste contains a delta-9 tetrahydrocannabinol concentration of not more
than 0.3%; or
(C) hemp products, as defined in K.S.A. 2-3901, and amendments thereto, unless otherwise deemed unlawful pursuant to
K.S.A. 2-3908, and amendments thereto.
(2) Naphthylmethylindoles
Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole group
by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted on the indole group to any extent and whether or not substituted on
the benzyl or naphthyl ring to any extent.
(3) Naphthoylpyrroles
Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole group by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted on the pyrrole group to any extent, whether or not substituted on the benzyl or naphthyl
ring to any extent.
(4) Naphthylmethylindenes
Any compound containing a naphthylmethylindene structure with substitution at the 3-position of the indene group by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group whether or not further substituted on the indene group to any extent, whether or not substituted on the benzyl or naphthyl ring to
any extent.
(5) Cyclohexylphenols
Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group
whether or not substituted on the cyclohexyl ring to any extent.
(6) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone.
Some trade or other names: WIN 55,212-2.
(7) 9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
Some trade or other names: HU-210, HU-211.
(8) Indole-3-carboxylate esters
Any compound containing a 1H-indole-3-carboxylate ester structure with the ester oxygen bearing a naphthyl, quinolinyl, isoquinolinyl
or adamantyl group and substitution at the 1 position of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl,
cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole
ring to any extent and whether or not substituted on the naphthyl, quinolinyl, isoquinolinyl, adamantyl or benzyl groups to any extent.
(9) Indazole-3-carboxamides
Any compound containing a 1H-indazole-3-carboxamide structure with substitution at the nitrogen of the carboxamide by a naphthyl,
quinolinyl, isoquinolinyl, adamantyl, benzyl, 1-amino-1-oxoalkan-2-yl or 1-alkoxy-1-oxoalkan-2-yl group and substitution at the 1 position
of the indazole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indazole ring to any extent and whether or not substituted on the
naphthyl, quinolinyl, isoquinolinyl, adamantyl, 1-amino-1-oxoalkan-2-yl, 1-alkoxy-1-oxoalkan-2-yl or benzyl groups to any extent.
(10) Indole-3-carboxamides
Any compound containing a 1H-indole-3-carboxamide structure with substitution at the nitrogen of the carboxamide by a naphthyl,
quinolinyl, isoquinolinyl, adamantyl, benzyl, 1-amino-1-oxoalkan-2-yl or 1-alkoxy-1-oxoalkan-2-yl group and substitution at the 1 position
of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent and whether or not further substituted on
the naphthyl, quinolinyl, isoquinolinyl, adamantyl, 1-amino-1-oxoalkan-2-yl, 1-alkoxy-1-oxoalkan-2-yl or benzyl groups to any extent.
(11) (1H-indazol-3-yl)methanones
Any compound containing a (1H-indazol-3-yl)methanone structure with the carbonyl carbon bearing a naphthyl group and substitution at the
1 position of the indazole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl,
or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indazole ring to any extent and whether or not substituted on the
naphthyl or benzyl groups to any extent.
(12) (1H-indol-3-yl)methanones
Any compound containing a (1H-indol-3-yl)methanone structure with the carbonyl carbon bearing a naphthyl, quinolinyl, isoquinolinyl,
adamantyl, phenyl, benzyl or tetramethylcyclopropyl group and substitution at the 1 position of the indole ring by an alkyl,haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl,
1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or tetrahydropyranylmethyl group, whether or not further substituted
on the indole ring to any extent and whether or not substituted on the naphthyl, quinolinyl, isoquinolinyl, adamantyl, phenyl, benzyl or
tetramethylcyclopropyl groups to any extent.
History: L. 1972, ch. 234, § 5; L. 1982, ch. 269, § 2; L. 1985, ch. 220, § 1; L. 1986, ch. 241, § 1; L. 1987, ch. 244, § 1; L. 1989, ch. 200, § 1; L. 1991, ch. 199, § 1; L. 1992, ch. 174, § 1; L. 1993, ch. 70, § 1; L. 1994, ch. 54, § 1; L. 2001, ch. 171, § 3; L. 2008, ch. 124, § 1; L. 2010, ch. 7, § 1; L. 2011, ch. 83, § 3; L. 2013, ch. 67, § 1; L. 2014, ch. 79, § 1; L. 2015, ch. 27, § 1; L. 2016, ch. 95, § 2; L. 2017, ch. 57, § 4; L. 2018, ch. 101, § 1; L. 2019, ch. 37, § 13; L. 2022, ch. 99, § 3; L. 2024, ch. 67, § 4; July 1.
§ 65-4105a Repealed
History: L. 1994, ch. 160, § 5; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4105b Repealed
History: L. 1972, ch. 234, § 5; L. 1982, ch. 269, § 2; L. 1985, ch. 220, § 1; L. 1986, ch. 241, § 1; L. 1987, ch. 244, § 1; L. 1989, ch. 200, § 1; L. 1991, ch. 199, § 1; L. 1992, ch. 174, § 1; L. 1993, ch. 70, § 1; L. 1994, ch. 54, § 1; L. 2001, ch. 171, § 3; L. 2008, ch. 124, § 1; L. 2010, ch. 7, § 1; L. 2011, ch. 83, § 3; L. 2013, ch. 67, § 1; L. 2014, ch. 79, § 1; L. 2015, ch. 27, § 1; L. 2016, ch. 95, § 2; L. 2017, ch. 57, § 4; L. 2018, ch. 62, § 7; Repealed, L. 2019, ch. 37, § 14; April 18.
§ 65-4106 Repealed
History: L. 1972, ch. 234, § 6; Repealed, L. 1982, ch. 269, § 9; July 1.
§ 65-4107 Substances included in schedule II
(a) The controlled substances listed in this section are included in schedule II and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it.
(b) Any of the following substances, except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, naldemedine, nalmefene, naloxegol, naloxone, 6β-naltrexol, naltrexone and samidorphen and their respective salts, but including the following:
- (A) Raw opium9600
- (B) Opium extracts9610
- (C) Opium fluid9620
- (D) Powdered opium9639
- (E) Granulated opium9640
- (F) Tincture of opium9630
- (G) Codeine9050
- (H) Ethylmorphine9190
- (I) Etorphine hydrochloride9059
- (J) Hydrocodone9193
- (K) Hydromorphone9150
- (L) Metopon9260
- (M) Morphine9300
- (N) Noroxymorphone9668
- (O) Oxycodone9143
- (P) Oxymorphone9652
- (Q) Thebaine9333
- (R) Dihydroetorphine9334
- (S) Oripavine9330
(2) Any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves (9040) and any salt, compound, derivative or preparation of coca leaves, but not including decocainized coca leaves or extractions which do not contain cocaine (9041) or ecgonine (9180).
(5) Cocaine, its salts, isomers and salts of isomers (9041).
(6) Ecgonine, its salts, isomers and salts of isomers (9180).
(7) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy) (9670).
(c) Any of the following opiates, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation dextrorphan and levopropoxyphene excepted:
- (1) Alfentanil9737
- (2) Alphaprodine9010
- (3) Anileridine9020
- (4) Bezitramide9800
- (5) Bulk dextropropoxyphene (nondosage forms)9273
- (6) Carfentanil9743
- (7) Dihydrocodeine9120
- (8) Diphenoxylate9170
- (9) Fentanyl9801
- (10) Isomethadone9226
- (11) Levomethorphan9210
- (12) Levorphanol9220
- (13) Metazocine9240
- (14) Methadone9250
- (15) Methadone-intermediate,4-cyano-2-dimethyl amino-4,4-diphenyl butane9254
- (16) Moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid9802
- (17) Oliceridine (N-[(3-methoxythiophen-2-yl)methyl] ({2-[(9 R)-9-(pyridin-2-yl)-6-oxaspiro [4.5]decan-9-yl]ethyl})amine fumarate)9245
- (18) Pethidine (meperidine)9230
- (19) Pethidine-intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine9232
- (20) Pethidine-intermediate-B, ethyl-4-phenyl-piperidine-4-carboxylate9233
- (21) Pethidine-intermediate-C, 1-methyl-4-phenyl-piperidine-4-carboxylic acid9234
- (22) Phenazocine9715
- (23) Piminodine9730
- (24) Racemethorphan9732
- (25) Racemorphan9733
- (26) Sufentanil9740
- (27) Levo-alphacetyl methadol
- Some other names: levo-alpha-acetyl methadol, levomethadyl acetate or LAAM.
- (28) Remifentanil9739
- (29) Tapentadol9780
- (30) Thiafentanil9729
(d) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
- (1) Amphetamine, its salts, optical isomers and salts of its optical isomers1100
- (2) Phenmetrazine and its salts1631
- (3) Methamphetamine, including its salts, isomers and salts of isomers1105
- (4) Methylphenidate1724
- (5) Lisdexamfetamine, its salts, isomers, and salts of its isomers1205
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
- (1) Amobarbital2125
- (2) Glutethimide2550
- (3) Secobarbital2315
- (4) Pentobarbital2270
- (5) Phencyclidine7471
(f) Any material, compound, mixture, or preparation which contains any quantity of the following substances:
- (1) Immediate precursor to amphetamine and methamphetamine:
- (A) Phenylacetone8501
- Some trade or other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone.
- (2) Immediate precursors to phencyclidine (PCP):
- (A) 1-phenylcyclohexylamine7460
- (B) 1-piperidinocyclohexanecarbonitrile (PCC)8603
- (3) Immediate precursor to fentanyl:
- (A) 4-anilino-N-phenethylpiperidine (ANPP)8333
- (B) N-phenyl-N-(piperidin-4-yl)propionamide (norfentanyl)8366
(g) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substance, its salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
- (1) Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the
- United States food and drug administration7365
- (2) Nabilone7379
- [Another name for nabilone: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]
(h) Any material, compound, mixture or preparation containing any of the following narcotic drugs or any salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
- (1) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit
- with a fourfold or greater quantity of an isoquinoline alkaloid of opium9805
- (2) Not more than 300 milligrams of dihydrocodeinone (hydrocodone) or any of its salts per 100 milliliters or not more than 15 milligrams per dosage unit
- with one or more active, nonnarcotic ingredients in recognized therapeutic amounts9806
History: L. 1972, ch. 234, § 7; L. 1974, ch. 258, § 3; L. 1978, ch. 257, § 1; L. 1980, ch. 195, § 2; L. 1982, ch. 269, § 3; L. 1985, ch. 220, § 2; L. 1986, ch. 241, § 2; L. 1987, ch. 244, § 2; L. 1989, ch. 200, § 2; L. 1991, ch. 199, § 2; L. 1992, ch. 174, § 2; L. 1994, ch. 54, § 2; L. 2000, ch. 108, § 2; L. 2011, ch. 83, § 4; L. 2015, ch. 27, § 2; L. 2017, ch. 57, § 5; L. 2018, ch. 101, § 2; L. 2022, ch. 99, § 4; L. 2024, ch. 67, § 5; July 1.
§ 65-4108 Repealed
History: L. 1972, ch. 234, § 8; Repealed, L. 1982, ch. 269, § 9; July 1.
§ 65-4109 Substances included in schedule III
(a) The controlled substances listed in this section are included in schedule III and the number set forth opposite each drug or substance is the DEA controlled substances code which has been assigned to it.
(b) Unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
-
(1) Any compound, mixture or preparation containing:
-
(A) Amobarbital2126
-
(B) Secobarbital2316
-
(C) Pentobarbital2271
-
or any salt thereof and one or more other active medicinal ingredients
-
which are not listed in any schedule
-
(2) Any suppository dosage form containing:
-
(A) Amobarbital2126
-
(B) Secobarbital2316
-
(C) Pentobarbital2271
-
or any salt of any of these drugs and approved by the Food and Drug
-
Administration for marketing only as a suppository.
-
(3) Any substance which contains any quantity of a derivative of barbituric acid, or any
-
salt of a derivative of barbituric acid, except those substances which are specifically
-
listed in other schedules2100
-
(4) Chlorhexadol2510
-
(5) Lysergic acid7300
-
(6) Lysergic acid amide7310
-
(7) Methyprylon2575
-
(8) Sulfondiethylmethane2600
-
(9) Sulfonethylmethane2605
-
(10) Sulfonmethane2610
-
(11) Tiletamine and zolazepam or any salt thereof7295
-
Some trade or other names for a tiletamine-zolazepam combination product: Telazol
-
Some trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-
-
trimethylpyrazolo-[3,4-e][1,4]-diazepin-7(1H)-one, flupyrazapon
-
(12) Ketamine, its salts, isomers, and salts of isomers7285
-
Some other names for ketamine: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone
-
(13) Gamma hydroxybutyric acid, any salt, hydroxybutyric compound, derivative or
-
of gamma hydroxybutyric acid contained in a drug product for which an application has
-
been approved under section 505 of the federal food, drug and cosmetic act
-
(14) Embutramide22020
-
(15) Perampanel, its salts, isomers, and salts of isomers2261
-
Some other names for perampanel: 2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2 dihydropyridin-3-yl) benzonitrile
-
(c) Nalorphine9400
(d) Any material, compound, mixture or preparation containing any of the following narcotic drugs or any salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
- (1) Not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90
- milligrams per dosage unit with an equal or greater quantity of an isoquinoline alkaloid of opium9803
- (2) not more than 1.8 grams of codeine or any of its salts per 100 milliliters or not more than 90
- milligrams per dosage unit with one or more active, nonnarcotic ingredients in
- recognized therapeutic amounts9804
- (3) not more than 1.8 grams of dihydrocodeine or any of its salts per 100 milliliters or
- not more than 90 milligrams per dosage unit with one or more
- active, nonnarcotic ingredients in recognized therapeutic amounts9807
- (4) not more than 300 milligrams of ethylmorphine or any of its salts per 100 milliliters or
- not more than 15 milligrams per dosage unit with one or more active,
- nonnarcotic ingredients in recognized therapeutic amounts9808
- (5) not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more
- than 25 milligrams per dosage unit with one or more active, nonnarcotic
- ingredients in recognized therapeutic amounts9809
- (6) not more than 50 milligrams of morphine or any of its salts per 100 milliliters or per 100 grams
- with one or more active, nonnarcotic ingredients in recognized therapeutic amounts9810
- (7) any material, compound, mixture or preparation containing any of the following narcotic
- drugs or their salts, as set forth below:
- (A) Buprenorphine9064
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
-
(1) Those compounds, mixtures or preparations in dosage unit form containing any stimulant substance
-
listed in schedule II, which compounds, mixtures or preparations were listed on
-
August 25, 1971, as excepted compounds under section 308.32 of title 21 of the code of federal
-
regulations, and any other drug of the quantitive composition shown in that list for those
-
drugs or which is the same, except that it contains a lesser quantity of controlled substances1405
-
(2) Benzphetamine1228
-
(3) Chlorphentermine1645
-
(4) Chlortermine1647
-
(5) Phendimetrazine1615
-
(f) Anabolic steroids4000
"Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, and corticosteroids) that promotes muscle growth, and includes:
- (1) 3β,17-dihydroxy-5a-androstane
- (2) 3α,17β-dihydroxy-5a-androstane
- (3) 5a-androstan-3,17-dione
- (4) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene)
- (5) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene)
- (6) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene)
- (7) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene)
- (8) 1-androstenedione ([5α]-androst-1-en-3,17-dione)
- (9) 4-androstenedione (androst-4-en-3,17-dione)
- (10) 5-androstenedione (androst-5-en-3,17-dione)
- (11) bolasterone (7α,17α-dimethyl-17β-hydroxyandrost-4-en-3-one)
- (12) boldenone (17β-hydroxyandrost-1,4-diene-3-one)
- (13) boldione (androsta-1,4-diene-3,17-dione)
- (14) calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-en-3-one)
- (15) clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one)
- (16) dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1,4-dien-3-one)
- (17) desoxymethyltestosterone (17α-methyl-5α-androst-2-en-17β-ol) (also known as "madol")
- (18) Δ1-dihydrotestosterone (17β-hydroxy-5α-androst-1-en-3-one) (also known as "1-testosterone")
- (19) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one)
- (20) drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one)
- (21) ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene)
- (22) fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one)
- (23) formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one)
- (24) furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-furazan)
- (25) 13β-ethyl-17β-hydroxygon-4-en-3-one
- (26) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one)
- (27) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one)
- (28) mestanolone (17α-methyl-17β-hydroxy-5-androstan-3-one)
- (29) mesterolone (1α-methyl-17β-hydroxy-[5α]-androstan-3-one)
- (30) methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one)
- (31) methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene)
- (32) methasterone (2α,17α-dimethyl-5α-androstan-17β-ol-3-one)
- (33) methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one)
- (34) 17α-methyl-3β,17β-dihydroxy-5a-androstane
- (35) 17α-methyl-3α,17β-dihydroxy-5a-androstane
- (36) 17α-methyl-3β,17β-dihydroxyandrost-4-ene
- (37) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one)
- (38) methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one)
- (39) methyltrienolone (17α-methyl-17β-hydroxyestra-4,9,11-trien-3-one)
- (40) methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one)
- (41) mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one)
- (42) 17α-methyl-Δ1-dihydrotestosterone (17β-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also known
- as "17-α-methyl-1-testosterone")
- (43) nandrolone (17β-hydroxyestr-4-en-3-one)
- (44) 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4-ene)
- (45) 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-ene)
- (46) 19-nor-5-androstenediol (3β, 17β-dihydroxyestr-5-ene)
- (47) 19-nor-5-androstenediol (3α, 17β-dihydroxyestr-5-ene)
- (48) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione)
- (49) 19-nor-4-androstenedione (estr-4-en-3,17-dione)
- (50) 19-nor-5-androstenedione (estr-5-en-3,17-dione)
- (51) norbolethone (13β, 17α-diethyl-17β-hydroxygon-4-en-3-one)
- (52) norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one)
- (53) norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one)
- (54) normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one)
- (55) oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-androstan-3-one)
- (56) oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one)
- (57) oxymetholone (17α-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan-3-one)
- (58) prostanozol (17β-hydroxy-5α-androstano[3,2-c]pyrazole)
- (59) stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole)
- (60) stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one)
- (61) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone)
- (62) testosterone (17β-hydroxyandrost-4-en-3-one)
- (63) tetrahydrogestrinone (13β, 17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one)
- (64) trenbolone (17β-hydroxyestr-4,9,11-trien-3-one)
- (65) any salt, ester, or isomer of a drug or substance described or listed in this paragraph,
- if that salt, ester, or isomer promotes muscle growth.
- (A) Except as provided in (B), such term does not include an anabolic steroid which is
- expressly intended for administration through implants to cattle or other nonhuman
- species and which has been approved by the United States' secretary of health and
- human services for such administration.
- (B) If any person prescribes, dispenses or distributes such steroid for human use, such person
- shall be considered to have prescribed, dispensed or distributed an anabolic steroid within
- the meaning of this subsection (f).
(g) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substance, its salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
- (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United
- States food and drug administration approved product7369
- Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro -6-6-9-trimethyl-3-
- pentyl-6H-dibenzo(b,d)pyran-1-0l, or (-)-delta-9-(trans)-tetrahydrocannabinol.
(h) The board may except by rule any compound, mixture or preparation containing any stimulant or depressant substance listed in subsection (b) from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
History: L. 1972, ch. 234, § 9; L. 1974, ch. 258, § 4; L. 1978, ch. 257, § 2; L. 1982, ch. 269, § 4; L. 1985, ch. 220, § 3; L. 1989, ch. 200, § 3; L. 1991, ch. 199, § 3; L. 1992, ch. 174, § 3; L. 2000, ch. 108, § 3; L. 2001, ch. 171, § 4; L. 2011, ch. 83, § 5; L. 2014, ch. 79, § 2; L. 2015, ch. 27, § 3; L. 2016, ch. 95, § 3; L. 2018, ch. 101, § 3; May 24.
§ 65-4110 Repealed
History: L. 1972, ch. 234, § 10; Repealed, L. 1982, ch. 269, § 9; July 1.
§ 65-4111 Substances included in schedule IV
(a) The controlled substances listed in this section are included in schedule IV and the number set forth opposite each drug or substance is the DEA controlled substances code that has been assigned to it.
(b) Any material, compound, mixture or preparation that contains any quantity of the following substances including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation and having a potential for abuse associated with a depressant effect on the central nervous system:
- (1) Alprazolam2882
- (2) Barbital2145
- (3) Brexanolone2400
- (4) Bromazepam2748
- (5) Camazepam2749
- (6) Carisoprodol8192
- (7) Chloral betaine2460
- (8) Chloral hydrate2465
- (9) Chlordiazepoxide2744
- (10) Clobazam2751
- (11) Clonazepam2737
- (12) Clorazepate2768
- (13) Clotiazepam2752
- (14) Cloxazolam2753
- (15) Daridorexant2410
- (16) Delorazepam2754
- (17) Diazepam2765
- (18) Dichloralphenazone2467
- (19) Estazolam2756
- (20) Ethchlorvynol2540
- (21) Ethinamate2545
- (22) Ethyl loflazepate2758
- (23) Fludiazepam2759
- (24) Flunitrazepam2763
- (25) Flurazepam2767
- (26) Fospropofol2138
- (27) Halazepam2762
- (28) Haloxazolam2771
- (29) Ketazolam2772
- (30) Lemborexant2245
- (31) Loprazolam2773
- (32) Lorazepam2885
- (33) Lormetazepam2774
- (34) Mebutamate2800
- (35) Medazepam2836
- (36) Meprobamate2820
- (37) Methohexital2264
- (38) Methylphenobarbital (mephobarbital)2250
- (39) Midazolam2884
- (40) Nimetazepam2837
- (41) Nitrazepam2834
- (42) Nordiazepam2838
- (43) Oxazepam2835
- (44) Oxazolam2839
- (45) Paraldehyde2585
- (46) Petrichloral2591
- (47) Phenobarbital2285
- (48) Pinazepam2883
- (49) Prazepam2764
- (50) Quazepam2881
- (51) Remimazolam2846
- (52) Temazepam2925
- (53) Tetrazepam2886
- (54) Triazolam2887
- (55) Zolpidem2783
- (56) Zaleplon2781
- (57) Zopiclone2784
- (58) Alfaxalone2731
- (59) Suvorexant2223
(c) Any material, compound, mixture or preparation that contains any quantity of lorcaserin (1625), including its salts, isomers and salts of such isomers, whenever the existence of such salts, isomers and salts of isomers is possible (21 U.S.C. § 812; 21 C.F.R. § 1308.14).
(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
- (1) Cathine ((+)-norpseudoephedrine)1230
- (2) Diethylpropion1610
- (3) Fencamfamin1760
- (4) Fenproporex1575
- (5) Mazindol1605
- (6) Mefenorex1580
- (7) Pemoline (including organometallic complexes and chelates thereof)1530
- (8) Phentermine1640
The provisions of subsection (d)(8) shall expire on the date phentermine and its salts and isomers are removed from schedule IV of the federal controlled substances act (21 U.S.C. § 812; 21 C.F.R. § 1308.14).
- (9) Pipradrol1750
- (10) Serdexmethylphenidate1729
- (11) SPA((-)-1-dimethylamino-1, 2-diphenylethane)1635
- (12) Sibutramine1675
- (13) Solriamfetol (2-amino-3-phenylpropyl carbamate; benzenepropanol, beta-amino-,
- carbamate (ester))1650
- (14) Mondafinil1680
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation that contains any quantity of the following, including salts thereof:
- (1) Pentazocine9709
- (2) Butorphanol (including its optical isomers)9720
- (3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-
- oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid)
- (including its optical isomers) and its salts, isomers, and salts of isomers9725
(f) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
- (1) Not more than 1 milligram of difenoxin and not
- less than 25 micrograms of atropine sulfate per dosage unit9167
- (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2
- -propion-oxybutane)9278
- (3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric
- isomers and salts of these isomers (including tramadol)9752
(g) Butyl nitrite and its salts, isomers, esters, ethers or their salts.
(h) The board may except by rule and regulation any compound, mixture or preparation containing any depressant substance listed in subsection (b) from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances that have a depressant effect on the central nervous system.
History: L. 1972, ch. 234, § 11; L. 1974, ch. 258, § 5; L. 1978, ch. 257, § 3; L. 1979, ch. 204, § 1; L. 1982, ch. 269, § 5; L. 1985, ch. 220, § 4; L. 1986, ch. 241, § 3; L. 1989, ch. 200, § 4; L. 1990, ch. 231, § 1; L. 1991, ch. 199, § 4; L. 1993, ch. 70, § 2; L. 1996, ch. 257, § 2; L. 1998, ch. 190, § 1; L. 2000, ch. 108, § 4; L. 2001, ch. 171, § 5; L. 2011, ch. 83, § 6; L. 2012, ch. 107, § 8; L. 2014, ch. 79, § 3; L. 2015, ch. 27, § 4; L. 2016, ch. 95, § 4; L. 2017, ch. 57, § 6; L. 2022, ch. 99, § 5; L. 2024, ch. 67, § 6; July 1.
§ 65-4111a Repealed
History: L. 1972, ch. 234, § 11; L. 1974, ch. 258, § 5; L. 1978, ch. 257, § 3; L. 1979, ch. 204, § 1; L. 1982, ch. 269, § 5; L. 1985, ch. 220, § 4; L. 1986, ch. 241, § 3; L. 1989, ch. 200, § 4; L. 1990, ch. 231, § 1; L. 1991, ch. 199, § 4; L. 1993, ch. 70, § 2; L. 1996, ch. 257, § 2; L. 1998, ch. 175, § 1; Repealed, L. 2000, ch. 108, § 7; April 27.
§ 65-4112 Repealed
History: L. 1972, ch. 234, § 12; Repealed, L. 1982, ch. 269, § 9; July 1.
§ 65-4113 Substances included in schedule V
(a) The controlled substances or drugs, by whatever official name, common or usual name, chemical name or brand name designated, listed in this section are included in schedule V.
(b) Any compound, mixture or preparation containing limited quantities of any of the following narcotic drugs which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
(6) Not more than .5 milligram of difenoxin (9168) and not less than 25 micrograms of atropine sulfate per dosage unit.
(c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, position or geometric) and salts of such isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
- (1) Propylhexedrine (except when part of a compound used for nasal decongestion which
- is authorized to be sold lawfully over the counter without a prescription under
- the federal food, drug and cosmetic act, so long as it is used only for such purpose)8161
- (2) Pyrovalerone1485
(d) Any compound, mixture or preparation containing any detectable quantity of ephedrine, its salts or optical isomers, or salts of optical isomers.
(e) Any compound, mixture or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers.
(f) Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
- (1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide) (some trade or
- other names BRV; UCB-34714; Briviact)2710
- (2) Cenobamate [(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl] carbamate2720
- (3) Ezogabine N-[2-amino-4(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester2779
- (4) Ganaxolone2401
- (5) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]2746
- (6) Lasmiditan [2,4,6-trifluoro-N-(6-(1-methylpiperidine-4-carbonyl)pyridine-2-yl-benzamide2790
- (7) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]2782
History: L. 1972, ch. 234, § 13; L. 1982, ch. 269, § 6; L. 1984, ch. 243, § 1; L. 1985, ch. 220, § 5; L. 1991, ch. 199, § 5; L. 1992, ch. 174, § 4; L. 1995, ch. 218, § 3; L. 2005, ch. 153, § 2; L. 2007, ch. 169, § 12; L. 2011, ch. 83, § 7; L. 2012, ch. 107, § 9; L. 2017, ch. 57, § 7; L. 2022, ch. 99, § 6; L. 2024, ch. 67, § 7; July 1.
§ 65-4114 Repealed
History: L. 1972, ch. 234, § 14; L. 1974, ch. 258, § 6; Repealed, L. 1982, ch. 269, § 9; July 1.
§ 65-4115 Fees
The board may charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state.
History: L. 1972, ch. 234, § 15; L. 1974, ch. 258, § 7; July 1.
§ 65-4116 Registration requirements, exceptions; termination of registration
(a) Every person who manufactures, distributes or dispenses any controlled substance within this state or who proposes to engage in the manufacture, distribution or dispensing of any controlled substance within this state shall obtain annually a registration issued by the board in accordance with the uniform controlled substances act and with rules and regulations adopted by the board.
(b) Persons registered by the board under this act to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this act.
(c) The following persons need not register and may lawfully possess controlled substances under this act, as specified in this subsection:
(1) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of such agent or employee's business or employment;
(2) a common carrier or warehouseman or an employee thereof whose possession of any controlled substance is in the usual course of business or employment;
(3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or a mid-level practitioner or in lawful possession of a schedule V substance;
(4) persons licensed and registered by the board under the provisions of the acts contained in article 16 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, to manufacture, dispense or distribute drugs are considered to be in compliance with the registration provision of the uniform controlled substances act without additional proceedings before the board or the payment of additional fees, except that manufacturers and distributors shall complete and file the application form required under the uniform controlled substances act;
(5) any person licensed by the state board of healing arts under the Kansas healing arts act;
(6) any person licensed by the state board of veterinary examiners;
(7) any person licensed by the Kansas dental board;
(8) a mid-level practitioner; and
(9) any person who is a member of the Native American Church, with respect to use or possession of peyote, whose use or possession of peyote is in, or for use in, bona fide religious ceremonies of the Native American Church, but nothing in this paragraph shall authorize the use or possession of peyote in any place used for the confinement or housing of persons arrested, charged or convicted of criminal offenses or in the state security hospital.
(d) The board may waive by rules and regulations the requirement for registration of certain manufacturers, distributors or dispensers if the board finds it consistent with the public health and safety, except that licensure of any person by the state board of healing arts to practice any branch of the healing arts, Kansas dental board or the state board of veterinary examiners shall constitute compliance with the registration requirements of the uniform controlled substances act by such person for such person's place of professional practice. Evidence of abuse as determined by the board relating to a person licensed by the state board of healing arts shall be submitted to the state board of healing arts and the attorney general within 60 days. The state board of healing arts shall, within 60 days, make findings of fact and take such action against such person as it deems necessary. All findings of fact and any action taken shall be reported by the state board of healing arts to the board of pharmacy and the attorney general. Evidence of abuse as determined by the board relating to a person licensed by the state board of veterinary examiners shall be submitted to the state board of veterinary examiners and the attorney general within 60 days. The state board of veterinary examiners shall, within 60 days, make findings of fact and take such action against such person as it deems necessary. All findings of fact and any action taken shall be reported by the state board of veterinary examiners to the board of pharmacy and the attorney general. Evidence of abuse as determined by the board relating to a dentist licensed by the Kansas dental board shall be submitted to the Kansas dental board and the attorney general within 60 days. The Kansas dental board shall, within 60 days, make findings of fact and take such action against such dentist as it deems necessary. All findings of fact and any action taken shall be reported by the Kansas dental board to the board of pharmacy and the attorney general.
(e) A separate annual registration is required at each place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.
(f) The board may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules and regulations.
(g) (1) The registration of any person or location shall terminate when such person or authorized representative of a location dies, ceases legal existence, discontinues business or professional practice or changes the location as shown on the certificate of registration. Any registrant who ceases legal existence, discontinues business or professional practice, or changes location as shown on the certificate of registration, shall notify the board promptly of such fact and forthwith deliver the certificate of registration directly to the secretary or executive secretary of the board. In the event of a change in name or mailing address the person or authorized representative of the location shall notify the board promptly in advance of the effective date of this change by filing the change of name or mailing address with the board. This change shall be noted on the original application on file with the board.
(2) No registration or any authority conferred thereby shall be assigned or otherwise transferred except upon such conditions as the board may specifically designate and then only pursuant to the written consent of the board.
History: L. 1972, ch. 234, § 16; L. 1973, ch. 258, § 1; L. 1974, ch. 259, § 1; L. 1981, ch. 253, § 1; L. 1987, ch. 244, § 3; L. 1999, ch. 87, § 4; L. 1999, ch. 149, § 9; L. 2003, ch. 124, § 10; July 1.
§ 65-4117 Registration
(a) The board shall register an applicant to manufacture, dispense or distribute controlled substances included in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sections, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
(1) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;
(2) compliance with applicable state and local law;
(3) any conviction of the applicant under any federal and state laws relating to any controlled substance;
(4) past experience in the manufacture, dispensing or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;
(5) furnishing by the applicant of false or fraudulent material in any application filed under this act;
(6) suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense controlled substances as authorized by federal law; and
(7) any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) does not entitle a registrant to manufacture and distribute controlled substances in schedule I or II other than those specified in the registration.
(c) Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to prescribe or to conduct research under the laws of this state.
(d) Pharmacists shall be registered to dispense schedule I designated prescription substances and controlled substances in schedules II through V if none of the grounds for revocation, suspension or refusal to renew a registration exist at the time of application.
(e) The board need not require separate registration under this act for practitioners or pharmacists engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this act in another capacity. Practitioners or pharmacists registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.
(f) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this act.
History: L. 1972, ch. 234, § 17; L. 1986, ch. 242, § 1; May 1.
§ 65-4118 Revocation and suspension of registration
(a) A registration under K.S.A. 65-4117 to manufacture, distribute or dispense a controlled substance may be suspended or revoked by the board upon a finding that the registrant: (1) Has furnished false or fraudulent material information in any application filed under this act;
(2) has been convicted of a felony under any state or federal law relating to any controlled substance;
(3) has violated any rule or regulation of the board controlling the manufacture, distribution or dispensing of the controlled substances contained in the schedules promulgated in the rules and regulations of the board; or
(4) has had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances.
(b) The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c) If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition shall be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court upon application therefor orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances shall be forfeited to the state.
(d) The board shall promptly notify the bureau of all orders suspending or revoking registration and all forfeitures of controlled substances.
History: L. 1972, ch. 234; § 18; L. 1974, ch. 258, § 8; July 1.
§ 65-4119 Denial, suspension, revocation or refusal to renew registration; order to show cause
(a) Before denying, suspending or revoking a registration or refusing a renewal of registration, the board shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended or why the renewal should not be refused. In the case of a denial or renewal of registration the show cause order shall be served not later than 15 days before the expiration of the registration. Proceedings on a show cause order shall be conducted in accordance with the provisions of the Kansas administrative procedure act without regard to any criminal prosecution or other proceeding.
(b) In accordance with the provisions of K.S.A. 77-536 and amendments thereto, the board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under K.S.A. 65-4118 and amendments thereto, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction.
History: L. 1972, ch. 234, § 19; L. 1988, ch. 356, § 213; July 1, 1989.
§ 65-4120 Judicial review of board's actions
Any action of the board pursuant to the uniform controlled substances act is subject to review in accordance with the Kansas judicial review act.
History: L. 1972, ch. 234, § 20; L. 1986, ch. 318, § 109; L. 2010, ch. 17, § 158; July 1.
§ 65-4121 Registrants to keep records and inventories
Persons registered to manufacture, distribute or dispense controlled substances under this act shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal law and with any additional rules and regulations the board issues.
History: L. 1972, ch. 234, § 21; July 1.
§ 65-4122 Order forms for distribution of substances in schedules I and II
Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
History: L. 1972, ch. 234, § 22; July 1.
§ 65-4123 Dispensing of controlled substances; oral, written or electronic prescriptions; limitations on refilling; prescription recordkeeping requirements
(a) Except as otherwise provided in K.S.A. 65-4117, and amendments thereto, or in this subsection (a), no schedule I controlled substance may be dispensed. The board by rules and regulations may designate in accordance with the provisions of this subsection (a) a schedule I controlled substance as a schedule I designated prescription substance.
(b) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user, no controlled substance in schedule II may be dispensed without the written or electronic prescription of a prescriber. In emergency situations, as defined by rules and regulations of the board, schedule II drugs may be dispensed upon oral prescription of a prescriber reduced promptly to writing or transmitted electronically and filed by the pharmacy. No prescription for a schedule II substance may be refilled.
(c) Except when dispensed by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III, IV or V which is a prescription drug shall not be dispensed without either a paper prescription manually signed by a prescriber, a facsimile of a manually signed paper prescription transmitted by the prescriber or the prescriber's agent to the pharmacy, an electronic prescription that has been digitally signed by a prescriber with a digital certificate, or an oral prescription made by an individual prescriber and promptly reduced to writing. The prescription shall not be filled or refilled more than six months after the date thereof or be refilled more than five times.
(d) A controlled substance shall not be distributed or dispensed except by a valid prescription order as defined in K.S.A. 65-1626, and amendments thereto. Electronic prescriptions shall be retained electronically for five years from the date of their creation or receipt. The records must be readily retrievable from all other records and easily rendered into a format a person can read. Paper, oral and facsimile prescriptions shall be maintained as a hard copy for five years at the registered location.
History: L. 1972, ch. 234, § 23; L. 1972, ch. 235, § 1; L. 1982, ch. 269, § 7; L. 1986, ch. 242, § 2; L. 1999, ch. 115, § 15; L. 2012, ch. 107, § 10; May 17.
§ 65-4123a Gratuitous distribution of certain controlled substances prohibited
A controlled substance listed in schedules II through V, excluding schedule V nonnarcotic depressants that have an effect on the central nervous system, shall not be distributed on a gratuitous basis by a manufacturer or distributor to a practitioner, mid-level practitioner, pharmacist or any other person.
History: L. 2012, ch. 107, § 11; May 17.
§§ 65-4124 through 65-4126 Repealed
History: L. 1972, ch. 234, §§ 24 to 26; Repealed, L. 1973, ch. 259, § 5; July 1.
§ 65-4127 Repealed
History: L. 1972, ch. 234, § 27; L. 1972, ch. 235, § 2; Repealed, L. 1973, ch. 259, § 5; July 1.
§ 65-4127a Repealed
History: L. 1973, ch. 259, § 1; L. 1988, ch. 257, § 1; L. 1990, ch. 101, § 1; L. 1991, ch. 85, § 2; L. 1992, ch. 92, § 1; L. 1993, ch. 291, § 234; L. 1994, ch. 160, § 3; Repealed, L. 1994, ch. 338, § 14; Repealed, L. 1994, ch. 291, § 93; July 1.
§ 65-4127b Repealed
History: L. 1973, ch. 259, § 2; L. 1974, ch. 258, § 9; L. 1980, ch. 100, § 3; L. 1982, ch. 269, § 8; L. 1986, ch. 241, § 4; L. 1986, ch. 243, § 1; L. 1987, ch. 244, § 4; L. 1987, ch. 245, § 1; L. 1988, ch. 257, § 2; L. 1989, ch. 200, § 5; L. 1990, ch. 101, § 2; L. 1991, ch. 85, § 3; L. 1991, ch. 89, § 6; L. 1992, ch. 92, § 2; L. 1993, ch. 291, § 235; L. 1994, ch. 160, § 4; Repealed, L. 1994, ch. 338, § 14; Repealed, L. 1994, ch. 291, § 93; July 1.
§ 65-4127c General penalties; criminal penalties not applicable to violations of regulations
Any person violating any of the provisions of the uniform controlled substances act shall be guilty of a class A nonperson misdemeanor. The criminal penalties prescribed for violations of the uniform controlled substances act shall not be applicable to violations of the rules and regulations adopted by the board pursuant thereto.
History: L. 1973, ch. 259, § 3; L. 1974, ch. 258, § 10; L. 1994, ch. 291, § 78; L. 1994, ch. 338, § 12; L. 2009, ch. 32, § 55; July 1.
§ 65-4127d Repealed
History: L. 1973, ch. 259, § 4; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4127e Sentencing under K.S.A. 65-4127a and 65-4127b; substances and quantities; crimes committed prior to July 1, 1993
(a) For purposes of sentencing pursuant to this act, substances and quantities shall be as follows:
- SUBSTANCEgm
- Alpha-Methylfentanyl1
- Amphetamine25
- Any substance which contains any quantity of a derivative of barbituric acid, or any
- salt of a derivative of barbituric acid50
- Cannabis Resin or Hashish25
- Cocaine25
- D-Lysergic Acid.2 pure or
- Diethylamide/Lysergide/LSD200 dosage units
- Dextropropoxyphene/Propoxyphene100
- Diazepam50
- Diethyltryptamine/DET50
- Dimethyltryptamine/DMT50
- Fentanyl2
- Hashish Oil10
- Heroin5
- Hydrocodone/Dihydrocodeinone50
- Hydromorphone/Dihydromorphinone25
- Marijuana/Cannabis1500
- Marijuana/Cannabis Plant50 plants
- Meperidine/Pethidine100
- Mescaline10
- Methamphetamine25
- Methaqualone50
- Morphine25
- Mushrooms containing Psilocyn and/or Psilocybin100
- Opium100
- Oxycodone25
- Pentazocine50
- Peyote100
- Phencyclidine/PCP5
- Phentermine50
- Phenylacetone PP25
- Psilocyn2
- Psilocybin2
- Tetrahydrocannabinol5
- 3-Methylfentanyl1
- 3,4-Methylene-dioxyamphetamine/MDA10
- 3,4-Methylene-dioxymethamphetamine/MDMA10
(b) Any reference to a particular controlled substance in this section includes all salts, isomers and all salts of isomers. Any reference to cocaine includes ecgonine and coca leaves, except extracts of coca leaves from which cocaine and ecgonine have been removed.
(c) The scale amounts for all controlled substances in this section refer to the total weight of the controlled substance. If any mixture of a compound contains any detectable amount of a controlled substance, the entire amount of the mixture or compound shall be considered in measuring the quantity. If a mixture or compound contains a detectable amount of more than one controlled substance, the most serious controlled substance shall determine the categorization of the entire quantity.
(d) The provisions of this section shall not be applicable to crimes committed on or after July 1, 1993.
History: L. 1988, ch. 257, § 3; L. 1992, ch. 239, § 283; L. 2016, ch. 95, § 5; May 26.
§ 65-4127f Repealed
History: L. 1973, ch. 259, § 1; L. 1988, ch. 257, § 1; L. 1990, ch. 100, § 8; Repealed, L. 1991, ch. 85, § 5; May 2.
§ 65-4127g Repealed
History: L. 1973, ch. 259, § 2; L. 1974, ch. 258, § 9; L. 1980, ch. 100, § 3; L. 1982, ch. 269, § 8; L. 1986, ch. 241, § 4; L. 1986, ch. 243, § 1; L. 1987, ch. 244, § 4; L. 1987, ch. 245, § 1; L. 1988, ch. 257, § 2; L. 1989, ch. 200, § 5; L. 1990, ch. 100, § 9; L. 1991, ch. 85, § 5; Repealed, L. 1991, ch. 199, § 7; April 25.
§ 65-4128 Penalties in addition to remedies under other laws
Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
History: L. 1972, ch. 234, § 28; July 1.
§ 65-4129 Repealed
History: L. 1972, ch. 234, § 29; Repealed, L. 1992, ch. 298, § 97; July 1, 1993.
§ 65-4130 Enforcement
It is hereby made the duty of the state board of pharmacy and its duly authorized officers, agents, inspectors and representatives, and all law enforcement officers within the state, all county attorneys, the attorney general and the secretary of health and environment to enforce all provisions of this act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic, hypnotic, somnifacient or stimulating drugs.
History: L. 1972, ch. 234, § 30; L. 1975, ch. 462, § 105; July 1.
§ 65-4131 Inspection
The board and its duly authorized agents and employees may inspect controlled premises and practitioners' offices during business hours and in a lawful manner upon presenting appropriate credentials for the purpose of examining: (a) Any books, inventories, records or other documents required to be kept by a registrant under the provisions of this act or regulations issued pursuant thereto;
(b) all pertinent equipment, finished and unfinished material, containers and labeling found therein and, all other things therein, including but not limited to processes, controls and facilities; and
(c) inventory any stock of any controlled substance therein and obtain samples thereof upon payment therefor.
History: L. 1972, ch. 234, § 31; July 1.
§ 65-4132 Injunctions
The district courts of the state shall have jurisdiction in proceedings in accordance with the rules of civil procedure to enjoin violations of this act.
History: L. 1972, ch. 234, § 32; July 1.
§ 65-4133 Search warrant procedure
A search warrant relating to offenses involving controlled substances shall be issued in accordance with the provisions of the Kansas code of criminal procedure.
History: L. 1972, ch. 234, § 33; July 1.
§ 65-4134 Identity of patient or research subject of practitioner confidential
A practitioner engaged in medical practice or research or a mid-level practitioner acting in the usual course of such mid-level practitioner's practice is not required or compelled to furnish the name or identity of a patient or research subject to the board, nor may such practitioner or mid-level practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner or mid-level practitioner is obligated to keep confidential.
History: L. 1972, ch. 234, § 34; L. 1999, ch. 115, § 16; April 1, 2000.
§ 65-4135 Repealed
Revisor's Note: Standard asset seizure and forfeiture act, see 60-4101 et seq.
History: L. 1972, ch. 234, § 35; L. 1984, ch. 237, § 3; L. 1986, ch. 243, § 2; L. 1987, ch. 114, § 2; L. 1988, ch. 258, § 1; L. 1990, ch. 232, § 1; L. 1993, ch. 141, § 1; Repealed, L. 1994, ch. 339, § 28; July 1.
§ 65-4136 Repealed
History: L. 1972, ch. 234, § 36; L. 1988, ch. 258, § 2; Repealed, L. 1994, ch. 339, § 28; July 1.
§ 65-4137 Pending proceedings
(a) Prosecution for any violation of law similar to one set out in K.S.A. 65-4124 to 65-4126, inclusive, occurring prior to the effective date of this act is not affected or abated by this act. A violation of law is committed prior to the effective date of this act if any of the essential elements of the violation occurred before that date. Prosecutions for prior violations of law shall be governed, prosecuted and punished under the laws existing at the time such violations of law were committed;
(b) civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this act shall not be affected by this act;
(c) the board shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to the effective date of this act and who are registered or licensed by the state; and
(d) this act applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date.
History: L. 1972, ch. 234, § 37; L. 1972, ch. 235, § 3; July 1.
§ 65-4138 Medical care facility exemption
Nothing in this act shall be construed to prohibit a medical care facility licensed by the secretary of health and environment from keeping controlled items in a drug room of the medical care facility or supplying such controlled items in a drug room of the medical care facility or supplying such controlled items to its patients as provided under the provisions of K.S.A. 65-1648 and amendments thereto.
History: L. 1972, ch. 234, § 38; L. 1975, ch. 462, § 106; L. 1985, ch. 214, § 3; April 18.
§ 65-4139 Citation of act
Article 41 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be known and may be cited as the uniform controlled substances act.
History: L. 1972, ch. 234, § 39; L. 2009, ch. 32, § 56; July 1.
§ 65-4140 Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1972, ch. 234, § 40; July 1.
§ 65-4141 Repealed
History: L. 1989, ch. 179, § 1; L. 1992, ch. 298, § 76; L. 1993, ch. 291, § 236; L. 1994, ch. 338, § 13; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4142 Repealed
History: L. 1992, ch. 298, § 84; L. 1993, ch. 291, § 251; L. 1996, ch. 257, § 1; Repealed, L. 2009, ch. 32, § 64; July 1.
§§ 65-4143 through 65-4149 Reserved
§ 65-4150 Repealed
History: L. 1981, ch. 140, § 1; L. 2006, ch. 194, § 33; L. 2007, ch. 169, § 6; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4151 Repealed
History: L. 1981, ch. 140, § 2; L. 2006, ch. 211, § 9; L. 2007, ch. 169, § 7; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4152 Repealed
History: L. 1981, ch. 140, § 3; L. 1996, ch. 257, § 3; L. 1999, ch. 170, § 4; L. 2002, ch. 155, § 3; L. 2005, ch. 153, § 5; L. 2007, ch. 169, § 8; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4153 Repealed
History: L. 1981, ch. 140, § 4; L. 1987, ch. 246, § 2; L. 1993, ch. 291, § 237; L. 1996, ch. 257, § 4; L. 2007, ch. 169, § 9; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4154 Repealed
History: L. 1981, ch. 140, § 5; Repealed, L. 1992, ch. 298, § 97; July 1, 1993.
§ 65-4155 Repealed
History: L. 1981, ch. 140, § 6; L. 1993, ch. 291, § 238; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4156 Repealed
History: L. 1981, ch. 140, § 7; L. 1988, ch. 258, § 3; Repealed, L. 1994, ch. 339, § 28; July 1.
§ 65-4157 Severability of provisions of act
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.
History: L. 1981, ch. 140, § 8; July 1.
§ 65-4158 Repealed
History: L. 1990, ch. 100, § 11; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4159 Repealed
History: L. 1990, ch. 100, § 10; L. 1993, ch. 291, § 239; L. 1994, ch. 291, § 79; L. 1994, ch. 338, § 6; L. 1999, ch. 170, § 23; L. 2005, ch. 153, § 6; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4159a Repealed
History: L. 2004, ch. 125, § 3; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4160 Repealed
History: L. 1994, ch. 291, § 85; L. 1994, ch. 338, § 1; L. 2003, ch. 135, § 7; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4161 Repealed
History: L. 1994, ch. 291, § 86; L. 1994, ch. 338, § 2; L. 2004, ch. 125, § 1; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4162 Repealed
History: L. 1994, ch. 291, § 87; L. 1994, ch. 338, § 3; L. 1995, ch. 218, § 2; L. 2000, ch. 108, § 5; L. 2008, ch. 61, § 1; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4163 Repealed
History: L. 1994, ch. 291, § 88; L. 1994, ch. 338, § 4; L. 2000, ch. 108, § 6; L. 2004, ch. 125, § 2; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4164 Repealed
History: L. 1994, ch. 291, § 89; L. 1994, ch. 338, § 5; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4165 Repealed
History: L. 2002, ch. 166, § 1; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4166 Repealed
History: L. 2005, ch. 153, § 7; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4167 Trafficking in counterfeit drugs
(a) Trafficking in counterfeit drugs is intentionally manufacturing, distributing, dispensing, selling or delivering for consumption purposes, or holding or offering for sale, any counterfeit drug.
(b) Trafficking in counterfeit drugs which have a retail value of less than $500 is a class A nonperson misdemeanor, trafficking in counterfeit drugs which have a retail value of at least $500 but less than $25,000 is a severity level 9, nonperson felony and trafficking in counterfeit drugs which have a retail value of $25,000 or more is a severity level 7, nonperson felony.
(c) A pharmacy which is inadvertently in possession of counterfeit drugs may return those drugs to the supplier who provided the drugs to the pharmacy.
History: L. 2006, ch. 177, § 1; July 1.
§ 65-4168 Repealed
History: L. 2007, ch. 91, § 1; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4168a Repealed
History: L. 2007, ch. 169, § 10; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-4169 Severability clause
The provisions of this act are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this act.
History: L. 2007, ch. 169, § 14; May 17.
§ 65-4170 Reserved
§ 65-4171 Repealed
History: L. 1988, ch. 258, § 4; L. 1990, ch. 232, § 2; Repealed, L. 1994, ch. 339, § 28; July 1.
§ 65-4172 Repealed
History: L. 1988, ch. 258, § 5; Repealed, L. 1994, ch. 339, § 28; July 1.
§ 65-4173 Repealed
History: L. 1988, ch. 258, § 6; L. 1990, ch. 232, § 3; L. 1991, ch. 201, § 1; L. 1991, ch. 89, § 7; Repealed, L. 1994, ch. 339, § 28; July 1.
§§ 65-4174, 65-4175 Repealed
History: L. 1988, ch. 258, §§ 7, 8; Repealed, L. 1994, ch. 339, § 28; July 1.
Article 42 Examination, Licensure and Regulation of Mental Health Technicians
§ 65-4201 Citation of act
This act may be cited as the mental health technician's licensure act.
History: L. 1973, ch. 308, § 1; July 1, 1974.
§ 65-4202 Definitions
As used in this act: (a) "Board" means the board of nursing.
(b) The "practice of mental health technology" means the performance, under the direction of a physician licensed to practice medicine and surgery or registered professional nurse, of services in caring for and treatment of the mentally ill, emotionally disturbed, or people with intellectual disability for compensation or personal profit that:
(1) Involve participation and provision of input into the development of person-centered treatment plans and therapeutic procedures for individuals or groups of individuals specified in subsection (b) requiring interpersonal and technical skills in the observations and recognition of symptoms and reactions of such individuals, the accurate recording of such symptoms and reactions and the carrying out of treatments and medications as prescribed by a licensed physician or a mid-level practitioner as defined in K.S.A. 65-1626, and amendments thereto;
(2) require an application of techniques and procedures that involve understanding of cause and effect and the safeguarding of life and health of the individual and others; and
(3) require the performance of duties that are necessary to facilitate habitation and rehabilitation of the individual or are necessary in the physical, therapeutic and psychiatric care of the individual and require close work with persons licensed to practice medicine and surgery, psychiatrists, psychologists, rehabilitation therapists, social workers, registered nurses, and other professional personnel.
(c) A "licensed mental health technician" means a person who lawfully practices mental health technology as defined in this act.
(d) An "approved course in mental health technology" means a program of training and study including a basic curriculum that shall be prescribed and approved by the board in accordance with the standards prescribed herein, the successful completion of which shall be required before licensure as a mental health technician, except as hereinafter provided.
History: L. 1973, ch. 308, § 2; L. 1988, ch. 259, § 1; L. 1992, ch. 151, § 3; L. 1999, ch. 115, § 17; L. 2012, ch. 91, § 44; L. 2017, ch. 34, § 22; L. 2017, ch. 100, § 4; July 1.
§ 65-4203 Licensure of mental health technicians; application; qualifications; examination; refresher course; temporary permits; exempt license; rules and regulations
(a)
Qualification.
An applicant for a license to practice as a mental health technician shall:
(1) Have graduated from a high school accredited by the appropriate legal accrediting agency or have obtained the equivalent of a high school education, as determined by the state department of education;
(2) have satisfactorily completed an approved course of mental health technology; and
(3) file with the board a written application for a license.
(b) The board may issue a license to an applicant to practice as a mental health technician who has:
(1) Met the qualifications set forth in subsection (a);
(2) passed a written examination in mental health technology as prescribed by the board; and
(3) no disqualifying factors under K.S.A. 65-4209, and amendments thereto.
(c)
Licensure examination within 24 months of graduation.
(1) Persons who do not take the licensure examination within 24 months after graduation shall petition the board for permission prior to taking the licensure examination. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination.
(2) Persons who are unsuccessful in passing the licensure examination within 24 months after graduation shall petition the board for permission prior to subsequent attempts. The board may require the applicant to submit and complete a plan of study prior to taking the licensure examination a subsequent time. The study plan shall contain subjects related to deficiencies identified on the failed examination profiles.
(d) An application for initial licensure will be held awaiting completion of meeting qualifications for a time period specified in rules and regulations.
(e)
Refresher course.
Notwithstanding the provisions of subsection (a), an applicant for a license to practice as a mental health technician who has not been licensed to practice as a mental health technician for five years preceding application shall be required to successfully complete a refresher course as defined by the board in rules and regulations.
(f) The board may issue a one-time temporary permit to practice as a mental health technician for a period not to exceed 120 days when a reinstatement application has been made.
(g)
Exempt license.
The board may issue an exempt license to any licensee as defined in rules and regulations who makes written application for such license on a form provided by the board, who remits a fee as established pursuant to K.S.A. 65-4208, and amendments thereto, and who is not regularly engaged in mental health technician practice in Kansas but volunteers mental health technician service or is a charitable health care provider as defined by K.S.A. 75-6102, and amendments thereto. Each exempt licensee shall be subject to all provisions of the mental health technician act, except as otherwise provided in this subsection (e). Each exempt license may be renewed biennially subject to the provisions of this section. The holder of the exempt license shall not be required to submit evidence of satisfactory completion of a program of continuing education for renewal. To convert an exempt license to an active license, the exempt licensee shall meet all the requirements of subsection (b) or K.S.A. 65-4205, and amendments thereto. The board shall have authority to write rules and regulations to carry out the provisions of this section.
(h) The board may adopt rules and regulations as necessary to administer the mental health technician's licensure act.
History: L. 1973, ch. 308, § 3; L. 1975, ch. 333, § 1; L. 1983, ch. 207, § 5; L. 1987, ch. 247, § 1; L. 1992, ch. 151, § 4; L. 1993, ch. 194, § 17; L. 1995, ch. 97, § 4; L. 1997, ch. 158, § 8; L. 1999, ch. 84, § 4; L. 2001, ch. 161, § 11; L. 2017, ch. 31, § 4; July 1.
§ 65-4204 Title and abbreviations
Any person so licensed as a mental health technician in this state shall have the right to use the title "licensed mental health technician" and the abbreviation "L.M.H.T.," and it shall be unlawful for any person not licensed as herein provided to assume or use such title or abbreviation.
History: L. 1973, ch. 308, § 4; July 1, 1974.
§ 65-4205 Renewal of license; application; fees; continuing education; renewal of lapsed license; notification of change in name or address or criminal conviction
(a) The board shall send a notice for renewal of license to all licensed mental health technicians at least 60 days prior to the expiration date of December 31. Every mental health technician who desires to renew a license shall file with the board, on or before December 31 of even-numbered years, a renewal application together with the prescribed renewal fee. Every licensee who is no longer engaged in the active practice of mental health technology may so state by affidavit and submit such affidavit with the renewal application. An inactive license may be requested along with payment of a fee as determined by rules and regulations of the board.
Except for the first renewal for a license that expires within 30 months following licensure examination or for renewal of a license that expires within the first nine months following licensure by reinstatement or endorsement, every licensee with an active mental health technology license shall submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the board. The board by duly adopted rules and regulations shall establish the requirements for such program of continuing education. Continuing education means learning experiences intended to build upon the educational and experiential bases of the licensed mental health technician for the enhancement of practice, education, administration, research or theory development to the end of improving the health of the public.
Upon receipt of such application and evidence of satisfactory completion of the required program of continuing education and upon being satisfied that the applicant meets the requirements set forth in K.S.A. 65-4203, and amendments thereto, in effect at the time of initial licensure of the applicant, the board shall verify the accuracy of the application and grant a renewal license.
(b) Any licensee who fails to secure a renewal license within the time specified may secure a reinstatement of such lapsed license by making verified application therefor on a form prescribed by the board together with the prescribed reinstatement fee and, satisfactory evidence as required by the board that the applicant is presently competent and qualified to perform the responsibilities of a mental health technician and of satisfying all the requirements for reinstatement. A reinstatement application for licensure will be held awaiting completion of such documentation as may be required, but such application shall not be held for a period of time in excess of that specified in rules and regulations.
(c) (1) Each licensee shall notify the board in writing of (A) a change in name or address within 30 days of the change or (B) a conviction of any felony or misdemeanor, that is specified in rules and regulations adopted by the board, within 30 days from the date the conviction becomes final.
(2) As used in this subsection, "conviction" means a final conviction without regard to whether the sentence was suspended or probation granted after such conviction. Also, for the purposes of this subsection, a forfeiture of bail, bond or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. Failure to so notify the board shall not constitute a defense in an action relating to failure to renew a license, nor shall it constitute a defense in any other proceeding.
History: L. 1973, ch. 308, § 5; L. 1983, ch. 207, § 6; L. 1993, ch. 194, § 18; L. 1995, ch. 97, § 5; L. 1997, ch. 146, § 3; L. 2007, ch. 99, § 4; July 1.
§ 65-4206 Approved courses of mental health technology; standards; qualifications; providers of continuing education offerings
(a) An approved course of mental health technology is one which has been approved by the board as meeting the standards of this act and the rules and regulations of the board. The course, at a minimum, shall be of six months duration in which the institution shall provide for 18 weeks of schooling, one-half devoted to classroom instruction and one-half to clinical experience and shall include the study of:
(1) Basic nursing concepts;
(2) psychiatric therapeutic treatment; and
(3) human growth, development and behavioral sciences.
(b) An institution which intends to offer a course on mental health technology shall apply to the board for approval and submit evidence that the institution is prepared to and will maintain the standards and curriculum as prescribed by this act and the rules and regulations of the board. The application shall be made in writing upon a form prescribed by the board with the application fee fixed by the board by rules and regulations.
(c) The approval of a school of mental health technology shall expire five years after the granting of such approval by the board. An institution desiring to continue to conduct a course of mental health technology shall apply to the board for the renewal of approval and submit satisfactory proof that the institution will maintain the standards and the basic mental health technology curriculum as prescribed by this act and the rules and regulations of the board. Applications for renewal of approval shall be made in writing on forms supplied by the board. Each institution offering a course of mental health technology shall submit annually to the board an annual fee fixed by the board by rules and regulations to maintain approval status.
(d)
Providers of continuing education.
(1) To qualify as an approved provider of continuing education offerings, persons, organizations or institutions proposing to provide such continuing education offerings shall apply to the board for approval and submit evidence that the applicant is prepared to meet the standards and requirements established by the rules and regulations of the board for such continuing education offerings. Initial applications shall be made in writing on forms supplied by the board and shall be submitted to the board together with the application fee fixed by the board.
(2) A long-term provider means a person, organization or institution that is responsible for the development, administration and evaluation of continuing education programs and offerings. Qualification as a long-term approved provider of continuing education offerings shall expire five years after the granting of such approval by the board. An approved long-term provider of continuing education offerings shall submit annually to the board the annual fee established by rules and regulations, along with an annual report for the previous fiscal year. Applications for renewal as an approved long-term provider of continuing education offerings shall be made in writing on forms supplied by the board.
(3) Qualification as an approved provider of a single continuing education offering, which may be offered once or multiple times, shall expire two years after the granting of such approval by the board. Approved single continuing education providers shall not be subject to an annual fee or annual report.
(4) In accordance with rules and regulations adopted by the board, the board may approve individual educational offerings for continuing education which shall not be subject to approval under other subsections of this section.
(5) The board shall accept offerings as approved continuing education presented by: Colleges that are approved by a state or the national department of education and providers approved by other state boards of nursing, the national league for nursing, the national federation of licensed practical nurses, the American nurses credentialing center or other such national organizations as listed in rules and regulations adopted by the board.
History: L. 1973, ch. 308, § 6; L. 1992, ch. 151, § 5; L. 1997, ch. 146, § 4; May 8.
§ 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.
§ 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.
§ 65-4209 Grounds for disciplinary actions; proceedings; witnesses; costs; professional incompetency defined; criminal history record information
(a) The board may deny, revoke, limit or suspend any license to practice as a mental health technician issued or applied for in accordance with the provisions of this act, may publicly or privately censure a licensee or may otherwise discipline a licensee upon proof that the licensee:
(1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice mental health technology;
(2) is unable to practice with reasonable skill and safety due to current abuse of drugs or alcohol;
(3) to be a person who has been adjudged in need of a guardian or conservator, or both, under the act for obtaining a guardian or conservator, or both, and who has not been restored to capacity under that act;
(4) is incompetent or grossly negligent in carrying out the functions of a mental health technician;
(5) has committed unprofessional conduct as defined by rules and regulations of the board;
(6) has been convicted of a felony or has been convicted of a misdemeanor involving an illegal drug offense, unless the applicant or licensee establishes sufficient rehabilitation to warrant the public trust, except that notwithstanding K.S.A. 74-120, and amendments thereto, no license, certificate of qualification or authorization to practice as a licensed mental health technician shall be granted to a person with a felony conviction for a crime against persons as specified in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 21-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto;
(7) has committed an act of professional incompetency as defined in subsection (e);
(8) to have willfully or repeatedly violated the provisions of the mental health technician's licensure act or rules and regulations adopted under that act and amendments thereto; or
(9) to have a license to practice mental health technology denied, revoked, limited or suspended, or to be publicly or privately censured, by a licensing authority of another state, agency of the United States government, territory of the United States or country or to have other disciplinary action taken against the applicant or licensee by a licensing authority of another state, agency of the United States government, territory of the United States or country. A certified copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing authority of another state, agency of the United States government, territory of the United States or country shall constitute prima facie evidence of such a fact for purposes of this paragraph (9).
(b) Upon filing a sworn complaint with the board charging a person with having been guilty of any of the unlawful practices specified in subsection (a), two or more members of the board shall investigate the charges, or the board may designate and authorize an employee or employees of the board to conduct an investigation. After investigation, the board may institute charges. If an investigation, in the opinion of the board, reveals reasonable grounds to believe the applicant or licensee is guilty of the charges, the board shall fix a time and place for proceedings, which shall be conducted in accordance with the Kansas administrative procedure act.
(c) No person shall be excused from testifying in any proceedings before the board under the mental health technician's licensure act or in any civil proceedings under such act before a court of competent jurisdiction on the ground that the testimony may incriminate the person testifying, but such testimony shall not be used against the person for the prosecution of any crime under the laws of this state except the crime of perjury as defined in K.S.A. 21-5903, and amendments thereto.
(d) If final agency action of the board in a proceeding under this section is adverse to the applicant or licensee, the costs of the board's proceedings shall be charged to the applicant or licensee as in ordinary civil actions in the district court, but if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed by the board according to the statutes relating to procedure in the district court. All costs accrued by the board, when it is the successful party, and which the attorney general certifies cannot be collected from the applicant or licensee shall be paid from the board of nursing fee fund. All moneys collected following board proceedings shall be credited in full to the board of nursing fee fund.
(e) As used in this section, "professional incompetency" means:
(1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence, as determined by the board;
(2) repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board; or
(3) a pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to practice mental health technology.
(f) The board upon request shall receive from the Kansas bureau of investigation such criminal history record information relating to criminal convictions as necessary for the purpose of determining initial and continuing qualifications of licensees of and applicants for licensure by the board in accordance with K.S.A. 2025 Supp. 22-4715, and amendments thereto.
(g) All proceedings under this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1973, ch. 308, § 9; L. 1983, ch. 207, § 8; L. 1984, ch. 313, § 129; L. 1987, ch. 247, § 2; L. 1993, ch. 194, § 5; L. 1995, ch. 97, § 6; L. 1997, ch. 158, § 10; L. 2011, ch. 30, § 245; L. 2024, ch. 15, § 60; July 1.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
Article 43 Emergency Medical Services (Not in active use)
§ 65-4301 Repealed
History: L. 1974, ch. 244, § 1; L. 1977, ch. 222, § 1; L. 1978, ch. 253, § 2; L. 1981, ch. 254, § 1; L. 1983, ch. 217, § 1; L. 1987, ch. 248, § 4; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4302 Repealed
History: L. 1974, ch. 244, § 2; L. 1975, ch. 334, § 1; L. 1978, ch. 258, § 1; L. 1979, ch. 52, § 161; Repealed, L. 1988, ch. 261, § 48; April 14.
§§ 65-4303 through 65-4305 Repealed
History: L. 1974, ch. 244, §§ 3 to 5; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4306 Repealed
History: L. 1974, ch. 244, § 6; L. 1976, ch. 282, § 1; L. 1981, ch. 254, § 2; L. 1983, ch. 217, § 2; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4306a Repealed
History: L. 1983, ch. 217, § 7; L. 1987, ch. 248, § 5; Repealed, L. 1988, ch. 261, § 48; April 14.
§§ 65-4306b through 65-4306d Repealed
History: L. 1987, ch. 248, §§ 1 to 3; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4307 Repealed
History: L. 1974, ch. 244, § 7; L. 1983, ch. 217, § 3; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4308 Repealed
History: L. 1974, ch. 244, § 8; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4309 Repealed
History: L. 1974, ch. 244, § 9; L. 1978, ch. 253, § 3; Repealed, L. 1988, ch. 261, § 48; April 14.
§§ 65-4310 through 65-4313 Repealed
History: L. 1974, ch. 366, §§ 1 to 4; Repealed, L. 1975, ch. 335, § 16; July 1.
§ 65-4314 Repealed
History: L. 1975, ch. 335, § 1; L. 1978, ch. 253, § 4; L. 1982, ch. 270, § 3; L. 1983, ch. 217, § 4; L. 1984, ch. 244, § 8; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4315 Repealed
History: L. 1975, ch. 335, § 2; L. 1982, ch. 270, § 4; L. 1984, ch. 244, § 9; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4316 Repealed
History: L. 1975, ch. 335, § 3; L. 1977, ch. 222, § 2; L. 1982, ch. 270, § 5; L. 1984, ch. 244, § 10; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4317 Repealed
History: L. 1975, ch. 335, § 4; L. 1983, ch. 217, § 5; L. 1987, ch. 248, § 6; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4318 Repealed
History: L. 1975, ch. 335, § 5; L. 1982, ch. 270, § 6; L. 1983, ch. 286, § 6; L. 1984, ch. 244, § 11; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4319 Repealed
History: L. 1975, ch. 335, § 6; L. 1982, ch. 270, § 7; L. 1984, ch. 244, § 12; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4320 Repealed
History: L. 1975, ch. 335, § 7; L. 1977, ch. 222, § 3; L. 1982, ch. 270, § 8; L. 1984, ch. 244, § 13; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4321 Repealed
History: L. 1975, ch. 335, § 8; L. 1976, ch. 282, § 2; L. 1978, ch. 253, § 5; L. 1982, ch. 270, § 1; L. 1983, ch. 217, § 6; L. 1984, ch. 244, § 14; L. 1987, ch. 248, § 7; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4322 Repealed
History: L. 1975, ch. 335, § 9; L. 1982, ch. 270, § 9; L. 1984, ch. 244, § 15; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4323 Repealed
History: L. 1975, ch. 335, § 10; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4324 Repealed
History: L. 1975, ch. 335, § 11; L. 1982, ch. 270, § 2; L. 1984, ch. 244, § 16; L. 1987, ch. 248, § 8; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4324a Repealed
History: L. 1975, ch. 335, § 11; L. 1982, ch. 270, § 2; L. 1984, ch. 313, § 132; Repealed, L. 1987, ch. 248, § 10; July 1.
§ 65-4325 Repealed
History: L. 1975, ch. 335, § 12; L. 1982, ch. 270, § 10; L. 1984, ch. 244, § 17; L. 1986, ch. 318, § 110; L. 1988, ch. 356, § 214; Repealed, L. 1988, ch. 253, § 5; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4325a Repealed
History: L. 1975, ch. 335, § 12; L. 1982, ch. 270, § 10; L. 1984, ch. 313, § 133; L. 1987, ch. 248, § 9; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4326 Repealed
History: L. 1975, ch. 335, § 13; L. 1978, ch. 253, § 6; L. 1984, ch. 244, § 18; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4327 Repealed
History: L. 1975, ch. 335, § 14; L. 1978, ch. 253, § 7; L. 1985, ch. 221, § 8; Repealed, L. 1988, ch. 261, § 48; April 14.
§ 65-4328 Repealed
History: L. 1975, ch. 335, § 15; Repealed, L. 1988, ch. 261, § 48; April 14.
§§ 65-4329 through 65-4331 Repealed
History: L. 1977, ch. 271, §§ 1 to 3; L. 1984, ch. 244, §§ 19 to 21; Repealed, L. 1988, ch. 261, § 48; April 14.
§§ 65-4332 through 65-4334 Expired
History: L. 1985, ch. 221, §§ 1 to 3; Expired, July 1, 1987.
§ 65-4335 Expired
History: L. 1985, ch. 221, § 4; L. 1988, ch. 356, § 215; Expired, July 1, 1987.
§ 65-4336 Expired
History: L. 1985, ch. 221, § 5; L. 1986, ch. 244, § 1; Expired, July 1, 1987.
§ 65-4337 Expired
History: L. 1985, ch. 221, § 6; Expired, July 1, 1987.
§ 65-4338 Expired
History: L. 1985, ch. 221, § 7; L. 1986, ch. 244, § 2; Expired, July 1, 1987.
§§ 65-4339 through 65-4348 Repealed
History: L. 1987, ch. 230, §§ 1 to 10; Repealed, L. 1988, ch. 261, § 48; April 14.
Article 44 Community Mental Health and Intellectual Disability Assistance
§ 65-4401 Repealed
History: L. 1974, ch. 245, § 1; L. 1975, ch. 336, § 1; L. 1975, ch. 337, § 1; L. 1977, ch. 103, § 5; L. 1986, ch. 245, § 6; Repealed, L. 1987, ch. 249, § 13; July 1.
§ 65-4402 Repealed
History: L. 1974, ch. 245, § 2; L. 1986, ch. 245, § 7; Repealed, L. 1987, ch. 249, § 13; July 1.
§§ 65-4403 through 65-4405 Repealed
History: L. 1974, ch. 245, §§ 3 to 5; L. 1975, ch. 338, §§ 1 to 3; L. 1986, ch. 245, §§ 8 to 10; Repealed, L. 1987, ch. 249, § 13; July 1.
§ 65-4406 Repealed
History: L. 1974, ch. 245, § 6; L. 1975, ch. 428, § 2; L. 1975, ch. 338, § 4; L. 1986, ch. 245, § 11; Repealed, L. 1987, ch. 249, § 13; July 1.
§§ 65-4407, 65-4408 Repealed
History: L. 1974, ch. 245, §§ 7, 8; L. 1975, ch. 338, §§ 5, 6; L. 1986, ch. 245, §§ 12, 13; Repealed, L. 1987, ch. 249, § 13; July 1.
§ 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.
§ 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.
§ 65-4413 State participation in financing; grants, computation of amounts; rules and regulations; payments, when; proration of insufficient funds
(a) For the purpose of insuring that adequate community intellectual disability services are available to all inhabitants of Kansas, the state shall participate in the financing of community facilities for people with intellectual disability in the manner provided by this section.
(b) Subject to the provisions of appropriations acts and the provisions of K.S.A. 65-4414, and amendments thereto, the secretary shall make grants to community facilities for people with intellectual disability based on full-time equivalent clients served and per diem amounts per client as provided in this section. The secretary, in accordance with the provisions of this section, shall adopt rules and regulations (1) defining full-time equivalent clients and prescribing the method of computing full-time equivalent clients and (2) establishing statewide per diem amounts per client for the purposes of determining grants to community facilities for people with intellectual disability. A client accepted for a program by a facility shall constitute a full-time equivalent client only if the client was accepted by the facility on a first-come, first-serve basis in order of the time at which an application for admission was made to such facility on behalf of the client, except that a client accepted for a program by a facility on other than a first-come, first-serve basis because of a family crisis occasioned by family circumstances shall constitute a full-time equivalent client. The secretary shall adopt rules and regulations to define the parameters for agency boards of directors to follow in identifying "family crisis occasioned by family circumstances." Such rules and regulations shall require that each agency board of directors establish standards and guidelines, within parameters defined by the rules and regulations, which are consistent with the needs of clients and their families. The standards and guidelines established by the agency board of directors shall specify to the extent known the types of family crises most likely to necessitate admission to a facility and shall establish criteria for determining the appropriateness of such admission. In addition the rules and regulations shall establish procedures for review by the secretary of the appropriateness of any such admission.
(c) The secretary shall make grant payments each calendar quarter. Subject to the provisions of K.S.A. 65-4414, and amendments thereto: (1) The first year of per diem payments made under this section shall be based on the number of clients served during the base calendar year 1983; and (2) payments in subsequent years shall be based on actual clients served during the calendar year immediately preceding the year in which such grant payments are to be made. In the event that sufficient moneys to pay to all community facilities for people with intellectual disability, the full amount of grant payments determined in accordance with the number of actual clients served thereby and the current per diem amounts per client for any calendar quarter have not been appropriated or are not available, the entire amount available such calendar quarter for grant payments shall be prorated by the secretary among all the community facilities for people with intellectual disability applying for such grant payments in proportion to the amount each such community facility for people with intellectual disability would have received if sufficient moneys had been appropriated and available therefor, subject to the provisions of K.S.A. 65-4414, and amendments thereto. A client funded by special state funding shall not constitute a client for purposes of per diem funding under this section.
(d) The secretary shall adopt rules and regulations for the administration of the provisions of the Kansas community facilities for people with intellectual disability assistance act.
History: L. 1986, ch. 245, § 3; L. 1987, ch. 250, § 2; L. 2012, ch. 91, § 48; July 1.
§ 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.
§ 65-4415 Administration, powers and duties of secretary; duplication of programs, effect; consultative services for community facilities; over- and under-payments
(a) The secretary upon determination that a program included in the proposed budget of a community facility for people with intellectual disability: (1) Is a new program not included in previous budgets of such community center for people with intellectual disability; and (2) duplicates an existing program which is adequately serving the geographic area served by such community facility for people with intellectual disability, may subtract the full-time equivalent clients served by the program from the total full-time equivalent computation for purposes of granting financial assistance under the Kansas community facilities for people with intellectual disability assistance act or may require such community facility for people with intellectual disability to purchase the service from or otherwise cooperate with such other program.
(b) The secretary shall administer the provisions of the Kansas community facilities for people with intellectual disability assistance act. In administering the provisions of the Kansas community facilities for people with intellectual disability assistance act, the secretary shall review the budgets and expenditures of the facilities, 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.
(c) The secretary shall provide consultative staff service to community facilities for people with intellectual disability to assist in ascertaining local needs, in obtaining federal funds and assistance and in the delivery of services for people with intellectual disability at the local level.
(d) In the event any community facility for people with intellectual disability is paid more than it is entitled to receive under any distribution made under the Kansas community facilities for people with intellectual disability assistance act, the secretary shall notify the governing board of the community facility for people with intellectual disability 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 community facility for people with intellectual disability.
(e) In the event any community facility for people with intellectual disability is paid less than the amount to which it is entitled under any distribution made under the Kansas community facilities for people with intellectual disability assistance 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 year.
History: L. 1986, ch. 245, § 5; L. 2001, ch. 5, § 256; L. 2012, ch. 91, § 50; July 1.
§§ 65-4416 through 65-4430 Reserved
§ 65-4431 Citation of act
This act shall be known and may be cited as the Kansas community mental health centers assistance act.
History: L. 1987, ch. 249, § 1; July 1.
§ 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.
§ 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.
§ 65-4434 Grants; computation of amounts; proration of moneys; purchase of services; payments; basic level of services; governing body or local advisory committee
(a) Subject to the provisions of appropriation acts and the provisions of K.S.A. 65-4436 and amendments thereto, the secretary shall make grants in accordance with this section to mental health centers which are providing the basic level of services in the service delivery area as required under subsection (f).
(b) (1) For the fiscal year ending June 30, 1989, the secretary shall make grants under this section to each mental health center, which is providing the basic level of services prescribed under subsection (f), as provided in this subsection. Subject to the other provisions of this subsection (b), the grants to each mental health center shall be based upon the total of:
(A) The mental health center's base grant which shall be the greater of either (i) the amount equal to the grant payments received by the mental health center under this section for the previous fiscal year or (ii) the amount computed on the basis of $3.27 multiplied by the number of residents in the service area of the mental health center as of July 1, 1985, as certified by the division of the budget of the department of administration to the secretary of state in July of, 1986, plus
(B) each mental health center's pro rata share of any additional moneys, including any inflation adjustments, appropriated for such purpose in accordance with the base grant amounts so determined.
(2) If appropriations have been reduced from the previous fiscal year, the secretary shall prorate the available moneys based upon the grant payments received by mental health centers for the fiscal year ending June 30, 1988.
(c) For the fiscal year ending June 30, 1990, and for subsequent fiscal years, the secretary shall make grants to mental health centers as provided in this section, which are providing the basic level of services as prescribed under subsection (f) based upon the grant payments received by or for each mental health center for the previous fiscal year plus each mental health center's pro rata share of any increase in moneys, including any inflation adjustments, appropriated for such purpose, in accordance with the grant payments received by or for the mental health center for the previous fiscal year. If appropriations have been reduced from the previous fiscal year, the secretary shall prorate the available moneys based upon the grant payments for each center which were received during such fiscal year.
(d) At the beginning of each fiscal year, the secretary shall determine the amount of state funds due under this section to each mental health center which has applied for such funds and which is providing the basic level of services as prescribed under subsection (f). The secretary, with the consent of the governing board of a mental health center, may withhold funds that would otherwise be allocated to the mental health center and use the funds to match other funds for the purchase of services for the mental health center. Any funds withheld that are not used to purchase services in the various mental health centers shall be allocated to the mental health center from which such funds were originally withheld. In any case where a mental health center is not providing or has failed to continue providing the basic level of services as prescribed under subsection (f), the secretary shall withhold all or part of any grant otherwise payable to the mental health center, as warranted by the circumstances, until any deficiencies are corrected and the mental health center is providing such basic level of services.
(e) The state funds due under this section to each mental health center applying therefor shall be paid in four quarterly installments if it is providing the basic level of services prescribed under subsection (f). The moneys received in any quarter may be used at any time during the year. Installments shall be paid as follows: (1) On July 1st for the quarter beginning July 1 and ending September 30; (2) on October 1st for the quarter beginning October 1 and ending December 31; (3) on January 1st for the quarter beginning January 1 and ending March 31; and (4) on April 1st for the quarter beginning April 1 and ending June 30.
(f) The secretary shall adopt rules and regulations prescribing the basic level of services to be provided by mental health centers, including criteria prescribing such services in terms of types of services provided and minimum staffing levels therefor.
(g) In order to be eligible for grants under this section or for special purpose grants under K.S.A. 65-4435 and amendments thereto, each mental health center shall have a governing body which includes consumers of mental health services or representatives of mental health consumer groups and includes family members of mentally ill persons, except that, if the governing body of a mental health center is the board of county commissioners, such mental health center shall have a local advisory committee which includes consumers of mental health services or representatives of mental health consumer groups and includes family members of mentally ill persons.
History: L. 1987, ch. 249, § 4; L. 1988, ch. 262, § 1; L. 1990, ch. 92, § 33; January 1, 1991.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
Article 45 Certification of Operators of Water Supply Systems and Wastewater Treatment Facilities
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 65-4514 Providing for the disposition of moneys from the certification of operators of water supply systems and wastewater treatment facilities to be deposited to the credit of the water program management fund
The secretary shall remit all moneys received by or for the secretary from fees, charges or penalties from the certification of operators of water supply systems and wastewater treatment facilities under the provisions of this act and the rules and regulations adopted hereunder 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 water program management fund established pursuant to K.S.A. 65-166b, and amendments thereto.
History: L. 1975, ch. 510, § 14; L. 1983, ch. 286, § 12; L. 2001, ch. 5, § 258; L. 2024, ch. 10, § 3; July 1.
§ 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.
§ 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.
§ 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.
Article 46 Drug Abuse Treatment Facilities
§§ 65-4601, 65-4602 Repealed
History: L. 1976, ch. 381, §§ 1, 2; L. 1996, ch. 235, §§ 38, 39; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4603 Repealed
History: L. 1976, ch. 381, § 3; L. 1987, ch. 251, § 1; L. 1996, ch. 235, § 40; Repealed, L. 2008, ch. 150, § 9; July 1.
§ 65-4604 Repealed
History: L. 1976, ch. 381, § 4; L. 1987, ch. 251, § 2; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4605 Repealed
History: L. 1976. ch. 381, § 5; L. 1987, ch. 251, § 3; L. 1996, ch. 235, § 41; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4606 Repealed
History: L. 1976, ch. 381, § 6; L. 1986, ch. 318, § 112; L. 1988, ch. 356, § 216; Repealed, L. 2007, ch. 95, § 17; July 1.
§§ 65-4607, 65-4608 Repealed
History: L. 1976, ch. 381, §§ 7, 8; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4609 Repealed
History: L. 1976, ch. 381, § 9; L. 1996, ch. 235, § 42; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4610 Repealed
History: L. 1976, ch. 381, § 10; L. 1979, ch. 205, § 1; L. 1995, ch. 219, § 14; L. 2001, ch. 5, § 259; Repealed, L. 2007, ch. 95, § 17; July 1.
§ 65-4611 Repealed
History: L. 1987, ch. 251, § 4; Repealed, L. 2007, ch. 95, § 17; July 1.
Article 47 Health Planning and Development Act (Not in active use)
§ 65-4701 Repealed
History: L. 1976, ch. 263, § 1; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4702 Repealed
History: L. 1976, ch. 263, § 2; L. 1980, ch. 196, § 1; Repealed, L. 1987, ch. 232, § 11; July 1.
§§ 65-4703, 65-4704 Repealed
History: L. 1976, ch. 263, §§ 3, 4; L. 1980, ch. 196, §§ 2, 3; L. 1985, ch. 208, §§ 7, 8; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4705 Repealed
History: L. 1976, ch. 263, § 5; L. 1977, ch. 223, § 1; L. 1980, ch. 196, § 4; L. 1982, ch. 347, § 27; L. 1982, ch. 271, § 1; L. 1982, ch. 312, § 3; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4706 Repealed
History: L. 1976, ch. 263, § 6; L. 1977, ch. 223, § 2; Repealed, L. 1987, ch. 232, § 11; July 1.
§§ 65-4707, 65-4708 Repealed
History: L. 1976, ch. 263, §§ 7, 8; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4709 Repealed
History: L. 1976, ch. 263, § 9; L. 1980, ch. 196, § 5; Repealed, L. 1987, ch. 232, § 11; July 1.
§§ 65-4710, 65-4711 Repealed
History: L. 1976, ch. 263, §§ 10, 11; L. 1982, ch. 271, §§ 2, 3; Repealed, L. 1987, ch. 232, § 11; July 1.
§§ 65-4712 through 65-4716 Repealed
History: L. 1976, ch. 263, §§ 12 to 16; L. 1980, ch. 196, §§ 6 to 10; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4717 Repealed
History: L. 1976, ch. 263, § 17; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4718 Repealed
History: L. 1976, ch. 263, § 18; L. 1980, ch. 196, § 11; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4719 Repealed
History: L. 1976, ch. 263, § 19; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4720 Repealed
History: L. 1976, ch. 263, § 20; L. 1980, ch. 196, § 12; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4721 Repealed
History: L. 1976, ch. 263, § 21; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4722 Repealed
History: L. 1976, ch. 263, § 22; L. 1980, ch. 196, § 13; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4723 Repealed
History: L. 1976, ch. 263, § 23; Repealed, L. 1987, ch. 232, § 11; July 1.
§§ 65-4724, 65-4725 Repealed
History: L. 1976, ch. 263, §§ 24, 25; L. 1980, ch. 196, §§ 14, 15; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4726 Repealed
History: L. 1976, ch. 263, § 26; L. 1980, ch. 196, § 16; L. 1986, ch. 318, § 113; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4727 Repealed
History: L. 1976, ch. 263, § 27; L. 1980, ch. 196, § 17; Repealed, L. 1987, ch. 232, § 11; July 1.
§§ 65-4728 through 65-4730 Repealed
History: L. 1976, ch. 263, §§ 28 to 30; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4731 Repealed
History: L. 1976, ch. 263, § 31; Repealed, L. 1985, ch. 208, § 10; July 1.
§ 65-4732 Repealed
History: L. 1980, ch. 196, § 18; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4733 Repealed
History: L. 1982, ch. 271, § 4; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-4734 Repealed
History: L. 1982, ch. 271, § 5; L. 1983, ch. 218, § 1; L. 1984, ch. 245, § 1; Repealed, L. 1987, ch. 232, § 11; July 1.
Article 48 Health Facilities (Not in active use)
§ 65-4801 Repealed
History: L. 1976, ch. 280, § 1; L. 1977, ch. 224, § 1; L. 1978, ch. 260, § 1; L. 1978, ch. 261, § 1; L. 1979, ch. 191, § 1; L. 1980, ch. 197, § 1; L. 1982, ch. 272, § 1; L. 1983, ch. 219, § 1; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4802 Repealed
History: L. 1976, ch. 280, § 2; L. 1978, ch. 260, § 2; L. 1979, ch. 191, § 2; L. 1980, ch. 198, § 1; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4803 Repealed
History: L. 1976, ch. 280, § 3; L. 1978, ch. 260, § 3; L. 1979, ch. 191, § 3; L. 1980, ch. 197, § 2; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4804 Repealed
History: L. 1976, ch. 280, § 4; L. 1979, ch. 191, § 4; L. 1984, ch. 246, § 2; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4805 Repealed
History: L. 1976, ch. 280, § 5; L. 1978, ch. 260, § 4; L. 1979, ch. 191, § 5; L. 1980, ch. 197, § 3; L. 1982, ch. 272, § 2; L. 1983, ch. 219, § 2; L. 1984, ch. 246, § 3; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4806 Repealed
History: L. 1976, ch. 280, § 6; L. 1978, ch. 347, § 13; L. 1980, ch. 198, § 2; L. 1983, ch. 286, § 7; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4807 Repealed
History: L. 1976, ch. 280, § 7; L. 1978, ch. 260, § 5; L. 1979, ch. 191, § 6; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4808 Repealed
History: L. 1976, ch. 280, § 8; L. 1978, ch. 260, § 6; L. 1979, ch. 191, § 7; L. 1982, ch. 272, § 3; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4809 Repealed
History: L. 1976, ch. 280, § 9; L. 1979, ch. 191, § 8; L. 1982, ch. 272, § 4; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4810 Repealed
History: L. 1976, ch. 280, § 10; L. 1979, ch. 191, § 9; Repealed, L. 1982, ch. 272, § 9; July 1.
§ 65-4811 Repealed
History: L. 1976, ch. 280, § 11; L. 1978, ch. 260, § 7; L. 1982, ch. 272, § 5; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4812 Repealed
History: L. 1976, ch. 280, § 12; L. 1979, ch. 191, § 10; Repealed, L. 1982, ch. 272, § 9; July 1.
§ 65-4813 Repealed
History: L. 1976, ch. 280, § 13; L. 1979, ch. 191, § 11; Repealed, L. 1982, ch. 272, § 9; July 1.
§ 65-4814 Repealed
History: L. 1976, ch. 280, § 14; L. 1978, ch. 260, § 8; L. 1979, ch. 191, § 12; Repealed, L. 1983, ch. 219, § 4; July 1.
§ 65-4815 Repealed
History: L. 1976, ch. 280, § 15; L. 1979, ch. 191, § 13; L. 1982, ch. 272, § 6; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4816 Repealed
History: L. 1976, ch. 280, § 16; L. 1978, ch. 260, § 9; L. 1982, ch. 272, § 7; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4817 Repealed
History: L. 1976, ch. 280, § 17; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4818 Repealed
History: L. 1976, ch. 280, § 18; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4819 Repealed
History: L. 1976, ch. 280, § 19; L. 1978, ch. 260, § 10; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4820 Repealed
History: L. 1976, ch. 280, § 20; L. 1979, ch. 191, § 14; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4821 Repealed
History: L. 1980, ch. 198, § 3; Repealed, L. 1997, ch. 16, § 1; July 1.
§ 65-4822 Repealed
History: L. 1982, ch. 272, § 8; L. 1983, ch. 219, § 3; L. 1984, ch. 246, § 1; Repealed, L. 1997, ch. 16, § 1; July 1.
Article 49 Health Care Providers
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 65-4906 Immunity of screening panel from damages, when
No member of the screening panel shall be subject to a civil action for damages as a result of any action taken or recommendation made by such member acting without malice and in good faith within the scope of such member's official capacity as a member of the screening panel.
History: L. 1976, ch. 249, § 6; July 1.
§ 65-4907 Compensation of panel members; assessment of costs
(a) Each health care provider member of the screening panel shall be paid a total of $500 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in addition thereto, reasonable travel expense. The chairperson of the panel shall be paid a total of $750 for all work performed as a member of the panel exclusive of time involved if called as a witness to testify in court, and in addition thereto reasonable travel expenses. The chairperson shall keep an accurate record of the time and expenses of all the members of the panel, and the record shall be submitted to the parties for payment with the panel's report.
(b) Costs of the panel including travel expenses and other expenses of the review shall be paid by the side in whose favor the majority opinion is written. If the panel is unable to make a recommendation, then each side shall pay ½ of the costs. Items which may be included in the taxation of costs shall be those items enumerated by K.S.A. 60-2003, and amendments thereto.
History: L. 1976, ch. 249, § 7; L. 1986, ch. 229, § 50; L. 1991, ch. 175, § 2; L. 2008, ch. 80, § 8; July 1.
§ 65-4908 Filing memorandum request for panels to toll statute of limitations, when
In those cases before a screening panel which have not been formalized by filing a petition in a court of law, the filing of a memorandum requesting the convening of a screening panel shall toll any applicable statute of limitations and such statute of limitations shall remain tolled until thirty (30) days after the screening panel has issued its written recommendations.
History: L. 1976, ch. 249, § 8; July 1.
§ 65-4909 Limited liability for certain associations of health care providers, review organizations, committee members and individuals or entities acting at request thereof; good faith requirement; "health care provider" defined
(a) There shall be no liability on the part of and no action for damages shall arise against any: (1) State, regional or local association of health care providers; (2) state, regional or local association of licensed adult care home administrators; (3) organization delegated review functions by law, and the individual members of any committee thereof (whether or not such individual members are health care providers or licensed adult care home administrators); or (4) individual or entity acting at the request of any committee, association or organization listed in subsections (1) through (3), which in good faith investigates or communicates information regarding the quality, quantity or cost of care being given patients by health care providers or being furnished residents of adult care homes for any act, statement or proceeding undertaken or performed within the scope of the functions and within the course of the performance of the duties of any such association, organization or committee if such association, organization or committee or such individual member thereof acted in good faith and without malice.
(b) As used in this section, "health care provider" means a person licensed to practice any branch of the healing arts or engaged in a postgraduate training program approved by the state board of healing arts, mid-level practitioner as defined under K.S.A. 65-468, and amendments thereto, licensed dentist, licensed professional nurse, licensed practical nurse, licensed optometrist, licensed podiatrist, licensed pharmacist, physical therapist or respiratory therapist.
History: L. 1976, ch. 267, § 2; L. 1978, ch. 262, § 1; L. 1986, ch. 231, § 33; L. 1988, ch. 246, § 21; L. 1992, ch. 158, § 9; April 30.
§§ 65-4910 through 65-4913 Expired
History: L. 1976, ch. 327, §§ 1 to 4; Expired, December 31, 1978.
§ 65-4914 Public policy relating to provision of health care
It is the declared public policy of the state of Kansas that the provision of health care is essential to the well-being of its citizens as is the achievement of an acceptable quality of health care. Such goals may be achieved by requiring a system which combines a reasonable means to monitor the quality of health care with the provision of a reasonable means to compensate patients for the risks related to receiving health care rendered by health care providers licensed by the state of Kansas.
History: L. 1984, ch. 238, § 1; July 1.
§ 65-4915 Peer review; healthcare providers, services and costs; definitions; authority of peer review officer or committee; records and testimony of information contained therein privileged; licensing agency disciplinary proceedings; exceptions
(a) As used in this section:
(1) "Healthcare provider" means: (A) Those persons and entities defined as a healthcare provider under K.S.A. 40-3401, and amendments thereto; and (B) a dentist licensed by the Kansas dental board, a dental hygienist licensed by the Kansas dental board, a professional nurse licensed by the board of nursing, a practical nurse licensed by the board of nursing, a mental health technician licensed by the board of nursing, a physical therapist licensed by the state board of healing arts, a physical therapist assistant certified by the state board of healing arts, an occupational therapist licensed by the state board of healing arts, an occupational therapy assistant licensed by the state board of healing arts, a respiratory therapist licensed by the state board of healing arts, a physician assistant licensed by the state board of healing arts and emergency medical service provider and ambulance services certified by the emergency medical services board.
(2) "Healthcare provider group" means:
(A) A state or local association of healthcare providers or one or more committees thereof;
(B) the board of governors created under K.S.A. 40-3403, and amendments thereto;
(C) an organization of healthcare providers formed pursuant to state or federal law and authorized to evaluate medical and healthcare services;
(D) a review committee operating pursuant to K.S.A. 65-2840c, and amendments thereto;
(E) an organized medical staff of a licensed medical care facility as defined by K.S.A. 65-425, and amendments thereto, an organized medical staff of a private psychiatric hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto, or an organized medical staff of a state psychiatric hospital or state institution for people with intellectual disability, as follows: Larned state hospital, Osawatomie state hospital, Rainbow mental health facility, Kansas neurological institute and Parsons state hospital and training center;
(F) a healthcare provider;
(G) a professional society of healthcare providers or one or more committees thereof;
(H) a Kansas corporation whose stockholders or members are healthcare providers or an association of healthcare providers, which corporation evaluates medical and healthcare services;
(I) an insurance company, health maintenance organization or administrator of a health benefits plan that engages in any of the functions defined as peer review under this section; or
(J) the university of Kansas medical center.
(3) "Peer review" means any of the following functions:
(A) Evaluate and improve the quality of healthcare services rendered by healthcare providers;
(B) determine that health services rendered were professionally indicated or were performed in compliance with the applicable standard of care;
(C) determine that the cost of healthcare rendered was considered reasonable by the providers of professional health services in this area;
(D) evaluate the qualifications, competence and performance of the providers of healthcare or to act upon matters relating to the discipline of any individual provider of healthcare;
(E) reduce morbidity or mortality;
(F) establish and enforce guidelines designed to keep within reasonable bounds the cost of healthcare;
(G) conduct of research;
(H) determine if a hospital's facilities are being properly utilized;
(I) supervise, discipline, admit, determine privileges or control members of a hospital's medical staff;
(J) review the professional qualifications or activities of healthcare providers;
(K) evaluate the quantity, quality and timeliness of healthcare services rendered to patients in the facility;
(L) evaluate, review or improve methods, procedures or treatments being utilized by the medical care facility or by healthcare providers in a facility rendering healthcare.
(4) "Peer review officer or committee" means:
(A) An individual employed, designated or appointed by, or a committee of or employed, designated or appointed by, a healthcare provider group and authorized to perform peer review; or
(B) a healthcare provider monitoring the delivery of healthcare at correctional institutions under the jurisdiction of the secretary of corrections.
(b) Except as provided by K.S.A. 60-437, and amendments thereto, and by subsections (c) and (d), the reports, statements, memoranda, proceedings, findings and other records submitted to or generated by peer review committees or officers shall be privileged and shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity or be admissible in evidence in any judicial or administrative proceeding. Information contained in such records shall not be discoverable or admissible at trial in the form of testimony by an individual who participated in the peer review process. The peer review officer or committee creating or initially receiving the record is the holder of the privilege established by this section. This privilege may be claimed by the legal entity creating the peer review committee or officer, or by the commissioner of insurance for any records or proceedings of the board of governors.
(c) Subsection (b) shall not apply to proceedings in which a healthcare provider contests the revocation, denial, restriction or termination of staff privileges or the license, registration, certification or other authorization to practice of the healthcare provider. A licensing agency in conducting a disciplinary proceeding in which admission of any peer review committee report, record or testimony is proposed shall hold the hearing in closed session when any such report, record or testimony is disclosed. Unless otherwise provided by law, a licensing agency conducting a disciplinary proceeding may close only that portion of the hearing in which disclosure of a report or record privileged under this section is proposed. In closing a portion of a hearing as provided by this section, the presiding officer may exclude any person from the hearing location except the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel. The licensing agency shall make the portions of the agency record in which such report or record is disclosed subject to a protective order prohibiting further disclosure of such report or record. Such report or record shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity. No person in attendance at a closed portion of a disciplinary proceeding shall at a subsequent civil, criminal or administrative hearing, be required to testify regarding the existence or content of a report or record privileged under this section that was disclosed in a closed portion of a hearing, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing. A licensing agency conducting a disciplinary proceeding may review peer review committee records, testimony or reports but must prove its findings with independently obtained testimony or records that shall be presented as part of the disciplinary proceeding in open meeting of the licensing agency. Offering such testimony or records in an open public hearing shall not be deemed a waiver of the peer review privilege relating to any peer review committee testimony, records or report.
(d) Nothing in this section shall limit the authority that may otherwise be provided by law of the commissioner of insurance, the state board of healing arts or other healthcare provider licensing or disciplinary boards of this state to require a peer review committee or officer to report to it any disciplinary action or recommendation of such committee or officer; to transfer to it records of such committee's or officer's proceedings or actions to restrict or revoke the license, registration, certification or other authorization to practice of a healthcare provider; or to terminate the liability of the fund for all claims against a specific healthcare provider for damages for death or personal injury pursuant to K.S.A. 40-3403(i), and amendments thereto. Reports and records so furnished shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in evidence in any judicial or administrative proceeding other than a disciplinary proceeding by the state board of healing arts or other healthcare provider licensing or disciplinary boards of this state.
(e) A peer review committee or officer may report to and discuss its activities, information and findings to other peer review committees or officers or to a board of directors or an administrative officer of a healthcare provider without waiver of the privilege provided by subsection (b) and the records of all such committees or officers relating to such report shall be privileged as provided by subsection (b).
(f) Nothing in this section shall be construed to prevent an insured from obtaining information pertaining to payment of benefits under a contract with an insurance company, a health maintenance organization or an administrator of a health benefits plan.
History: L. 1984, ch. 238, § 7; L. 1987, ch. 176, § 7; L. 1988, ch. 236, § 1; L. 1993, ch. 171, § 1; L. 1996, ch. 5, § 1; L. 1997, ch. 149, § 1; L. 1999, ch. 87, § 5; L. 2000, ch. 162, § 22; L. 2002, ch. 203, § 18; L. 2003, ch. 128, § 25; L. 2012, ch. 91, § 51; L. 2012, ch. 166, § 12; L. 2018, ch. 71, § 23; L. 2019, ch. 64, § 17; June 6.
§ 65-4916 Severability of act
If any part or parts of this act [*] are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History: L. 1984, ch. 238, § 16; July 1.
§§ 65-4917 through 65-4920 Reserved
§ 65-4921 Definitions
As used in K.S.A. 65-4921 through 65-4930, and amendments thereto:
(a) "Appropriate licensing agency" means the agency that issued the license to the individual or healthcare provider who is the subject of a report under this act.
(b) "Department" means the department of health and environment.
(c) "Healthcare provider" means:
(1) Those persons and entities defined as a healthcare provider under K.S.A. 40-3401, and amendments thereto; and
(2) a dentist licensed by the Kansas dental board, a dental hygienist licensed by the Kansas dental board, a professional nurse licensed by the board of nursing, a practical nurse licensed by the board of nursing, a mental health technician licensed by the board of nursing, a physical therapist licensed by the state board of healing arts, a physical therapist assistant certified by the state board of healing arts, an occupational therapist licensed by the state board of healing arts, an occupational therapy assistant licensed by the state board of healing arts and a respiratory therapist licensed by the state board of healing arts.
(d) "License," "licensee" and "licensing" include comparable terms that relate to regulation similar to licensure, such as registration.
(e) "Medical care facility" means:
(1) A medical care facility licensed under K.S.A. 65-425 et seq., and amendments thereto;
(2) a private psychiatric hospital licensed under K.S.A. 39-2001 et seq., and amendments thereto; and
(3) state psychiatric hospitals and state institutions for people with intellectual disability, as follows: Larned state hospital, Osawatomie state hospital, Kansas neurological institute, south central regional mental health hospital and Parsons state hospital.
(f) "Reportable incident" means an act by a healthcare provider that:
(1) Is or may be below the applicable standard of care and has a reasonable probability of causing injury to a patient; or
(2) may be grounds for disciplinary action by the appropriate licensing agency.
(g) "Risk manager" means the individual designated by a medical care facility to administer its internal risk management program and to receive reports of reportable incidents within the facility.
(h) "Secretary" means the secretary of health and environment.
History: L. 1986, ch. 229, § 2; L. 1987, ch. 176, § 8; L. 1988, ch. 236, § 2; L. 1999, ch. 87, § 6; L. 2002, ch. 203, § 19; L. 2003, ch. 128, § 26; L. 2012, ch. 91, § 52; L. 2018, ch. 71, § 24; L. 2025, ch. 90, § 15; July 1.
§ 65-4922 Medical care facilities; risk management program required; submission of plan; inspections and investigations; approval of plan; reports and records confidential
(a) Each medical care facility shall establish and maintain an internal risk management program which shall consist of:
(1) A system for investigation and analysis of the frequency and causes of reportable incidents within the facility;
(2) measures to minimize the occurrence of reportable incidents and the resulting injuries within the facility; and
(3) a reporting system based upon the duty of all health care providers staffing the facility and all agents and employees of the facility directly involved in the delivery of health care services to report reportable incidents to the chief of the medical staff, chief administrative officer or risk manager of the facility.
(b) Not less than 60 days before the time for renewal of its license in 1987, each medical care facility shall submit to the department its plan for establishing and implementing an internal risk management program. Such plan may rely upon policies and procedures adopted by the medical care facility and its departments and committees. Failure to submit such a plan shall result in denial of the renewal of the facility's license.
(c) The department shall make or cause to be made such inspections and investigations as it deems necessary to reasonably assure that each medical care facility is implementing the internal risk management program required by this section. In making such inspections and investigations, the department may review and copy the reports and records of all executive committees designated to investigate reportable incidents under this act.
(d) Upon review of a plan submitted pursuant to subsection (b), the department shall determine whether the plan meets criteria of this section. If the plan does not meet such criteria, the department shall disapprove the plan and return it to the facility, along with the reasons for disapproval. Within 60 days, the facility shall submit to the department a revised plan which meets the requirements of this section and any rules and regulations adopted hereunder. No medical care facility shall be granted renewal of its license in 1988 unless its plan has been approved by the department.
(e) A medical care facility shall not be liable for compliance with or failure to comply with the provisions of this section or any rules and regulations adopted hereunder, except as provided in K.S.A. 65-430 and amendments thereto.
(f) The secretary shall adopt such rules and regulations as necessary to administer and enforce the provisions of this section.
(g) Any reports and records reviewed or obtained by the department and in the department's possession, pursuant to subsection (a) of K.S.A. 65-4925, and amendments thereto, shall be confidential and privileged and not subject to discovery, subpoena or legal compulsion for their release to any person or entity, nor shall they be admissible in any civil or administrative action other than a disciplinary proceeding by the department.
History: L. 1986, ch. 229, § 3; L. 1987, ch. 176, § 9; L. 1989, ch. 201, § 1; April 27.
§ 65-4923 Reporting requirements
(a) If a health care provider, or a medical care facility agent or employee who is directly involved in the delivery of health care services, has knowledge that a health care provider has committed a reportable incident, such health care provider, agent or employee shall report such knowledge as follows:
(1) If the reportable incident did not occur in a medical care facility, the report shall be made to the appropriate state or county professional society or organization, which shall refer the matter to a professional practices review committee duly constituted pursuant to the society's or organization's bylaws. The committee shall investigate all such reports and take appropriate action. The committee shall have the duty to report to the appropriate state licensing agency any finding by the committee that a health care provider acted below the applicable standard of care which action had a reasonable probability of causing injury to a patient, or in a manner which may be grounds for disciplinary action by the appropriate licensing agency, so that the agency may take appropriate disciplinary measures.
(2) If the reportable incident occurred within a medical care facility, the report shall be made to the chief of the medical staff, chief administrative officer or risk manager of the facility. The chief of the medical staff, chief administrative officer or risk manager shall refer the report to the appropriate executive committee or professional practices peer review committee which is duly constituted pursuant to the bylaws of the facility. The committee shall investigate all such reports and take appropriate action, including recommendation of a restriction of privileges at the appropriate medical care facility. In making its investigation, the committee may also consider treatment rendered by the health care provider outside the facility. The committee shall have the duty to report to the appropriate state licensing agency any finding by the committee that a health care provider acted below the applicable standard of care which action had a reasonable probability of causing injury to a patient, or in a manner which may be grounds for disciplinary action by the appropriate licensing agency, so that the agency may take appropriate disciplinary measures.
(3) If the health care provider involved in the reportable incident is a medical care facility, the report shall be made to the chief of the medical staff, chief administrative officer or risk manager of the facility. The chief of the medical staff, chief administrative officer or risk manager shall refer the report to the appropriate executive committee which is duly constituted pursuant to the bylaws of the facility. The executive committee shall investigate all such reports and take appropriate action. The committee shall have the duty to report to the department of health and environment any finding that the facility acted in a manner which is below the applicable standard of care and which has a reasonable probability of causing injury to a patient, so that appropriate disciplinary measures may be taken.
(4) As used in this subsection (a), "knowledge" means familiarity because of direct involvement or observation of the incident.
(5) This subsection (a) shall not be construed to modify or negate the physician-patient privilege, the psychologist-client privilege or the social worker-client privilege as codified by Kansas statutes.
(b) If a reportable incident is reported to a state agency which licenses health care providers, the agency may investigate the report or may refer the report to a review or executive committee to which the report could have been made under subsection (a) for investigation by such committee.
(c) When a report is made under this section, the person making the report shall not be required to report the reportable incident pursuant to K.S.A. 65-28,122 or 65-4216, and amendments to such sections. When a report made under this section is investigated pursuant to the procedure set forth under this section, the person or entity to which the report is made shall not be required to report the reportable incident pursuant to K.S.A. 65-28,121, 65-28,122 or 65-4216, and amendments to such sections.
(d) Each review and executive committee referred to in subsection (a) shall submit to the secretary of health and environment, on a form promulgated by such agency, at least once every three months, a report summarizing the reports received pursuant to subsections (a)(2) and (a)(3) of this section. The report shall include the number of reportable incidents reported, whether an investigation was conducted and any action taken.
(e) If a state agency that licenses health care providers determines that a review or executive committee referred to in subsection (a) is not fulfilling its duties under this section, the agency, upon notice and an opportunity to be heard, may require all reports pursuant to this section to be made directly to the agency.
(f) The provisions of this section shall not apply to a health care provider acting solely as a consultant or providing review at the request of any person or party.
History: L. 1986, ch. 229, § 4; L. 1987, ch. 176, § 10; L. 1988, ch. 236, § 3; July 1.
§ 65-4924 Reports relating to impaired providers; procedures
(a) If a report to a state licensing agency pursuant to subsection (a)(1) or (2) of K.S.A. 65-4923 or any other report or complaint filed with such agency relates to a health care provider's inability to practice the provider's profession with reasonable skill and safety due to physical or mental disabilities, including deterioration through the aging process, loss of motor skill or abuse of drugs or alcohol, the agency may refer the matter to an impaired provider committee of the appropriate state or county professional society or organization.
(b) The state licensing agency shall have the authority to enter into an agreement with the impaired provider committee of the appropriate state or county professional society or organization to undertake those functions and responsibilities specified in the agreement and to provide for payment therefor from moneys appropriated to the agency for that purpose. Such functions and responsibilities may include any or all of the following:
(1) Contracting with providers of treatment programs;
(2) receiving and evaluating reports of suspected impairment from any source;
(3) intervening in cases of verified impairment;
(4) referring impaired providers to treatment programs;
(5) monitoring the treatment and rehabilitation of impaired health care providers;
(6) providing posttreatment monitoring and support of rehabilitated impaired health care providers; and
(7) performing such other activities as agreed upon by the licensing agency and the impaired provider committee.
(c) The impaired provider committee shall develop procedures in consultation with the licensing agency for:
(1) Periodic reporting of statistical information regarding impaired provider program activity;
(2) periodic disclosure and joint review of such information as the licensing agency considers appropriate regarding reports received, contacts or investigations made and the disposition of each report;
(3) immediate reporting to the licensing agency of the name and results of any contact or investigation regarding any impaired provider who is believed to constitute an imminent danger to the public or to self;
(4) reporting to the licensing agency, in a timely fashion, any impaired provider who refuses to cooperate with the committee or refuses to submit to treatment, or whose impairment is not substantially alleviated through treatment, and who in the opinion of the committee exhibits professional incompetence; and
(5) informing each participant of the impaired provider committee of the procedures, the responsibilities of participants and the possible consequences of noncompliance.
(d) If the licensing agency has reasonable cause to believe that a health care provider is impaired, the licensing agency may cause an evaluation of such health care provider to be conducted by the impaired provider committee or its designee for the purpose of determining if there is an impairment. The impaired provider committee or its designee shall report the findings of its evaluation to the licensing agency.
(e) An impaired health care provider may submit a written request to the licensing agency for a restriction of the provider's license. The agency may grant such request for restriction and shall have authority to attach conditions to the licensure of the provider to practice within specified limitations. Removal of a voluntary restriction on licensure to practice shall be subject to the statutory procedure for reinstatement of license.
(f) A report to the impaired provider committee shall be deemed to be a report to the licensing agency for the purposes of any mandated reporting of provider impairment otherwise provided for by the law of this state.
(g) An impaired provider who is participating in, or has successfully completed, a treatment program pursuant to this section shall not be excluded from any medical care facility staff solely because of such participation. However, the medical care facility may consider any impairment in determining the extent of privileges granted to a health care provider.
(h) Notwithstanding any other provision of law, a state or county professional society or organization and the members thereof shall not be liable to any person for any acts, omissions or recommendations made in good faith while acting within the scope of the responsibilities imposed pursuant to this section.
History: L. 1986, ch. 229, § 5; July 1.
§ 65-4925 Reports, records and proceedings confidential and privileged; licensing agency disciplinary proceedings
(a) The reports and records made pursuant to K.S.A. 65-4923 or 65-4924, and amendments thereto, shall be confidential and privileged, including:
(1) Reports and records of executive or review committees of medical care facilities or of a professional society or organization;
(2) reports and records of the chief of the medical staff, chief administrative officer or risk manager of a medical care facility;
(3) reports and records of any state licensing agency or impaired provider committee of a professional society or organization; and
(4) reports made pursuant to this act to or by a medical care facility risk manager, any committee, the board of directors, administrative officer or any consultant.
Such reports and records shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity and shall not be admissible in any civil or administrative action other than a disciplinary proceeding by the appropriate state licensing agency.
(b) No person in attendance at any meeting of an executive or review committee of a medical care facility or of a professional society or organization while such committee is engaged in the duties imposed by K.S.A. 65-4923 shall be compelled to testify in any civil, criminal or administrative action, other than a disciplinary proceeding by the appropriate licensing agency, as to any committee discussions or proceedings.
(c) No person in attendance at any meeting of an impaired provider committee shall be required to testify, nor shall the testimony of such person be admitted into evidence, in any civil, criminal or administrative action, other than a disciplinary proceeding by the appropriate state licensing agency, as to any committee discussions or proceedings.
(d) Any person or committee performing any duty pursuant to this act shall be designated a peer review committee or officer pursuant to K.S.A. 65-4915 and amendments thereto.
(e) A licensing agency in conducting a disciplinary proceeding in which admission of any peer review committee report, record or testimony is proposed shall hold the hearing in closed session when any such report, record or testimony is disclosed. Unless otherwise provided by law, a licensing agency conducting a disciplinary proceeding may close only that portion of the hearing in which disclosure of a report or record privileged under this section is proposed. In closing a portion of a hearing as provided by this section, the presiding officer may exclude any person from the hearing location except the licensee, the licensee's attorney, the agency's attorney, the witness, the court reporter and appropriate staff support for either counsel. The licensing agency shall make the portions of the agency record in which such report or record is disclosed subject to a protective order prohibiting further disclosure of such report or record. Such report or record shall not be subject to discovery, subpoena or other means of legal compulsion for their release to any person or entity. No person in attendance at a closed portion of a disciplinary proceeding shall at a subsequent civil, criminal or administrative hearing, be required to testify regarding the existence or content of a report or record privileged under this section which was disclosed in a closed portion of a hearing, nor shall such testimony be admitted into evidence in any subsequent civil, criminal or administrative hearing. A licensing agency conducting a disciplinary proceeding may review peer review committee records, testimony or reports but must prove its findings with independently obtained testimony or records which shall be presented as part of the disciplinary proceeding in open meeting of the licensing agency. Offering such testimony or records in an open public hearing shall not be deemed a waiver of the peer review privilege relating to any peer review committee testimony, records or report.
History: L. 1986, ch. 229, § 6; L. 1987, ch. 176, § 11; L. 1997, ch. 149, § 2; May 1.
§ 65-4926 Immunity from civil liability for report or investigation, limits
Any person or entity which, in good faith, reports or provides information or investigates any health care provider as authorized by K.S.A. 65-4923 or 65-4924 shall not be liable in a civil action for damages or other relief arising from the reporting, providing of information or investigation except upon clear and convincing evidence that the report or information was completely false, or that the investigation was based on false information, and that the falsity was actually known to the person making the report, providing the information or conducting the investigation at the time thereof.
History: L. 1986, ch. 229, § 7; July 1.
§ 65-4927 Failure to report; remedies; immunity from civil liability
(a) No person or entity shall be subject to liability in a civil action for failure to report as required by K.S.A. 65-4923 or 65-4924.
(b) The license of a person or entity required to report under subsection (a) of K.S.A. 65-4923 may be revoked, suspended or limited, or the licensee subjected to public or private censure, by the appropriate state licensing agency if the licensee is found, pursuant to the Kansas administrative procedure act, to have willfully and knowingly failed to make any report as required by K.S.A. 65-4923 or 65-4924.
(c) Willful and knowing failure to make a report required by K.S.A. 65-4923 or 65-4924 is a class C misdemeanor.
(d) In no event shall a medical care facility or a professional society or organization be liable in damages for the alleged failure to properly investigate or act upon any report made pursuant to K.S.A. 65-4923.
History: L. 1986, ch. 229, § 8; July 1.
§ 65-4928 Employer retribution for reporting; prohibition; remedy
(a) No employer shall discharge or otherwise discriminate against any employee for making any report pursuant to K.S.A. 65-4923 or 65-4924.
(b) Any employer who violates the provisions of subsection (a) shall be liable to the aggrieved employee for damages for any wages or other benefits lost due to the discharge or discrimination plus a civil penalty in an amount not exceeding the amount of such damages. Such damages and civil penalty shall be recoverable in an individual action brought by the aggrieved employee. If the aggrieved employee substantially prevails on any of the allegations contained in the pleadings in an action allowed by this section, the court, in its discretion, may allow the employee reasonable attorney fees as part of the costs.
History: L. 1986, ch. 229, § 9; July 1.
§ 65-4929 Purpose of risk management programs; status of entities conducting programs; antitrust immunity
(a) The legislature of the state of Kansas recognizes the importance and necessity of providing and regulating certain aspects of health care delivery in order to protect the public's general health, safety and welfare. Implementation of risk management plans and reporting systems as required by K.S.A. 65-4922, 65-4923 and 65-4924 and peer review pursuant to K.S.A. 65-4915 and amendments thereto effectuate this policy.
(b) Health care providers and review, executive or impaired provider committees performing their duties under K.S.A. 65-4922, 65-4923 and 65-4924 and peer review pursuant to K.S.A. 65-4915 and amendments thereto for the purposes expressed in subsection (a) and 65-4915 and amendments thereto shall be considered to be state officers engaged in a discretionary function and all immunity of the state shall be extended to such health care providers and committees, including that from the federal and state antitrust laws.
(c) Nothing in this section shall be construed to require health care providers or review, executive or impaired provider committees to be subject to or comply with any other law relating to or regulating state agencies, officers or employees.
History: L. 1986, ch. 229, § 10; July 1.
§ 65-4930 Act supplemental to existing law
The provisions of K.S.A. 65-4921 through 65-4929 shall be supplemental to K.S.A. 65-28,121, 65-28,122, 65-4216 and 65-4909, and amendments to such sections, and shall not be construed to repeal or modify those sections.
History: L. 1986, ch. 229, § 11; L. 1988, ch. 236, § 4; July 1.
§§ 65-4931 through 65-4940 Reserved
§ 65-4941 Do not resuscitate orders or directives; definitions
As used in this act:
(a) "Cardiopulmonary resuscitation" means chest compressions, assisted ventilations, intubation, defibrillation, administration of cardiotonic medications or other medical procedure which is intended to restart breathing or heart functioning;
(b) "do not resuscitate" directive or "DNR directive" means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of this act;
(c) "do not resuscitate order" or "DNR order" means instruction by the physician or physician assistant who is responsible for the care of the patient while admitted to a medical care facility licensed pursuant to K.S.A. 65-429, and amendments thereto, or an adult care home licensed pursuant to K.S.A. 39-928, and amendments thereto;
(d) "health care provider" means a health care provider as that term is defined by K.S.A. 65-4915, and amendments thereto;
(e) "DNR identifier" means a medallion or bracelet designed to be worn by a patient which has been inscribed to identify the patient and contains the letters "DNR" or the statement "do not resuscitate" when such DNR identifier is distributed by an entity certified by the emergency medical services board;
(f) "physician" means a person licensed to practice medicine and surgery by the state board of healing arts;
(g) "physician assistant" means a person licensed by the state board of healing arts to practice as a physician assistant; and
(h) "declarant" means any person who has executed a "do not resuscitate" directive in accordance with the provisions of this act.
History: L. 1994, ch. 143, § 1; L. 2015, ch. 46, § 15; July 1.
§ 65-4942 Same; form
A "do not resuscitate" directive shall be in substantially the following form:
PRE-HOSPITAL DNR REQUEST FORM
An advanced request to Limit the Scope of
Emergency Medical Care
I, _________________, request limited emergency care as herein described.
(Name)
I understand DNR means that if my heart stops beating or if I stop breathing, no medical procedure to restart breathing or heart functioning will be instituted.
I understand this decision will not prevent me from obtaining other emergency medical care by pre-hospital care providers or medical care directed by a physician prior to my death.
I understand I may revoke this directive at any time.
I give permission for this information to be given to the pre-hospital care providers, doctors, nurses or other health care personnel as necessary to implement this directive.
I hereby agree to the "Do Not Resuscitate" (DNR) directive.
| _______________________________ Signature | _______________________________ Date | | --- | --- | | _______________________________ Witness | _______________________________ Date |
I AFFIRM THIS DIRECTIVE IS THE EXPRESSED WISH OF THE PATIENT, IS MEDICALLY APPROPRIATE, AND IS DOCUMENTED IN THE PATIENT'S PERMANENT MEDICAL RECORD.
In the event of an acute cardiac or respiratory arrest, no cardiopulmonary resuscitation will be initiated.
| _______________________________________________ Attending Physician's or Physician Assistant's Signature* | _______________________________ Date | | --- | --- | | _______________________________________________ Address | _______________________________ Date |
*Signature of physician or physician assistant not required if the above-named is a member of a church or religion which, in lieu of medical care and treatment, provides treatment by spiritual means through prayer alone and care consistent therewith in accordance with the tenets and practices of such church or religion.
REVOCATION PROVISION
I hereby revoke the above declaration.
| _______________________________ Signature | _______________________________ Date | | --- | --- |
History: L. 1994, ch. 143, § 2; L. 2015, ch. 46, § 17; July 1.
§ 65-4943 Same; requirements of form
A "do not resuscitate" directive shall be: (a) In writing; (b) signed by the person making the declaration, or by another person in the declarant's presence and by the declarant's expressed direction; (c) dated; and (d) signed in the presence of a witness who is at least 18 years of age and who shall not be the person who signed the declaration on behalf of and at the direction of the person making the declaration, related to the declarant by blood or marriage, entitled to any portion of the estate of the declarant according to the laws of intestate succession of this state or under any will of the declarant or codicil thereto, or directly financially responsible for declarant's medical care.
History: L. 1994, ch. 143, § 3; April 14.
§ 65-4944 Same; immunity from liability
No health care provider who in good faith causes or participates in the withholding or withdrawing of cardiopulmonary resuscitation pursuant to a "do not resuscitate" order or directive or the presence of a DNR identifier shall be subject to any civil liability nor shall such health care provider be guilty of a crime or an act of unprofessional conduct.
History: L. 1994, ch. 143, § 4; April 14.
§ 65-4945 Same; existing documents, compliance with act
Any document or other method of establishing a "do not resuscitate" order or directive which has been adopted by a medical care facility, an adult care home, or an emergency medical service prior to the effective date of this act shall be considered in substantial compliance with the definition of a "do not resuscitate" order or directive under this act.
History: L. 1994, ch. 143, § 5; April 14.
§ 65-4946 Same; DNR identifier; duties of emergency medical services board; rules and regulations
The emergency medical services board shall certify pursuant to rules and regulations entities which distribute DNR identifiers. Such entities may be certified when a DNR identifier is distributed only pursuant to a properly executed "do not resuscitate" directive and when such entity maintains a toll free, staffed telephone line that may be called at any time to verify the identity of the patient.
History: L. 1994, ch. 143, § 6; April 14.
§ 65-4947 Same; validity of DNR order during transport of patient
A "do not resuscitate" order established while the patient is admitted to a medical care facility licensed pursuant to K.S.A. 65-429, and amendments thereto, or an adult care home licensed pursuant to K.S.A. 39-928, and amendments thereto, shall remain valid during transport of the patient between such medical care facility and an adult care home or between such adult care home and a medical care facility unless rescinded by the physician who is responsible for the care of the patient.
History: L. 1994, ch. 143, § 7; April 14.
§ 65-4948 Same; rules and regulations
The board may adopt rules and regulations necessary to implement the provisions of this act.
History: L. 1994, ch. 143, § 8; April 14.
§§ 65-4949 through 65-4954 Reserved
§ 65-4955 Health care provider cooperation act; legislative findings; protection of public
(a) This act shall be known and may be cited as the health care provider cooperation act.
(b) The legislature finds as follows: (1) Technological and scientific developments in health care have enhanced the prospects for further improvement in the quality of care provided to Kansas citizens; (2) the costs of improved technology and improved scientific methods for the provision of health care are significant factors in the escalating cost of health care; (3) cooperative agreements among health care providers concerning the provision of services can foster further improvements in the quality of health care for Kansas citizens, moderate increases in costs, avoid duplication of resources and improve access to needed services in rural areas of Kansas; and (4) because cooperative agreements may require health care providers to collaborate on the provision of services, thereby raising the issue of anti-trust effects, regulatory oversight of cooperative agreements is necessary to ensure that the benefits of agreements outweigh any disadvantages attributable to any reduction in competition resulting from such agreements.
(c) Cooperative agreements approved pursuant to this act articulate and implement the policy of the state to improve and protect the quality and availability of health care to Kansas citizens. Continued active supervision by the state over all aspects of such agreements, and the standards and requirements established by this act, will provide protection to the public offsetting the loss of protection otherwise provided by competition.
History: L. 1994, ch. 153, § 1; April 14.
§ 65-4956 Same; definitions
As used in this act:
(a) "Cooperative agreement" means an agreement among two or more health care providers for the sharing, allocation or referral of patients, personnel, instructional programs, support services and facilities, or medical, diagnostic or laboratory facilities or procedures or other services traditionally offered by health care providers.
(b) "Health care provider" means health care provider as defined under K.S.A. 65-4921 and amendments thereto; licensed pharmacist; or licensed optometrist.
(c) "Hospital" has the same meaning as defined under K.S.A. 65-425 and amendments thereto.
(d) "Secretary" means the secretary of health and environment.
History: L. 1994, ch. 153, § 2; April 14.
§ 65-4957 Same; cooperative agreements; application for certificate of public advantage; application fees; issuance of certificate of public advantage, when; evaluation of cooperative agreement; amendment of approved agreement
(a) A health care provider may negotiate and enter into cooperative agreements with other health care providers in the state if the likely benefits resulting from the agreements outweigh any disadvantages attributable to a reduction in competition that may result from the agreements.
(b) Parties to a cooperative agreement may apply to the secretary for a certificate of public advantage approving and governing that cooperative agreement. The application shall include an executed copy of the cooperative agreement and shall describe the nature and scope of the cooperation in the agreement and any consideration passing to any party under the agreement. The application shall be accompanied by an application fee fixed by the secretary by rules and regulations in an amount necessary to defray all or part of the costs of the agency in the determination of whether to grant or deny a certificate of public advantage under the health care provider cooperation act.
(c) The secretary shall review the application in accordance with the standards set forth in subsections (e) and (f) of this section, and shall hold a public hearing in accordance with rules and regulations adopted by the secretary. The secretary shall approve or deny the application within 90 days of the date of filing of the application and that decision shall be in writing and set forth the basis for the decision.
(d) The secretary shall issue a certificate of public advantage for a cooperative agreement if the secretary determines the applicants have demonstrated that the benefits resulting from the agreement outweigh any disadvantages attributable to a reduction in competition that may result from the agreement.
(e) In evaluating the potential benefits of a cooperative agreement, the secretary shall consider whether one or more of the following benefits may result from the cooperative agreement:
(1) Enhancement of the quality of health care provided to Kansas citizens;
(2) preservation of health care facilities or providers, or both, in geographical proximity to the communities traditionally served by those facilities or providers, or both;
(3) increased cost efficiency of services provided by the health care providers involved;
(4) improvements in the utilization of health care resources and equipment; and
(5) avoidance of duplication of resources.
(f) The secretary's evaluation of any disadvantages attributable to a reduction in competition likely to result from the agreement shall include, but not be limited to, the following factors:
(1) The extent of any adverse impact on the ability of health maintenance organizations, preferred provider organizations, managed health care service agents or other health care payers to negotiate optimal payment and service arrangements with hospitals, physicians, allied health care professionals or other health care providers;
(2) the extent of any reduction in competition among health care providers or other persons furnishing goods or services to, or in competition with, health care providers that may result directly or indirectly from the cooperative agreement;
(3) the extent of any adverse impact on patients in the quality, availability and cost of health care services; and
(4) the availability of arrangements that are less restrictive to competition and achieve the same benefits or a more favorable balance of benefits over disadvantages attributable to any reduction in competition which may result from the agreement.
(g) A cooperative agreement approved pursuant to this act may be amended only after the amendment is approved by the secretary in the same manner as required for initial approval of the cooperative agreement.
History: L. 1994, ch. 153, § 3; April 14.
§ 65-4958 Same; annual review of approved cooperative agreement; proceedings to terminate certificate of public advantage
Any cooperative agreement approved pursuant to this act shall thereafter be reviewed annually by the secretary. If the secretary determines at any time that a cooperative agreement no longer meets the requirements of this act, the secretary may initiate proceedings to terminate the certificate of public advantage in accordance with the Kansas administrative procedure act.
History: L. 1994, ch. 153, § 4; April 14.
§ 65-4959 Same; file of cooperative agreements for which certificates of public advantage are in effect; notice of termination
The secretary shall maintain on file all cooperative agreements for which certificates of public advantage are in effect. Any party to a cooperative agreement who terminates the agreement shall file a notice of termination with the secretary within 30 days after termination.
History: L. 1994, ch. 153, § 5; April 14.
§ 65-4960 Same; cooperative agreement for which certificate of public advantage issued is lawful agreement; negotiating and entering into cooperative agreement is lawful conduct; application of act; effect of provisions of cooperative agreement
(a) A cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. If the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the secretary, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct. Nothing in this act shall apply to any cooperative agreement, or to the actions of persons negotiating or executing a cooperative agreement, not submitted and approved in accordance with the provisions of this act.
(b) The provisions of this act shall apply to any agreement among health care providers by which ownership or control over substantially all of the stock, assets or activities of one or more health care providers is placed under the control of another health care provider.
(c) The provisions of this act shall not apply to:
(1) Any cooperative agreement entered into by health care providers prior to the effective date of this act; or
(2) any authorized activity of a rural health network under K.S.A. 65-468 et seq., and amendments thereto.
(d) The rights and responsibilities of the parties to a cooperative agreement shall be determined in accordance with the provisions of the cooperative agreement.
History: L. 1994, ch. 153, § 6; April 14.
§ 65-4961 Same; advisory committee of health care providers created
There is hereby created a committee of not to exceed five health care providers to be appointed as follows: One member by the governor; one member by the speaker of the house of representatives; one member by the minority leader of the house of representatives; one member by the president of the senate; and one member by the minority leader of the senate. The members of the committee shall serve at the pleasure of their appointing authority. The committee shall advise the secretary on matters concerning the administration of this act and make recommendations to the secretary concerning applications for the issuance of certificates of public advantage and the termination of such certificates. The committee shall meet on the call of the secretary. Committee members shall not be paid compensation, subsistence allowances, mileage or other expenses as otherwise may be authorized by law for attending meetings, or subcommittee meetings, of the committee.
History: L. 1994, ch. 153, § 7; April 14.
§§ 65-4962 through 65-4964 Reserved
§ 65-4965 Citation of act
K.S.A. 65-4965 to 65-4968, inclusive, and amendments thereto, shall be known as the patient's contact lens prescription release act.
History: L. 2002, ch. 113, § 1; January 1, 2003.
§ 65-4966 Patient entitled to receive copy of contact lens prescription; disclosures; prescription limitations
Each patient shall be entitled to receive a copy of such patient's contact lens prescription once the same prescription has been determined and the adaptation period has been completed. Any prescription for a specific brand of contact lenses available only from the licensed optometrist or person licensed to practice medicine and surgery, but which are generally marketed under an alternate brand, must disclose the name of the manufacturer and the trade name of the alternate brand. No contact lens prescription may be limited by an expiration date or otherwise to a period of less than 12 months from either the date the prescription is first determined or the last date of the contact lens evaluation by a licensed optometrist or a person licensed to practice medicine and surgery, whichever date is later, unless a health related reason for the limitation is noted in the patient's medical record.
History: L. 2002, ch. 113, § 3; January 1, 2003.
§ 65-4967 Definition of person dispensing contact lenses for purposes of section; persons mailing or delivering contact lenses to patients in Kansas; registration requirements; fees; temporary suspension or limitation of registration; emergency proceedings; moneys remitted to state board of healing arts
(a) For purposes of this section a person dispensing contact lenses means a person or entity not licensed under K.S.A. 65-1505, and amendments thereto, or licensed to practice medicine and surgery in Kansas who mails or delivers, using commercial courier or overnight or other delivery services, contact lenses to patients in Kansas pursuant to a contact lens prescription which such person or entity did not determine.
(b) No person dispensing contact lenses as defined under subsection (a) may dispense contact lenses to Kansas residents unless such person meets the criteria of this section, is registered under this section and pays the annual registration fee set by the state board of healing arts. Registration fees shall not exceed the annual fee for an initial or renewal permit to practice optometry in this state as provided in K.S.A. 65-1505, and amendments thereto.
(c) Approval of the registration for dispensing contact lenses shall be provided by the state board of healing arts upon certification by the person dispensing the contact lenses that such person:
(1) Is licensed or registered to dispense contact lenses in the state where the dispensing facility is located, if required to be licensed or registered in such state;
(2) provides the location, names and titles of all principal corporate officers and of the individual who is responsible for overseeing the dispensing of contact lenses in Kansas;
(3) complies with directions and appropriate requests for information from the regulating agency of each state where such person is licensed or registered;
(4) will respond directly and within a reasonable period of time, not to exceed 15 days, to all communications from the state board of healing arts concerning the dispensing of contact lenses in Kansas;
(5) maintains records of contact lenses and their corresponding valid, unexpired prescription dispensed in Kansas;
(6) agrees to cooperate with the state board of healing arts in providing information to the regulatory agency of any state where it is licensed or registered concerning matters related to the dispensing of contact lenses in Kansas;
(7) provides a toll-free telephone service for responding to questions and complaints from individuals in Kansas during such person's regular hours of operation and agrees to (a) include the toll-free number in literature provided with contact lenses and (b) refer all questions relating to eye care for the lenses prescribed to the licensee who determined the contact lens prescription;
(8) provides the following, or substantially equivalent, written notification to the patient whenever contact lenses are supplied:
WARNING: IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE OR REDNESS;
(9) fills contact lens prescriptions according to the strict directions of a person licensed to practice optometry or person licensed to practice medicine and surgery in Kansas, without any deviation or substitution of lenses; and
(10) consents in writing to the personal and subject matter jurisdiction of the district courts of this state and the state board of healing arts for actions arising out of this act.
(d) The state board of healing arts may temporarily suspend or temporarily limit the registration of any person dispensing contact lenses to Kansas residents in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that any of the requirements of subsection (c) and that the registrant's continued dispensing of contact lenses to Kansas residents would constitute an imminent danger to the public health and safety.
(e) The state board of healing arts shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the healing arts fee fund.
History: L. 2002, ch. 113, § 4; L. 2008, ch. 75, § 3; L. 2010, ch. 27, § 1; July 1.
§ 65-4968 Revocation of registration or license for failure to comply with requirements of act; civil fines for violations; disposition of moneys; injunction remedy for violations; enforcement of act
(a) The board of examiners in optometry may revoke the license of any person who is licensed by the board of examiners in optometry and who is dispensing contact lenses in Kansas under this act for failure to comply with the requirements set forth in the patient's contact lens prescription release act. The state board of healing arts may revoke the registration or license of any person who is registered under K.S.A. 65-4967, and amendments thereto, or licensed by the state board of healing arts and who is dispensing contact lenses in Kansas under this act for failure to comply with the requirements of the patient's contact lens prescription release act.
(b) (1) Upon a finding of any violation of the patient's contact lens prescription release act, in lieu of or in addition to any other action, the board of examiners in optometry for persons licensed by the board of examiners in optometry or the state board of healing arts for persons subject to the provisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A. 65-4967, and amendments thereto, or licensed by the state board of healing arts to practice medicine and surgery may assess a civil fine not in excess of $10,000 against such person dispensing contact lenses under this act.
(2) The board of examiners in optometry shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance the state treasurer shall deposit the entire amount in the state treasury. The state treasurer shall then deposit into the optometry fee fund an amount from such deposits equal to the board's actual costs, including attorney fees, related to fine assessment and enforcement as certified by the president of the board. All expenditures from such funds 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 designated by the president.
(3) The state board of healing arts shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance the state treasurer shall deposit the entire amount in the state treasury. The state treasurer shall then deposit into the healing arts fee fund an amount from such deposits equal to the board's actual costs, including attorney fees, related to fine assessment and enforcement as certified by the president of the board. All expenditures from such funds 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 designated by the president.
(c) If a person dispensing contact lenses is operating in violation of the patient's contact lens prescription release act, for persons licensed by the board of examiners in optometry, the board of examiners in optometry or the attorney general may commence an action to enjoin such person from further violations. If a person dispensing contact lenses who is subject to the provisions of K.S.A. 65-4967, and amendments thereto, is registered under K.S.A. 65-4967, and amendments thereto, or is licensed by the state board of healing arts, is operating in violation of the patient's contact lens prescription release act, the state board of healing arts or the attorney general may commence an action in the name of the state of Kansas to enjoin such person from further violations or from mailing, shipping or otherwise delivering contact lenses in Kansas.
(d) The board of examiners in optometry shall administer and enforce the provisions of the patient's contact lens prescription release act for persons licensed by the board of examiners in optometry, and the state board of healing arts shall administer and enforce the provisions of the patient's contact lens prescription release act for persons subject to the provisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A. 65-4967, and amendments thereto, or licensed by the state board of healing arts, and each such board is hereby granted such specific powers as are necessary for the purpose of administering and enforcing such law, including adopting rules and regulations, which rules and regulations shall not be inconsistent with the provisions of the law being enforced.
History: L. 2002, ch. 113, § 5; January 1, 2003.
§ 65-4969 Contact lens advisory council established; membership on council; expenses of members
(a) There is hereby established a contact lens advisory council to advise the state board of healing arts in carrying out the provisions of the patient's contact lens prescription release act. The council shall consist of three members, all residents of the state of Kansas appointed by the state board of healing arts as follows: One member shall be a person licensed to practice medicine and surgery who specializes in ophthalmology, one member shall be a licensed optometrist and one member shall be a person dispensing contact lenses as defined in the patient's contact lens prescription release act.
(b) If a vacancy occurs on the council, the state board of healing arts shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The members appointed shall serve at the pleasure of the state board of healing arts.
(c) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
History: L. 2002, ch. 113, § 6; January 1, 2003.
§ 65-4970 Repealed
History: L. 2002, ch. 165, § 1; Repealed, L. 2011, ch. 114, § 100; July 1.
§ 65-4971 Repealed
History: L. 2002, ch. 165, § 2; L. 2004, ch. 179, § 90; Repealed, L. 2011, ch. 114, § 100; July 1.
§ 65-4972 Repealed
History: L. 2002, ch. 165, § 3; Repealed, L. 2011, ch. 114, § 100; July 1.
§ 65-4973 Repealed
History: L. 2002, ch. 165, § 4; Repealed, L. 2011, ch. 114, § 100; July 1.
§ 65-4974 Research protocols; informed consent of adults and emancipated minors
(a) In accordance with the provisions of 21 C.F.R. § 56.101 et seq., and amendments thereto, and 45 C.F.R. § 46.101 et seq., and amendments thereto, in the case of an adult or emancipated minor who: (1) Is being treated by a person licensed to practice medicine and surgery and who has medical staff membership with a medical care facility, as defined in K.S.A. 65-4921, and amendments thereto, that has its own, or contracts with, an independent institutional review board; and (2) is incapable of giving informed consent for the research protocol, which has been approved by an institutional review board, the research protocol may proceed upon obtaining the informed consent of the adult or emancipated minor's legal guardian or the attorney in fact with the authority to make health care decisions for that person pursuant to K.S.A. 58-625 et seq., and amendments thereto.
(b) If neither of the designations described in subsection (a) has been made or neither of the parties described in subsection (a) can be contacted using reasonably diligent efforts, any member of the adult or emancipated child's family, in the order listed in this subsection, who has the capacity to provide informed consent and can be contacted using reasonably diligent efforts may provide informed consent to a research protocol, as described in subsection (a). The order of priority for family members to provide consent is as follows:
(1) The adult or emancipated minor's spouse, unless they are legally separated;
(2) an adult child;
(3) a parent; or
(4) an adult relative by blood or marriage.
(c) Nothing in this section shall authorize a legal guardian, attorney in fact with the authority to make health care decisions or family member authorized to provide informed consent pursuant to subsection (b) to provide informed consent as to research protocols that are contrary to the incapacitated person's permission, expressed orally or in writing, regarding such research protocols.
History: L. 2004, ch. 109, § 1; July 1.
§ 65-4975 Pain patient's quality of care act
K.S.A. 65-4975 through 65-4977, and amendments thereto, shall be known and may be cited as the pain patient's quality of care act.
History: L. 2006, ch. 110, § 1; July 1.
§ 65-4976 Legislative findings on pain treatment
The legislature finds and declares that pain is a significant health problem, and that the diagnosis and treatment of pain is complex, and can involve several therapeutic modalities. The treatment of pain may require the use of controlled substances in appropriate circumstances. In order to promote the public health, safety and welfare, the state has a duty to restrict the inappropriate use of controlled substances while supporting a physician's or other health care provider's ability to provide appropriate pain treatment consistent with patient needs and sound clinical judgment.
History: L. 2006, ch. 110, § 2; July 1.
§ 65-4977 Persons suffering from pain; use of controlled substances for pain treatment
(a) A person suffering from pain:
(1) Should be an active participant in decisions about the assessment, diagnosis and treatment of their pain.
(2) May accept or reject the use of any or all diagnostic and therapeutic modalities which may be recommended to treat such person's pain.
(3) Should accurately, completely, and honestly report all symptoms and concerns to physicians and other health care professionals conducting assessment and treatment of such person's pain.
(b) Nothing in this act shall be construed to prevent, restrict or limit a physician or other person authorized to prescribe drugs from prescribing, dispensing, administering, or distributing a controlled substance to a patient for the treatment of pain, when it is for a valid medical purpose and based on appropriate clinical indications.
(c) Nothing in this act shall be construed to require a physician or other person authorized to prescribe drugs to prescribe, dispense, administer, or distribute a controlled substance to a patient for the treatment of pain if in the judgment of the prescriber the use of a controlled substance is not clinically indicated or the most appropriate therapeutic modality.
History: L. 2006, ch. 110, § 3; July 1.
§ 65-4978 Medical retainer agreement; definitions; requirements; notice
(a) As used in this section:
(1) "Health care provider" means a person licensed under the healing arts act as specified by K.S.A. 65-2802(d), and amendments thereto. Health care provider includes an individual or other legal entity alone or with others professionally associated with the individual or other legal entity.
(2) "Medical retainer agreement" means a contract between a health care provider and an individual patient or patient's legal representative in which the health care provider agrees to provide routine health care services to the individual patient for an agreed-upon fee and period of time.
(3) "Routine health care service" means only the following:
(A) Screening, assessment, diagnosis and treatment for the purpose of promotion of health or the detection and management of disease or injury;
(B) medical supplies and prescription drugs that are dispensed in a health care provider's office or facility site;
(C) laboratory work including routine blood screening or routine pathology screening performed by a laboratory that meets either of the following requirements:
(i) Is associated with the health care provider that is a party to the medical retainer agreement; or
(ii) if not associated with the health care provider, has entered into an agreement with the health care provider that is a party to the medical retainer agreement to provide the laboratory work without charging a fee to the patient for the laboratory work.
(b) (1) A medical retainer agreement is not insurance and shall not be subject to any provisions of chapter 40 of the Kansas Statutes Annotated, and amendments thereto. Entering into a medical retainer agreement is not the business of insurance and is not subject to any provisions of chapter 40 of the Kansas Statutes Annotated, and amendments thereto.
(2) A health care provider or agent of a health care provider is not required to obtain a certificate of authority or license under chapter 40 of the Kansas Statutes Annotated, and amendments thereto, to market, sell or offer to sell a medical retainer agreement.
(3) To be considered a medical retainer agreement for the purposes of this section, the agreement must meet all of the following requirements:
(A) Be in writing;
(B) be signed by the health care provider or agent of the health care provider and the individual patient or such patient's legal representative;
(C) allow either party to terminate the agreement on written notice to the other party;
(D) describe and quantify the specific routine health care services that are included in the agreement;
(E) specify the fee for the agreement;
(F) specify the period of time under the agreement;
(G) prominently state in writing that the agreement is not health insurance;
(H) prohibit the health care provider and the patient from billing an insurer or other third party payer for the services provided under the agreement; and
(I) prominently state in writing that the individual patient must pay the provider for all services not specified in the agreement and not otherwise covered by insurance.
(c) At the top of the first page of the medical retainer agreement, the language shall prominently state in writing, in boldface type in 10 point font or greater and in the following form with all words capitalized:
NOTICE: THIS MEDICAL RETAINER AGREEMENT DOES NOT CONSTITUTE INSURANCE, IS NOT A MEDICAL PLAN THAT PROVIDES HEALTH INSURANCE COVERAGE FOR PURPOSES OF THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT AND COVERS ONLY LIMITED, ROUTINE HEALTH CARE SERVICES AS DESIGNATED IN THIS AGREEMENT.
This notice shall be followed by a short, parallel line which shall be initialed by the patient or the patient's legal representative to indicate the patient or patient's legal representative has read the notice statement.
History: L. 2015, ch. 46, § 1; July 1.
Article 50 Credentialing
§ 65-5001 Credentialing health care personnel; definitions
As used in this act unless the context requires otherwise, the following words and phrases shall have the meanings respectively ascribed to them herein:
(a) "Credentialing" or "credentialed" means the formal recognition of professional or technical competence through the process of registration, licensure or other statutory regulation.
(b) "Certification" means the process by which a nongovernmental agency or association or the federal government grants recognition to an individual who has met certain predetermined qualifications specified by the nongovernmental agency or association or the federal government.
(c) "Registration" means the process by which the state identifies and lists on an official roster those persons who meet predetermined qualifications and who will be the only persons permitted to use a designated title.
(d) "Licensure" means a method of regulation by which the state grants permission to persons who meet predetermined qualifications to engage in an occupation or profession, and that to engage in such occupation or profession without a license is unlawful.
(e) "Health care personnel" means those persons whose principal functions, customarily performed for remuneration, are to render services, directly or indirectly, to individuals for the purpose of:
(1) Preventing physical, mental or emotional illness;
(2) detecting, diagnosing and treating illness;
(3) facilitating recovery from illness; or
(4) providing rehabilitative or continuing care following illness; and who are qualified by training, education or experience to do so.
(f) "Provider of health care" means an individual:
(1) Who is a direct provider of health care (including, but not limited to, a person licensed to practice medicine and surgery, licensed dentist, registered professional nurse, licensed practical nurse, licensed podiatrist, or physician assistant) in that the individual's primary current activity is the provision of health care to individuals or the administration of facilities or institutions (including medical care facilities, long-term care facilities, outpatient facilities, and health maintenance organizations) in which such care is provided and, when required by state law, the individual has received professional training in the provision of such care or in such administration and is licensed or certified for such provision or administration;
(2) who holds a fiduciary position with, or has a fiduciary interest in, any entity described in subsection (f)(3)(B) or subsection (f)(3)(D) other than an entity described in either such subsection which is also an entity described in section 501(c)(3) of the internal revenue code of 1954, as amended and supplemented, and which does not have as its primary purpose the delivery of health care, the conduct of research, the conduct of instruction for health professionals or the production of drugs or articles described in subsection (f)(3)(C);
(3) who receives, either directly or through a spouse, more than ⅕ of such person's gross annual income from any one or combination of the following:
(A) Fees or other compensation for research into or instruction in the provision of health care;
(B) entities engaged in the provision of health care or in such research or instruction;
(C) producing or supplying drugs or other articles for individuals or entities for use in the provision of or in research into or instruction in the provision of health care; or
(D) entities engaged in producing drugs or such other articles;
(4) who is a member of the immediate family of an individual described in subsection (f)(1), (f)(2) or (f)(3); or
(5) who is engaged in issuing any policy or contract of individual or group health insurance or hospital or medical service benefits. An individual shall not be considered a provider of health care solely because the individual is a member of the governing board of an entity described in subsection (f)(3)(B) or subsection (f)(3)(D).
(g) "Consumer of health care" means an individual who is not a provider of health care.
(h) "Secretary" means the secretary of health and environment.
History: L. 1980, ch. 181, § 1; L. 1986, ch. 246, § 1; L. 1987, ch. 232, § 2; L. 1988, ch. 246, § 22; L. 2004, ch. 117, § 8; July 1.
§ 65-5002 Same; credentialing applications; fees
(a) Health care personnel seeking to be credentialed by the state shall submit a credentialing application to the secretary upon forms approved by the secretary. The application shall be accompanied by an application fee of $1,000. The secretary shall not accept a credentialing application unless such application is accompanied by the application fee and is signed by 100 or more Kansas resident proponents of credentialing the health care occupation or profession seeking to be credentialed. All credentialing applications accepted by the secretary shall be referred to the technical committee for review and recommendation in accordance with the provisions of this act and rules and regulations adopted by the secretary. The application fee established under this subsection (a) shall apply to every group of health care personnel which submits a credentialing application to the secretary on and after the effective date of this act and to every group of health care personnel which has not filed both a notice of intention and a fully answered application before the effective date of this act.
(b) The secretary shall remit all moneys received from fees under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1980, ch. 181, § 2; L. 1986, ch. 246, § 2; L. 1987, ch. 232, § 3; L. 2001, ch. 5, § 260; July 1.
§ 65-5003 Same; appointment of technical committee; hearings; evidence; criteria; findings; recommendations and report
(a) A technical committee shall be appointed by the secretary to examine and investigate each credentialing application referred by the secretary. Seven persons shall be appointed to each technical committee and such persons shall be appointed for a term of one year. Within 120 days after the expiration of such term, the secretary shall appoint a successor to fill such vacancy. The chairperson of the technical committee shall be designated by the secretary. Three members of the technical committee shall be health care personnel currently credentialed under the laws of this state. Four members of the technical committee shall be consumers of health care who are not also providers of health care. No member of the technical committee shall have a direct economic or personal interest in the credentialing or noncredentialing of health care personnel whose application for credentialing will be reviewed by the technical committee. If a member of the technical committee has a direct economic or personal interest in the credentialing or noncredentialing of health care personnel whose application for credentialing will be reviewed by the technical committee or otherwise has a conflict of interest concerning the credentialing or noncredentialing of health care personnel whose application for credentialing will be reviewed by the technical committee, the secretary shall replace such member on the technical committee by appointing a new member to the technical committee. The new member shall serve for the remainder of the term of the original member. A vacancy on the technical committee shall be filled by appointment within 120 days after such vacancy by the secretary for the remainder of the unexpired term of the vacant position.
(b) Each technical committee, as soon as possible after appointment of the members thereof, shall organize and review any credentialing application assigned to such committee by the secretary. The technical committee shall conduct fact-finding hearings and shall otherwise investigate the credentialing application.
(c) The technical committee shall attempt to obtain evidence and testimony from persons in support of the application and from persons opposed to the application, but evidence and testimony shall not be limited only to such persons. All interested persons shall have an opportunity to give evidence and testimony subject to such reasonable conditions as may be established by the technical committee in the conduct of the hearing and subject to applicable rules and regulations established under this act. A notice of all meetings of the technical committee shall be published in the Kansas register at least 30 days prior to the day of the meeting. The notice shall state the time and place of the meeting.
(d) The technical committee shall make findings in an objective, unbiased manner based on the criteria established in K.S.A. 65-5006 and amendments thereto. Credentialing applicants shall have the burden of bringing forth evidence upon which findings may be made and shall have the burden of proving by clear and convincing evidence that the health care provider occupation or profession should be credentialed by the state. The evidence required to sustain this burden of proof shall be more than hypothetical examples or testimonials. The technical committee shall detail its findings in a report and shall file the report with the secretary. The technical committee shall complete hearings and shall file a report for any applicant group of health care personnel that has begun the process.
(e) If the technical committee determines after consideration of the evidence and testimony that all the criteria established by law or by rules and regulations for credentialing have not been met and that credentialing is not appropriate, the technical committee shall recommend that an application for credentialing be denied. If the technical committee determines after consideration of the evidence and testimony that clear and convincing evidence has been presented that an occupational or professional group of health care personnel has met all the criteria established by law or by rules and regulations for credentialing and that credentialing by the state is appropriate, the technical committee shall recommend the application for credentialing be approved. If the technical committee recommends that the application for credentialing be approved, there shall be included in the committee's report a recommendation of the level or levels of credentialing, and such recommendation shall be based upon a finding by the technical committee, stated in the report, that all criteria established by law or by rules and regulations for the recommended level or levels of credentialing have been met. This recommendation shall be based on the criteria established in K.S.A. 65-5007 and amendments thereto.
History: L. 1980, ch. 181, § 3; L. 1986, ch. 246, § 3; L. 1987, ch. 232, § 4; July 1.
§ 65-5004 Repealed
History: L. 1980, ch. 181, § 4; L. 1986, ch. 246, § 4; Repealed, L. 1987, ch. 232, § 11; July 1.
§ 65-5005 Same; review of reports by secretary; recommendations of secretary; final report to legislature
(a) Within 120 days after receiving the report and recommendations of the technical committee relating to a credentialing application, the secretary shall prepare a final report for the legislature. In preparing the final report, the secretary shall apply the criteria established by K.S.A. 65-5006 and 65-5007 and amendments to these sections. The final report shall be submitted to the speaker of the house of representatives, to the president of the senate and to the chairpersons of the committees on public health and welfare for consideration by their respective committees. The secretary shall include the report of the technical committee in the final report prepared for submission to the legislature. The secretary need not be bound by the recommendations of a technical committee.
(b) If the secretary determines after consideration of the report of the technical committee and the evidence and testimony presented to the technical committee that all criteria established by law or by rules and regulations for credentialing have not been met and that credentialing is not appropriate, the secretary shall recommend that no legislative action be taken on a credentialing application. If the secretary determines that clear and convincing evidence which was more than hypothetical examples or testimonials was presented to the technical committee that the applicant occupational or professional group of health care personnel should be credentialed by the state, that the applicant occupational or professional group of health care personnel has met all the criteria established by law or by rules and regulations for credentialing and that credentialing by the state is appropriate, the secretary shall recommend that the occupational or professional group of health care personnel be credentialed. If the secretary recommends that an occupational or professional group of health care personnel be credentialed, the secretary shall recommend: (1) The level or levels of credentialing, and such recommendation shall be based upon a finding by the secretary, stated in the report, that all criteria established by law or by rules and regulations concerning the recommended level or levels of credentialing have been met; (2) an agency to be responsible for the credentialing process and the level or levels of credentialing; and (3) such matters as the secretary deems appropriate for possible inclusion in legislation relating to the recommendation for credentialing.
(c) No group of health care personnel shall be credentialed except by an act of the legislature. The final report of the secretary and the report and recommendations of the technical committee shall constitute recommendations to the legislature and shall not be binding upon the legislature. The legislature may dispose of such recommendations and reports as it deems appropriate.
History: L. 1980, ch. 181, § 5; L. 1986, ch. 246, § 5; L. 1987, ch. 232, § 5; July 1.
§ 65-5006 Same; credentialing criteria
(a) The technical committee appointed pursuant to K.S.A. 65-5003 and amendments thereto and the secretary shall apply the following criteria to each credentialing application:
(1) The unregulated practice of the occupation or profession can harm or endanger the health, safety or welfare of the public and the potential for such harm is recognizable and not remote;
(2) the practice of the occupation or profession requires an identifiable body of knowledge or proficiency in procedures, or both, acquired through a formal period of advanced study or training, and the public needs and will benefit by assurances of initial and continuing occupational or professional ability;
(3) if the practice of the occupation or profession is performed, for the most part, under the direction of other health care personnel or inpatient facilities providing health care services, such arrangement is not adequate to protect the public from persons performing noncredentialed functions and procedures;
(4) the public is not effectively protected from harm by certification of members of the occupation or profession or by means other than credentialing;
(5) the effect of credentialing of the occupation or profession on the cost of health care to the public is minimal;
(6) the effect of credentialing of the occupation or profession on the availability of health care personnel providing services provided by such occupation or profession is minimal;
(7) the scope of practice of the occupation or profession is identifiable;
(8) the effect of credentialing of the occupation or profession on the scope of practice of other health care personnel, whether or not credentialed under state law, is minimal; and
(9) nationally recognized standards of education or training exist for the practice of the occupation or profession and are identifiable.
(b) Reports of the technical committee, and the secretary shall include specific findings on the criteria set forth in subsection (a). No report of the technical committee or the secretary shall recommend credentialing of any occupational or professional group of health care personnel unless all the criteria set forth in subsection (a) have been met.
History: L. 1980, ch. 181, § 6; L. 1986, ch. 246, § 6; L. 1987, ch. 232, § 6; July 1.
§ 65-5007 Same; criteria applicable to levels of credentialing regulation
(a) All recommendations of the technical committee and the secretary which relate to the level or levels of credentialing regulation of a particular group of health care personnel shall be consistent with the policy that the least regulatory means of assuring the protection of the public is preferred and shall be based on alternatives which include, from least regulatory to most regulatory, the following:
(1) Statutory regulation, other than registration or licensure, by the creation or extension of statutory causes of civil action, the creation or extension of criminal prohibitions or the creation or extension of injunctive remedies is the appropriate level when this level will adequately protect the public's health, safety or welfare.
(2) Registration is the appropriate level when statutory regulation under paragraph (a)(1) is not adequate to protect the public's health, safety or welfare and when registration will adequately protect the public health, safety or welfare by identifying practitioners who possess certain minimum occupational or professional skills so that members of the public may have a substantial basis for relying on the services of such practitioners.
(3) Licensure is the appropriate level when statutory regulation under paragraph (a)(1) and registration under paragraph (a)(2) is not adequate to protect the public's health, safety or welfare and when the occupational or professional groups of health care personnel to be licensed perform functions not ordinarily performed by persons in other occupations or professions.
(b) Reports of the technical committee and the secretary shall include specific findings on the criteria set forth in subsection (a). No report of the technical committee or the secretary shall recommend the level or levels of credentialing of any occupational or professional group of health care personnel unless all the criteria set forth in subsection (a) for the recommended level or levels of credentialing have been met.
History: L. 1980, ch. 181, § 7; L. 1986, ch. 246, § 7; L. 1987, ch. 232, § 7; July 1.
§ 65-5008 Same; periodic review of credentialing status of health care personnel
The secretary shall periodically schedule for review the credentialing status of health care personnel who are credentialed pursuant to existing laws. The procedures to be followed, the criteria to be applied and the reports to be submitted for credentialing applications filed pursuant to K.S.A. 65-5002 and amendments thereto shall apply to credentialing reviews conducted pursuant to this section.
History: L. 1980, ch. 181, § 8; L. 1987, ch. 232, § 8; July 1.
§ 65-5009 Same; records; duties of secretary; rules and regulations; compensation of members of technical committee
(a) The secretary shall provide all necessary professional and clerical services to the technical committee. Records of all official actions and minutes of all business coming before the technical committee shall be kept. The secretary shall be the custodian of all records, documents and other property of the technical committee.
(b) The secretary shall adopt rules and regulations necessary to implement the provisions of this act including, but not limited to, rules and regulations establishing the policies and procedures to be followed by the technical committee in the consideration of credentialing applications under this act.
(c) Members of the technical committee appointed pursuant to K.S.A. 65-5003 and amendments thereto shall be paid subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223 and amendments thereto when in attendance at a meeting of the technical committee authorized by the secretary.
History: L. 1980, ch. 181, § 9; L. 1986, ch. 246, § 8; L. 1987, ch. 232, § 9; July 1.
§ 65-5010 Same; title of act
This act shall be known and may be cited as the Kansas act on credentialing.
History: L. 1980, ch. 181, § 10; July 1.
§ 65-5011 Application of act to certain credentialing applications
Except as otherwise provided in this act, the review of an application for credentialing commenced prior to the effective date of this act shall be governed by the provisions of this act which apply to that part of the review of such application which was not completed prior to the effective date of this act. The secretary shall authorize an original application for credentialing filed prior to the effective date of this act, to be amended to address the standards and criteria established under this act. Nothing in this section shall be construed to require the filing of a new application with the secretary.
History: L. 1986, ch. 246, § 9; April 24.
Article 51 Home Health Agencies
§ 65-5101 Definitions
As used in this act, unless the context otherwise requires:
(a) "Attendant care services" means basic and ancillary services provided under home and community based services waiver programs;
(b) "council" means the home health services advisory council created by this act;
(c) (1) "home health agency" means a public or private agency or organization or a subdivision or subunit of such agency or organization that provides for a fee one or more: (A) Home health services; (B) supportive care services; or (C) attendant care services provided under home and community based services waiver programs at the residence of a patient; and
(2) "home health agency" does not include: (A) Local health departments that are not federally certified home health agencies; (B) durable medical equipment companies that provide home health services by use of specialized equipment; (C) independent living agencies; (D) entities that are not reimbursed by medicare part A and only provide services of persons licensed or certified under the physical therapy practice act, persons licensed under the occupational therapy practice act and persons licensed as speech-language pathologists; (E) the Kansas department for aging and disability services; and (F) the department of health and environment;
(d) "home health services" means any of the following services provided at the current residence of the patient on a full-time, part-time or intermittent basis: Nursing, physical therapy, speech therapy, nutritional or dietetic consulting, occupational therapy, respiratory therapy, home health aide or medical social service;
(e) "home health aide" means an employee of a home health agency who is a certified nurse aide, is in good standing on the public nurse aide registry maintained by the Kansas department for aging and disability services and has completed a 20-hour home health aide course approved by the Kansas department for aging and disability services who assists, under registered nurse supervision, in the provision of home health services and provides assigned healthcare to patients. "Home health aide" does not include employees of a home health agency providing only supportive care services or attendant care services;
(f) "independent living agency" means a public or private agency or organization or a subunit of such agency or organization whose primary function is to provide at least four independent living services, including independent living skills training, advocacy, peer counseling and information and referral as defined by the rehabilitation act of 1973, title VII, part B, and such agency shall be recognized by the secretary for aging and disability services as an independent living agency. Such agencies include independent living centers and programs that meet the following quality assurances:
(1) Accreditation by a nationally recognized accrediting body such as the commission on accreditation of rehabilitation facilities; or
(2) receipt of grants from the state or the federal government and currently meets standards for independent living under the rehabilitation act of 1973, title VII, part B, sections (a) through (k), or comparable standards established by the state; or
(3) compliance with requirements established by the federal government under rehabilitation services administration standards for centers for independent living;
(g) "part-time or intermittent basis" means the providing of home health services in an interrupted interval sequence on the average of not to exceed three hours in any 24-hour period;
(h) "patient's residence" means the actual place of residence of the person receiving home health services, including institutional residences as well as individual dwelling units;
(i) "secretary" means secretary of health and environment;
(j) "subunit" or "subdivision" means any organizational unit of a larger organization that can be clearly defined as a separate entity within the larger structure, meet all of the requirements of this act independent of the larger organization, be held accountable for the care of patients it is serving and provides to all patients care and services meeting the standards and requirements of this act;
(k) "supportive care services" means services that do not require supervision by a healthcare professional, such as a physician assistant or registered nurse, to provide assistance with activities of daily living that the consumer could perform if such consumer were physically capable, including, but not limited to, bathing, dressing, eating, medication reminders, transferring, walking, mobility, toileting and continence care, provided in the consumer's temporary or permanent place of residence so that the consumer can remain safely and comfortably in the consumer's temporary or permanent place of residence. "Supportive care services" does not include any home health services; and
(l) "supportive care worker" means an employee of a home health agency who provides supportive care services.
History: L. 1984, ch. 335, § 1; L. 1985, ch. 222, § 1; L. 1990, ch. 233, § 1; L. 2014, ch. 115, § 269; L. 2017, ch. 17, § 2; L. 2025, ch. 85, § 2; July 1.
§ 65-5102 Home health agencies required to be licensed; temporary license; penalty for violation
Any agency, including medicare and medicaid providers, that provides one or more of the home health services, supportive care services or attendant care services specified in K.S.A. 65-5101, and amendments thereto, or that holds itself out as providing one or more of such services, or as a home health agency shall be licensed in accordance with the provisions of this act. Any agency found to be providing services meeting the definition of a home health agency without a license shall be notified of the agency's need to become licensed. The agency shall be offered a 60-day temporary license to continue operating during the pendency of an application for licensure. If the agency fails to obtain licensure within 30 calendar days, the secretary for aging and disability services shall assess a fine on the agency in accordance with this act. The secretary shall not grant a temporary license to any unlicensed agency that is providing services in a way that presents imminent harm to the public.
History: L. 1984, ch. 335, § 2; L. 1990, ch. 233, § 2; L. 2017, ch. 17, § 3; July 1.
§ 65-5103 Application for license; annual fee
(a) Persons desiring to receive a license to operate a home health agency shall file a written application with the secretary on a form prescribed by the secretary.
(b) The application shall be accompanied by a license fee fixed by rules and regulations of the secretary that establish a fee based upon the actual or estimated number of home health unduplicated patients admitted to a home health agency during the prior licensure year. The initial license fee may be greater than subsequent annual fees as established by the secretary by rules and regulations.
History: L. 1984, ch. 335, § 3; L. 1992, ch. 71, § 1; L. 2017, ch. 17, § 4; July 1.
§ 65-5104 Issuance of license; grounds for suspension or revocation; annual report and annual fee; posting; not transferable or assignable; temporary operating permit; statistical reports; reciprocal agreements with bordering states
(a) The secretary shall review the applications and shall issue a license to applicants who have complied with the requirements of this act and have received approval of the secretary after a survey inspection.
(b) A license shall remain in effect unless suspended or revoked, when the following conditions have been met:
(1) An annual report is filed upon such uniform dates and containing such information in such form as the secretary prescribes and is accompanied by the payment of an annual fee;
(2) the home health agency is in compliance with the requirements established under the provisions of this act as evidenced by an on-site survey conducted at least once every 36 months subsequent to any previous survey inspection; and
(3) the annual report is accompanied by a statement of any changes in the information previously filed with the secretary under K.S.A. 65-5103, and amendments thereto.
(c) If the annual report is not filed and the annual fee is not paid within 30 calendar days of the renewal expiration date, such license is automatically canceled. The annual fee shall be fixed by rules and regulations of the secretary. The license fee for renewal of a license in effect immediately prior to the effective date of this act shall constitute the annual fee until an annual fee is established by the secretary under this subsection.
(d) Each license shall be issued only for the home health agency listed in the application and annual report. Licenses shall be posted in a conspicuous place in the main offices of the licensed home health agency.
(e) A license shall not be transferable or assignable. When a home health agency is sold or ownership or management is transferred, or the corporate legal organization status is substantially changed, the license of the agency shall be voided and a new license obtained. Application for a new license shall be made to the secretary in writing, prior to the effective date of the sale, transfer or change in corporate status. The application for a new license shall be on the same form, containing the same information required for an original license, and shall be accompanied by the license fee. The secretary may issue a temporary operating permit for the continuation of the operation of the home health agency for a period of not more than 90 days pending the survey inspection and the final disposition of the application. The secretary shall require all licensed home health agencies to submit statistical reports. The content, format and frequency of such reports shall be determined by the secretary.
(f) Notwithstanding the foregoing provisions of this section, the secretary may enter into reciprocal agreements with states bordering Kansas whereby licenses may be granted, without an on-site survey and upon the filing of the prescribed application and payment of the prescribed fee, to home health agencies duly licensed in a bordering state, so long as the secretary finds that the requirements for licensure of the state from which the applicant applies are substantially the same as those in Kansas and the applicant is recommended favorably in writing by the licensing agency of the bordering state in which the applicant is licensed. If a bordering state does not license home health agencies or does not have licensing requirements substantially the same as those in Kansas, home health agencies located in that state which do business in Kansas shall meet all requirements of this act and shall operate in Kansas from offices located in Kansas.
History: L. 1984, ch. 335, § 4; L. 1985, ch. 222, § 2; L. 1992, ch. 71, § 2; L. 2005, ch. 11, § 1; L. 2017, ch. 17, § 5; July 1.
§ 65-5105 Survey inspections
(a) In addition to the survey inspection required for licensing or for a license to remain in effect, the secretary may make other survey inspections during normal business hours.
(b) Each home health agency shall allow the secretary or the authorized representatives of the secretary to enter upon the premises of the home health agency during normal business hours for the purpose of conducting the survey inspection. Failure to allow such entry upon its premises shall constitute grounds for denial, suspension or revocation of a license.
History: L. 1984, ch. 335, § 5; L. 1992, ch. 71, § 3; July 1.
§ 65-5106 Same; written report; list of deficiencies; exit interview; copies of report
After completion of each survey inspection, a written report of the findings with respect to compliance or noncompliance with the provisions of this act and the standards established hereunder as well as a list of deficiencies found shall be prepared. The list of deficiencies shall specifically state the statute or rule and regulation which the home health agency is alleged to have violated. A copy of the survey inspection report shall be furnished to the applicant, except that a copy of the preliminary survey inspection report signed jointly by a representative of the home health agency and the inspector shall be left with the applicant when an inspection is completed. This preliminary survey inspection report shall constitute the final record of deficiencies assessed against the home health agency during the inspection, all deficiencies shall be specifically listed and no additional deficiencies based upon the data developed at that time shall be assessed at a later time. An exit interview shall be conducted in conjunction with the joint signing of the preliminary survey inspection report. Upon request, every home health agency shall provide to any person a copy of the most recent survey inspection report and related documents, provided the person requesting such report agrees to pay a reasonable charge to cover copying costs.
History: L. 1984, ch. 335, § 6; July 1.
§ 65-5107 Complaint against home health agency; investigation and hearing; notice
Any person may make a complaint against a home health agency licensed under the provisions of this act by making a complaint through the complaint hotline maintained by the Kansas department for aging and disability services stating the details and facts supporting the complaint. If the secretary determines after an investigation that the charges are sufficient to warrant a hearing to determine whether the license of the home health agency should be suspended or revoked, the secretary shall fix a time and place for a hearing and require the home health agency to appear and defend against the complaint in accordance with the provisions of the Kansas administrative procedure act. A copy of the complaint shall be given to the home health agency at the time it is notified of the hearing. The notice of the hearing shall be given at least 20 days prior to the date of the hearing.
History: L. 1984, ch. 335, § 7; L. 1988, ch. 356, § 217; L. 2017, ch. 17, § 6; July 1.
§ 65-5108 Refusal to issue, suspension or revocation of license; grounds; hearing
(a) The secretary shall refuse to issue or shall suspend or shall revoke the license of any home health agency for failure to substantially comply with any provision of this act or with any rule and regulation or standard of the secretary adopted under the provisions of this act or for obtaining the license by means of fraud, misrepresentation or concealment of material facts.
(b) Any home health agency which has been refused a license or which has had its license revoked or suspended by the secretary may request a hearing which shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1984, ch. 335, § 8; L. 1988, ch. 356, § 218; July 1, 1989.
§ 65-5109 Rules and regulations; application
(a) The secretary may adopt reasonable rules and regulations necessary to carry out the provisions of this act. The rules and regulations shall be initially adopted within one year of the effective date of this act.
(b) The rules and regulations adopted by the secretary under the provisions of this act shall apply to all health services covered by this act which are rendered to any patient being served by a home health agency regardless of source of payment for the service, patient's condition or place of residence.
History: L. 1984, ch. 335, § 9; L. 1985, ch. 222, § 3; July 1.
§ 65-5110 Expired
History: L. 1984, ch. 335, § 10; Expired, July 1, 1985.
§ 65-5111 Injunction to restrain violations
The secretary may file an action in the district court for the county in which any home health agency alleged to be violating the provisions of this act resides or may be found for an injunction to restrain the home health agency from continuing the violation.
History: L. 1984, ch. 335, § 11; July 1.
§ 65-5112 Act not applicable to certain individuals or organizations
The provisions of this act shall not apply to:
(a) Individuals who personally provide one or more home health or attendant care services if such persons are not under the direct control and doing work for or employed by any business entity, except as provided in subsection (f);
(b) any person or organization conducting a home health agency by and for the adherents of any recognized church or religious denomination or sect for the purpose of providing services for the care or treatment of the sick or infirm who depend upon prayer or spiritual means for healing in the practice of the religion of such church, religious denomination or sect;
(c) a hospice which is certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq., and amendments thereto, and which provides services only to hospice patients;
(d) a program for all-inclusive care for the elderly (PACE) which is certified to participate in the medicare or medicaid program under 42 code of federal regulations, chapter IV, subchapter E, section 460.2 et seq., and amendments thereto, and which provides services only to PACE participants;
(e) an outpatient physical therapy agency that is certified to participate in the medicare program and that provides services only to outpatient physical therapy patients; or
(f) individuals who personally provide one or more home health or attendant care services if such individuals are employed in accordance with K.S.A. 39-7,100(b)(2) and 65-1124(l), and amendments thereto.
History: L. 1984, ch. 335, § 12; L. 1989, ch. 191, § 4; L. 1994, ch. 6, § 4; L. 2009, ch. 140, § 1; L. 2017, ch. 17, § 7; July 1.
§ 65-5113 Disposition of moneys
All moneys received by the secretary under this act shall be deposited in the state treasury and credited to the state general fund.
History: L. 1984, ch. 335, § 13; July 1.
§ 65-5114 Violation of act; misdemeanor
Any person who violates any of the provisions of this act is guilty of a class B misdemeanor.
History: L. 1984, ch. 335, § 14; July 1.
§ 65-5115 Home health aides; requirements for employment; instruction and examination; examination fee, disposition
(a) The secretary may require, as a condition to continued employment by a home health agency that home health aides, within 90 days of employment, successfully complete an approved course of instruction and take and satisfactorily pass an examination prescribed by the secretary.
(b) A course of instruction for home health aides may be prepared and administered by any home health agency or by any other qualified person. A course of instruction prepared and administered by a home health agency may be conducted on the premises of the home health agency that prepared and will administer the course of instruction. The secretary shall not require home health aides to enroll in any particular approved course of instruction, but the secretary shall prepare guidelines for the preparation and administration of courses of instruction and shall approve or disapprove courses of instruction.
(c) The secretary shall not require that home health aides complete the course of instruction and pass the examination established pursuant to K.S.A. 39-936(c)(5), and amendments thereto, before enrolling in an approved course of instruction authorized by this section. Home health aides may enroll in any approved course of instruction.
(d) The examination required by this section shall be prescribed by the secretary and shall be reasonably related to the duties performed by home health aides. The same examination shall be given by the secretary to all home health aides.
(e) The secretary shall fix, charge and collect an examination fee to cover all or any part of the cost of the examination required by this section. The examination fee shall be fixed by rules and regulations of the secretary. The examination fee shall be deposited in the state treasury and credited to the state general fund.
History: L. 1984, ch. 335, § 15; L. 1985, ch. 222, § 4; L. 1990, ch. 233, § 3; L. 2017, ch. 17, § 8; L. 2022, ch. 77, § 2; April 28.
§ 65-5116 Unlicensed employees prohibited from prefilling insulin syringes; penalty
(a) As used in this section "home health agency" means a home health agency licensed in accordance with the provisions of K.S.A. 65-5101 through 65-5115 and K.S.A. 75-5614.
(b) No unlicensed person employed by a home health agency, in the course of employment with a home health agency, shall prefill insulin syringes for any patient served by the home health agency.
(c) Any person who violates the provisions of subsection (b) shall be guilty of a class C misdemeanor.
History: L. 1984, ch. 305, § 1; July 1.
§ 65-5117 Home health agency; definitions; operation precluded, when; access of secretary of health and environment and secretary for aging and disability services to certain records; background check of employees, civil liability, fee for information request; provision of criminal history record information by secretary; licensed or registered professional service providers, volunteers and certain employees exempt; disqualification for employment; waiver and criteria; rules and regulations; report of convictions and adjudications by the Kansas bureau of investigation; submission of fingerprints, cost
(a) As used in this section:
(1) "Applicant" means an individual who applies for employment with a home health agency or applies to work for an employment agency or as an independent contractor that provides staff to a home health agency.
(2) "Completion of the sentence" means the last day of the entire term of incarceration imposed by a sentence, including any term that is deferred, suspended or subject to parole, probation, diversion, community corrections, fines, fees, restitution or any other imposed sentencing requirements.
(3) "Department" means the Kansas department for aging and disability services.
(4) "Direct access" means work that involves an actual or reasonable expectation of one-on-one interaction with a consumer or a consumer's property, personally identifiable information, medical records, treatment information or financial information.
(5) "Direct supervision" means that a supervisor is physically present within an immediate distance to a supervisee and is available to provide constant direction, feedback and assistance to a client and the supervisee.
(6) "Employment agency" means an organization or entity that has a contracted relationship with a home health agency to provide staff with direct access to consumers.
(7) "Independent contractor" means an organization, entity, agency or individual that provides contracted workers or services to a home health agency.
(b) (1) No person shall knowingly operate a home health agency if, for the home health agency, there works any person who has adverse findings on any state or national registry, as defined in rules and regulations adopted by the secretary for aging and disability services, or has been convicted of or has been adjudicated a juvenile offender because of having committed an act that if done by an adult would constitute the commission of capital murder, pursuant to K.S.A. 21-3439, prior to its repeal, or K.S.A. 21-5401, and amendments thereto, first degree murder, pursuant to K.S.A. 21-3401, prior to its repeal, or K.S.A. 21-5402, and amendments thereto, second degree murder, pursuant to K.S.A. 21-3402(a), prior to its repeal, or K.S.A. 21-5403(a), and amendments thereto, voluntary manslaughter, pursuant to K.S.A. 21-3403, prior to its repeal, or K.S.A. 21-5404, and amendments thereto, assisting suicide, pursuant to K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, and amendments thereto, mistreatment of a dependent adult or mistreatment of an elder person, pursuant to K.S.A. 21-3437, prior to its repeal, or K.S.A. 21-5417, and amendments thereto, human trafficking, pursuant to K.S.A. 21-3446, prior to its repeal, or K.S.A. 21-5426(a), and amendments thereto, aggravated human trafficking, pursuant to K.S.A. 21-3447, prior to its repeal, or K.S.A. 21-5426(b), and amendments thereto, rape, pursuant to K.S.A. 21-3502, prior to its repeal, or K.S.A. 21-5503, and amendments thereto, indecent liberties with a child, pursuant to K.S.A. 21-3503, prior to its repeal, or K.S.A. 21-5506(a), and amendments thereto, aggravated indecent liberties with a child, pursuant to K.S.A. 21-3504, prior to its repeal, or K.S.A. 21-5506(b), and amendments thereto, aggravated criminal sodomy, pursuant to K.S.A. 21-3506, prior to its repeal, or K.S.A. 21-5504(b), and amendments thereto, indecent solicitation of a child, pursuant to K.S.A. 21-3510, prior to its repeal, or K.S.A. 21-5508(a), and amendments thereto, aggravated indecent solicitation of a child, pursuant to K.S.A. 21-3511, prior to its repeal, or K.S.A. 21-5508(b), and amendments thereto, sexual exploitation of a child, pursuant to K.S.A. 21-3516, prior to its repeal, or K.S.A. 21-5510, and amendments thereto, sexual battery, pursuant to K.S.A. 21-3517, prior to its repeal, or K.S.A. 21-5505(a), and amendments thereto, aggravated sexual battery, pursuant to K.S.A. 21-3518, prior to its repeal, or K.S.A. 21-5505(b), and amendments thereto, commercial sexual exploitation of a child, pursuant to K.S.A. 21-6422, and amendments thereto, an attempt to commit any of the crimes listed in this paragraph, pursuant to K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto, a conspiracy to commit any of the crimes listed in this paragraph, pursuant to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto, or criminal solicitation of any of the crimes listed in this paragraph, pursuant to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and amendments thereto, or similar statutes of other states or the federal government. The provisions of subsection (b)(2)(C) shall not apply to any person who is employed by a home health agency on or before July 1, 2010, and while continuously employed by the same home health agency or to any person during or upon successful completion of a diversion agreement.
(2) A person operating a home health agency may employ an applicant who has been convicted of any of the following if six or more years have elapsed since completion of the sentence imposed or the applicant was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence; if six or more years have elapsed since the applicant has been finally discharged from the custody of the commissioner of juvenile justice or from probation or has been adjudicated a juvenile offender, whichever time is longer; or if the applicant has been granted a waiver of such six-year disqualification: A felony conviction for a crime that is described in: (A) Article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, except those crimes listed in subsection (b)(1); (B) article 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 or 56 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6420, and amendments thereto, except those crimes listed in subsection (b)(1) and K.S.A. 21-3605, prior to its repeal, or K.S.A. 21-5606, and amendments thereto; (C) K.S.A. 21-3701, prior to its repeal, or K.S.A. 21-5801, and amendments thereto; (D) an attempt to commit any of the crimes listed in this paragraph pursuant to K.S.A. 21-3301, prior to its repeal, or K.S.A. 21-5301, and amendments thereto; (E) a conspiracy to commit any of the crimes listed in this paragraph pursuant to K.S.A. 21-3302, prior to its repeal, or K.S.A. 21-5302, and amendments thereto; (F) criminal solicitation of any of the crimes listed in this paragraph pursuant to K.S.A. 21-3303, prior to its repeal, or K.S.A. 21-5303, and amendments thereto; or (G) similar statutes of other states or the federal government.
An individual who has been disqualified for employment due to conviction or adjudication of an offense listed in this paragraph (2) may apply to the secretary for aging and disability services for a waiver of such disqualification if five years have elapsed since completion of the sentence for such conviction. The secretary shall adopt rules and regulations establishing the waiver process and the criteria to be utilized by the secretary in evaluating any such waiver request.
(3) A person operating a home health agency may employ an applicant who has been convicted of any of the following if six or more years have elapsed since completion of the sentence imposed or the applicant was discharged from probation, a community correctional services program, parole, postrelease supervision, conditional release or a suspended sentence; if six or more years have elapsed since the applicant has been finally discharged from the custody of the commissioner of juvenile justice or from probation or has been adjudicated a juvenile offender, whichever time is longer; or if the applicant has been granted a waiver of such six-year disqualification:
(i) Interference with custody of a committed person pursuant to K.S.A. 21-3423, prior to its repeal, or K.S.A. 21-5410, and amendments thereto; mistreatment of a confined person pursuant to K.S.A. 21-3425, prior to its repeal, or K.S.A. 21-5416, and amendments thereto; unlawful administration of a substance pursuant to K.S.A. 21-3445, prior to its repeal, or K.S.A. 21-5425, and amendments thereto; violation of a protective order pursuant to K.S.A. 21-3843, prior to its repeal, or K.S.A. 21-5924; promoting obscenity or promoting obscenity to minors pursuant to K.S.A. 21-4301 or 21-4301a, prior to their repeal, or K.S.A. 21-6401, and amendments thereto; or cruelty to animals pursuant to K.S.A. 21-3727, 21-4310 or 21-4311, prior to their repeal, or K.S.A. 21-6412, and amendments thereto; or
(ii) any felony conviction of: Unlawful manufacture of a controlled substance pursuant to K.S.A. 2010 Supp. 21-36a03, prior to its repeal, or K.S.A. 21-5703, and amendments thereto; unlawful cultivation or distribution of a controlled substance pursuant to K.S.A. 2010 Supp. 21-36a05, prior to its repeal, or K.S.A. 21-5705, and amendments thereto; unlawful manufacture, distribution, cultivation or possession of a controlled substance using a communication facility pursuant to K.S.A. 2010 Supp. 21-36a07, prior to its repeal, or K.S.A. 21-5707, and amendments thereto; unlawful obtainment or sale of a prescription-only drug pursuant to K.S.A. 2010 Supp. 21-36a08, prior to its repeal, or K.S.A. 21-5708, and amendments thereto; unlawful distribution of drug precursors or drug paraphernalia pursuant to K.S.A. 2010 Supp. 21-36a10, prior to its repeal, or K.S.A. 21-5710, and amendments thereto; unlawful distribution or possession of a simulated controlled substance pursuant to K.S.A. 2010 Supp. 21-36a13, prior to its repeal, or K.S.A. 21-5713, and amendments thereto; forgery pursuant to K.S.A. 21-3710, prior to its repeal, or K.S.A. 21-5823, and amendments thereto; criminal use of a financial card pursuant to K.S.A. 21-3729, prior to its repeal, or K.S.A. 21-5828, and amendments thereto; any violation of the Kansas medicaid fraud control act pursuant to K.S.A. 21-3844 et seq., prior to their repeal, or K.S.A. 21-5925 et seq., and amendments thereto; making a false claim, statement or representation to the medicaid program pursuant to K.S.A. 21-3846, prior to its repeal, or K.S.A. 21-5927, and amendments thereto; unlawful acts relating to the medicaid program pursuant to K.S.A. 21-3847, prior to its repeal, or K.S.A. 21-5928, and amendments thereto; obstruction of a medicaid fraud investigation pursuant to K.S.A. 21-3856, prior to its repeal, or K.S.A. 21-5929, and amendments thereto; identity theft or identity fraud pursuant to K.S.A. 21-4018, prior to its repeal, or K.S.A. 21-6107, and amendments thereto; or social welfare fraud pursuant to K.S.A. 39-720, and amendments thereto. The provisions of this paragraph shall not apply to any person who is employed by a home health agency on or before July 1, 2018, and is continuously employed by the same home health agency or to any person during or upon successful completion of a diversion agreement.
An individual who has been disqualified for employment due to conviction or adjudication of an offense listed in this paragraph (3) may apply to the secretary for aging and disability services for a waiver of such disqualification if five years have elapsed since completion of the sentence for such conviction. The secretary shall adopt rules and regulations establishing the waiver process and criteria to be considered by the secretary in evaluating any such waiver request.
(c) No person shall operate a home health agency if such person has been found to be a person in need of a guardian or a conservator, or both, as provided in the act for obtaining a guardian or a conservator, or both. The provisions of this subsection shall not apply to an individual who, as a minor, was found to be in need of a guardian or conservator for reasons other than impairment.
(d) (1) The Kansas bureau of investigation shall release all records of adult and juvenile convictions and adjudications and adult and juvenile convictions and adjudications of any other state or country concerning persons working in a home health agency to the secretary for aging and disability services in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(2) The department may require an applicant to be fingerprinted and to submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(3) An applicant for employment in a home health agency shall have 20 calendar days after receipt of authorization to submit the applicant's fingerprints through an authorized collection site in order to be eligible for provisional employment or the applicant's application shall be deemed withdrawn.
(4) (A) The current or prospective employer of an applicant shall pay a reasonable fee for criminal history record information to the department for each applicant submitted.
(B) The prospective employer, employee or independent contractor shall pay the fingerprint collection fee at the time of fingerprinting to the authorized collection site.
(5) If an applicant disputes the contents of a criminal history record check, then the applicant may file an appeal with the Kansas bureau of investigation.
(6) Individuals who have been disqualified for employment by reason of their criminal history records and who have met the requirements of this subsection may apply for a waiver with the department within 30 days of the receipt of the notice of employment prohibition.
(7) The department shall adopt rules and regulations specifying the criteria and procedure for issuing a waiver of the employment prohibition. The secretary shall consider the following criteria when rendering a decision on such a waiver request: Passage of time; extenuating circumstances; demonstration of rehabilitation; and relevancy of the criminal history record information to the position for which the applicant is applying. Any employment prohibition issued shall remain in effect unless or until a waiver is granted.
(e) For the purpose of complying with this section, the operator of a home health agency shall request from the Kansas department for aging and disability services an eligibility determination regarding adult and juvenile convictions and adjudications. For the purpose of complying with this section, a person who operates a home health agency may hire an applicant for provisional employment on a one-time basis of 60 calendar days pending the results from the Kansas department for aging and disability services of a request for information under this subsection. A provisional employee may only be supervised by an employee who has completed all training required by federal regulations, rules and regulations of the department and the home health agency's policies and procedures. No home health agency, the operator or employees of a home health agency or an employment agency or an independent contractor shall be liable for civil damages resulting from any decision to employ, to refuse to employ or to discharge from employment any person based on such home health agency's compliance with the provisions of this section if such home health agency or employment agency acts in good faith to comply with this section.
(f) The secretary for aging and disability services shall provide each operator requesting information under this section with a pass or fail determination after review of any criminal history information in writing and within three working days of receipt of such information from the Kansas bureau of investigation or the federal bureau of investigation.
(g) A person who volunteers to assist a home health agency shall not be subject to the provisions of this section unless the volunteer performs functions equivalent to functions performed by direct access employees.
(h) No person who has been continuously employed by the same home health agency since July 1, 1992, shall be subject to the requirements of this section while employed by such home health agency.
(i) The operator of a home health agency shall not be required under this section to conduct a criminal history record check on an applicant for employment with the home health agency if the applicant has been the subject of a criminal history record check under this act within one year prior to the application for employment with the home health agency.
(j) No person who is in the custody of the secretary of corrections and who provides services, under direct supervision in non-patient areas, on the grounds or other areas designated by the superintendent of the Kansas soldiers' home or the Kansas veterans' home shall be subject to the provisions of this section while providing such services.
(k) (1) All fees charged by the secretary for criminal history record checks conducted pursuant to this section shall be established by rules and regulations of the secretary.
(2) All moneys collected and remitted to the department for fees charged for criminal history record checks conducted pursuant to this section shall be remitted to the state treasurer in accordance with K.S.A. 65-5113, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount into the state treasury to the credit of the state licensure fee fund created by K.S.A. 39-930, and amendments thereto.
(l) The department may implement the amendments made to this section by this act in phases for different categories of employers. The department shall adopt rules and regulations establishing dates and procedures for the implementation of the criminal history record checks required by this section, and such dates may be staggered to facilitate implementation of the criminal history record checks required by this section.
(m) This section shall be a part of and supplemental to the provisions of article 51 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 1997, ch. 161, § 2; L. 1998, ch. 144, § 2; L. 2001, ch. 197, § 2; L. 2002, ch. 114, § 75; L. 2003, ch. 98, § 2; L. 2006, ch. 169, § 118; L. 2010, ch. 16, § 2; L. 2011, ch. 30, § 246; L. 2015, ch. 94, § 22; L. 2017, ch. 17, § 9; L. 2018, ch. 86, § 4; L. 2024, ch. 15, § 61; July 1.
Article 52 Treatment of Drug Abusers (Not in active use)
§ 65-5201 Repealed
History: L. 1984, ch. 216, § 1; L. 1986, ch. 299, § 12; L. 1996, ch. 235, § 43; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-5202 Repealed
History: L. 1984, ch. 216, § 2; L. 1996, ch. 235, § 44; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-5203 Repealed
History: L. 1984, ch. 216, § 3; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-5204 through 65-5206 Repealed
History: L. 1984, ch. 216, §§ 4 to 6; L. 1996, ch. 235, §§ 45 to 47; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-5207 Repealed
History: L. 1984, ch. 216, § 7; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-5208 Repealed
History: L. 1984, ch. 216, § 8; L. 1996, ch. 235, § 48; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-5209 Repealed
History: L. 1984, ch. 216, § 9; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-5210 through 65-5213 Repealed
History: L. 1984, ch. 216, §§ 10 to 13; L. 1996, ch. 235, §§ 49 to 52; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-5214 Repealed
History: L. 1984, ch. 216, § 14; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-5215 through 65-5217 Repealed
History: L. 1984, ch. 216, §§ 15 to 17; L. 1996, ch. 235, §§ 53 to 55; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-5218 Repealed
History: L. 1984, ch. 216, § 18; L. 1995, ch. 234, § 17; L. 1996, ch. 235, § 56; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-5219, 65-5220 Repealed
History: L. 1984, ch. 216, §§ 19, 20; L. 1996, ch. 235, §§ 57, 58; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-5221, 65-5222 Repealed
History: L. 1984, ch. 216, §§ 21, 22; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-5223 through 65-5225 Repealed
History: L. 1984, ch. 216, §§ 23 to 25; L. 1996, ch. 235, §§ 59 to 61; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-5226 through 65-5228 Repealed
History: L. 1984, ch. 216, §§ 26 to 28; Repealed, L. 1998, ch. 134, § 52; July 1.
§ 65-5229 Repealed
History: L. 1984, ch. 216, § 29; L. 1996, ch. 235, § 62; Repealed, L. 1998, ch. 134, § 52; July 1.
§§ 65-5230 through 65-5233 Repealed
History: L. 1984, ch. 216, §§ 30 to 33; Repealed, L. 1998, ch. 134, § 52; July 1.
Article 53 Asbestos Control
§ 65-5301 Definitions
As used in this act:
(a) "Asbestos project" means an activity undertaken to remove or encapsulate friable asbestos containing materials.
(b) "Business entity" means a partnership, firm, association, corporation, sole proprietorship or other business concern.
(c) "License" means an authorization issued by the secretary permitting a business entity to engage in an asbestos project.
(d) "Secretary" means the secretary of health and environment.
(e) "Friable asbestos containing material" means any material that contains more than 1% asbestos, by weight, which is applied to ceilings, walls, structural members, piping, ductwork or any other part of a building and which, when dry, may be crumbled, pulverized or reduced to powder by hand pressure.
(f) "Asbestos" means that asbestiform varieties of: Chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.
History: L. 1985, ch. 203, § 1; L. 2016, ch. 20, § 1; July 1.
§ 65-5302 Asbestos projects; license required; exemptions
(a) Except as otherwise provided in this act, no business entity shall engage in an asbestos project unless the entity holds a license issued by the secretary for that purpose.
(b) The provisions of this act do not apply to a business entity which uses its own employees in removing or encapsulating asbestos for the purposes of renovating, maintaining, repairing or demolishing the entity's own facilities.
History: L. 1985, ch. 203, § 2; L. 1998, ch. 31, § 1; July 1.
§ 65-5303 Administration of act; duties of secretary; license fees; inspections; rules and regulations
The secretary shall administer the provisions of this act. In administering the provisions of this act, the secretary shall:
(a) Prescribe fees for the issuance and renewal of licenses. The fees shall be based upon the amount of revenue determined by the secretary to be required for proper administration of the provisions of this act;
(b) conduct on-site inspections of procedures being utilized by a licensee for removing and encapsulating asbestos during an actual asbestos project;
(c) inspect and approve asbestos disposal sites; and
(d) adopt rules and regulations necessary for the administration of this act including, but not limited to, requirements, procedures and standards relating to asbestos projects as are necessary to protect the public health and safety.
History: L. 1985, ch. 203, § 3; L. 1998, ch. 31, § 2; L. 2016, ch. 20, § 2; July 1.
§ 65-5304 Licensure of business entities; qualifications; requirements
In order to qualify for a license, a business entity shall:
(a) Ensure that each employee or agent of the business entity who will come into contact with asbestos or who will engage in an asbestos project is trained in accordance with all applicable asbestos training provisions required by the United States department of labor and the environmental protection agency;
(b) demonstrate to the satisfaction of the secretary that the business entity is capable of complying with all applicable requirements, procedures, standards of the United States environmental protection agency and the United States occupational safety and health administration and the secretary;
(c) have access to at least one approved asbestos disposal site for deposit of all asbestos waste that the business entity will generate during the term of the license; and
(d) comply with all rules and regulations adopted by the secretary under this act.
History: L. 1985, ch. 203, § 4; L. 2016, ch. 20, § 3; July 1.
§ 65-5305 Same; application; form; requirements; fee
(a) To apply for a license, a business entity shall submit an application to the secretary in the form required by the secretary and shall pay the fee prescribed by the secretary.
(b) The application shall include:
(1) The name and address of the business entity;
(2) a description of the protective clothing and respirators that the business entity will use;
(3) the name and address of each asbestos disposal site that the business entity will use;
(4) a description of the site decontamination procedures that the business entity will use;
(5) a description of the removal and encapsulation methods that the business entity will use;
(6) a description of the procedures that the business entity will use for handling waste containing asbestos;
(7) a description of the air monitoring procedures that the business entity will use;
(8) a description of the procedures that the business entity will use in cleaning up after completion of the asbestos project;
(9) the signature of the chief executive officer of the business entity or a designee of the chief executive officer; and
(10) any other information which may be required by the secretary.
History: L. 1985, ch. 203, § 5; January 1, 1986.
§ 65-5306 Same; term; renewal
(a) A license expires one year from its effective date unless it is renewed for a one-year term as provided in this section.
(b) Not less than one month before a license expires, the secretary shall send to the licensee, at the last known address of the licensee, a renewal notice that states:
(1) The date on which the current license expires;
(2) the date by which the renewal application must be received by the secretary for the renewal license to be issued and mailed before the current license expires; and
(3) the amount of the renewal fee.
(c) Before a license expires, the licensee periodically may renew it for an additional one-year term, if the business entity:
(1) Otherwise is entitled to be licensed;
(2) submits a renewal application to the secretary in the form required by the secretary; and
(3) pays the renewal fee prescribed by the secretary.
History: L. 1985, ch. 203, § 6; January 1, 1986.
§ 65-5307 Records of asbestos projects required, contents; notification of secretary
(a) Every licensee shall keep a record of each asbestos project it performs and shall make the record available to the secretary at any reasonable time. Records required by this section shall be kept for not less than three years. The record shall include:
(1) The name and address of the individual person who supervised the asbestos project and of each employee or agent of the licensee who worked on the project;
(2) the location and a description of the project and the amount of asbestos material that was removed;
(3) the starting and completion dates of each instance of removal or encapsulation;
(4) a summary of the procedures that were used to comply with all applicable standards;
(5) the name and address of each asbestos disposal site where the waste containing asbestos was deposited; and
(6) any other information which may be required by the secretary.
(b) Every licensee, state agency or political or taxing subdivision of the state that engages in an asbestos project shall notify the secretary, in the manner prescribed by the secretary, of the proposed date on which the project is to be initiated.
History: L. 1985, ch. 203, § 7; L. 2016, ch. 20, § 4; July 1.
§ 65-5308 Repealed
History: L. 1985, ch. 203, § 8; L. 1998, ch. 31, § 3; Repealed, L. 2016, ch. 20, § 9; July 1.
§ 65-5309 Schedule of fees; disposition of moneys
(a) The secretary shall establish by rules and regulations a reasonable schedule of fees for licensure and for project evaluations under this act. The fee schedule shall be established on the basis of determination by the secretary of the amount of revenue required for administration of the provisions of this act.
(b) The secretary shall remit all moneys received from the fees established pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the asbestos remediation fund.
History: L. 1985, ch. 203, § 9; L. 1987, ch. 252, § 1; L. 2001, ch. 5, § 261; L. 2016, ch. 20, § 5; L. 2021, ch. 60, § 2; July 1.
§ 65-5310 Denial, suspension or revocation of license; notice and hearing; appeals; temporary suspension
(a) The secretary may deny, suspend or revoke any license issued under this act if the secretary finds, after notice and hearing conducted in accordance with the provisions of the Kansas administrative procedure act, that the applicant for license or licensee, whichever is applicable, has:
(1) Fraudulently or deceptively obtained or attempted to obtain a license;
(2) failed at any time to meet the qualifications for a license or to comply with any provision or requirement of this act or any rules and regulations adopted by the secretary under this act;
(3) failed at any time to meet any applicable federal or state standard for removal or encapsulation of asbestos; or
(4) employed or permitted an untrained individual person to work on an asbestos project.
(b) Before any license is denied, suspended or revoked, the secretary shall conduct a hearing thereon in accordance with the provisions of the Kansas administrative procedure act.
(c) Any individual person or business entity aggrieved by a decision or order of the secretary may appeal the order or decision in accordance with the provisions of the Kansas judicial review act.
(d) (1) If the secretary finds that the public health or safety is endangered by the continuation of an asbestos project, the secretary may temporarily suspend, without notice or hearing in accordance with the emergency adjudication procedures of the provisions of the Kansas administrative procedure act, the license of the business entity engaging in such asbestos project.
(2) In no case shall a temporary suspension of a license under this section be in effect for a period of time in excess of 90 days. At the end of such period of time, the license shall be reinstated unless the secretary has suspended or revoked the license, after notice and hearing, or the license has expired as otherwise provided under this act.
History: L. 1985, ch. 203, § 10; L. 2010, ch. 17, § 161; L. 2016, ch. 20, § 6; July 1.
§ 65-5311 Waiver of license requirement, when; alternative requirements
(a) In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the secretary may waive the requirement for a license.
(b) The secretary may approve, on a case-by-case basis, an alternative to a required public health protection procedure for an asbestos project if the business entity or state or political or taxing subdivision of the state submits a written description of the alternative procedure to the secretary and demonstrates to the satisfaction of the secretary that the proposed alternative procedure provides equivalent protection.
(c) If a business entity or state or political or taxing subdivision of the state is not primarily engaged in the removal or encapsulation of asbestos, the secretary may waive the requirement for a license if public health protection requirements are met or an alternative procedure is approved under subsection (b).
History: L. 1985, ch. 203, § 11; L. 2016, ch. 20, § 7; July 1.
§ 65-5312 State agencies and political subdivisions; bid acceptance requirements; compliance with act
(a) No state agency or political or taxing subdivision of the state shall accept a bid in connection with any asbestos project from a business entity which does not hold a license at the time the bid is submitted.
(b) No state agency or political or taxing subdivision of the state shall carry out any asbestos project using its own employees except in compliance with the requirements of K.S.A. 65-5304 that also apply to business entities.
History: L. 1985, ch. 203, § 12; January 1, 1986.
§ 65-5313 Violations; criminal penalties
(a) Any individual person or business entity who willfully violates any provision of this act or any rules and regulations adopted under this act is guilty:
(1) For a first offense, of a class C misdemeanor; and
(2) for a second offense, of a class B misdemeanor.
History: L. 1985, ch. 203, § 13; January 1, 1986.
§ 65-5314 Same; civil penalties; appeal and review; disposition of moneys recovered
(a) Any business entity which violates any provision of this act or any rules and regulations adopted under this act, in addition to any other penalty provided by law, may incur a civil penalty imposed under subsection (b) in an amount not to exceed $5,000 for each violation and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) The secretary, upon a finding that a business entity has violated any provision of this act or any rules and regulations adopted under this act, may impose a civil penalty within the limits provided in this section upon such business entity, which civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.
(c) No civil penalty shall be imposed under this section except upon the written order of the secretary after notification and hearing, if a hearing is requested, in accordance with the provisions of the Kansas administrative procedure act.
(d) Any business entity aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act. An appeal to the district court or to an appellate court shall not stay the payment of the civil penalty. If the court sustains the appeal, the secretary shall refund forthwith the payment of any civil penalty to the business entity with interest at the rate established by K.S.A.
16-204, and amendments thereto, from the date of payment of the penalty.
(e) Any penalty recovered pursuant to the provisions of this section shall be remitted to the state treasurer, deposited in the state treasury and credited to the state general fund.
History: L. 1985, ch. 203, § 14; L. 2010, ch. 17, § 162; L. 2016, ch. 20, § 8; July 1.
§ 65-5315 Injunctions
Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any business entity to restrain or prevent any violation of the provisions of this act or of any rules and regulations adopted under this act.
History: L. 1985, ch. 203, § 15; L. 2010, ch. 17, § 163; July 1.
§ 65-5316 Asbestos remediation fund established; disposition of moneys collected pursuant to the act
(a) There is hereby established in the state treasury the asbestos remediation fund.
(1) The secretary of health and environment shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the secretary from the following sources:
(A) Permit and approval fees collected under K.S.A. 65-5309, and amendments thereto;
(B) any moneys recovered by the state under the provisions of this act, including administrative expenses and moneys paid under any agreement, stipulation or settlement; and
(C) interest attributable to investment of moneys in the fund.
(2) Upon receipt of each remittance pursuant to paragraph (1), the state treasurer shall deposit the entire amount in the state treasury to the credit of the asbestos remediation fund.
(b) Moneys deposited in the fund shall be expended only for the purpose of administering the Kansas asbestos control act, including funding of a technical and environmental compliance assistance program, and for no other governmental purposes.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the asbestos remediation fund interest earnings based on the:
(1) Average daily balance of moneys in the asbestos remediation fund for the preceding month; and
(2) net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the asbestos remediation fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History: L. 2021, ch. 60, § 1; July 1.
Article 54 Occupational Therapy
§ 65-5401 Citation of act
K.S.A. 65-5401 through K.S.A. 65-6521*, and amendments thereto, and K.S.A. 2025 Supp. 65-5422 and 65-5423, and amendments thereto, shall be known and may be cited as the occupational therapy practice act.
History: L. 1986, ch. 323, § 1; L. 2022, ch. 20, § 3; July 1.
§ 65-5402 Definitions
As used in the occupational therapy practice act:
(a) "Board" means the state board of healing arts.
(b) "Practice of occupational therapy" means the therapeutic use of purposeful and meaningful occupations or goal-directed activities to evaluate and treat, individuals who have a disease or disorder, impairment, activity limitation or participation restriction that interferes with their ability to function independently in daily life roles and to promote health and wellness.
(1) Occupational therapy intervention may include:
(A) Remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological or neurological cognitive processes;
(B) adaptation of tasks, process, or the environment or the teaching of compensatory techniques in order to enhance performance;
(C) disability prevention methods and techniques that facilitate the development or safe application of performance skills; and
(D) health promotion strategies and practices that enhance performance abilities.
(2) The "practice of occupational therapy" does not include the practice of any branch of the healing arts or making a medical diagnosis.
(c) "Occupational therapy services" include, but are not limited to:
(1) Evaluating, developing, improving, sustaining, or restoring skills in activities of daily living (ADL), work or productive activities, including instrumental activities of daily living (IADL) and play and leisure activities;
(2) evaluating, developing, remediating, or restoring sensorimotor, cognitive or psychosocial components of performance;
(3) designing, fabricating, applying, or training in the use of assistive technology or orthotic devices and training in the use of prosthetic devices;
(4) adapting environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles;
(5) applying physical agent modalities as an adjunct to or in preparation for engagement in occupations;
(6) evaluating and providing intervention in collaboration with the client, family, caregiver or others;
(7) educating the client, family, caregiver or others in carrying out appropriate nonskilled interventions; and
(8) consulting with groups, programs, organizations or communities to provide population-based services.
(d) "Occupational therapist" means a person licensed to practice occupational therapy as defined in this act.
(e) "Occupational therapy assistant" means a person licensed to assist in the practice of occupational therapy under the supervision of an occupational therapist.
(f) "Person" means any individual, partnership, unincorporated organization or corporation.
(g) "Physician" means a person licensed to practice medicine and surgery.
(h) "Occupational therapy aide," "occupational therapy tech" or "occupational therapy paraprofessional" means a person who provides supportive services to occupational therapists and occupational therapy assistants in accordance with K.S.A. 65-5419, and amendments thereto.
History: L. 1986, ch. 323, § 2; L. 2002, ch. 203, § 4; L. 2005, ch. 117, § 2; L. 2011, ch. 114, § 58; L. 2022, ch. 20, § 4; July 1.
§ 65-5403 Administration of act by state board of healing arts
The board, in the manner hereinafter provided, shall administer the provisions of this act.
History: L. 1986, ch. 323, § 3; July 1.
§ 65-5404 Occupational therapist council established; appointment of members; compensation
(a) There is established an occupational therapist council to advise the board 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: One member shall be a physician appointed by the state board of healing arts; one member shall be the president of the state board of healing arts or a person designated by the president; and three members shall be occupational therapists appointed by the governor. The governor shall, insofar as possible, appoint persons from different geographical areas and persons who represent various types of occupational therapy treatment. 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, if any. The Kansas occupational therapy association shall recommend the names of occupational therapists to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list. The terms of the members of the council appointed by the governor prior to the effective date of this act shall expire on July 1, 1988. Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed and qualified except that of the members first appointed by the governor on or after the effective date of this act one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years, as designated by the governor. The member appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. A member designated by the president of the state board of healing arts shall serve at the pleasure of the president.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
History: L. 1986, ch. 323, § 4; L. 1987, ch. 253, § 1; L. 1988, ch. 251, § 3; July 1.
§ 65-5405 Duties of board
The board shall pass upon the qualifications of all applicants for examination and licensure, determine the applicants who successfully pass the examination, duly license such applicants and adopt rules and regulations as may be necessary to administer the provisions of this act. The board shall keep a record of all proceedings under this act and a roster of all individuals licensed under this act. Only an individual may be licensed under this act.
History: L. 1986, ch. 323, § 5; L. 2002, ch. 203, § 5; April 1, 2003.
§ 65-5406 Application for licensure; requirements
(a) An applicant applying for licensure as an occupational therapist or as an occupational therapy assistant shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed the academic requirements of an educational program in occupational therapy recognized by the board.
(2) Experience: The applicant shall submit to the board evidence of having successfully completed a period of supervised field work at a minimum recognized by the board.
(3) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-5407 and amendments thereto.
(4) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-5409 and amendments thereto.
(b) The board shall adopt rules and regulations establishing the criteria which an educational program in occupational therapy shall satisfy to be recognized by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in occupational therapy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in occupational therapy. In entering such contracts the authority to recognize an educational program in occupational therapy shall remain solely with the board.
History: L. 1986, ch. 323, § 6; L. 1988, ch. 243, § 12; L. 2002, ch. 203, § 6; April 1, 2003.
§ 65-5407 Examinations
Each applicant for licensure under this act shall be examined by written examination required by the board to test the applicant's knowledge of the basic and clinical sciences relating to occupational therapy, and occupational therapy theory and practice, including the applicant's professional skills and judgment in the utilization of occupational therapy techniques and methods, and such other subjects as the board may deem useful to determine the applicant's fitness to practice. The board shall approve an examination for occupational therapy assistants and establish standards for acceptable performance.
History: L. 1986, ch. 323, § 7; L. 2002, ch. 203, § 7; April 1, 2003.
§ 65-5408 Waiver of examination and other requirements; when waived; temporary license
(a) The board may waive the examination, education or experience requirements and grant licensure to any applicant who presents proof of current licensure or registration as an occupational therapist or occupational therapy assistant in another state, the District of Columbia or territory of the United States which requires standards for licensure or registration determined by the board to be equivalent to or exceed the requirements for licensure under this act.
(b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-5409 and amendments thereto.
(c) The board may issue a temporary license to an applicant for licensure as an occupational therapist or as an occupational therapy assistant who applies for temporary licensure on a form provided by the board, who meets the requirements for licensure or who meets all the requirements for licensure except examination and who pays to the board the temporary license fee as required under K.S.A. 65-5409 and amendments thereto. Such temporary license shall expire one year from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. No more than one such temporary license shall be permitted to any one person.
History: L. 1986, ch. 323, § 8; L. 1987, ch. 253, § 2; L. 1991, ch. 192, § 5; L. 1997, ch. 26, § 1; L. 2002, ch. 203, § 8; April 1, 2003.
§ 65-5409 Fees
(a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:
- Application fee, not more than $80
- Temporary license fee, not more than 40
- License renewal fee, not more than 80
- License late renewal fee, not more than 80
- License reinstatement fee, not more than 80
- Certified copy of license, not more than 40
- Written verification of license, not more than 25
(b) The board shall charge and collect in advance fees for any examination administered by the board under the occupational therapy practice act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under the occupational therapy practice act be paid directly to the examination service by the person taking the examination.
History: L. 1986, ch. 323, § 9; L. 1987, ch. 253, § 3; L. 1989, ch. 202, § 2; L. 1997, ch. 94, § 4; L. 2002, ch. 203, § 9; April 1, 2003.
§ 65-5410 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; procedure; reinstatement; penalties
(a) The board may deny, refuse to renew, suspend, revoke or limit a license or the licensee may be publicly or privately censured where the licensee or applicant for licensure has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct includes:
(1) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;
(2) being guilty of unprofessional conduct as defined by rules and regulations adopted by the board;
(3) being convicted of a felony if the acts for which such person was convicted are found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of an occupational therapist or occupational therapy assistant;
(4) violating any lawful order or rule and regulation of the board; and
(5) violating any provision of this act.
(b) Such denial, refusal to renew, suspension, revocation or limitation of a license or public or private censure of a licensee may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Upon the end of the period of time established by the board for the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An application for reinstatement of a revoked license shall be accompanied by the license renewal fee and the license reinstatement fee established under K.S.A. 65-5409, and amendments thereto.
(c) The board, in addition to any other penalty prescribed in subsection (a), may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for unprofessional conduct in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1986, ch. 323, § 10; L. 2002, ch. 203, § 10; L. 2004, ch. 117, § 19; July 1.
§ 65-5411 Foreign trained occupational therapists and occupational therapy assistants; requirements
Foreign trained occupational therapists and occupational therapy assistants shall satisfy the examination requirements of K.S.A. 65-5406. The board shall require foreign trained applicants to furnish proof of completion of educational and supervised field work requirements, substantially equal to or greater than those contained in K.S.A. 65-5406 prior to taking the examination.
History: L. 1986, ch. 323, § 11; July 1.
§ 65-5412 Expiration of license; renewal; suspension; reinstatement; fees
(a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the license renewal fee established pursuant to K.S.A. 65-5409, and amendments thereto. The board may establish additional requirements for licensure renewal which provide evidence of continued competency.
(b) At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee fails to pay the renewal fee by the date of expiration, the licensee shall be given a second notice that the license has expired and the license may be renewed only if the renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the license has been reinstated under subsection (c).
(c) Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the renewal fee and the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of licenses canceled for failure to renew.
(d) A person whose license is suspended shall not engage in any conduct or activity in violation of the order or judgment by which the license was suspended.
History: L. 1986, ch. 323, § 12; L. 2002, ch. 203, § 11; L. 2004, ch. 117, § 20; July 1.
§ 65-5413 Moneys received by board; disposition; healing arts fee fund
The board shall remit all moneys received by or for it 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such 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 designated by the president of the board.
History: L. 1986, ch. 323, § 13; L. 2001, ch. 5, § 262; L. 2011, ch. 53, § 35; July 1.
§ 65-5414 Representation as occupational therapist or occupational therapy assistant; prohibitions; misdemeanor
(a) It shall be unlawful for any person who is not licensed under this act as an occupational therapist or an occupational therapy assistant or whose license has been suspended or revoked to use, in connection with such person's name or place of business, the words "occupational therapist," "licensed occupational therapist," "occupational therapist licensed," "occupational therapy assistant," "licensed occupational therapy assistant," or the letters, "O.T.," " L.O.T.," "O.T.L.," "O.T.A." or " L.O.T.A." or any other words, letters, abbreviations or insignia indicating or implying that such person is an occupational therapist or an occupational therapy assistant or who in any way, orally, in writing, in print or by sign, directly or by implication, represents oneself as an occupational therapist or an occupational therapy assistant.
(b) Any violation of this section shall constitute a class C misdemeanor.
History: L. 1986, ch. 323, § 14; L. 2002, ch. 203, § 12; April 1, 2003.
§ 65-5415 Injunction
When it appears to the board that any person is violating any of the provisions of 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. 1986, ch. 323, § 15; July 1.
§ 65-5416 State agency adjudicative proceedings and judicial review; conduct
All state agency adjudicative proceedings under K.S.A. 65-5401 to 65-5417, inclusive, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
History: L. 1986, ch. 323, § 16; L. 2010, ch. 17, § 164; July 1.
§ 65-5417 Invalidity of part
If any section of this act, or any part thereof, is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof.
History: L. 1986, ch. 323, § 17; July 1.
§ 65-5418 Construction of occupational therapy practice act and practice of occupational therapy
(a) Nothing in the occupational therapy practice act is intended to limit, preclude or otherwise interfere with the practices of other health care providers formally trained and licensed, registered, credentialed or certified by appropriate agencies of the state of Kansas.
(b) The practice of occupational therapy shall not be construed to include the following:
(1) Persons rendering assistance in the case of an emergency;
(2) members of any church practicing their religious tenets;
(3) persons whose services are performed pursuant to the delegation of and under the supervision of an occupational therapist who is licensed under this act;
(4) any person employed as an occupational therapist or occupational therapy assistant by the government of the United States or any agency thereof, if such person practices occupational therapy solely under the direction or control of the organization by which such person is employed;
(5) licensees under the healing arts act when licensed and practicing in accordance with the provisions of law or persons performing services pursuant to a delegation authorized under subsection (g) of K.S.A. 65-2872, and amendments thereto;
(6) dentists practicing their professions, when licensed and practicing in accordance with the provisions of law;
(7) nurses practicing their professions, when licensed and practicing in accordance with the provisions of law or persons performing services pursuant to the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124, and amendments thereto;
(8) health care providers who have been formally trained and are practicing in accordance with the training or have received specific training in one or more functions included in the occupational therapy practice act pursuant to established educational protocols, or both;
(9) any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at an accredited or approved educational program, if the person is designated by the title which clearly indicates such person's status as a student or trainee;
(10) any person fulfilling the supervised fieldwork experience requirements as part of the experience necessary to meet the requirement of the occupational therapy practice act;
(11) self-care by a patient or gratuitous care by a friend or family member who does not represent or hold oneself out to the public to be an occupational therapist or an occupational therapy assistant;
(12) optometrists practicing their profession when licensed and practicing in accordance with the provisions of article 15 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(13) podiatrists practicing their profession when licensed and practicing in accordance with the provisions of article 15 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto;
(14) physical therapists practicing their profession when licensed and practicing in accordance with K.S.A. 65-2901 et seq., and amendments thereto;
(15) physician assistants practicing their profession when licensed and practicing in accordance with the physician assistant licensure act;
(16) athletic trainers practicing their profession when licensed and practicing in accordance with the athletic trainers licensure act;
(17) manufacturers of prosthetic devices;
(18) any person performing occupational therapy services, if these services are performed for no more than 45 days in a calendar year in association with an occupational therapist licensed under the occupational therapy practice act so long as (A) the person is registered or licensed under the laws of another state which has licensure requirements at least as stringent as the licensure requirements of this act, or (B) the person meets the requirements for certification as an occupational therapist registered (OTR) or a certified occupational therapy assistant (COTA) established by the national board for certification in occupational therapy (NBCOT).
(c) Any patient monitoring, assessment or other procedures designed to evaluate the effectiveness of prescribed occupational therapy must be performed by or pursuant to the delegation of a licensed occupational therapist or other health care provider.
(d) Education related therapy services provided by an occupational therapist to school systems or consultation regarding prevention, ergonomics and wellness within the occupational therapy scope of practice shall not require a referral, supervision, order or direction of a physician, a licensed podiatrist, a licensed dentist or a licensed optometrist. However, when in the course of providing such services an occupational therapist reasonably believes that an individual may have an underlying injury, illness, disease, disorder or impairment, the occupational therapist shall refer the individual to a physician, a licensed podiatrist, a licensed dentist or a licensed optometrist, as appropriate.
(e) Nothing in the occupational therapy practice act shall be construed to permit the practice of medicine and surgery. No statute granting authority to licensees of the state board of healing arts shall be construed to confer authority upon occupational therapists to engage in any activity not conferred by the occupational therapy practice act.
(f) This section shall be part of and supplemental to the occupational therapy practice act.
History: L. 2002, ch. 203, § 13; L. 2003, ch. 128, § 27; L. 2004, ch. 24, § 13; July 1.
§ 65-5419 Supervision of persons providing supportive services; supervision requirements
(a) An occupational therapy aide, occupational therapy tech or occupational therapy paraprofessional shall function under the guidance and responsibility of the licensed occupational therapist and may be supervised by the occupational therapist or an occupational therapy assistant for specifically selected routine tasks for which the occupational therapy aide, occupational therapy tech or occupational therapy paraprofessional has been trained and has demonstrated competence. The occupational therapy aide, occupational therapy tech or occupational therapy paraprofessional shall comply with supervision requirements developed by the board by rules and regulations which are consistent with prevailing professional standards.
(b) This section shall be part of and supplemental to the occupational therapy practice act.
(c) The provisions of this section shall take effect on and after April 1, 2003.
History: L. 2002, ch. 203, § 14; July 1.
§ 65-5420 Registration deemed to be licensure on effective day of act
(a) Any person holding a valid registration as an occupational therapist immediately prior to the effective date of this act which has been issued by the state board of healing arts shall be deemed to be a licensed occupational therapist and shall be subject to the provisions of article 54 of chapter 65 of the Kansas Statutes Annotated.
(b) Any person holding a valid registration as an occupational therapy assistant immediately prior to the effective date of this act which has been issued by the state board of healing arts shall be deemed to be a licensed occupational therapy assistant and shall be subject to the provisions of article 54 of chapter 65 of the Kansas Statutes Annotated.
(c) This section shall be part of and supplemental to the occupational therapy practice act.
(d) The provisions of this section shall take effect on and after April 1, 2003.
History: L. 2002, ch. 203, § 15; July 1.
§ 65-5421 Licensed occupational therapist ownership limitations in professional corporations
(a) The state board of healing arts shall adopt rules and regulations to limit the percentage of ownership when a licensed occupational therapist forms a professional corporation pursuant to K.S.A. 17-2706 et seq., and amendments thereto, in combination with other professional services.
(b) This section shall be part of and supplemental to the occupational therapy practice act.
History: L. 2004, ch. 143, § 106; January 1, 2005.
§ 65-5422 Occupational therapy services without healthcare practitioner referral; when permitted; limitations
(a) Except as otherwise provided in subsection (c), an occupational therapist may evaluate and initiate occupational therapy treatment on a patient without referral from a healthcare practitioner.
(1) An occupational therapist who is treating a patient without a referral from a healthcare practitioner shall obtain a referral from an appropriate healthcare practitioner prior to continuing treatment if the patient:
(A) Is not progressing toward documented treatment goals as demonstrated by objective, measurable or functional improvement, or any combination thereof, after ten patient visits or in a period of 30 calendar days from the initial treatment visits following the initial evaluation visit; or
(B) within one year from the initial treatment visits following the initial evaluation visit, returns to the occupational therapist seeking treatment for the same condition or injury.
(b) Occupational therapists may provide services without a referral to:
(1) Employees solely for the purpose of education and instruction related to workplace injury prevention;
(2) the public for the purpose of health promotion, education, and functional independence in activities of daily living; or
(3) special education students who need occupational therapy services to fulfill the provisions of their individualized education plan* (IEP) or individualized family service plan (IFSP).
(c) Nothing in this section shall be construed to prevent a hospital or ambulatory surgical center from requiring a physician order or make a referral for occupational therapy services for a patient currently being treated in such facility.
(d) When a patient self-refers to an occupational therapist pursuant to this section, the occupational therapist, prior to commencing treatment, shall provide written notice to the patient that an occupational therapy diagnosis is not a medical diagnosis by a physician.
(f)** Occupational therapists shall perform wound care management services only after approval by a person licensed to practice medicine and surgery.
(g)** As used in this section, "healthcare practitioner" means: A person licensed by the state board of healing arts to practice medicine and surgery, osteopathic medicine and surgery or chiropractic; a "mid-level practitioner" as defined in K.S.A. 65-1626, and amendments thereto; or a licensed dentist or licensed optometrist in appropriately related cases.
History: L. 2022, ch. 20, § 1; July 1.
§ 65-5423 Professional liability insurance required
Professional liability insurance coverage shall be maintained in effect by each licensed occupational therapist actively practicing in this state as a condition of rendering professional services as an occupational therapist in this state. The board shall fix by rules and regulations the minimum level of coverage for such professional liability insurance.
History: L. 2022, ch. 20, § 2; July 1.
Article 55 Respiratory Therapy
§ 65-5501 Citation of act
K.S.A. 65-5501 to 65-5517, inclusive, shall be known and may be cited as the respiratory therapy practice act.
History: L. 1986, ch. 322, § 1; July 1.
§ 65-5502 Definitions
As used in K.S.A. 65-5501 to 65-5517, inclusive and amendments thereto:
(a) "Board" means the state board of healing arts.
(b) "Respiratory therapy" is a health care profession whose therapists practice under the supervision of a qualified medical director and with the prescription of a licensed physician providing therapy, management, rehabilitation, respiratory assessment and care of patients with deficiencies and abnormalities which affect the pulmonary system and associated other systems functions. The duties which may be performed by a respiratory therapist include:
(1) Direct and indirect respiratory therapy services that are safe, aseptic, preventative and restorative to the patient.
(2) Direct and indirect respiratory therapy services, including but not limited to, the administration of pharmacological and diagnostic and therapeutic agents related to respiratory therapy procedures to implement a treatment, disease prevention or pulmonary rehabilitative regimen prescribed by a physician.
(3) Administration of medical gases, exclusive of general anesthesia, aerosols, humidification and environmental control systems.
(4) Transcription and implementation of written or verbal orders of a physician pertaining to the practice of respiratory therapy.
(5) Implementation of respiratory therapy protocols as defined by the medical staff of an institution or a qualified medical director or other written protocol, changes in treatment pursuant to the written or verbal orders of a physician or the initiation of emergency procedures as authorized by written protocols.
(c) "Respiratory therapist" means a person who is licensed to practice respiratory therapy as defined in this act.
(d) "Person" means any individual, partnership, unincorporated organization or corporation.
(e) "Physician" means a person who is licensed by the board to practice medicine and surgery.
(f) "Qualified medical director" means the medical director of any inpatient or outpatient respiratory therapy service, department or home care agency. The medical director shall be a physician who has interest and knowledge in the diagnosis and treatment of respiratory problems. This physician shall be responsible for the quality, safety and appropriateness of the respiratory services provided and require that respiratory therapy be ordered by a physician who has medical responsibility for the patient. The medical director shall be readily accessible to the respiratory therapy practitioner.
History: L. 1986, ch. 322, § 2; L. 1999, ch. 87, § 7; March 1, 2000.
§ 65-5503 Administration of act by state board of healing arts
The board, as hereinafter provided, shall administer the provisions of this act.
History: L. 1986, ch. 322, § 3; L. 1999, ch. 87, § 8; March 1, 2000.
§ 65-5504 Respiratory care council established; appointment of members; compensation
(a) There is established a respiratory care council to advise the board in carrying out the provisions of this act. The council shall consist of seven members, all citizens and residents of the state of Kansas appointed as follows: One member shall be a physician appointed by the state board of healing arts; one member shall be the president of the state board of healing arts or a person designated by the president; two members shall be from the public sector who are not engaged, directly or indirectly, in the provision of health services appointed by the governor; and three members shall be respiratory therapists appointed by the governor. The governor, insofar as possible, shall appoint persons from different geographical areas and persons who represent various types of respiratory therapy practice. 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, if any. The Kansas respiratory care society shall recommend the names of respiratory therapists to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list. Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed, except that members appointed from the public sector shall be appointed for terms of two years and until their successors are appointed. The member appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. A member designated by the president of the state board of healing arts shall serve at the pleasure of the president.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
History: L. 1986, ch. 322, § 4; L. 1987, ch. 253, § 4; L. 1988, ch. 251, § 4; L. 1999, ch. 87, § 9; March 1, 2000.
§ 65-5505 Duties of board
The board shall pass upon the qualifications of all applicants for examination and licensure, provide for all examinations, determine the applicants who successfully pass the examination, duly license such applicants and adopt rules and regulations as may be necessary to administer the provisions of this act. The board shall keep a record of all proceedings under this act and a roster of all individuals licensed under this act. Only an individual may be licensed under this act.
History: L. 1986, ch. 322, § 5; L. 1999, ch. 87, § 10; March 1, 2000.
§ 65-5506 Application for licensure; requirements; rules and regulations criteria for educational programs
(a) An applicant applying for licensure as a respiratory therapist shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed an educational program in respiratory therapy approved by the board.
(2) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-5507 and amendments thereto.
(3) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-5509 and amendments thereto.
(b) The board shall adopt rules and regulations establishing the criteria for an educational program in respiratory therapy to obtain successful recognition by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in respiratory therapy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in respiratory therapy. In entering such contracts the authority to recognize an educational program in respiratory therapy shall remain solely with the board.
History: L. 1986, ch. 322, § 6; L. 1988, ch. 243, § 13; L. 1999, ch. 87, § 11; March 1, 2000.
§ 65-5507 Examinations
(a) Each applicant for licensure under this act shall be examined by a written examination chosen by the board to test the applicant's knowledge of the basic and clinical sciences relating to respiratory therapy, and respiratory therapy theory and practice, including the applicant's professional skills and judgment in the utilization of respiratory therapy techniques and methods, and such other subjects as the board may deem useful to determine the applicant's fitness to practice.
(b) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine. Examinations shall be given at least twice each year at such places as the board may determine and the board shall give or cause to be given reasonable public notice of such examinations at least 60 days prior to their administration.
(c) Applicants may obtain their examination scores.
History: L. 1986, ch. 322, § 7; L. 1999, ch. 87, § 12; March 1, 2000.
§ 65-5508 Waiver of examination and other requirements; when waived; special permits; temporary license
(a) The board may waive the examination, education or experience requirements and grant licensure to any applicant who presents proof of current licensure or registration as a respiratory therapist in another state, the District of Columbia or territory of the United States which requires standards for licensure or registration determined by the board to be equivalent to the requirements for licensure under this act.
(b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-5509, and amendments thereto.
(c) The board may issue a special permit to a student enrolled in an approved school of respiratory therapy who applies for such special permit on a form provided by the board and who pays to the board the special permit fee as required under K.S.A. 65-5509, and amendments thereto. The special permit shall authorize a student who is enrolled in an approved school of respiratory therapy and who holds such special permit to practice respiratory therapy under the supervision of a licensed respiratory therapist. Such special permit shall expire 30 days after the date that the student graduates from an approved school of respiratory therapy or otherwise ceases to be enrolled in an approved school of respiratory therapy.
(d) The board may issue a temporary license to an applicant for licensure as a respiratory therapist who applies for temporary licensure on a form provided by the board, who meets the requirements for licensure or who meets all of the requirements for licensure except examination and who pays to the board the temporary license fee as required under K.S.A. 65-5509, and amendments thereto. Temporary licenses issued prior to July 1, 2010, shall expire one year from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. Temporary licenses issued on or after July 1, 2010, shall expire six months from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. No more than one such temporary license shall be permitted to any one person.
History: L. 1986, ch. 322, § 8; L. 1987, ch. 253, § 5; L. 1991, ch. 192, § 6; L. 1997, ch. 26, § 2; L. 1999, ch. 87, § 13; L. 2010, ch. 67, § 1; July 1.
§ 65-5509 Fees
(a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:
- Application fee, not more than $80
- Temporary license fee, not more than 40
- Special permit fee, not more than 80
- License renewal fee, not more than 80
- License late renewal fee, not more than 80
- License reinstatement fee, not more than 80
- Certified copy of license, not more than 40
- Written verification of license, not more than 25
(b) The board shall charge and collect in advance fees for any examination administered by the board under the respiratory therapy practice act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under the respiratory therapy practice act be paid directly to the examination service by the person taking the examination.
History: L. 1986, ch. 322, § 9; L. 1987, ch. 253, § 6; L. 1989, ch. 202, § 1; L. 1997, ch. 94, § 5; L. 1999, ch. 87, § 14; March 1, 2000.
§ 65-5510 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; discipline; civil fines; procedure; reinstatement
(a) The board may deny, refuse to renew, suspend, revoke or limit a license or the licensee may be publicly or privately censured where the licensee or applicant for licensure has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct includes:
(1) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;
(2) being guilty of unprofessional conduct as defined by rules and regulations adopted by the board;
(3) being convicted of a felony if the acts for which such person was convicted are found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of a respiratory therapist;
(4) violating any lawful order or rule and regulation of the board; and
(5) violating any provision of this act.
(b) Such denial, refusal to renew, suspension, revocation or limitation of a license or public or private censure of a licensee may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Upon the end of the period of time established by the board for the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An application for reinstatement of a revoked license shall be accompanied by the license renewal fee and the license reinstatement fee established under K.S.A. 65-5509, and amendments thereto.
(c) The board, in addition to any other penalty prescribed in subsection (a), may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for unprofessional conduct in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 1986, ch. 322, § 10; L. 1999, ch. 87, § 15; L. 2004, ch. 117, § 21; July 1.
§ 65-5511 Foreign trained respiratory therapists; requirements
Foreign trained respiratory therapists shall satisfy the examination requirements of K.S.A. 65-5506 and amendments thereto. The board shall require foreign trained applicants to furnish proof of completion of educational requirements, substantially equal to those contained in K.S.A. 65-5506 and amendments thereto prior to taking the examination.
History: L. 1986, ch. 322, § 11; L. 1999, ch. 87, § 16; March 1, 2000.
§ 65-5512 Expiration of license; failure to renew; renewal; suspended license; fees
(a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the license renewal fee established pursuant to K.S.A. 65-5509, and amendments thereto. The board may establish additional requirements for license renewal which provide evidence of continued competency.
(b) At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee fails to pay the renewal fee by the date of expiration, the licensee shall be given a second notice that the license has expired and the license may be renewed only if the renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the license has been reinstated under subsection (c).
(c) Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of licenses canceled for failure to renew.
(d) A person whose license is suspended shall not engage in any conduct or activity in violation of the order or judgment by which the license was suspended.
History: L. 1986, ch. 322, § 12; L. 1999, ch. 87, § 17; L. 2004, ch. 117, § 22; July 1.
§ 65-5513 Moneys received by board; disposition; healing arts fee fund
The board shall remit all moneys received by or for it 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such 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 designated by the president of the board.
History: L. 1986, ch. 322, § 13; L. 2001, ch. 5, § 263; L. 2011, ch. 53, § 36; July 1.
§ 65-5514 Representation as respiratory therapist; prohibitions; misdemeanor; exclusions from the practice of respiratory therapy
(a) On and after March 1, 2000, it shall be unlawful for any person who is not licensed under this act as a respiratory therapist or whose license has been suspended or revoked to hold themselves out to the public as a licensed respiratory therapist, or use the abbreviation of CRTT, RRT, RCP or the words "respiratory therapist," "respiratory care practitioner", "inhalation therapist" or any other words, letters, abbreviations or insignia indicating or implying that such person is a respiratory therapist, or to practice the art and science of respiratory therapy as herein defined. A violation of this subsection (a) shall constitute a class B misdemeanor.
(b) Nothing in this act is intended to limit, preclude or otherwise interfere with the practices of other health care providers formally trained and licensed, registered, credentialed or certified by appropriate agencies of the state of Kansas. The practice of respiratory therapy shall not be construed to include the following individuals:
(1) Persons rendering assistance in the case of an emergency.
(2) Members of any church practicing their religious tenets.
(3) Persons whose services are performed pursuant to the delegation of and under the supervision of a respiratory therapist who is licensed under this act.
(4) Health care providers in the United States armed forces, public health services, federal facilities and coast guard or other military service when acting in the line of duty in this state.
(5) Licensees under the healing arts act, and practicing their professions, when licensed and practicing in accordance with the provisions of law or persons performing services pursuant to the delegation of a licensed physician under subsection (g) of K.S.A. 65-2872 and amendments thereto.
(6) Dentists practicing their professions, when licensed and practicing in accordance with the provisions of law.
(7) Nurses practicing their professions, when licensed and practicing in accordance with the provisions of law or persons performing services pursuant to the delegation of a licensed nurse under subsection (m) of K.S.A. 65-1124 and amendments thereto.
(8) Health care providers who have been formally trained and are practicing in accordance with the training or have received specific training in one or more functions included in this act pursuant to established educational protocols or both.
(9) Students while in actual attendance in an accredited health care occupational educational program and under the supervision of a qualified instructor.
(10) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold oneself out to the public to be a respiratory therapist.
(11) Monitoring, installation or delivery of medical devices, gases and equipment and the maintenance thereof by a nonlicensed person for the express purpose of self-care by a patient or gratuitous care by a friend or family member.
(c) Any patient monitoring, assessment or other procedures designed to evaluate the effectiveness of prescribed respiratory therapy must be performed by or pursuant to the delegation of a licensed respiratory therapist or other health care provider.
(d) Nothing in this act shall be construed to permit the practice of medicine and surgery. No statute granting authority to licensees of the state board of healing arts shall be construed to confer authority upon respiratory therapists to engage in any activity not conferred by this act.
History: L. 1986, ch. 322, § 14; L. 1999, ch. 87, § 18; March 1, 2000.
§ 65-5515 Injunction
When it appears to the board that any person is violating any of the provisions of 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. 1986, ch. 322, § 15; July 1.
§ 65-5516 State agency adjudicative proceedings and judicial review; conduct
All state agency adjudicative proceedings under K.S.A. 65-5501 to 65-5517, inclusive, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
History: L. 1986, ch. 322, § 16; L. 2010, ch. 17, § 165; July 1.
§ 65-5517 Invalidity of part
If any section of this act, or any part thereof, is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof.
History: L. 1986, ch. 322, § 17; July 1.
Article 56 Confidential Communications and Information
§ 65-5601 Definitions
As used in K.S.A. 65-5601 through 65-5605, and amendments thereto:
(a) "Patient" means a person who consults or is examined or interviewed by treatment personnel.
(b) "Treatment personnel" means any employee of a treatment facility who receives a confidential communication from a patient while engaged in the diagnosis or treatment of a mental, alcoholic, drug dependency or emotional condition, if such communication was not intended to be disclosed to third persons.
(c) "Ancillary personnel" means any employee of a treatment facility who is not included in the definition of treatment personnel.
(d) "Treatment facility" means a community mental health center, community service provider, psychiatric hospital and state institution for people with intellectual disability.
(e) "Head of the treatment facility" means the administrative director of a treatment facility or the designee of the administrative director.
(f) "Community mental health center" means the same as defined in K.S.A. 39-2002, and amendments thereto.
(g) "Psychiatric hospital" means Larned state hospital, Osawatomie state hospital, south central regional mental health hospital and hospitals licensed under K.S.A. 39-2001 et seq., and amendments thereto.
(h) "State institution for people with intellectual disability" means Parsons state hospital and the Kansas neurological institute.
(i) "Community service provider" means: (1) A 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; (2) community service provider as provided in the developmental disabilities reform act; or (3) a nonprofit corporation that provides services for people with intellectual disability pursuant to a contract with an intellectual disability governing board.
History: L. 1986, ch. 212, § 1; L. 1995, ch. 234, § 18; L. 1996, ch. 167, § 60; L. 2012, ch. 91, § 53; L. 2018, ch. 71, § 25; L. 2025, ch. 90, § 16; July 1.
§ 65-5602 Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications; extent of privilege; persons who may claim privilege; persons to which confidential communications extend
(a) A patient of a treatment facility has a privilege to prevent treatment personnel or ancillary personnel from disclosing that the patient has been or is currently receiving treatment or from disclosing any confidential communications made for the purposes of diagnosis or treatment of the patient's mental, alcoholic, drug dependency or emotional condition. The privilege extends to individual, family or group therapy under the direction of the treatment personnel and includes members of the patient's family. The privilege may be claimed by the patient, by the patient's guardian or conservator or by the personal representative of a deceased patient. The treatment personnel shall claim the privilege on behalf of the patient unless the patient has made a written waiver of the privilege and provided the treatment personnel with a copy of such waiver or unless one of the exceptions provided by K.S.A. 65-5603 is applicable.
(b) Confidential communications shall extend to those persons present to further the interests of the patient in the consultation, examination or interview; ancillary personnel; persons who are participating in the diagnosis and treatment under the direction of the treatment personnel, including members of the patient's family; and any other persons who the patient reasonably believes needs the communication to assist in the patient's diagnosis or treatment.
History: L. 1986, ch. 212, § 2; July 1.
§ 65-5603 Exceptions to privilege
(a) The privilege established by K.S.A. 65-5602, and amendments thereto, shall not extend to:
(1) Any communication relevant to an issue in proceedings to involuntarily commit to treatment a patient for mental illness, alcoholism or drug dependency if the treatment personnel in the course of diagnosis or treatment has determined that the patient is in need of hospitalization;
(2) an order for examination of the mental, alcoholic, drug dependency or emotional condition of the patient which is entered by a judge, with respect to the particular purpose for which the examination is ordered;
(3) any proceeding in which the patient relies upon any of the aforementioned conditions as an element of the patient's claim or defense, or, after the patient's death, in any proceeding in which any party relies upon any of the patient's conditions as an element of a claim or defense;
(4) any communication which forms the substance of information which the treatment personnel or the patient is required by law to report to a public official or to be recorded in a public office, unless the statute requiring the report or record specifically provides that the information shall not be disclosed;
(5) any information necessary for the emergency treatment of a patient or former patient if the head of the treatment facility at which the patient is being treated or was treated states in writing the reasons for disclosure of the communication and makes such statement a part of the treatment or medical record of the patient;
(6) information relevant to protect a person who has been threatened with substantial physical harm by a patient during the course of treatment, when such person has been specifically identified by the patient, the treatment personnel believes there is substantial likelihood that the patient will act on such threat in the reasonable foreseeable future and the head of the treatment facility has concluded that notification should be given. The patient shall be notified that such information has been communicated;
(7) any information from a state psychiatric hospital to appropriate administrative staff of the department of corrections whenever patients have been administratively transferred to a state psychiatric hospital pursuant to the provisions of K.S.A.
75-5209, and amendments thereto;
(8) any information to the patient or former patient, except that the head of the treatment facility at which the patient is being treated or was treated may refuse to disclose portions of such records if the head of the treatment facility states in writing that such disclosure will be injurious to the welfare of the patient or former patient;
(9) any information to any state or national accreditation, certification or licensing authority, or scholarly investigator, but the head of the treatment facility shall require, before such disclosure is made, a pledge that the name of any patient or former patient shall not be disclosed to any person not otherwise authorized by law to receive such information;
(10) any information to the state protection and advocacy system which concerns individuals who reside in a treatment facility and which is required by federal law and federal rules and regulations to be available pursuant to a federal grant-in-aid program;
(11) any information relevant to the collection of a bill for professional services rendered by a treatment facility;
(12) any information sought by a coroner serving under the laws of Kansas when such information is material to an investigation or proceeding conducted by the coroner in the performance of such coroner's official duties. Information obtained by a coroner under this provision shall be used for official purposes only and shall not be made public unless admitted as evidence by a court or for purposes of performing the coroner's statutory duties;
(13) any communication and information by and between or among treatment facilities, correctional institutions, jails, juvenile detention facilities or juvenile correctional facilities regarding a proposed patient, patient or former patient for purposes of promoting continuity of care by and between treatment facilities, correctional institutions, jails, juvenile detention facilities or juvenile correctional facilities; the proposed patient, patient, or former patient's consent shall not be necessary to share evaluation and treatment records by and between or among treatment facilities, correctional institutions, jails, juvenile detention facilities or juvenile correctional facilities regarding a proposed patient, patient or former patient;
(14) the name, date of birth, date of death, name of any next of kin and place of residence of a deceased former patient when that information is sought as part of a genealogical study;
(15) any information concerning a patient or former patient who is a juvenile offender in the custody of the juvenile justice authority when the commissioner of juvenile justice, or the commissioner's designee, requests such information; or
(16) information limited to whether a person is or has been a patient of any treatment facility within the last six months, such person having been lawfully detained by a law enforcement officer upon reasonable suspicion that such person is committing, has committed or is about to commit a misdemeanor or felony, if such law enforcement officer has reasonable suspicion that such person is suffering from mental illness and such law enforcement officer has a reasonable belief that such person may benefit from treatment at a treatment facility rather than being placed in a correctional institution, jail, juvenile correctional facility or juvenile detention facility. Any communication and information obtained by any law enforcement officer regarding such person from such treatment facility shall not be disclosed except as provided by this section.
(b) As used in this subsection:
(1) "Correctional institution" means the same as prescribed in K.S.A.
75-5202, and amendments thereto;
(2) "jail" means the same as prescribed in K.S.A. 38-2302, and amendments thereto;
(3) "juvenile correctional facility" means the same as prescribed in K.S.A. 38-2302, and amendments thereto;
(4) "juvenile detention facility" means the same as prescribed in K.S.A. 38-2302, and amendments thereto;
(5) "law enforcement officer" means the same as prescribed in K.S.A.
22-2202, and amendments thereto; and
(6) "mental illness" means mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, the welfare of others or the welfare of the community.
(c) The treatment personnel shall not disclose any information subject to subsection (a)(3) unless a judge has entered an order finding that the patient has made such patient's condition an issue of the patient's claim or defense. The order shall indicate the parties to whom otherwise confidential information must be disclosed.
History: L. 1986, ch. 212, § 3; L. 1987, ch. 254, § 1; L. 1988, ch. 305, § 1; L. 1990, ch. 92, § 34; L. 1996, ch. 167, § 61; L. 2003, ch. 66, § 3; L. 2005, ch. 27, § 1; L. 2005, ch. 186, § 16; L. 2011, ch. 70, § 1; L. 2012, ch. 39, § 1; L. 2016, ch. 46, § 55; July 1.
§ 65-5604 Interpretation of act; rules of discovery not to take precedence over act
This act shall be interpreted to encourage treatment in a confidential setting and the rules of discovery shall not take precedence over the provisions of this act.
History: L. 1986, ch. 212, § 4; July 1.
§ 65-5605 Violations; misdemeanor
Any treatment personnel or ancillary personnel willfully violating the patient's confidentiality as defined by this act shall be guilty of a class C misdemeanor.
History: L. 1986, ch. 212, § 5; July 1.
Article 57 Emergency Planning and Community Right-to-Know
§ 65-5701 Citation of act
This act shall be known and may be cited as the Kansas emergency planning and community right-to-know act.
History: L. 1987, ch. 231, § 1; May 28.
§ 65-5702 Definitions
As used in this act:
(a) "Commission" means the state emergency response commission created by K.S.A. 65-5703.
(b) "Federal act" means the federal emergency planning and community right-to-know act of 1986 (Title III, P.L. 99-499).
History: L. 1987, ch. 231, § 2; May 28.
§ 65-5703 State emergency response commission created; membership; terms; compensation and expenses; duties
(a) There is hereby created the state emergency response commission for the purpose of carrying out all requirements of the federal act and for the purpose of providing assistance in the coordination of state agency activities relating to:
(1) Chemical emergency training, preparedness, and response; and
(2) chemical release reporting and prevention, transportation, manufacture, storage, handling and use.
(b) The commission shall consist of:
(1) The following state officers or their appointed designees: The lieutenant governor, the secretary of wildlife and parks, the secretary of labor, the secretary of agriculture, the secretary of health and environment, the adjutant general, the superintendent of the Kansas highway patrol, the state fire marshal, the secretary of transportation, the attorney general, the chairperson of the state corporation commission, and the governor;
(2) three members appointed by the governor to represent the general public; and
(3) two members appointed by the governor to represent owners and operators of facilities regulated pursuant to this act.
(c) Members of the commission appointed by the governor shall serve for terms of two years. Any vacancy in the office of an appointed member of the commission shall be filled for the unexpired term by appointment by the governor.
(d) A chairperson shall be elected annually by the members of the commission. A vice-chairperson shall be designated by the chairperson to serve in the absence of the chairperson.
(e) Members of the commission attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(f) The commission shall perform such duties as are specified in the federal act to be performed by such commissions and, in addition thereto, such duties as are specified in the laws of this state or as are deemed necessary and appropriate by the commission to achieving its purposes. In accordance with the requirements of the federal act, the commission shall establish local planning districts, subject to approval by the secretary of health and environment and the adjutant general, and shall appoint a local planning committee for each such district. Local planning committees shall perform such duties as are specified in the federal act to be performed by such committees, and in addition thereto, such duties as are assigned by the commission or by any member of the commission acting on behalf of or at the direction of the commission, or as are deemed necessary and appropriate by each such committee to achieving its purposes. The duties of the commission and the local planning committees shall be performed in accordance with rules and regulations adopted pursuant to this act.
History: L. 1987, ch. 231, § 3; L. 1991, ch. 202, § 1; L. 2004, ch. 179, § 91; L. 2005, ch. 186, § 17; L. 2012, ch. 47, § 88; L. 2023, ch. 7, § 114; July 1.
§ 65-5703a Repealed
History: L. 1987, ch. 231, § 3; L. 1991, ch. 202, § 1; L. 2004, ch. 101, § 105; Repealed, L. 2005, ch. 186, § 22; May 12.
§ 65-5704 Duties of secretary of health and environment; rules and regulations; fees, limitations; Kansas right-to-know fee fund
(a) The secretary of health and environment shall:
(1) Receive, process and manage hazardous chemical information required to be submitted and notifications required to be given pursuant to the federal act;
(2) establish a list of Kansas reportable chemicals which shall also be subject to the requirements of sections 311 and 312 of the federal act;
(3) designate threshold planning quantities and reportable quantities for any chemical designated for listing as reportable in Kansas. For purposes of reporting in Kansas, the secretary may establish more stringent reporting thresholds for those chemicals required to be reported under the federal act. Chemicals shall be designated and reporting thresholds established after public notice and hearing, based upon concern for the hazards such chemicals may represent in Kansas; and
(4) adopt such rules and regulations as necessary to implement the provisions of the federal act and the secretary's duties under this section, including provisions for protection of trade secrets and for public disclosure of information consistent with sections 322, 323 and 324 of the federal act. Such rules and regulations may establish fees to cover all or part of the total cost of operation of the program. Such fees shall not exceed the maximum fees prescribed in subsection (b). The secretary shall reduce the fees by adopting rules and regulations under this section whenever the secretary determines that the fees are yielding more revenue than is necessary for the purposes described in K.S.A. 65-5732(b), and amendments thereto. The secretary may increase the fees by adopting rules and regulations under this section when the secretary finds that such increase is necessary to produce sufficient revenues for the purposes described in K.S.A. 65-5732(b), and amendments thereto, except that the fees shall not be increased in excess of the total cost of operation of the program.
(b) (1) The maximum fees allowable under this section shall be determined as follows:
(A) Fees on the total maximum daily reportable quantity of extremely hazardous substances listed on the Kansas tier II form shall be:
| Sum of the maximum daily amounts of all extremely hazardous substances reported (pounds) | Annual Fee | | --- | --- | | 1 - 9,999 | $25 | | 10,000 - 999,999 | $50 | | 1,000,000 or greater | $150 |
(B) Fees on the total maximum daily reportable quantity of hazardous chemicals listed on the Kansas tier II form shall be:
| Sum of the maximum daily amounts of all hazardous chemicals reported (pounds) | Annual Fee | | --- | --- | | 10,000 - 99,999 | $25 | | 100,000 - 999,999 | $50 | | 1,000,000 - 9,999,999 | $150 | | 10,000,000 or greater | $300 |
(C) Fees payable on the total quantity of chemicals released reported on the federal form R shall be:
| Sum of the total chemical releases reported (pounds) | Annual Fee | | --- | --- | | 100 - 19,999 | $250 | | 20,000 - 99,999 | $700 | | 100,000 - 999,999 | $1,700 | | 1,000,000 or greater | $3000 |
(D) Each owner or operator subject to the fees prescribed in this section shall not be assessed an annual report fee in total greater than $3,000 during any single report year, excluding late fees.
(2) The secretary shall remit all moneys received from fees collected pursuant to this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the Kansas right-to-know fee fund.
History: L. 1987, ch. 231, § 4; L. 1991, ch. 202, § 2; L. 2018, ch. 82, § 2; July 1.
§ 65-5705 Duties of adjutant general; rules and regulations; fees
The adjutant general shall be responsible for emergency planning activities under the federal act, including adoption of such rules and regulations necessary to implement the provisions of the federal act relating to emergency planning. Such rules and regulations may establish fees to cover all or part of the total cost of operation of the program.
History: L. 1987, ch. 231, § 5; May 28.
§ 65-5706 Interagency agreement
The secretary of health and environment and the adjutant general shall enter into an interagency agreement providing for exchange of information and coordination of their respective duties and responsibilities under this act.
History: L. 1987, ch. 231, § 6; May 28.
§ 65-5707 Provisions of federal act adopted; application; submission of lists of chemicals and material safety data sheets
The provisions of sections 302(c), 303(d), 304, 311, 312, 313 and 323 of the federal act, as effective on the effective date of this act, pertaining to providing of information and giving of notifications shall be considered the law of this state and shall apply equally to all federal agencies, departments, installations and facilities located in this state, as well as to any other facilities subject to the federal act. For purposes of complying with this section, facilities regulated under sections 311 and 312 of the federal act shall submit lists of chemicals in lieu of material safety data sheets, and tier II reports in lieu of tier I reports. Material safety data sheets shall be submitted within 30 days of request to the state or local emergency planning committees.
History: L. 1987, ch. 231, § 7; L. 1991, ch. 202, § 3; July 1.
§ 65-5708 Orders to comply with certain requirements; enforcement; civil penalties; action by health care professional to obtain information; disposition of moneys from civil penalties
(a) The secretary of health and environment, the adjutant general or the attorney general may order a facility owner or operator to comply with the requirements of section 302(c) or 303(d) of the federal act, as adopted by K.S.A. 65-5707, and amendments thereto. The secretary of health and environment, the adjutant general or attorney general may bring an action to enforce the order in the district court of the judicial district where the facility is located by a civil penalty of not more than $25,000 for each day the violation or failure to comply continues.
(b) For a violation of the requirements of section 304 of the federal act, as adopted by K.S.A. 65-5707, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or the attorney general, upon notice and opportunity for hearing, may assess a civil penalty of not more than $25,000 per violation.
(2) The secretary of health and environment, the adjutant general or the attorney general may bring an action against a facility owner or operator in the district court of the judicial district where the facility is located for a civil penalty of: (A) Not more than $25,000 per day for each day the violation continues, for the first violation; and (B) not more than $75,000 per day for each day the violation continues, for the second or a subsequent violation.
(c) For a violation of the requirements of section 312 or 313 of the federal act, as adopted by K.S.A. 65-5707, and amendments thereto, or for denial of the accesses provided for in K.S.A. 65-5711, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or the attorney general, upon notice and opportunity for hearing, may assess a civil penalty of not more than $25,000 per violation.
(2) The secretary of health and environment, the adjutant general or the attorney general may bring an action against a facility owner or operator in the district court of the judicial district where the facility is located for a civil penalty of not more than $25,000 per day for each day the violation continues.
(d) For a violation of section 311 or 323(b) of the federal act, as adopted by K.S.A. 65-5707, and amendments thereto:
(1) The secretary of health and environment, the adjutant general or the attorney general, upon notice and opportunity for hearing, may assess a civil penalty of not more than $10,000 per violation.
(2) The secretary of health and environment, the adjutant general or the attorney general may bring an action against a facility owner or operator in the district court of the judicial district where the facility is located for a civil penalty of not more than $10,000 per day for each day the violation continues.
(e) The secretary of health and environment may impose a late fee at the rate of 10% per annum on any outstanding fee (including late fee) owed the department under K.S.A. 65-5704, and amendments thereto, or rules and regulations promulgated thereunder. The late fee shall be imposed on the first of each month following the date a fee was due. Payment made prior to the next succeeding month shall satisfy the requirements of this section.
(f) Any health care professional entitled to information pursuant to section 323 of the federal act, as adopted by K.S.A. 65-5707, and amendments thereto, may bring an action in the district court to require a facility owner or operator to provide such information.
(g) Except as provided by subsection (h), any civil penalty recovered pursuant to 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.
(h) At the request of the secretary of health and environment, the adjutant general or the attorney general, a county or district attorney may bring an action for a civil penalty as provided by this section, in which case ½ of any penalty recovered in such action shall be paid to the county treasurer for deposit in the county treasury and credit to the county general fund. The remainder shall be remitted to the state treasurer for disposition as provided by subsection (g).
History: L. 1987, ch. 231, § 8; L. 1991, ch. 202, § 4; L. 2001, ch. 5, § 264; July 1.
§ 65-5709 Penalty for violation
Violation of section 304 of the federal act, as adopted by K.S.A. 65-5707, is a felony punishable by a fine of not more than $25,000 or imprisonment for not more than two years, or both, for the first conviction and a fine of not more than $50,000 or imprisonment for not more than five years, or both, for the second or a subsequent conviction.
History: L. 1987, ch. 231, § 9; May 28.
§ 65-5710 Severability
The provisions of this act are severable and, if any provision or part thereof is held invalid, unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining provisions of the act.
History: L. 1987, ch. 231, § 10; May 28.
§ 65-5711 Inspection of premises and records for determination of compliance with act
The secretary of health and environment, the adjutant general or the attorney general or their respective authorized representatives shall have the power to enter at all reasonable times upon any private or public property and inspect the premises and all relevant business or other records for the purpose of determining whether there is compliance with or violation of the provisions of this act and rules and regulations issued pursuant thereto, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
History: L. 1991, ch. 202, § 5; July 1.
§§ 65-5712 through 65-5720 Reserved
§ 65-5721 Commission on emergency planning and response; establishment; members; terms, compensation and expenses
(a) There is hereby established the commission on emergency planning and response.
(b) The membership of the commission on emergency planning and response shall consist of the agency head or secretary or a designated person of authority from the following agencies:
(1) The fire marshal;
(2) the department of health and environment;
(3) the department of transportation;
(4) the Kansas highway patrol;
(5) the adjutant general;
(6) the department of commerce;
(7) the Kansas bureau of investigation;
(8) the Kansas department of agriculture; and
(9) the Kansas department of agriculture division of animal health.
(c) In addition, the membership of the commission on emergency planning and response shall also consist of 18 members appointed by the governor as follows:
(1) One individual shall be representative of counties;
(2) one individual selected to represent cities;
(3) three individuals selected to represent businesses and industries, one of which represents broadcasting;
(4) one individual selected to represent agriculture, crop or livestock;
(5) one individual selected to represent transportation, trucking or rail;
(6) one individual selected to represent energy;
(7) one individual selected to represent law enforcement officers;
(8) one individual selected to represent fire fighters;
(9) one individual selected to represent county emergency managers;
(10) one individual selected to represent emergency medical services;
(11) one individual selected to represent public works services;
(12) one individual selected to represent hospitals;
(13) one individual selected to represent public health;
(14) one individual selected to represent the tribes of Kansas;
(15) one individual selected to represent individuals with disabilities; and
(16) one individual selected to represent the seven regional homeland security councils.
(d) A designee of the adjutant general shall serve as the secretary of the commission on emergency planning and response. The adjutant general shall provide staff support for the commission on emergency planning and response.
(e) Of the members first appointed to the commission on emergency planning and response by the governor, one representative of cities, one representative of counties and one representative of business and industry shall serve a term of two years, and the remainder of the members appointed by the governor shall serve terms of three years. Thereafter, members appointed pursuant to subsection (c) shall serve terms of four years and until the successor has been appointed. Any vacancy in the office of an appointed member shall be filled for the unexpired term by appointment by the governor.
(f) A chairperson shall be elected annually by the members of the commission. A vice-chairperson shall be designated by the chairperson to serve in the absence of the chairperson.
(g) For attending meetings of such commission, or attending a subcommittee meeting thereof authorized by such commission, those members of the commission appointed by the governor shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 1; L. 2003, ch. 154, § 19; L. 2007, ch. 8, § 1; L. 2012, ch. 140, § 111; July 1.
§ 65-5722 Same; powers and duties
The commission on emergency planning and response shall have the following functions, powers and duties:
(a) Carry out all requirements of the federal emergency planning and community right-to-know act of 1986, 42 U.S.C. 11001-11005, and amendments thereto, hereinafter called the "federal act";
(b) provide assistance and advice in establishing policy for the coordination of state agency activities relating to emergency training, preparedness, planning, and response;
(c) provide assistance and advice in establishing policy and procedures for chemical release reporting and prevention, transportation, manufacture, storage, handling, and use;
(d) facilitate and advise the division of emergency management, the adjutant general, and others in the preparation and implementation of all emergency plans prepared by state agencies;
(e) facilitate and advise the division of emergency management, the adjutant general, and others in the preparation and implementation of statewide, interjurisdictional, and local emergency plans prepared in accordance with state and federal law;
(f) designate, and revise as necessary, the boundaries of emergency planning districts in accordance with the federal act;
(g) approve the local emergency planning committee for each emergency planning district;
(h) review reports about responses to disaster emergencies and make recommendations to the appropriate parties involved in the response concerning improved prevention, mitigation, and preparedness;
(i) provide assistance and advice to the division of emergency management and the adjutant general in coordinating, advising, or planning tasks related to community right-to-know reporting, toxic chemical release reporting, management of hazardous substances, emergency planning and preparedness for all types of hazards and emergency planning and preparedness for all types of disasters, as defined in K.S.A. 48-904, and amendments thereto;
(j) recommend procedures to integrate, as appropriate, hazardous substance response planning under 42 U.S.C. 11001-11005, federal contingency planning under 33 U.S.C. 1321 and other federal laws as applicable to hazardous substance discharges, and state, regional, and local planning;
(k) provide recommendations and advice to the adjutant general and the secretary of health and environment regarding the adoption of regulations as authorized to carry out the purposes of all state hazard preparedness and planning laws and the federal act, 42 U.S.C. 11001-11005;
(l) approve the fees established by rules and regulations of the adjutant general to cover all or part of the total operational costs of implementing the provisions of the federal act; and
(m) provide assistance and advice to the division of emergency management and the adjutant general in developing and implementing a plan for regional emergency medical response teams.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 2; L. 2002, ch. 149, § 6; July 1.
§ 65-5723 Emergency response commission abolished; powers and duties transferred; orders and directives continued in effect until superseded
The state emergency response commission created by K.S.A. 65-5703 is hereby abolished.
(a) Except as otherwise provided by this order, all of the powers, duties, and functions of the existing state emergency response commission are hereby transferred to and conferred and imposed upon the commission on emergency planning and response.
(b) Whenever the phrase "state emergency response commission" or words of like effect, are referred to or designated by a statute, rule and regulation, contract or other documents, the reference or designation shall be deemed to apply to the commission on emergency planning and response.
(c) All orders and directives of the state emergency response commission shall continue to be effective and shall be deemed to be orders and directives of the commission on emergency planning and response until revised, amended or nullified pursuant to law.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 3; July 1.
§ 65-5724 Commission on emergency planning and response successor to emergency response commission; force and effect of acts
Except as otherwise provided by this order, the commission on emergency planning and response established by this order shall be the successor in every way to the powers, duties, and functions of the state emergency response commission which were vested prior to the effective date of this order and which are transferred pursuant to K.S.A. 65-5723. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the commission on emergency planning and response shall be deemed to have the same force and effect as if performed by the state emergency response commission in which such powers, duties, and functions were vested prior to the effective date of this order.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 4; July 1.
§ 65-5725 Powers and duties of secretary of health and environment transferred to adjutant general
(a) Except as otherwise provided by this order, all of the powers, duties, and functions of the secretary of health and environment relating to provision of support for the oversight and administrative activities of the commission on emergency planning and response are hereby transferred to and conferred and imposed upon the adjutant general.
(b) Except as otherwise provided by this order, whenever the words "secretary of health and environment" or words of like effect are referred to or designated by a statute, rule and regulation, contract or other document in connection with the powers, duties, and functions transferred from the secretary of health and environment to the adjutant general by this order, the reference or designation shall be deemed to apply to the adjutant general.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 5; L. 2018, ch. 82, § 3; July 1.
§ 65-5726 Rules and regulations, orders and directives continued in effect until superseded
All rules and regulations, orders, and directives of the secretary of health and environment relating to those duties, functions, and powers transferred to the adjutant general by K.S.A. 65-5725 shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the adjutant general until revised, amended or nullified pursuant to law.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 6; July 1.
§ 65-5727 Adjutant general successor to secretary of health and environment; force and effect of acts
Except as otherwise provided by this order, the adjutant general shall be the successor in every way to the powers, duties, and functions of the secretary of health and environment which were vested prior to the effective date of this order and which are transferred pursuant to K.S.A. 65-5725. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the adjutant general shall be deemed to have the same force and effect as if performed by the secretary of health and environment in which such powers, duties, and functions were vested prior to the effective date of this order.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 7; July 1.
§ 65-5728 Duties and powers of adjutant general and secretary of health and environment transferred to commission on emergency planning and response; rules and regulations and orders and directives continued in effect until superseded
(a) Except as otherwise provided by this order, the powers, duties, and functions of the adjutant general and secretary of health and environment related to approval of local planning districts as provided by K.S.A. 65-5703(f), and amendments thereto, are hereby transferred to and conferred and imposed upon the commission on emergency planning and response.
(b) Except as otherwise provided by this order, whenever the words "adjutant general" or "secretary of health and environment" or words of like effect are referred to or designated by a statute, rule and regulation, contract or other document in connection with the powers, duties, and functions transferred by this order from the adjutant general and the secretary of health and environment to the commission on emergency planning and response, the reference or designation shall be deemed to apply to the commission on emergency planning and response.
(c) All rules and regulations, orders, and directives of the adjutant general and of the secretary of health and environment relating to the powers, duties, and functions transferred to the commission on emergency planning and response by this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the commission on emergency planning and response until revised, amended or nullified pursuant to law.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 8; July 1.
§ 65-5729 Commission on emergency planning and response successor to powers and duties; force and effect of acts
Except as otherwise provided by this order, the commission on emergency planning and response established by this order shall be the successor in every way to the powers, duties, and functions of the adjutant general and the secretary of health and environment in which the same were vested prior to the effective date of this order and which are transferred pursuant to K.S.A. 65-5728. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the commission on emergency planning and response shall be deemed to have the same force and effect as if performed by the adjutant general or the secretary of health and environment in which such powers, duties, and functions were vested prior to the effective date of this order.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 9; July 1.
§ 65-5730 Transfer of property and records; resolution of conflicts
(a) The adjutant general and the secretary of health and environment shall engage in consultations with the purpose of reaching agreement regarding the disposition of all property, all property rights, and records which were used for or pertain to the performance of any of the powers and duties transferred to the adjutant general pursuant to this order.
(b) Any conflict as to the proper disposition of property, records, or the unexpended balance of any appropriation arising as a result of any abolition, transfer, attachment or change made by this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 10; July 1.
§ 65-5731 Rights preserved in legal actions and proceedings
No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency, or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
History: Executive Reorganization Order No. 29, L. 1999, ch. 192, § 11; July 1.
§ 65-5732 Kansas right-to-know fee fund, creation of; secretary of health and environment; administration and uses of fund
(a) There is hereby created in the state treasury the Kansas right-to-know fee fund, which shall be administered by the secretary of health and environment. All moneys received pursuant to K.S.A. 65-5704, and amendments thereto, shall be deposited into the Kansas right-to-know fee fund.
(b) All expenditures from the Kansas right-to-know fee fund shall be used by the secretary of health and environment to:
(1) Administer the Kansas right-to-know program;
(2) provide and maintain the reporting system necessary to comply with K.S.A. 65-5704, and amendments thereto; and
(3) provide training to owners or operators of Kansas facilities, Kansas first responders and Kansas emergency management officials on the existence, access and use of the reporting system established pursuant to the Kansas emergency planning and community right-to-know act.
(c) All expenditures from the Kansas right-to-know fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.
History: L. 2018, ch. 82, § 1; July 1.
§ 65-5733 State interoperability advisory committee; organization; duties
(a) For the purposes of this section:
(1) "Advisory committee" means the state interoperability advisory committee;
(2) "coordinator" means the statewide interoperability coordinator;
(3) "executive subcommittee" means the executive subcommittee of the advisory committee created in subsection (f); and
(4) "state emergency management director" or "director" means the adjutant general of the state of Kansas or the adjutant general's designee.
(b) (1) There is hereby created the state interoperability advisory committee, which shall provide input to the adjutant general's department for the development and deployment of centralized interoperable communications planning and implementation capacity for the state of Kansas. The advisory committee shall:
(A) Make policy recommendations to the adjutant general's department for increasing communications and interagency coordination for the purpose of safeguarding and informing the public of public safety risks and operations;
(B) assist with the development of policies and procedures that increase communications and interagency coordination for the purpose of enhancing public safety interoperable communications;
(C) provide input to the adjutant general's department on statewide contracts for public safety communications equipment, software and consulting services;
(D) make recommendations to the adjutant general's department regarding revisions to the state communications interoperability plan;
(E) make recommendations to the adjutant general's department for the assessment of institutions and organizations that benefit from services provided;
(F) make recommendations to the adjutant general's department concerning the development, release and review of requests for proposals and awarding contracts for public safety communications technology public-private partnerships; and
(G) make recommendations to the adjutant general's department to pursue other opportunities to improve public safety communications as the advisory committee deems appropriate.
(2) The advisory committee shall not have authority to:
(A) Require certification of public safety agencies or employees;
(B) require training or the establishment of mandatory training standards beyond what is necessary for the operation, care and security of interoperable communications systems and plans developed by the advisory committee; or
(C) limit local purchasing options for equipment compatible with the interoperablilty plan.
(c) (1) The advisory committee shall be overseen by the state emergency management director.
(2) The director shall appoint a statewide interoperability coordinator to administer the advisory committee's business, serve as the advisory committee's chairperson, and act on the advisory committee's behalf.
(3) The chairperson shall appoint the vice-chairperson of the advisory committee.
(d) The advisory committee shall consist of the following members:
(1) The director;
(2) the coordinator;
(3) the secretary of transportation or the secretary's designee;
(4) the superintendent of the highway patrol or the superintendent's designee;
(5) the executive branch chief information security officer or the executive branch chief information security officer's designee;
(6) one tribal representative appointed by the governor;
(7) the 911 coordinating council administrator or the administrator's designee;
(8) the chief executive officer of the state board of regents or the chief executive officer's designee;
(9) one member appointed by the Kansas association of public safety communications officials;
(10) one member appointed by the Kansas sheriffs' association;
(11) one member appointed by the emergency medical services board;
(12) one member appointed by the Kansas association of chiefs of police;
(13) one member appointed by the Kansas state association of fire chiefs;
(14) one member appointed by the mid-America regional council;
(15) one member appointed by the league of Kansas municipalities;
(16) one member appointed by the Kansas association of counties; and
(17) one member appointed by the Kansas emergency management association.
(e) (1) All members of the advisory committee shall be appointed by their respective appointing authority on or before August 1, 2018.
(2) Each executive branch member of the advisory committee shall serve until succeeded. Each non-executive branch member of the advisory committee shall serve for a three-year term, beginning on August 1, 2018, and shall be eligible to serve for more than one term. Members of the advisory committee may be removed, for cause, by a majority vote of the advisory committee or by their appointing or designating authority.
(3) Any vacancy on the advisory committee shall be filled in the same manner provided in this section for the original member.
(4) The first meeting of the advisory committee shall be held prior to September 1, 2018. The advisory committee shall meet once every quarter of the calendar year and may hold additional meetings at the call of the director or coordinator.
(5) A majority of the voting members of the advisory committee constitutes a quorum. Any action by the advisory committee shall be by motion adopted by a majority of voting members present when there is a quorum.
(f) (1) There is hereby established an executive subcommittee within the advisory committee to assist in the administration of the advisory committee's business when the full advisory committee is not meeting.
(2) The executive subcommittee shall be composed of the advisory committee members listed in subsection (d)(1) through (d)(4).
(3) The executive subcommittee may transact any business of the advisory committee that has been delegated to the executive subcommittee.
(g) (1) The chairperson may appoint and convene working groups to address specific interoperability and communications requirements, research topics and to make recommendations. In addition, the chairperson may add additional subject matter experts ad hoc to assist the working groups in carrying out their functions and responsibilities.
(2) Each established working group shall meet once every quarter of the calendar year and may hold additional meetings at the call of the director, coordinator or the working group's chairperson.
(3) Working groups shall make recommendations to the advisory committee regarding the following:
(A) Improving interagency communications, training and exercise coordination;
(B) improving effective receipt of information from and communicating information to the public;
(C) improving logistics coordination during on-site events;
(D) evaluating communication and communication protection technologies and recommending procurement standards;
(E) identifying and promoting anti-intrusion technologies for communications from individuals to public safety agencies;
(F) identifying methods to protect sensitive public safety operations from placement on social media sites that deliberately or inadvertently place public safety workers at risk;
(G) identifying and collecting relevant public safety communications systems and equipment performance metrics; and
(H) such other responsibilities as shall be assigned by the chairperson.
(h) The director shall provide staff support for the advisory committee and working groups from the office of the director.
History: L. 2018, ch. 85, § 1; July 1.
Article 58 Professional Counselors
§ 65-5801 Citation of act
K.S.A. 65-5801 through 65-5818, and amendments thereto, and K.S.A. 2025 Supp. 65-5819, and amendments thereto, shall be known and may be cited as the professional counselors licensure act.
History: L. 1987, ch. 315, § 1; L. 1996, ch. 153, § 1; L. 2019, ch. 55, § 8; May 9.
§ 65-5802 Definitions
As used in the professional counselors licensure act:
(a) "Assessment" means selecting, administering, scoring and interpreting instruments designed to describe an individual's aptitudes, abilities, achievements, interests and personal characteristics.
(b) "Board" means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(c) "Consultation" means the application of principles, methods and techniques of the practice of counseling to assist in solving current or potential problems of individuals or groups in relation to a third party.
(d) "Extenuating circumstances" means any condition or situation caused by events beyond an individual's control that is sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(e) "Licensed clinical professional counselor" means a person who engages in the independent practice of professional counseling including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations and who is licensed under this act.
(f) "Licensed professional counselor" means a person who is licensed under this act and who engages in the practice of professional counseling only under the direction of a licensed clinical professional counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders.
(g) "Practice of professional counseling" means assisting an individual or group for a fee, monetary or otherwise, through counseling, assessment, consultation and referral and includes the diagnosis and treatment of mental disorders as authorized under the professional counselors licensure act.
(h) "Professional counseling" means to assist an individual or group to develop understanding of personal strengths and weaknesses, to restructure concepts and feelings, to define goals and to plan actions as these are related to personal, social, educational and career development and adjustment.
(i) "Referral" means the evaluation of information to identify problems and to determine the advisability of referral to other practitioners.
History: L. 1987, ch. 315, § 2; L. 1996, ch. 153, § 2; L. 1999, ch. 117, § 1; L. 2023, ch. 90, § 4; July 1.
§ 65-5803 Licensure required prior to certain acts and representations; violations misdemeanor
(a) No person shall engage in the practice of professional counseling or represent that such person is a licensed professional counselor, licensed counselor or professional counselor without having first obtained a license as a professional counselor under the professional counselors licensure act.
(b) On and after the effective date of this act, no person shall engage in the practice of professional counseling as a clinical professional counselor or represent that such person is a licensed clinical professional counselor without first having obtained a license as a clinical professional counselor under the professional counselors licensure act.
(c) Violation of this section is a class B misdemeanor.
History: L. 1987, ch. 315, § 3; L. 1996, ch. 153, § 3; L. 1999, ch. 117, § 2; July 1, 2000.
§ 65-5804 Repealed
History: L. 1987, ch. 315, § 4; L. 1988, ch. 243, § 14; L. 1988, ch. 263, § 1; L. 1988, ch. 245, § 4; L. 1989, ch. 276, § 1; L. 1996, ch. 153, § 4; L. 1999, ch. 108, § 1; Repealed, L. 2001, ch. 154, § 11; July 1.
§ 65-5804a Application for licensure; requirements; practice of licensed clinical professional counselor; approval of colleges or universities, criteria; temporary license; community-based professional counselor license
(a) Applications for licensure as a professional counselor shall be made to the board on a form and in the manner prescribed by the board. Each application shall be accompanied by the fee set under K.S.A. 65-5808, and amendments thereto.
(b) Each applicant for licensure as a professional counselor shall furnish evidence satisfactory to the board that the applicant:
(1) Is at least 21 years of age;
(2) has completed 60 graduate semester hours including a graduate degree in counseling or a related field from a college or university approved by the board and that includes 45 graduate semester hours of counseling coursework distributed among each of the following areas:
(A) Counseling theory and practice;
(B) the helping relationship;
(C) group dynamics, processing and counseling;
(D) human growth and development;
(E) lifestyle and career development;
(F) appraisal of individuals;
(G) social and cultural foundations;
(H) research and evaluation;
(I) professional orientation; and
(J) supervised practicum and internship;
(3) has passed an examination required by the board; and
(4) has satisfied the board that the applicant is a person who merits the public trust.
(c) (1) Applications for licensure as a clinical professional counselor shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(A) Is licensed by the board as a licensed professional counselor or meets all requirements for licensure as a licensed professional counselor;
(B) has completed 15 credit hours, as part of or in addition to the requirements under subsection (b), supporting diagnosis or treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual through identifiable study of the following content areas: Psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, with not less than 280 hours of direct client contact or additional postgraduate supervised experience as determined by the board;
(D) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience, including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, except that the board may waive
1/2 of the hours required by this subparagraph for an individual who has a doctoral degree in professional counseling or a related field approved by the board and who completes the required
1/2 of the hours in not less than one year of supervised professional experience;
(E) for persons who earned a degree under subsection (b) prior to July 1, 2003, in lieu of the education requirements under subparagraphs (B) and (C), has completed the education requirements for licensure as a professional counselor in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary permit to practice as a licensed professional counselor on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under subparagraphs (B), (C) and (D), has completed the education and training requirements for licensure as a professional counselor in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board; and
(H) has paid the application fee set under K.S.A. 65-5808, and amendments thereto.
(2) A person who was licensed or registered as a professional counselor in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of professional counseling as a registered or licensed professional counselor within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees pursuant to K.S.A. 65-5808, and amendments thereto, and completion of applicable continuing education requirements, shall be licensed as a licensed clinical professional counselor by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
(A) Either: (i) Graduate coursework; or (ii) passing a national, clinical examination;
(B) either: (i) Three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital; or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
(3) A licensed clinical professional counselor may engage in the independent practice of professional counseling and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical professional counselor shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed clinical professional counselor may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(4) A licensed professional counselor may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations only under the direction of a licensed clinical professional counselor, licensed psychologist, person licensed to practice medicine and surgery or person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensed professional counselor shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed professional counselor may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(d) The board shall adopt rules and regulations establishing the criteria that a college or university shall satisfy in order to be approved by the board. The board may send a questionnaire developed by the board to any college or university for which the board does not have sufficient information to determine whether the school meets the requirements for approval and rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the college or university to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about colleges and universities. In entering such contracts, the authority to approve college and universities shall remain solely with the board.
(e) A person who is waiting to take the examination required by the board may apply to the board for a temporary professional counselor license to practice as a licensed professional counselor by:
(1) Paying an application fee of not more than $150; and
(2) meeting the application requirements as stated in K.S.A. 65-5804a(b)(1), (2) and (4), and amendments thereto.
(f) (1) A temporary professional counselor license may be issued by the board after the application has been reviewed and approved by the board and the applicant has paid the appropriate fee set by the board for issuance of a temporary license.
(2) Absent extenuating circumstances approved by the board, a temporary professional counselor license issued by the board shall expire upon the date the board issues or denies a license to practice professional counseling or 24 months after the date of issuance of the temporary license. No temporary license will be renewed or issued again on any subsequent application for the same license level. The preceding provisions in no way limit the number of times an applicant may take the examination.
(g) A person practicing professional counseling with a temporary professional counselor license may not use the title "licensed professional counselor" or the initials "LPC" independently. The word "licensed" may be used only when followed by the words "by temporary license," such as licensed professional counselor by temporary license, or professional counselor licensed by temporary license.
(h) No person may practice professional counseling under a temporary professional counselor license except under the supervision of a person licensed by the behavioral sciences regulatory board at the independent level.
(i) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the temporary license provided under this section at the time of issuance of such temporary license.
(j) (1) An individual may apply to the board for a community-based professional counselor license to practice professional counseling in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based professional counselor license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based professional counselor license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based professional counselor license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice professional counseling; or
(ii) 24 months after the date of issuance of the community-based professional counselor license.
(B) No community-based professional counselor license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing professional counseling with a community-based professional counselor license may use the title "licensed professional counselor" or the initials "LPC" independently.
(5) No person may practice professional counseling under a community-based professional counselor license except under the supervision of a person licensed by the board to practice at the independent level.
(6) The board shall not issue a community-based professional counselor license or temporary professional counselor license to an individual who has previously been issued a community-based professional counselor license or temporary professional counselor license.
History: L. 1987, ch. 315, § 4; L. 1988, ch. 243, § 14; L. 1988, ch. 263, § 1; L. 1988, ch. 245, § 4; L. 1989, ch. 276, § 1; L. 1996, ch. 153, § 4; L. 1999, ch. 108, § 1; L. 1999, ch. 117, § 3; L. 2001, ch. 154, § 6; L. 2006, ch. 61, § 1; L. 2018, ch. 29, § 1; L. 2021, ch. 88, § 14; L. 2023, ch. 90, § 5; July 1.
§ 65-5805 Repealed
History: L. 1987, ch. 315, § 5; L. 1999, ch. 117, § 5; Repealed, L. 2006, ch. 61, § 6; July 1.
§ 65-5806 Licensure; expiration and renewal; continuing education; reinstatement of expired, suspended or revoked license; notice of change of address
(a) An applicant who meets the requirements for licensure pursuant to the professional counselors licensure act, has paid the license fee provided for by K.S.A. 65-5808, and amendments thereto, and has otherwise complied with the provisions of this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A license may be renewed upon application and payment of the fee provided for by K.S.A. 65-5808, and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board. Prior to July 1, 2025, as part of such continuing education, a licensee shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics. On and after July 1, 2025, as part of such continuing education, a licensee shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
(c) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee's reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, and such application shall be accompanied by the fee provided for by K.S.A. 65-5808, and amendments thereto.
(e) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The renewal fee established under K.S.A. 65-5808, and amendments thereto, and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by the fee as provided by K.S.A. 65-5808, and amendments thereto. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(f) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
History: L. 1987, ch. 315, § 6; L. 1996, ch. 153, § 5; L. 1999, ch. 117, § 6; L. 2016, ch. 92, § 35; L. 2023, ch. 90, § 6; July 1.
§ 65-5807 Licensure of individuals registered, certified or licensed in another jurisdiction
(a) The board may issue a license to an individual who is currently registered, certified or licensed to practice professional counseling in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice professional counseling in the other jurisdiction are substantially equivalent to the requirements of this state; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice professional counseling with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) at least a master's degree in counseling or a related field from a regionally accredited university or college.
(b) Applicants for licensure as a clinical professional counselor shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either subsection (a)(1) or (a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnose and treat mental disorders.
(c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-5808, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the license fee as provided by K.S.A. 65-5808, and amendments thereto.
History: L. 1987, ch. 315, § 7; L. 1996, ch. 153, § 6; L. 2001, ch. 154, § 7; L. 2003, ch. 129, § 2; L. 2016, ch. 92, § 36; L. 2018, ch. 29, § 2; L. 2019, ch. 55, § 9; L. 2023, ch. 90, § 7; July 1.
§ 65-5807a Temporary permit to practice; requirements; fees; expiration, extension
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of professional counseling at the clinical level in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the clinical practice of professional counseling in that jurisdiction for at least two years immediately preceding application may engage in the independent practice of clinical professional counseling as provided by K.S.A. 65-5801 et seq., and amendments thereto, in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice in this state shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any clinical professional counseling services rendered within any 24-hour period shall count as one entire day of clinical professional counseling services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice clinical professional counseling in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical professional counseling in this state.
(f) In accordance with the Kansas administrative procedure act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical professional counseling in this state without complying with the provisions of this section.
(g) This section shall be a part of and supplemental to the professional counselors licensure act.
History: L. 2007, ch. 13, § 1; L. 2021, ch. 88, § 15; May 6.
§ 65-5808 Fees
(a) The board may collect the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as a professional counselor, not more than $100;
(2) for an original license as a professional counselor, not more than $175;
(3) for a temporary license as a professional counselor, not more than $175;
(4) for a six-month reinstatement temporary license as a professional counselor, not more than $50;
(5) for renewal for licensure as a professional counselor, not more than $150;
(6) for application for licensure as a clinical professional counselor, not more than $175;
(7) for licensure as a clinical professional counselor, not more than $175;
(8) for renewal for licensure as a clinical professional counselor, not more than $175;
(9) for a six-month reinstatement temporary license as a clinical professional counselor, not more than $50;
(10) for a community-based professional counselor license, not more than $175;
(11) for a home-state license with privilege to practice under the counseling compact, not more than $25 in addition to any other applicable fee;
(12) for late renewal penalty, an amount equal to the fee for renewal of a license;
(13) for reinstatement of a license, not more than $175;
(14) for replacement of a license, not more than $20;
(15) for a wallet card license, not more than $5; and
(16) for application as a board-approved clinical supervisor, not more than $50.
(b) Fees paid to the board are not refundable.
History: L. 1987, ch. 315, § 8; L. 1990, ch. 286, § 1; L. 1996, ch. 153, § 7; L. 1996, ch. 153, § 8; L. 1999, ch. 117, § 7; L. 2016, ch. 92, § 37; L. 2021, ch. 88, § 16; L. 2023, ch. 90, § 8; L. 2024, ch. 100, § 11; July 1.
§ 65-5808a Repealed
History: L. 1987, ch. 315, § 8; L. 1990, ch. 286, § 1; L. 1996, ch. 153, § 7; L. 1996, ch. 153, § 8; L. 1999, ch. 117, § 7; L. 2016, ch. 92, § 37; L. 2021, ch. 88, § 16; L. 2023, ch. 17, § 2; Repealed, L. 2024, ch. 100, § 16; July 1.
§ 65-5809 Refusal to issue, suspension, limitation, refusal to renew, condition or revocation of license; grounds; procedure; licensure of applicant with felony conviction, requirements
(a) The board may refuse to issue, renew or reinstate a license, may condition, limit, revoke or suspend a license, may publicly or privately censure a licensee or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for licensure:
(1) Is incompetent to practice professional counseling. "Incompetent to practice professional counseling" means:
(A) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;
(B) repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; or
(C) a pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to practice professional counseling;
(2) has been convicted of a felony offense and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(3) has been convicted of a misdemeanor against persons and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(4) is currently listed on a child abuse registry or an adult protective services registry as the result of a substantiated finding of abuse or neglect by any state agency, agency of another state, the District of Columbia or the United States, territory of the United States or another country and the applicant or licensee has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(5) has violated a provision of the professional counselors licensure act or one or more rules and regulations of the board;
(6) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(7) has knowingly made a false statement on a form required by the board for a license or license renewal;
(8) has failed to obtain continuing education credits as required by rules and regulations adopted by the board;
(9) has been found to have engaged in unprofessional conduct as defined by applicable rules and regulations adopted by the board;
(10) has had a professional registration, license or certificate revoked, suspended or limited, or has had other disciplinary action taken, or an application for a registration, license or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia, or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof; or
(11) has violated any lawful order or directive of the board previously entered by the board.
(b) For issuance of a new license or reinstatement of a revoked or suspended license for a licensee or applicant for licensure with a felony conviction, the board may only issue or reinstate such license by a 2/3 majority vote.
(c) Administrative proceedings and disciplinary actions regarding licensure under the professional counselors licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the professional counselors licensure act shall be in accordance with the Kansas judicial review act.
History: L. 1987, ch. 315, § 9; L. 1988, ch. 263, § 2; L. 1996, ch. 153, § 9; L. 1999, ch. 117, § 8; L. 2004, ch. 16, § 1; L. 2016, ch. 92, § 38; L. 2021, ch. 88, § 17; May 6.
§ 65-5810 Confidential communications; exceptions
(a) The confidential relations and communications between a licensed professional counselor and such counselor's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(b) The confidential relations and communications between a licensed clinical professional counselor and such counselor's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(c) Nothing in this section or in this act shall be construed to prohibit any licensed professional counselor or licensed clinical professional counselor from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of the client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1987, ch. 315, § 10; L. 1996, ch. 153, § 10; L. 1999, ch. 117, § 9; July 1, 2000.
§ 65-5811 Repealed
History: L. 1987, ch. 315, § 11; L. 1996, ch. 153, § 11; L. 1996, ch. 239, § 1; L. 1999, ch. 108, § 2; Repealed, L. 2001, ch. 154, § 11; July 1.
§ 65-5812 Construction of act
Nothing in the professional counselors licensure act shall be construed:
(a) To apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, masters level psychologists, marriage and family therapists, registered nurses or social workers, others performing counseling not for a fee, or others performing counseling consistent with the laws of this state, their training and any code of ethics of their professions, including school, industrial, financial, vocational, rehabilitation or any similar type counselor so long as they do not represent themselves by any title or description in the manner prescribed in K.S.A. 65-5803, and amendments thereto;
(b) to apply to the activities, services and use of an official title on the part of an individual employed as a counselor by any federal, state, county or municipal agency or public, any private educational institution, so long as such individuals are performing counseling or counseling-related activities within the scope of their employment;
(c) to apply to the activities and services of a rabbi, priest, minister or clergy person of any religious denomination or sect, including a Christian Science practitioner, or any public or private not-for-profit organization, corporation or association, including but not limited to camp counselors, crisis center counselors, community hot-line counselors or suicide hot-line counselors, so long as such activities and services are within the scope of the performance of such individual's regular or specialized ministerial duties;
(d) to authorize a person licensed under such act to diagnose or treat mental illness or disease except that licensed clinical professional counselors may diagnose and treat mental disorders in accordance with this act;
(e) [to] prohibit the activities of persons licensed or otherwise regulated by the state board of education or otherwise licensed, registered, or otherwise regulated by the laws of this state and who are performing services consistent with the laws of this state, their training and any code of ethics of their profession;
(f) to prohibit the activities of students or interns enrolled in an approved academic program while engaged in such academic program;
(g) in any way to restrict any person from carrying on any of the aforesaid activities in the free expression or exchange of ideas concerning the practice of professional counseling, the application of its principles, the teaching of such subject matter, and the conducting of research on problems relating to human behavior if such person does not represent such person or such person's services in any manner prohibited by such act;
(h) to prohibit the activities of persons performing services pursuant to a temporary license issued pursuant to such act;
(i) to apply to the activities of persons working under the supervision of a professional counselor;
(j) to prohibit the activities of any weight control consultants or advisors in recognized, legitimate programs or business environments;
(k) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being engaged in the practice of professional counseling.
History: L. 1987, ch. 315, § 12; L. 1996, ch. 153, § 12; L. 1999, ch. 108, § 3; L. 2001, ch. 211, § 16; L. 2007, ch. 13, § 7; July 1.
§ 65-5812a Repealed
History: L. 1987, ch. 315, § 12; L. 1996, ch. 153, § 12; L. 1999, ch. 117, § 10; Repealed, L. 2001, ch. 211, § 18; July 1.
§ 65-5813 Repealed
History: L. 1987, ch. 315, § 13; Repealed, L. 1996, ch. 153, § 44; July 1.
§ 65-5814 Repealed
History: L. 1987, ch. 315, § 14; L. 1988, ch. 263, § 3; Repealed, L. 1996, ch. 153, § 44; July 1.
§ 65-5815 Repealed
History: L. 1987, ch. 315, § 15; L. 1996, ch. 153, § 13; L. 2010, ch. 17, § 166; Repealed, L. 2016, ch. 92, § 101; July 1.
§ 65-5816 Invalidity of part
If any part or parts of the professional counselors licensure act are held to be invalid or unconstitutional by any court, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional part or parts.
History: L. 1987, ch. 315, § 16; L. 1996, ch. 153, § 14; January 1, 1997.
§ 65-5817 Disclosures to client at beginning of client-therapist relationship; documentation
A licensee under the professional counselors licensure act, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 1999, ch. 117, § 4; July 1, 2000.
§ 65-5818 Postgraduate clinical supervision of professional counselors; requirements
On and after July 1, 2017, all licensees providing postgraduate clinical supervision for those working toward clinical licensure must be board-approved clinical supervisors.
(a) Applications for a board-approved clinical supervisor shall be made to the board on a form and in the manner prescribed by the board. Each application shall be accompanied by the fee fixed under K.S.A.
65-5808, and amendments thereto.
(b) Each applicant for board-approved clinical supervisor shall furnish evidence satisfactory to the board that the applicant:
(1) (A) Is currently licensed as a clinical professional counselor and has practiced as a clinical professional counselor for two years beyond the supervisor's licensure date; or
(B) is a person who is licensed at the graduate level to practice in one of the behavioral sciences, and whose authorized scope of practice permits the independent practice of counseling, therapy, or psychotherapy and has practiced at least two years of clinical practice beyond the date of licensure at this level;
(2) does not have any disciplinary action that would prohibit providing clinical supervision; and
(3) (A) has completed the minimum number of semester hours of coursework related to the enhancement of supervision skills approved by the board; or
(B) has completed the minimum number of continuing education hours related to the enhancement of supervision skills approved by the board.
(c) Each board-approved clinical supervisor shall complete, as part of the continuing education required under K.S.A.
65-5806, and amendments thereto, at least three hours of continuing education related to the enhancement of supervisory skills, and at least one such hour must focus on ethics in supervision.
History: L. 2016, ch. 92, § 39; July 1.
§ 65-5819 Provisional licensure as professional counselor; remedial requirements prescribed by board; professional title
(a) If, in evaluating any applicant for licensure as a professional counselor, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 65-5804a or 65-5807, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for provisional licensure as a professional counselor on a form and in a manner prescribed by the board. The board may issue a provisional license to practice professional counseling. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice professional counseling or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing professional counseling with a provisional license may not use the title "licensed professional counselor" or "licensed clinical professional counselor" or the initials "LPC" or "LCPC," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
History: L. 2019, ch. 55, § 2; May 9.
§§ 65-5820 through 65-5824 Reserved
§ 65-5825 Counseling compact; facilitating interstate practice of licensed professional counselors
This section shall be known and may be cited as the counseling compact.
SECTION 1—PURPOSE
The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(a) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;
(b) enhance the states' ability to protect the public's health and safety;
(c) encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;
(d) support spouses of relocating active duty military personnel;
(e) enhance the exchange of licensure, investigative and disciplinary information among member states;
(f) allow for the use of telehealth technology to facilitate increased access to professional counseling services;
(g) support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;
(h) invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;
(i) eliminate the necessity for licenses in multiple states; and
(j) provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
SECTION 2—DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions shall apply:
(a) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
(b) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a licensed professional counselor's authorization to practice, including issuance of a cease and desist action.
(c) "Alternative program" means a non-disciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
(d) "Continuing competence or education" means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.
(e) "Counseling compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.
(f) "Current significant investigative information" means:
(1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(2) investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.
(g) "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice and adverse action information.
(h) "Encumbered license" means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the national practitioners data bank.
(i) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
(j) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(k) "Home state" means the member state that is the licensee's primary state of residence.
(l) "Impaired practitioner" means an individual who has a condition or conditions that may impair such individual's ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment and neurological or physical impairments.
(m) "Investigative information" means information, records and documents received or generated by a professional counseling licensing board pursuant to an investigation.
(n) "Jurisprudence requirement" if required by a member state, means the assessment of an individual's knowledge of the laws and rules governing the practice of professional counseling in a state.
(o) "Licensed professional counselor" means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose and treat behavioral health conditions.
(p) "Licensee" means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.
(q) "Licensing board" means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.
(r) "Member state" means a state that has enacted the compact.
(s) "Privilege to practice" means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
(t) "Professional counseling" means the assessment, diagnosis and treatment of behavioral health conditions by a licensed professional counselor.
(u) "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.
(v) "Rule" means a regulation promulgated by the commission that has the force of law.
(w) "Single-state license" means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
(x) "State" means any state, commonwealth, district or territory of the United States of America that regulates the practice of professional counseling.
(y) "Telehealth" means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose and treat behavioral health conditions.
(z) "Unencumbered license" means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.
SECTION 3—STATE PARTICIPATION
IN THE COMPACT
(a) To participate in the compact, a state must currently:
(1) License and regulate licensed professional counselors;
(2) require licensees to pass a nationally recognized exam approved by the commission;
(3) require licensees to have a 60 semester-hour, or 90 quarter-hour, master's degree in counseling or 60 semester hours, or 90 quarter hours, of graduate coursework including the following areas:
(A) Professional counseling orientation and ethical practice;
(B) social and cultural diversity;
(C) human growth and development;
(D) career development;
(E) counseling and helping relationships;
(F) group counseling and group work;
(G) diagnosis and treatment, assessment and testing;
(H) research and program evaluation; and
(I) other areas as determined by the commission;
(4) require licensees to complete a supervised postgraduate professional experience as defined by the commission; and
(5) have a mechanism in place for receiving and investigating complaints about licensees.
(b) A member state shall:
(1) Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules;
(2) notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
(3) implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;
(A) a member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search and shall use the results in making licensure decisions; and
(B) communication between a member state, the commission and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under public law 92-544;
(4) comply with the rules of the commission;
(5) require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws;
(6) grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules; and
(7) provide for the attendance of the state's commissioner to the counseling compact commission meetings.
(c) Member states may charge a fee for granting the privilege to practice.
(d) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting a privilege to practice professional counseling in any other member state.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(f) A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.
SECTION 4—PRIVILEGE TO PRACTICE
(a) To exercise the privilege to practice under the terms and provisions of the compact, the licensee shall:
(1) Hold a license in the home state;
(2) have a valid United States social security number or national practitioner identifier;
(3) be eligible for a privilege to practice in any member state in accordance with section 4(d), (g) and (h) of this compact;
(4) have not had any encumbrance or restriction against any license or privilege to practice within the previous two years;
(5) notify the commission that the licensee is seeking the privilege to practice within a remote state;
(6) pay any applicable fees, including any state fee, for the privilege to practice;
(7) meet any continuing competence or education requirements established by the home state;
(8) meet any jurisprudence requirements established by the remote state in which the licensee is seeking a privilege to practice; and
(9) report to the commission any adverse action, encumbrance or restriction on license taken by any non-member state within 30 days from the date the action is taken.
(b) The privilege to practice is valid until the expiration date of the home state license. The licensee must comply with the requirements of section 4(a) of this compact to maintain the privilege to practice in the remote state.
(c) A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
(d) A licensee providing professional counseling services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's privilege to practice in the remote state for a specific period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid.
(e) If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:
(1) The home state license is no longer encumbered; and
(2) the licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two years.
(f) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of section 4(a) of this compact to obtain a privilege to practice in any remote state.
(g) If a licensee's privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:
(1) The specific period of time for which the privilege to practice was removed has ended;
(2) all fines have been paid; and
(3) the individual has not had any encumbrance or restriction against any license or privilege to practice within the previous two years.
(h) Once the requirements of section 4(g) of this compact have been met, the licensee must meet the requirements in section 4(a) of this compact to obtain a privilege to practice in a remote state.
SECTION 5—OBTAINING A NEW HOME STATE LICENSE
BASED ON A PRIVILEGE TO PRACTICE
(a) A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.
(b) If a licensed professional counselor changes primary state of residence by moving between two member states:
(1) The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees and notify the current and new home state in accordance with applicable rules adopted by the commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in section 4 of this compact via the data system, without need for primary source verification except for:
(A) A federal bureau of investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the commission in accordance with public law 92-544;
(B) other criminal background check as required by the new home state; and
(C) completion of any requisite jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the commission.
(4) Notwithstanding any other provision of this compact, if the licensed professional counselor cannot meet the criteria in section 4 of this compact, the new home state may apply its requirements for issuing a new single-state license.
(5) The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If a licensed professional counselor changes primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
(d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states, however for the purposes of this compact, a licensee shall have only one home state license.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
SECTION 6—ACTIVE DUTY MILITARY PERSONNEL
OR THEIR SPOUSES
Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change the individual's home state through application for licensure in the new state or through the process outlined in section 5 of this compact.
SECTION 7—COMPACT PRIVILEGE
TO PRACTICE TELEHEALTH
(a) Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with section 3 of this compact and under rules promulgated by the commission, to practice professional counseling in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
(b) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.
SECTION 8—ADVERSE ACTIONS
(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) Take adverse action against a licensed professional counselor's privilege to practice within that member state; and
(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(3) Only the home state shall have the power to take adverse action against a licensed professional counselor's license issued by the home state.
(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(c) The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state law, may recover from the affected licensed professional counselor the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensed professional counselor.
(e) A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.
(f) Joint investigations:
(1) In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(g) If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor shall include a statement that the licensed professional counselor's privilege to practice is deactivated in all member states during the pendency of the order.
(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
(i) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
SECTION 9—ESTABLISHMENT OF
COUNSELING COMPACT COMMISSION
(a) The compact member states hereby create and establish a joint public agency known as the counseling compact commission:
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting and meetings. (1) Each member state shall have and be limited to one delegate selected by that member state's licensing board.
(2) The delegate shall be either:
(A) A current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or
(B) an administrator of the licensing board.
(3) Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.
(4) The member state licensing board shall fill any vacancy occurring on the commission within 60 days.
(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(6) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
(7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(8) The commission shall by rule establish a term of office for delegates and may by rule establish term limits.
(c) The commission shall have the following powers and duties:
(1) Establish the fiscal year of the commission;
(2) establish bylaws;
(3) maintain its financial records in accordance with the bylaws;
(4) meet and take such actions as are consistent with the provisions of this compact and the bylaws;
(5) promulgate rules, which shall be binding to the extent and in the manner provided for in the compact;
(6) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued underapplicable law shall not be affected;
(7) purchase and maintain insurance and bonds;
(8) borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
(9) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(10) accept any and all appropriate donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
(11) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the commission shall avoid any appearance of impropriety;
(12) sell convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(13) establish a budget and make expenditures;
(14) borrow money;
(15) appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(16) provide and receive information from, and cooperate with, law enforcement agencies;
(17) establish and elect an executive committee; and
(18) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of professional counseling licensure and practice.
(d) The executive committee. (1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
(2) The executive committee shall be composed of up to 11 members:
(A) Seven voting members who are elected by the commission from the current membership of the commission; and
(B) up to four ex-officio, nonvoting members from four recognized national professional counselor organizations.
(C) The ex-officio members will be selected by their respective organizations.
(3) The commission may remove any member of the executive committee as provided in bylaws.
(4) The executive committee shall meet at least annually.
(5) The executive committee shall have the following duties and responsibilities:
(A) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues and any commission compact fee charged to licensees for the privilege to practice;
(B) ensure compact administration services are appropriately provided, contractual or otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the commission;
(E) monitor compact compliance of member states and provide compliance reports to the commission;
(F) establish additional committees as necessary; and
(G) other duties as provided in rules or bylaws.
(e) Meetings of the commission.
(1) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 11 of this compact.
(2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:
(A) Non-compliance of a member state with its obligations under the compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) current, threatened or reasonably anticipated litigation;
(D) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(E) accusing any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) disclosure of investigative records compiled for law enforcement purposes;
(I) disclosure of information related to any investigative reports prepared by, on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
(J) matters specifically exempted from disclosure by federal or member state statute.
(3) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(f) Financing of the commission.
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(g) Qualified immunity, defense and indemnification. (1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 10—DATA SYSTEM
(a) The commission shall provide for the development, maintenance, operation and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license or privilege to practice;
(4) non-confidential information related to alternative program participation;
(5) any denial of application for licensure, and the reasons for such denial;
(6) current significant investigative information; and
(7) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state will only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 11—RULEMAKING
(a) The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event the commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force or effect.
(b) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(c) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(e) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform; and
(2) on the website of each member state professional counseling licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(f) The notice of proposed rulemaking shall include:
(1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(g) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(h) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least 25 members.
(i) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings will be recorded. A copy of the recording will be made available on request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(j) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed Rule without a public hearing.
(l) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(m) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
(n) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
SECTION 12—OVERSIGHT,
DISPUTE RESOLUTION AND ENFORCEMENT
(a) Oversight. (1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b) Default, technical assistance and termination. (1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(A) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature and each of the member states.
(e) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(g) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(h) Dispute resolution. (1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(i) Enforcement. (1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
SECTION 13—DATE OF IMPLEMENTATION OF
THE COUNSELING COMPACT COMMISSION
AND ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 14—CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 15—BINDING EFFECT OF
COMPACT AND OTHER LAWS
(a) A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.
(b) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(d) Any lawful actions of the commission, including all rules and bylaws properly promulgated by the commission, are binding upon the member states.
(e) All permissible agreements between the commission and the member states are binding in accordance with their terms.
(f) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
History: L. 2023, ch. 17, § 1; July 1.
Article 59 Dietitians
§ 65-5901 Citation of act
This act shall be known and may be cited as the dietitians licensing act.
History: L. 1988, ch. 228, § 1; July 1.
§ 65-5902 Definitions
For the purposes of this act:
(a) "Secretary" means the secretary for aging and disability services.
(b) "Department" means the Kansas department for aging and disability services.
(c) "Licensed dietitian" means a person licensed under this act.
(d) "Dietetics practice" means the integration and application of principles derived from the sciences of nutrition, biochemistry, food, physiology, management and behavioral and social sciences to achieve and maintain the health of people through:
(1) Assessing the nutritional needs of clients;
(2) establishing priorities, goals and objectives that meet nutritional needs of clients; and
(3) advising and assisting individuals or groups on appropriate nutritional intake by integrating information from a nutritional assessment with information on food and other sources of nutrients and meal preparation.
(e) "Nutritional assessment" means the evaluation of the nutritional needs of clients based upon appropriate biochemical, anthropometric, physical and dietary data to determine nutrient needs and recommend appropriate nutritional intake including enteral and parenteral nutrition.
(f) "Dietitian" means a person engaged in dietetics practice.
(g) "Sponsor" means entities approved by the secretary for aging and disability services to provide continuing education programs or courses on an ongoing basis under this act and in accordance with any rules and regulations promulgated by the secretary in accordance with this act.
History: L. 1988, ch. 228, § 2; L. 1989, ch. 203, § 1; L. 1997, ch. 31, § 1; L. 2014, ch. 115, § 270; July 1.
§ 65-5903 Persons authorized to practice dietetics or make certain representations limited; violations misdemeanor; action to enjoin violation authorized
(a) Beginning one year after the date the rules and regulations first adopted under this act become effective, only a person licensed or otherwise authorized to practice under this act shall practice dietetics. Only a person licensed under this act shall use the title "dietitian" or "licensed dietitian" alone or in combination with other titles or use the letters L.D. or any other words or letters to indicate that the person using the same is a licensed dietitian.
(b) Violation of this section is a class C misdemeanor.
(c) In lieu of or in addition to prosecution under subsection (b), the secretary may bring an action to enjoin an alleged violation of this section.
History: L. 1988, ch. 228, § 3; L. 1989, ch. 203, § 2; July 1.
§ 65-5904 Rules and regulations for implementation of act
The secretary may adopt rules and regulations necessary for the implementation of this act including, but not limited to, setting standards for approval of courses of study under this act, setting standards for approval of planned, continuous programs of dietetic experience and establishing procedures for the examination of applicants. No rule and regulation shall be adopted which would limit the sale of food products or food supplements by health food stores or others.
History: L. 1988, ch. 228, § 4; July 1.
§ 65-5905 Contracts to obtain information about courses of study authorized
The secretary may contract with investigative agencies, commissions or consultants to assist the secretary in obtaining information about courses of study to be approved by the secretary under K.S.A. 65-5906.
History: L. 1988, ch. 228, § 5; July 1.
§ 65-5906 Requirements for licensure; licenses issued for two years
(a) No person shall be granted a license as a dietitian unless such person has:
(1) Filed an application and paid the required application fee;
(2) received a baccalaureate or post-baccalaureate degree with a major course of study in human nutrition, food and nutrition, dietetics or food service management approved by the secretary as meeting the standards for approval of such course of study under this act;
(3) completed a planned, continuous program of dietetic experience approved by the secretary of not less than 900 clock hours under the supervision of a licensed dietitian; and
(4) passed an examination approved by the secretary.
(b) Licenses shall be issued for a period of two years.
History: L. 1988, ch. 228, § 6; July 1.
§ 65-5907 Temporary license; requirements; expiration; renewal
(a) A temporary license to practice as a dietitian may be issued by the secretary upon the filing of an application, payment of the required application fee and submission of evidence of successful completion of the education requirements for licensure under this act.
(b) The temporary license shall expire six months from the date of issuance. The temporary license may be renewed for one period of not to exceed six months if the secretary determines that the applicant has failed to become licensed within the original period and if the applicant has paid the required renewal fee.
History: L. 1988, ch. 228, § 7; July 1.
§ 65-5908 Waiver of requirements; when authorized
For one year beginning on the date the rules and regulations first adopted under this act become effective, the secretary shall waive the examination requirement and grant a license to a person who pays the renewal fee and who:
(a) Meets the educational requirements set forth by this act and has completed a planned, continuous program of dietetic experience approved by the secretary of not less than 900 clock hours on or before July 1, 1989; or
(b) meets the educational requirements and on the effective date of this act has been employed in dietetics practice for at least three of the five years immediately preceding July 1, 1989.
History: L. 1988, ch. 228, § 8; L. 1989, ch. 203, § 3; July 1.
§ 65-5909 Renewal of license; requirements; procedure; reinstatement of lapsed license
(a) Licenses may be renewed upon payment of the required renewal fee and successful completion of not more than 15 hours of continuing education during the licensure period as specified by the secretary by rules and regulations.
(b) At least 30 days before the expiration of the license, the secretary shall notify the licensee of the expiration by mail addressed to the licensee's last place of residence as noted upon the office records. If the licensee fails to submit an application and fee by the date of expiration of the license, the licensee shall be given a second notice that the license has expired and the license may only be renewed if the application, renewal fee and late renewal fee are received by the secretary within the thirty-day period following the date of expiration and, if the application and both fees are not received within the thirty-day period, the license shall be considered to have lapsed for failure to renew and shall be reissued only after the applicant has been reinstated under subsection (c).
(c) Any licensee who allows the licensee's license to lapse by failing to renew as herein provided may be reinstated upon payment of the renewal fee and the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the secretary for reinstatement of persons whose licenses have lapsed for failure to renew. The secretary shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of persons whose licenses have lapsed for failure to renew.
History: L. 1988, ch. 228, § 9; L. 1994, ch. 53, § 1; July 1.
§ 65-5910 Licensure of person licensed in another state
The secretary may license, without examination, any person who is duly licensed in another state if the standards for licensure in such other state are not less than the standards for licensure under this act.
History: L. 1988, ch. 228, § 10; July 1.
§ 65-5911 Denial, refusal to renew, suspension or revocation of license; grounds; procedure; reinstatement
(a) The secretary may deny, refuse to renew, suspend or revoke a license where the licensee or applicant:
(1) Has obtained, or attempted to obtain, a license by means of fraud, misrepresentation or concealment of material facts;
(2) has been guilty of unprofessional conduct as defined by rules and regulations adopted by the secretary;
(3) has been found guilty of a crime found by the secretary to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of a dietitian;
(4) is mentally ill or physically disabled to an extent that impairs the individual's ability to engage in the practice of dietetics;
(5) has used any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed;
(6) has violated any lawful order or rule and regulation of the secretary; or
(7) has violated any provision of this act.
(b) Such denial, refusal to renew, suspension or revocation of a license may be ordered by the secretary after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act.
(c) A person whose license has been revoked may apply to the secretary for reinstatement. The secretary shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An applicant for reinstatement shall submit a reinstatement application and a reinstatement fee established by the secretary and fulfill the requirements established under subsection (c) of K.S.A. 65-5909 and amendments thereto.
History: L. 1988, ch. 228, § 11; L. 1989, ch. 203, § 4; L. 1994, ch. 53, § 2; July 1.
§ 65-5912 Construction of act; exemptions
(a) Nothing in this act shall be construed to require any insurer or other entity regulated under chapter 40 of the Kansas Statutes Annotated or any other law of this state to provide coverage for or indemnify for the services provided by a person licensed under this act.
(b) So long as the following persons do not hold themselves out to the public to be dietitians or licensed dietitians or use these titles in combination with other titles or use the abbreviation L.D., or any combination thereof, nothing in this act shall be construed to apply:
(1) To any person licensed to practice the healing arts, a licensed dentist, a licensed dental hygienist, a licensed professional nurse, a licensed practical nurse, a licensed psychologist, a licensed masters level psychologist, a licensed pharmacist or an employee thereof, a physician assistant, a licensed professional counselor;
(2) to any unlicensed employee of a licensed adult care home or a licensed medical care facility as long as such person is working under the general direction of a licensee in the healing arts, nursing or a dietetic services supervisor as defined in regulations adopted by the secretary of health and environment or a consultant licensed under this act;
(3) to any dietetic technician or dietetic assistant;
(4) to any student enrolled in an approved academic program in dietetics, home economics, nutrition, education or other like curriculum, while engaged in such academic program;
(5) to prevent any person, including persons employed in health food stores, from furnishing nutrition information as to the use of food, food materials or dietary supplements, nor to prevent in any way the free dissemination of information or of literature as long as no individual engaged in such practices holds oneself out as being licensed under this act;
(6) to prohibit any individual from marketing or distributing food products, including dietary supplements, or to prevent any such person from providing information to customers regarding the use of such products;
(7) to prevent any employee of the state or a political subdivision who is employed in nutrition-related programs from engaging in activities included within the definition of dietetics practice as a part of such person's employment;
(8) to any person who performs the activities and services of a licensed dietitian or nutrition educator as an employee of the state or a political subdivision, an elementary or secondary school, an educational institution, a licensed institution, or a not-for-profit organization;
(9) to any person serving in the armed forces, the public health service, the veterans administration or as an employee of the federal government;
(10) to any person who has a degree in home economics insofar as the activities of such person are within the scope of such person's education and training;
(11) to any person who counsels or provides weight-control services as a part of a franchised or recognized weight-control program or a weight-control program that operates under the general direction of a person licensed to practice the healing arts, nursing or a person licensed under this act;
(12) to any person who is acting as a representative of a trade association and who engages in one or more activities included within the practice of dietetics as a representative of such association;
(13) to a licensed physical therapist who makes a dietetic or nutritional assessment or gives dietetic or nutritional advice in the normal practice of such person's profession or as otherwise authorized by law;
(14) to a dietitian licensed, registered or otherwise authorized to practice dietetics in another state who is providing consultation in this state;
(15) to any person conducting a teaching clinical demonstration which is carried out in an educational institution or an affiliated clinical facility or health care agency;
(16) to any person conducting classes or disseminating information relating to nonmedical nutrition; or
(17) to any person permitted to practice under K.S.A. 65-2872a, and amendments thereto.
(c) Nothing in this act shall be construed to interfere with the religious practices or observances of a bona fide religious organization, nor to prevent any person from caring for the sick in accordance with tenets and practices of any church or religious denomination which teaches reliance upon spiritual means through prayer for healing.
History: L. 1988, ch. 228, § 12; L. 1994, ch. 53, § 3; L. 1997, ch. 142, § 6; L. 2003, ch. 128, § 28; L. 2004, ch. 117, § 9; July 1.
§ 65-5913 Fees
The secretary shall fix by rules and regulations fees for applications for and renewal of licenses, temporary licenses, examination fees, late renewal fees, reinstatement and sponsorship fees under this act. Such fees shall be fixed in an amount to cover the costs of administering the provisions of this act. No fee shall be more than $200. The secretary shall remit all moneys received from fees, charges or penalties under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the health occupations credentialing fee fund created by K.S.A. 39-979, and amendments thereto.
History: L. 1988, ch. 228, § 13; L. 1994, ch. 53, § 4; L. 1997, ch. 31, § 2; L. 2001, ch. 5, § 265; L. 2018, ch. 32, § 4; July 1.
§ 65-5914 Dietician compact; facilitating interstate practice of dieticians
This section shall be known and may be cited as the dietitian compact.
SECTION 1—PURPOSE
The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure while also providing for licensure portability through a compact privilege granted to qualifying professionals. This compact is designed to achieve the following objectives:
(a) Increase public access to dietetics services;
(b) provide opportunities for interstate practice by licensed dietitians who meet uniform requirements;
(c) eliminate the necessity for licenses in multiple states;
(d) reduce administrative burden on member states and licensees;
(e) enhance the states' ability to protect the public's health and safety;
(f) encourage the cooperation of member states in regulating multistate practice of licensed dietitians;
(g) support relocating active military members and their spouses;
(h) enhance the exchange of licensure, investigative and disciplinary information among member states; and
(i) vest all member states with the authority to hold a licensed dietitian accountable for meeting all state practice laws in the state where the patient is located at the time care is rendered.
SECTION 2—DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions apply:
(a) "ACEND" means the accreditation council for education in nutrition and dietetics or its successor organization.
(b) "Active military member" means any individual with full-time duty status in the active armed forces of the United States, including members of the national guard and reserve.
(c) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing authority or other authority against a licensee, including actions against an individual's license or compact privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a licensee's authorization to practice, including issuance of a cease and desist action.
(d) "Alternative program" means a non-disciplinary monitoring or practice remediation process approved by a licensing authority.
(e) "CDR" means the commission on dietetic registration or its successor organization.
(f) "Charter member state" means any member state that enacted this compact by law before the effective date specified in section 12.
(g) "Continuing education" means a requirement as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.
(h) "Compact commission" means the governmental agency whose membership consists of all states that have enacted this compact, which is known as the dietitian licensure compact commission, as described in section 8, and which shall operate as an instrumentality of the member states.
(i) "Compact privilege" means a legal authorization, which is equivalent to a license, permitting the practice of dietetics in a remote state.
(j) "Current significant investigative information" means:
(1) Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(2) investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether the subject licensee has been notified and had an opportunity to respond.
(k) "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action information.
(l) "Encumbered license" means a license in which an adverse action restricts a licensee's ability to practice dietetics.
(m) "Encumbrance" means a revocation or suspension of, or any limitation on, a licensee's full and unrestricted practice of dietetics by a licensing authority.
(n) "Executive committee" means a group of delegates elected or appointed to act on behalf of and within the powers granted to them by this compact and the compact commission.
(o) "Home state" means the member state that is the licensee's primary state of residence or that has been designated pursuant to section 6.
(p) "Investigative information" means information, records and documents received or generated by a licensing authority pursuant to an investigation.
(q) "Jurisprudence requirement" means an assessment of an individual's knowledge of the state laws and regulations governing the practice of dietetics in such state.
(r) "License" means an authorization from a member state to either:
(1) Engage in the practice of dietetics, including medical nutrition therapy; or
(2) use the title "dietitian," "licensed dietitian," "licensed dietitian nutritionist," "certified dietitian" or other title describing a substantially similar practitioner as the compact commission may further define by rule.
(s) "Licensee" or "licensed dietitian" means an individual who currently holds a license and who meets all of the requirements outlined in section 4.
(t) "Licensing authority" means the board or agency of a state, or equivalent, that is responsible for the licensing and regulation of the practice of dietetics.
(u) "Member state" means a state that has enacted the compact.
(v) "Practice of dietetics" means the synthesis and application of dietetics as defined by state law and regulations, primarily for the provision of nutrition care services, including medical nutrition therapy, in person or via telehealth, to prevent, manage or treat diseases or medical conditions and promote wellness.
(w) "Registered dietitian" means a person who:
(1) Has completed applicable education, experience, examination and recertification requirements approved by CDR;
(2) is credentialed by CDR as a registered dietitian or a registered dietitian nutritionist; and
(3) is legally authorized to use the title registered dietitian or registered dietitian nutritionist and the corresponding abbreviations "RD" or "RDN."
(x) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise a compact privilege.
(y) "Rule" means a regulation promulgated by the compact commission that has the force of law.
(z) "Single state license" means a license issued by a member state within the issuing state and does not include a compact privilege in any other member state.
(aa) "State" means any state, commonwealth, district or territory of the United States of America.
(bb) "Unencumbered license" means a license that authorizes a licensee to engage in the full and unrestricted practice of dietetics.
SECTION 3—STATE PARTICIPATION IN THE COMPACT
(a) To participate in the compact, a state shall currently:
(1) License and regulate the practice of dietetics; and
(2) have a mechanism in place for receiving and investigating complaints concerning licensees.
(b) A member state shall:
(1) Participate fully in the compact commission's data system, including using the unique identifier as defined in rules;
(2) notify the compact commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;
(3) implement or utilize procedures for considering the criminal history record information of applicants for an initial compact privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;
(A) a member state shall fully implement a criminal history record information requirement, within a time frame established by rule, that includes receiving the results of the federal bureau of investigation record search and shall use those results in determining compact privilege eligibility; and
(B) communication between a member state and the compact commission or among member states regarding the verification of eligibility for a compact privilege shall not include any information received from the federal bureau of investigation relating to a federal criminal history record information check performed by a member state;
(4) comply with and enforce the rules of the compact commission;
(5) require an applicant for a compact privilege to obtain or retain a license in the licensee's home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; and
(6) recognize a compact privilege granted to a licensee who meets all of the requirements outlined in section 4 in accordance with the terms of the compact and rules.
(c) Member states may set and collect a fee for granting a compact privilege.
(d) Individuals not residing in a member state shall continue to be able to apply for a member state's single state license as provided under the laws of each member state. The single state license granted to these individuals shall not be recognized as granting a compact privilege to engage in the practice of dietetics in any other member state.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
(f) At no point shall the compact commission have the power to define the requirements for the issuance of a single state license to practice dietetics. The member states shall retain sole jurisdiction over the provision of these requirements.
SECTION 4—COMPACT PRIVILEGE
(a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
(1) Satisfy one of the following:
(A) Hold a valid current registration that gives the applicant the right to use the term registered dietitian; or
(B) complete all of the following:
(i) An education program that is either:
(a) A master's degree or doctoral degree that is programmatically accredited by:
(1) ACEND; or
(2) a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine, and from a college or university accredited at the time of graduation by the appropriate regional accrediting agency recognized by the council on higher education accreditation and the United States department of education; or
(b) an academic degree from a college or university in a foreign country equivalent to the degree described in subclause (a) that is programmatically accredited by:
(1) ACEND; or
(2) a dietetics accrediting agency recognized by the United States department of education, which the compact commission may by rule determine;
(ii) planned, documented and supervised practice experience in dietetics that is programmatically accredited by:
(a) ACEND; or
(b) a dietetics accrediting agency recognized by the United States department of education which the compact commission may by rule determine, that involves at least 1000 hours of practice experience under the supervision of a registered dietitian or a licensed dietitian; and
(iii) successful completion of either:
(a) The registration examination for dietitians administered by CDR; or
(b) a national credentialing examination for dietitians approved by the compact commission by rule, such completion being not more than five years prior to the date of the licensee's application for initial licensure and accompanied by a period of continuous licensure thereafter, all of which may be further governed by the rules of the compact commission;
(2) hold an unencumbered license in the home state;
(3) notify the compact commission that the licensee is seeking a compact privilege within a remote state;
(4) pay any applicable fees, including any state fee, for the compact privilege;
(5) meet any jurisprudence requirements established by the remote state where the licensee is seeking a compact privilege; and
(6) report to the compact commission any adverse action, encumbrance or restriction on a license taken by any nonmember state within 30 days from the date the action is taken.
(b) The compact privilege shall be valid until the expiration date of the home state license. To maintain a compact privilege, renewal of the compact privilege shall be congruent with the renewal of the home state license as the compact commission may define by rule. The licensee shall comply with the requirements of subsection (a) to maintain the compact privilege in the remote state.
(c) A licensee exercising a compact privilege shall adhere to the laws and regulations of the remote state. Licensees shall be responsible for educating themselves on, and complying with, any and all state laws relating to the practice of dietetics in such remote state.
(d) Notwithstanding anything to the contrary provided in this compact or state law, a licensee exercising a compact privilege shall not be required to complete continuing education requirements required by a remote state. A licensee exercising a compact privilege shall only be required to meet any continuing education requirements as required by the home state.
SECTION 5—OBTAINING A NEW HOME STATE LICENSE
BASED ON A COMPACT PRIVILEGE
(a) A licensee may hold a home state license that allows for a compact privilege in other member states in only one member state at a time.
(b) If a licensee changes home state by moving between two member states:
(1) The licensee shall file an application for obtaining a new home state license based on a compact privilege, pay all applicable fees and notify the current and new home state in accordance with the rules of the compact commission.
(2) Upon receipt of an application for obtaining a new home state license by virtue of a compact privilege, the new home state shall verify that the licensee meets the criteria in section 4 via the data system and require that the licensee complete the following:
(A) Federal bureau of investigation fingerprint-based criminal history record information check;
(B) any other criminal history record information required by the new home state; and
(C) any jurisprudence requirements of the new home state.
(3) The former home state shall convert the former home state license into a compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the compact commission.
(4) Notwithstanding any other provision of this compact, if the licensee cannot meet the criteria in section 4, the new home state may apply its requirements for issuing a new single state license.
(5) The licensee shall pay all applicable fees to the new home state in order to be issued a new home state license.
(c) If a licensee changes their state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single state license in the new state.
(d) Nothing in this compact shall interfere with a licensee's ability to hold a single state license in multiple states, except that for the purposes of this compact, a licensee shall have only one home state license.
(e) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single state license.
SECTION 6—ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
An active military member, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty.
SECTION 7—ADVERSE ACTIONS
(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) Take adverse action against a licensee's compact privilege within that member state; and
(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure applicable to subpoenas issued in proceedings pending before that court. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence are located.
(b) Only the home state shall have the power to take adverse action against a licensee's home state license.
(c) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(d) The home state shall complete any pending investigations of a licensee who changes home states during the course of the investigations. The home state shall also have authority to take appropriate action and promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
(e) A member state, if otherwise permitted by state law, may recover from the affected licensee the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensee.
(f) A member state may take adverse action based on the factual findings of another remote state if the member state follows its own procedures for taking the adverse action.
(g) Joint investigations.
(1) In addition to the authority granted to a member state by its respective state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation or compliance materials in furtherance of any joint investigation initiated under the compact.
(h) If adverse action is taken by the home state against a licensee's home state license resulting in an encumbrance on the home state license, the licensee's compact privilege in all other member states shall be revoked until all encumbrances have been removed from the home state license. All home state disciplinary orders that impose adverse action against a licensee shall include a statement that the licensee's compact privileges are revoked in all member states during the pendency of the order.
(i) Once an encumbered license in the home state is restored to an unencumbered license as certified by the home state's licensing authority, the licensee shall meet the requirements of section 4(a) and follow the administrative requirements to reapply to obtain a compact privilege in any remote state.
(j) If a member state takes adverse action, such state shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the other member states state* of any adverse actions.
(k) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
SECTION 8—ESTABLISHMENT OF THE DIETITIAN LICENSURE
COMPACT COMMISSION
(a) The compact member states hereby create and establish a joint governmental agency whose membership consists of all member states that have enacted the compact known as the dietitian licensure compact commission. The compact commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The compact commission shall come into existence on or after the effective date of the compact as set forth in section 12.
(b) Membership, voting and meetings.
(1) Each member state shall have and be limited to one delegate selected by that member state's licensing authority.
(2) The delegate shall be the primary administrator of the licensing authority or their designee.
(3) The compact commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The compact commission may recommend removal or suspension of any delegate from office.
(5) A member state's licensing authority shall fill any vacancy of its delegate occurring on the compact commission within 60 days of the vacancy.
(6) Each delegate shall be entitled to one vote on all matters before the compact commission requiring a vote by the delegates.
(7) Delegates shall meet and vote by such means as set forth in the bylaws. The bylaws may provide for delegates to meet and vote in person or by telecommunication, video conference or other means of communication.
(8) The compact commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The compact commission may meet in person or by telecommunication, video conference or other means of communication.
(c) The compact commission shall have the following powers:
(1) Establish the fiscal year of the compact commission;
(2) establish code of conduct and conflict of interest policies;
(3) establish and amend rules and bylaws;
(4) maintain its financial records in accordance with the bylaws;
(5) meet and take such actions as are consistent with the provisions of this compact, the compact commission's rules and the bylaws;
(6) initiate and conclude legal proceedings or actions in the name of the compact commission, except that the standing of any licensing authority to sue or be sued under applicable law shall not be affected;
(7) maintain and certify records and information provided to a member state as the authenticated business records of the compact commission and designate an agent to do so on the compact commission's behalf;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the compact commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(12) assess and collect fees;
(13) accept any and all appropriate donations, grants of money, other sources of revenue, equipment, supplies, materials, services and gifts, and receive, utilize and dispose of the same except that at all times the compact commission shall avoid any actual or appearance of impropriety or conflict of interest;
(14) lease, purchase, retain, own, hold, improve or use any property, real, personal or mixed or any undivided interest therein;
(15) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(16) establish a budget and make expenditures;
(17) borrow money;
(18) appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be designated in this compact or the bylaws;
(19) provide and receive information from, and cooperate with, law enforcement agencies;
(20) establish and elect an executive committee, including a chair and a vice chair;
(21) determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and
(22) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee.
(1) The executive committee shall have the power to act on behalf of the compact commission according to the terms of this compact. The powers, duties and responsibilities of the executive committee shall include:
(A) Oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact and its rules and bylaws and other such duties as deemed necessary;
(B) recommend to the compact commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees and other fees;
(C) ensure compact administration services are appropriately provided, including by contract;
(D) prepare and recommend the budget;
(E) maintain financial records on behalf of the compact commission;
(F) monitor compact compliance of member states and provide compliance reports to the compact commission;
(G) establish additional committees as necessary;
(H) exercise the powers and duties of the compact commission during the interim between compact commission meetings, except for adopting or amending rules, adopting or amending bylaws and exercising any other powers and duties expressly reserved to the compact commission by rule or bylaw; and
(I) other duties as provided in the rules or bylaws of the compact commission.
(2) The executive committee shall be composed of nine members:
(A) The chair and vice chair of the compact commission shall be voting members of the executive committee;
(B) five voting members from the current membership of the compact commission, elected by the compact commission;
(C) one exofficio, nonvoting member from a recognized professional association representing dietitians; and
(D) one exofficio, nonvoting member from a recognized national credentialing organization for dietitians.
(3) The compact commission may remove any member of the executive committee as provided in the compact commission's bylaws.
(4) The executive committee shall meet at least annually.
(A) Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subsection (f)(2).
(B) The executive committee shall give 30 days' notice of its meetings, posted on the website of the compact commission and as determined to provide notice to persons with an interest in the business of the compact commission.
(C) The executive committee may hold a special meeting in accordance with subsection (f)(1)(B).
(e) The compact commission shall adopt and provide to the member states an annual report.
(f) Meetings of the compact commission.
(1) All meetings shall be open to the public, except that the compact commission may meet in a closed, nonpublic meeting as provided in subsection (f)(2).
(A) Public notice for all meetings of the full compact commission shall be given in the same manner as required under the rulemaking provisions in section 10, except that the compact commission may hold a special meeting as provided in subsection (f)(1)(B).
(B) The compact commission may hold a special meeting when it shall meet to conduct emergency business by giving 24 hours' notice to all member states on the compact commission's website and other means as provided in the compact commission's rules. The compact commission's legal counsel shall certify that the compact commission's need to meet qualifies as an emergency.
(2) The compact commission or the executive committee or other committees of the compact commission may convene in a closed, nonpublic meeting for the compact commission or executive committee or other committees of the compact commission to receive legal advice or to discuss:
(A) Noncompliance of a member state with its obligations under the compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees;
(C) current or threatened discipline of a licensee by the compact commission or by a member state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease, or sale of goods, services or real estate;
(F) accusing any person of a crime or formally censuring any person;
(G) trade secrets or commercial or financial information that is privileged or confidential;
(H) information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or on behalf of or for use of the compact commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;
(K) matters specifically exempted from disclosure by federal or member state law; or
(L) other matters as specified in the rules of the compact commission.
(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(4) The compact commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the compact commission or order of a court of competent jurisdiction.
(g) Financing of the compact commission.
(1) The compact commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The compact commission may accept any and all appropriate revenue sources as provided in subsection (c)(13).
(3) The compact commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a compact privilege to cover the cost of the operations and activities of the compact commission and its staff that shall, in a total amount, be sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the compact commission shall promulgate by rule.
(4) The compact commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the compact commission pledge the credit of any of the member states except by and with the authority of the member state.
(5) The compact commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the compact commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the compact commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the compact commission.
(h) Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and representatives of the compact commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties or responsibilities, except that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the compact commission shall not in any way compromise or limit the immunity granted hereunder.
(2) The compact commission shall defend any member, officer, executive director, employee and representative of the compact commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of compact commission employment, duties or responsibilities or as determined by the compact commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of compact commission employment, duties or responsibilities, except that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense and that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The compact commission shall indemnify and hold harmless any member, officer, executive director, employee and representative of the compact commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of compact commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of compact commission employment, duties or responsibilities, except that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman antitrust act of 1890, the Clayton act 15 U.S.C. §§ 12-27 or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the compact commission.
SECTION 9—DATA SYSTEMS
(a) The compact commission shall provide for the development, maintenance, operation and utilization of a coordinated data system.
(b) The compact commission shall assign each applicant for a compact privilege a unique identifier, as determined by the rules of the compact commission.
(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the compact commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege and information related thereto;
(4) nonconfidential information related to alternative program participation, the beginning and ending dates of such participation and other information related to such participation not made confidential under member state law;
(5) any denial of application for licensure and the reason for such denial;
(6) the presence of current significant investigative information; and
(7) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the compact commission.
(d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the compact commission or an agent thereof, shall constitute the authenticated business records of the compact commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state.
(e) Current significant investigative information pertaining to a licensee in any member state shall only be available to other member states.
(f) Member states shall report any adverse action against a licensee and to monitor the data system to determine whether any adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(g) Member states contributing information to the data system may designate information that shall not be shared with the public without the express permission of the contributing state.
(h) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
SECTION 10—RULEMAKING
(a) The compact commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the compact commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.
(b) The rules of the compact commission shall have the force of law in each member state, except that where the rules conflict with the laws or regulations of a member state that relate to the procedures, actions and processes a licensed dietitian is permitted to undertake in that state and the circumstances under which they may do so, as held by a court of competent jurisdiction, the rules of the compact commission shall be ineffective in that state to the extent of the conflict.
(c) The compact commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding on the day following adoption or as of the date specified in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the compact commission.
(f) Prior to adoption of a proposed rule, the compact commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.
(g) Prior to adoption of a proposed rule by the compact commission and at least 30 days in advance of the meeting at which the compact commission will hold a public hearing on the proposed rule, the compact commission shall provide a notice of proposed rulemaking:
(1) On the website of the compact commission or other publicly accessible platform;
(2) to persons who have requested notice of the compact commission's notices of proposed rulemaking; and
(3) in such other way as the compact commission may by rule specify.
(h) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing at which the compact commission will hear public comments on the proposed rule and, if different, the time, date and location of the meeting where the compact commission will consider and vote on the proposed rule;
(2) if the hearing is held via telecommunication, video conference or other means of communication, the compact commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
(3) the text of the proposed rule and the reason therefor;
(4) a request for comments on the proposed rule from any interested person; and
(5) the manner in which interested persons may submit written comments.
(i) All hearings shall be recorded. A copy of the recording and all written comments and documents received by the compact commission in response to the proposed rule shall be available to the public.
(j) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the compact commission at hearings required by this section.
(k) The compact commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The compact commission may adopt changes to the proposed rule if the changes do not enlarge the original purpose of the proposed rule.
(2) The compact commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(3) The compact commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall be not sooner than 30 days after issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the compact commission may consider and adopt an emergency rule with 24 hours' notice, with an opportunity to comment, except that the usual rulemaking procedures provided in the compact and this section shall be retroactively applied to the rule as soon as reasonably possible but not later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of compact commission or member state funds;
(3) meet a deadline for the promulgation of a rule that is established by federal law or rule; or
(4) protect public health and safety.
(m) The compact commission or an authorized committee of the compact commission may direct revision to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revision shall be posted on the website of the compact commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the compact commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the compact commission.
(n) No member state's rulemaking requirements shall apply under this compact.
SECTION 11—OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a) Oversight.
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement this compact.
(2) Except as otherwise provided in this compact, venue is proper and judicial proceedings by or against the compact commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the compact commission is located. The compact commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(3) The compact commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the compact commission service of process shall render a judgment or order void as to the compact commission, this compact or promulgated rules.
(b) Default, technical assistance and termination.
(1) If the compact commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the compact commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default and any other action that the compact commission may take and shall offer training and specific technical assistance regarding the default.
(2) The compact commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the compact commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's licensing authority and each of the member states' licensing authority.
(e) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state's membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all compact privileges granted pursuant to this compact for a minimum of six months after the date of said notice of termination.
(g) The compact commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the compact commission and the defaulting state.
(h) The defaulting state may appeal the action of the compact commission by petitioning the United States district court for the District of Columbia or the federal district where the compact commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(i) Dispute resolution.
(1) Upon request by a member state, the compact commission shall attempt to resolve disputes related to the compact that arise among member states and among member and nonmember states.
(2) The compact commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(j) Enforcement.
(1) By supermajority vote, the compact commission may initiate legal action against a member state in default in the United States district court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the compact commission. The compact commission may pursue any other remedies available under federal or the defaulting member state's law.
(2) A member state may initiate legal action against the compact commission in the United States district court for the District of Columbia or the federal district where the compact commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event that judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) No party other than a member state shall enforce this compact against the compact commission.
SECTION 12—EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
(a) The compact shall come into effect on the date that the compact statute is enacted into law in the seventh member state.
(1) On or after the effective date of the compact, the compact commission shall convene and review the enactment of each of the first seven member states, "charter member states," to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
(A) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in section 11.
(B) If any member state is later found to be in default, or is terminated or withdraws from the compact, the compact commission shall remain in existence and the compact shall remain in effect even if the number of member states should be fewer than seven.
(2) Member states enacting the compact subsequent to the seven initial charter member states shall be subject to the process set forth in section 8(c)(21) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the compact commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the compact commission coming into existence shall be considered to be actions of the compact commission unless specifically repudiated by the compact commission.
(4) Any state that joins the compact subsequent to the compact commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date that the compact becomes law in that state. Any rule that has been previously adopted by the compact commission shall have the full force and effect of law on the day the compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute repealing such compact.
(1) A member state's withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all compact privileges granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 13—CONSTRUCTION AND SEVERABILITY
(a) This compact and the compact commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the compact commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the compact commission may deny a state's participation in the compact or, in accordance with the requirements of section 11(b), terminate a member state's participation in the compact if it determines that a constitutional requirement of a member state is a material departure from the compact. If this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 14—CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS
(a) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) Any laws, statutes, rules and regulations or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All permissible agreements between the compact commission and the member states are binding in accordance with their terms.
History: L. 2025, ch. 81, § 2; July 1.
Article 60 Acquired Immune Deficiency Syndrome (Aids) and Hepatitis B; Other Infectious Disease
§ 65-6001 AIDS or HIV; definitions
As used in K.S.A. 65-6001 through 65-6010, and amendments thereto, unless the context clearly requires otherwise:
(a) "AIDS" means the disease acquired immune deficiency syndrome.
(b) "HIV" means the human immunodeficiency virus.
(c) "Laboratory confirmation of HIV infection" means positive test results from a confirmation test approved by the secretary.
(d) "Secretary" means the secretary of health and environment.
(e) "Physician" means any person licensed to practice medicine and surgery.
(f) "Laboratory director" means the person responsible for the professional, administrative, organizational and educational duties of a laboratory.
(g) "HIV infection" means the presence of HIV in the body.
(h) "Racial/ethnic group" shall be designated as either white, black, Hispanic, Asian/Pacific islander or American Indian/Alaskan Native.
(i) "Corrections officer" means an employee of the department of corrections as described in K.S.A. 75-5202(f) and (g), and amendments thereto.
(j) "Emergency services employee" means an emergency medical service provider as described in K.S.A. 65-6112, and amendments thereto, or a firefighter.
(k) "Law enforcement employee" means:
(1) Any police officer or law enforcement officer as defined under K.S.A. 74-5602, and amendments thereto;
(2) any person in the service of a city police department or county sheriff's office who performs law enforcement duties without pay and is considered a reserve officer;
(3) any person employed by a city or county who is in charge of a jail or section of jail, including jail guards and those who conduct searches of persons taken into custody; or
(4) any person employed by a city, county or the state of Kansas who works as a scientist or technician in a forensic laboratory.
(l) "Employing agency or entity" means the agency or entity employing a corrections officer, emergency services employee, law enforcement employee or jailer.
(m) "Infectious disease" means those diseases designated by the secretary through rules and regulations adopted pursuant to K.S.A. 65-128, and amendments thereto, as infectious or contagious in their nature.
(n) "Infectious disease tests" means tests approved by the secretary for detection of infectious diseases.
(o) "Juvenile correctional facility staff" means an employee of the department of corrections working in a juvenile correctional facility as defined in K.S.A. 38-2302, and amendments thereto.
History: L. 1988, ch. 232, § 1; L. 1990, ch. 234, § 1; L. 1996, ch. 215, § 1; L. 1998, ch. 187, § 12; L. 1999, ch. 109, § 1; L. 2006, ch. 169, § 119; L. 2010, ch. 119, § 17; L. 2019, ch. 64, § 16; L. 2021, ch. 112, § 1; July 1.
§ 65-6002 Reporting to secretary of health and environment information concerning AIDS or HIV infection; information reported, when; persons reporting; immunity from liability; confidentiality of information; disclosure; use of information to discriminate prohibited
(a) Whenever any physician has information indicating that a person is suffering from or has died from AIDS, such knowledge or information shall be reported immediately to the secretary, together with the name and address of the person who has AIDS. Any physician or administrator of a medical care facility or such administrator's designee who is in receipt of a report indicating laboratory confirmation of HIV infection resulting from the examination of any specimen provided to a laboratory by such physician or administrator or designee shall report all such information to the secretary. Reports shall be provided within 30 days of testing and shall include the name and address of the person tested, the type of test or tests performed, the date of performance of the test or tests, the results of the test or tests, the sex, date of birth, county of residence and racial/ethnic group of the person tested.
(b) Whenever any laboratory director has information on laboratory confirmation of HIV infection, this information shall be reported to the secretary. Reports shall be provided within 30 days of testing and shall include the type of test or tests, the results of the test or tests, dates of performance of the test or tests, the name of the physician or facility requesting the test or tests, and any identifying information about the person tested as the laboratory director has access to, such as the name and address of the person tested, the sex, date of birth, county of residence and racial/ethnic group, exposure category and pregnancy status of the person tested.
(c) Any physician, administrator of a medical care facility or such administrator's designee or laboratory director who reports the information required to be reported under subsection (a) or (b) in good faith and without malice to the secretary shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed in an action resulting from such report. Any such physician, administrator or designee or laboratory director shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.
(d) Information required to be reported under subsection (a) or (b) and information obtained through laboratory tests conducted by the department of health and environment relating to HIV or AIDS and persons suffering therefrom or infected therewith shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, beyond the disclosure necessary under subsection (a) or (b) or under subsection (a) of K.S.A. 65-6003 and amendments thereto or the usual reporting of laboratory test results to persons specifically designated by the secretary as authorized to obtain such information, except such information may be disclosed:
(1) If no person can be identified in the information to be disclosed and the disclosure is for statistical purposes;
(2) if all persons who are identifiable in the information to be disclosed consent in writing to its disclosure;
(3) if the disclosure is necessary, and only to the extent necessary, as specified by rules and regulations of the secretary, to protect the public health;
(4) if a medical emergency exists and the disclosure is to medical personnel qualified to treat AIDS or HIV infection, except that any information disclosed pursuant to this paragraph shall be disclosed only to the extent necessary to protect the health or life of a named party; or
(5) if the information to be disclosed is required in a court proceeding involving a minor and the information is disclosed in camera.
(e) Information regarding cases of AIDS or HIV infection reported in accordance with this section shall be used only as authorized under this act. Such information shall not be used in any form or manner which would lead to the discrimination against any individual or group with regard to employment, to provision of medical care or acceptance into any facilities or institutions for medical care, housing, education, transportation, or for the provision of any other goods or services.
History: L. 1988, ch. 232, § 2; L. 1990, ch. 234, § 2; L. 1997, ch. 8, § 14; L. 1999, ch. 109, § 2; L. 2001, ch. 58, § 1; July 1.
§ 65-6003 Investigation of cases of AIDS or HIV infection; rules and regulations; protection of public health; disclosure of information; confidentiality; agreements with local boards of health authorized
(a) The secretary shall investigate cases of persons who have HIV infection or AIDS and monitor such cases during their continuance. The secretary may adopt and enforce rules and regulations for the prevention and control of HIV infection or AIDS as may be necessary to protect the public health. The secretary shall adopt rules and regulations for maintaining confidentiality of information under this act which at a minimum are as strict as the centers for disease control and prevention guidelines.
(b) Any information relating to persons who have HIV infection or AIDS which is required to be disclosed or communicated under subsection (a) shall be confidential and shall not be disclosed or made public beyond the disclosure necessary under subsection (a) or under subsection (a) of K.S.A. 65-6002 and amendments thereto to persons specifically designated by the secretary as authorized to obtain such information, except as otherwise permitted by subsection (d) of K.S.A. 65-6002 and amendments thereto.
(c) The secretary may enter into agreements with any county or joint board of health to perform duties required to be performed by the secretary under subsection (a) as specified by such agreement. The confidentiality requirements of subsection (b) shall apply to any duties performed pursuant to such an agreement.
History: L. 1988, ch. 232, § 3; L. 1999, ch. 109, § 3; July 1.
§ 65-6004 Physician authorized to disclose to certain persons information about patient who has infectious disease or who has had laboratory confirmation of a positive reaction to an infectious disease test; confidentiality of information; immunity in judicial proceedings
(a) Notwithstanding any other law to the contrary, a physician performing medical or surgical procedures on a patient who the physician knows has an infectious disease or has had laboratory confirmation of a positive reaction to an infectious disease test may disclose such information to other health care providers, emergency services employees, corrections officers or law enforcement employees who have been or will be placed in contact with body fluids of such patient. The information shall be confidential and shall not be disclosed by such health care providers, emergency services employees, corrections officers or law enforcement employees except as may be necessary in providing treatment for such patient.
(b) Notwithstanding any other law to the contrary, a physician who has reason to believe that the spouse or partner of a person who has had laboratory confirmation of HIV infection or who has AIDS may have been exposed to HIV and is unaware of such exposure may inform the spouse or partner of the risk of exposure. The information shall be confidential and shall not be disclosed by such spouse or partner to other persons except to the spouse or partner who has had laboratory confirmation of HIV infection or who has AIDS.
(c) Nothing in this section shall be construed to create a duty to warn any person of possible exposure to HIV.
(d) Any physician who discloses or fails to disclose information in accordance with the provisions of this section in good faith and without malice shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed in an action resulting from such disclosure. Any such physician shall have the same immunity with respect to participation in any judicial proceeding resulting from such disclosure.
History: L. 1988, ch. 232, § 4; L. 1990, ch. 234, § 3; L. 1993, ch. 221, § 1; L. 1996, ch. 215, § 2; L. 1999, ch. 109, § 4; July 1.
§ 65-6005 Unlawful acts; penalties
Except as otherwise provided in this section, any person violating, refusing or neglecting to obey any provision of K.S.A. 65-6001 through 65-6004, and amendments thereto, or of the rules and regulations adopted by the secretary for the prevention and control of HIV infection or AIDS shall be guilty of a class C misdemeanor. Any person who discloses information which is made confidential and prohibited from disclosure under K.S.A. 65-6002 through 65-6004, and amendments thereto, shall be guilty of a misdemeanor punishable by a fine of not less than $500 nor more than $1,000 and by imprisonment in the county jail for not more than six months.
History: L. 1988, ch. 232, § 5; L. 1999, ch. 109, § 5; July 1.
§ 65-6006 Educational material explaining AIDS; distribution to district courts; copies provided to parties applying for marriage license
The secretary shall prepare for distribution to the district courts of the state educational material explaining the nature, causes and effects of AIDS and other information relating to AIDS as may be appropriate. The clerks of the district courts or judges thereof, when applied to for a marriage license, shall provide copies of such educational material to the parties to the proposed marriage.
History: L. 1988, ch. 232, § 6; July 1.
§ 65-6007 Establishment and maintenance of sites for testing for HIV
The secretary shall establish and maintain test sites throughout the state where testing for HIV may be undertaken including anonymous testing. The secretary shall establish test sites throughout the state so that an anonymous test site is available within 100 miles of any resident of the state.
History: L. 1988, ch. 232, § 7; L. 1999, ch. 109, § 6; July 1.
§ 65-6008 Infectious disease testing; orders requiring certain persons in contact with body fluids to submit thereto; applications to court, hearing; disclosure of test results
(a) If a corrections officer, emergency services employee, law enforcement employee or juvenile correctional facility staff comes in contact with or otherwise is exposed to transmission of body fluids from one or more other persons while performing duties within the scope of such employee's duties as an employee, the head of the employing agency or entity, or the agency or entity head's designee, may make application to a court of competent jurisdiction for an order requiring such other person or persons to submit to infectious disease tests.
(b) Such application shall include an allegation that the person or persons sought to be tested have been requested to submit voluntarily to infectious disease tests and have refused the tests. When any such application is received, the court shall promptly hold a hearing and shall issue its order thereon immediately if the court finds that:
(1) There is probable cause to believe that the employee involved has come in contact with or otherwise has been exposed to transmission of the body fluids of the person or persons sought to be tested; and
(2) the person or persons sought to be tested have been requested to submit to the tests and have refused, unless the court makes a further finding that exigent circumstances exist which, in the court's judgment, would excuse the applicant from making such a request.
(c) If an infectious disease test ordered pursuant to this section results in a negative reaction, the court shall order the person tested to submit to another infectious disease test six months from the date the first test was administered.
(d) The results of any infectious disease test ordered pursuant to this section shall be disclosed to the court that ordered the test, the employee and the person tested. If an infectious disease test ordered pursuant to this section results in a positive reaction, the results shall be reported to the employee.
History: L. 1996, ch. 215, § 3; L. 1998, ch. 187, § 13; L. 2023, ch. 37, § 1; July 1.
§ 65-6009 Infectious disease testing; persons arrested or convicted; disclosure of test results; costs of counseling and testing
(a) (1) At the time of an appearance before a magistrate under K.S.A. 22-2901, and amendments thereto, the magistrate shall inform any person arrested and charged with a crime in which it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved of the availability of infectious disease tests and shall cause the alleged victim of such a crime, if any, to be notified that infectious disease tests and counseling are available.
(2) The court shall order a person arrested and charged to submit to infectious disease tests if:
(A) The victim of the crime or the county or district attorney requests the court to order such tests of the alleged offender; or
(B) such person stated they had an infectious disease or were infected with an infectious disease, or used words of like effect, to the law enforcement officer making such arrest.
(3) Testing for infectious disease shall occur not later than 48 hours after the alleged offender appears before a magistrate under K.S.A. 22-2901, and amendments thereto. The results of any test obtained under this section shall be inadmissible in any criminal or civil proceeding. The court shall also order the arrested person to submit to follow-up tests for infectious diseases as may be medically appropriate.
(b) Upon conviction of a person for any crime that the court determines from the facts of the case involved or was likely to have involved the transmission of body fluids from one person to another, the court: (1) May order the convicted person to submit to infectious disease tests; or (2) shall order the convicted person to submit to infectious disease tests if the victim of the crime or the parent or legal guardian of the victim, if the victim is a minor, requests the court to issue such order. If infectious disease tests are ordered under this subsection, the victim of the crime, if any, who is not a minor, shall designate a healthcare provider or counselor to receive such information on behalf of the victim. If the victim is a minor, the parent or legal guardian of the victim shall designate the healthcare provider or counselor to receive such information.
(c) The results of any infectious disease test ordered under subsection (a) shall be disclosed to the law enforcement officer making such arrest, the arrested person, the victim, the parent or legal guardian of the victim and such other persons as the court determines have a legitimate need to know the test result in order to provide for their protection. The results of any infectious disease test ordered under subsection (b) shall be disclosed to the court which ordered the test, the convicted person and to the person designated under subsection (b) by the victim or victims of the crime or by the parent or legal guardian of a victim if the victim is a minor. If an infectious disease test ordered under this section results in a positive reaction, the results shall be reported to the secretary of health and environment and to the secretary of corrections.
(d) The costs of any counseling and testing provided under this section shall be paid from amounts appropriated to the department of health and environment for that purpose. The court shall order the convicted person to pay restitution to the department of health and environment for the costs of any counseling provided under this section and the costs of any test ordered or otherwise performed under this section.
History: L. 1996, ch. 215, § 4; L. 2001, ch. 102, § 5; L. 2017, ch. 66, § 13; L. 2021, ch. 112, § 2; July 1.
§ 65-6010 Same; withdrawal of blood; confidentiality of information; penalty
(a) When a court orders a person to submit to infectious disease tests under this act, the withdrawal of the blood may be performed only by: (1) A person licensed to practice medicine and surgery or a person acting under the supervision of any such licensed person; (2) a licensed professional nurse or a licensed practical nurse; or (3) a qualified medical technician. No person authorized by this subsection to withdraw blood, no person assisting in the performance of the infectious disease tests nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices.
(b) The results of tests or reports, or information therein, obtained under this act shall be confidential and shall not be divulged to any person not authorized by this act to receive the same. Any violation of this subsection is a class C nonperson misdemeanor.
History: L. 1996, ch. 215, § 5; July 1.
§ 65-6011 Report to legislature
On or before January 8, 2001, and annually thereafter, the secretary of health and environment shall report to the legislature concerning the impact of the changes made to K.S.A. 65-6001 through 65-6007, and amendments thereto.
History: L. 1999, ch. 109, § 7; L. 2001, ch. 58, § 2; July 1.
§§ 65-6012 through 65-6014 Reserved
§ 65-6015 Definitions
As used in K.S.A. 65-6015 through 65-6017, and amendments thereto:
(a) "Body fluid" means blood, amniotic fluid, pericardial fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen or vaginal secretions, or any body fluid visibly contaminated with blood.
(b) "Corrections employee" means an employee of the juvenile justice authority or the department of corrections or an employee of a contractor who is under contract to provide services in a correctional institution.
(c) "Offender" means a person in the legal custody of the commissioner of juvenile justice or the secretary of corrections.
(d) "Physician" means any person licensed to practice medicine and surgery.
(e) "Infectious disease" means any disease communicable from one person to another through contact with bodily fluids.
History: L. 1993, ch. 221, § 2; L. 2001, ch. 102, § 1; L. 2005, ch. 40, § 1; July 1.
§ 65-6016 Physician authorized to disclose infectious diseases to certain corrections employees; confidentiality; immunity in judicial proceedings
(a) Notwithstanding any other law to the contrary, a physician performing medical or surgical procedures on a patient who the physician knows has an infectious disease or has had a positive reaction to an infectious disease test may disclose such information to corrections employees who have been or will be placed in contact with body fluid of such patient. The information shall be confidential and shall not be disclosed by corrections employees except as may be necessary in providing treatment for such patient. Any other disclosure of such information by a corrections employee is a class C misdemeanor.
(b) Nothing in this section shall be construed to create a duty to warn any person of possible exposure to an infectious disease.
(c) Any physician who discloses information in accordance with the provisions of this section in good faith and without malice shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed in an action resulting from such disclosure. Any such physician shall have the same immunity with respect to participation in any judicial proceeding resulting from such disclosure.
History: L. 1993, ch. 221, § 3; L. 2001, ch. 102, § 2; July 1.
§ 65-6017 Court ordered testing of certain offenders in custody of secretary of corrections or commissioner of juvenile justice authority
(a) If a corrections employee has been placed in contact with body fluid from one or more offenders while performing duties within the scope of such employee's duties as a corrections employee, the secretary of corrections or the secretary's designee or the commissioner of the juvenile justice authority or the commissioner's designee upon consultation with a medical care provider may make application to the district court of the county where the offender or offenders are in custody for an order requiring such offender or offenders to submit to tests for infectious diseases. Such application shall include an allegation that the offender or offenders sought to be tested have been requested to voluntarily submit to tests for a specific infectious disease or diseases and have refused the tests and that the corrections employee has agreed to voluntarily testing for the same infectious disease, including appropriate follow-up testing. When any such application is received, the court shall hold a hearing forthwith and shall issue its order thereon immediately if the court finds that: (1) There is probable cause to believe that the employee involved has been placed in contact with body fluid of the offender or offenders sought to be tested; and (2) the offender or offenders sought to be tested have been requested to submit to the tests and have refused, unless the court makes a further finding that exigent circumstances exist that would, in the court's judgment, excuse the applicant from making such a request. Expenses of the testing shall be assessed as a cost of the proceeding.
(b) If a test for an infectious disease ordered pursuant to this section results in a negative reaction, the court, upon proper application, shall order the offender tested to submit to another test six months after the date the first test was administered.
(c) If a test is ordered pursuant to this section, the corrections employee shall designate a health care provider or counselor to receive the test results on behalf of the corrections employee. The results of the test shall be disclosed to the court that ordered the test, the person tested and the health care provider or counselor designated by the corrections employee. The results shall also be disclosed to the secretary of corrections or the commissioner of the juvenile justice authority for inclusion in the offender's medical records. Test results of the corrections employee shall not be disclosed except as specifically authorized in writing by the employee.
(d) When a court orders an offender to submit to tests under this section which require withdrawal of blood, the withdrawal of the blood may be performed only by: (1) A physician or a person acting under the supervision of a physician; (2) a licensed professional nurse or a licensed practical nurse; or (3) a qualified medical technician. No person authorized by this subsection to withdraw blood, no person assisting in the performance of the tests nor any medical care facility where blood is withdrawn or tested that has been ordered by the court to withdraw or test blood shall be liable in any civil or criminal action when the act is performed in a reasonable manner according to generally accepted medical practices.
(e) The results of tests or reports, or information therein, obtained under this section shall be confidential and shall not be divulged to any person not authorized by law to receive such results, reports or information. Any violation of this subsection is a class C misdemeanor.
History: L. 1993, ch. 221, § 4; L. 2001, ch. 102, § 3; L. 2005, ch. 40, § 2; July 1.
§ 65-6018 HIV screening for pregnant women and newborn children; rules and regulations
(a) A physician or other health care professional who is otherwise authorized by law to provide medical treatment to a pregnant woman shall take or cause to be taken, during the first trimester of pregnancy, a routine opt-out screening for HIV infection. When the physician or other health care professional determines certain pregnant women to be at high risk for acquiring HIV infection, such women shall be administered a repeat screening during the third trimester or at the time of labor and delivery. When a pregnant woman's HIV status is unknown for any reason at the time of labor and delivery, such woman shall be screened for HIV infection as soon as possible within medical standards. When an HIV rapid test kit is used for screening, a confirmatory sample shall be submitted for serological testing which meets the standards recognized by the United States public health service for the detection of HIV to a laboratory approved by the secretary of health and environment for such serological tests. A pregnant woman shall have the right to refuse screening under this subsection at any time. Before any screening is performed under this subsection, the pregnant woman shall be informed in writing of the provisions of this subsection and the purposes and benefits of the screening, and the pregnant woman shall sign a form provided by the department of health and environment to authorize or opt-out of the screening. The form shall contain the following wording: "I test all of my pregnant patients for HIV as part of the panel of routine tests to alert me to any conditions that can have a very serious effect on your pregnancy and your baby. You will be tested for HIV unless you tell me not to."
(b) When the mother's HIV status is unknown because of refusal to take such screening during the pregnancy or any other reasons, such mother's newborn child shall be screened with an HIV test as soon as possible within medical standards to determine if prophylaxis is needed. A mother's or a guardian's consent is not required to screen such newborn child, except that this subsection shall not apply to any newborn child whose parents object to the test as being in conflict with their religious tenets and practices. Documentation of a mother's HIV status shall be recorded in both the mother's and newborn's medical records. The mother of the child shall be informed in writing of the provisions of this subsection and of the purposes and benefits of the screening and shall sign a form stating that the mother has received the information.
(c) The secretary of health and environment is hereby authorized to adopt rules and regulations, within six months from the effective date of this section, establishing guidelines for routine HIV infection screening for pregnant women and each newborn child where the HIV status of the mother is unknown at the time of birth. These rules and regulations shall be based on the recommendations and best practices established by the United States centers for disease control and prevention and public health service task force recommendations for use of antiretroviral drugs in pregnant HIV infected women for maternal health and interventions to reduce perinatal HIV transmission in the United States.
(d) As used in this section, physician, HIV and HIV infection have the meanings defined in K.S.A. 65-6001, and amendment thereto.
(e) This section shall be effective on and after July 1, 2010.
History: L. 2010, ch. 118, § 1; April 29.
Article 61 Emergency Medical Services
§ 65-6101 Bureau of emergency medical services, position of director and emergency medical services council abolished; powers, duties and functions transferred
(a) The bureau of emergency medical services established pursuant to K.S.A. 74-2127, and amendments thereto, is hereby abolished and all of the powers, duties and functions of such bureau are transferred to and conferred and imposed upon the emergency medical services board established pursuant to K.S.A. 65-6102. Except as provided by this act, all powers, duties and functions of the university of Kansas relating to emergency medical services are transferred to and conferred and imposed upon the emergency medical services board established pursuant to K.S.A. 65-6102.
(b) The position of the director of the bureau of emergency medical services appointed pursuant to K.S.A. 74-2127, and amendments thereto, is hereby abolished and all of the powers, duties and functions of the director of emergency medical services are transferred to and conferred and imposed upon the emergency medical services board or the administrator thereof as provided by this act. The director shall continue to carry out the duties of that position until an administrator is appointed and qualified pursuant to this act.
(c) The emergency medical services council established under K.S.A. 65-4316, and amendments thereto, is hereby abolished and all of the powers, duties and functions of the council are transferred to and conferred and imposed upon the emergency medical services board.
History: L. 1988, ch. 261, § 1; April 14.
§ 65-6102 Emergency medical services board established; members, appointment; removal from or forfeiture of position; terms; meetings; compensation and expenses; approval of vouchers; temporary chairperson
(a) There is hereby established the emergency medical services board. The office of the emergency medical services board shall be located in the city of Topeka, Kansas.
(b) The emergency medical services board shall be composed of 15 members to be appointed as follows:
(1) Eleven members shall be appointed by the governor. Of such members:
(A) Three shall be physicians who are actively involved in emergency medical services;
(B) two shall be county commissioners of counties making a levy for ambulance service, at least one of whom shall be from a county having a population of fewer than 15,000;
(C) one shall be actively involved in teaching initial courses of instruction for certification as an emergency medical service provider;
(D) one shall be a hospital administrator actively involved in emergency medical services;
(E) one shall be a member of a firefighting unit that provides emergency medical service; and
(F) three shall be emergency medical service providers who are actively involved in emergency medical service. At least two classifications of emergency medical service providers shall be represented. At least one of such members shall be from a volunteer emergency medical service; and
(2) four members shall be appointed as follows:
(A) One shall be a member of the Kansas senate to be appointed by the president of the senate;
(B) one shall be a member of the Kansas senate to be appointed by the minority leader of the senate;
(C) one shall be a member of the Kansas house of representatives to be appointed by the speaker of the house of representatives; and
(D) one shall be a member of the Kansas house of representatives to be appointed by the minority leader of the house of representatives.
(c) All members of the board shall be residents of the state of Kansas. Appointments to the board shall be made with due consideration that representation of the various geographical areas of the state is ensured. The governor may remove any member of the board upon recommendation of the board. Any person appointed to a position on the board shall forfeit such position upon vacating the office or position that qualified such person to be appointed as a member of the board.
(d) Members shall be appointed for terms of four years and until their successors are appointed and qualified. In the case of a vacancy in the membership of the board, the vacancy shall be filled for the unexpired term.
(e) The board shall meet at least four times annually and at least once each quarter and at the call of the chairperson or at the request of the executive director of the emergency medical services board or of any seven members of the board. At the first meeting of the board after January 1 each year, the members shall elect a chairperson and a vice chairperson who shall serve for a term of one year. The vice chairperson shall exercise all of the powers of the chairperson in the absence of the chairperson. If a vacancy occurs in the office of the chairperson or vice chairperson, the board shall fill such vacancy by election of one of its members to serve the unexpired term of such office. Members of the board attending meetings of the board or attending a subcommittee meeting thereof authorized by the board shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.
(f) Except as otherwise provided by law, all vouchers for expenditures and all payrolls of the emergency medical services board shall be approved by the emergency medical services board or a person designated by the board.
History: L. 1988, ch. 261, § 2; L. 1989, ch. 204, § 1; L. 1998, ch. 133, § 1; L. 2011, ch. 114, § 80; L. 2016, ch. 35, § 1; L. 2019, ch. 64, § 18; L. 2023, ch. 58, § 3; July 1.
§ 65-6103 Administrator of the emergency medical services board; duties and responsibilities; appointment of officers and employees
The chief administrative officer of the emergency medical services board shall be the administrator of the emergency medical services board. The emergency medical services board shall appoint the administrator. The administrator shall be in the unclassified service under the Kansas civil service act and shall serve at the pleasure of the board. The administrator shall administer the duties and responsibilities of the emergency medical services board as directed by the board. The administrator shall appoint other officers and employees as may be necessary to carry out the functions of the emergency medical services board. All such officers and employees shall be within the classified service under the Kansas civil service act.
History: L. 1988, ch. 261, § 3; April 14.
§ 65-6104 Emergency medical services board and administrator successor to certain powers, duties and functions; orders and directives, rules and regulations continued
(a) Except as provided in this act, the emergency medical services board established by K.S.A. 65-6102 shall be the successor in every way to the powers, duties and functions of the bureau of emergency medical services established by K.S.A. 74-2127, and amendments thereto, in which the same were vested prior to the effective date of this act.
(b) Except as provided in this act, the administrator of the emergency medical services board appointed pursuant to K.S.A. 65-6103 shall be the successor in every way to the powers, duties and functions of the director of the bureau of emergency medical services established by K.S.A. 74-2127, and amendments thereto, in which the same were vested prior to the effective date of this act.
(c) Whenever the bureau of emergency medical services or emergency medical services council or words of like effect are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the emergency medical services board established by K.S.A. 65-6102. Whenever the director of the bureau of emergency medical services or words of like effect are referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the emergency medical services board.
(d) All orders and directives of the emergency medical services council which relate to emergency medical services and which were adopted under K.S.A. 65-4314 to 65-4331, inclusive, and amendments thereto, in existence immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the orders or directives of the emergency medical services board, until revised, amended, repealed or nullified pursuant to law.
All rules and regulations of the emergency medical services council which relate to emergency medical services and which were adopted under K.S.A. 65-4314 to 65-4331, inclusive, and amendments thereto, in existence immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the rules and regulations of the emergency medical services board, until revised, amended, repealed or nullified pursuant to law.
History: L. 1988, ch. 261, § 4; April 14.
§ 65-6105 Emergency medical services board successor to certain powers, duties and functions of university of Kansas school of medicine; disposition of records and fee moneys; conflict resolved by governor
(a) Except as provided by this act, the emergency medical services board established by K.S.A. 65-6102 shall be the successor to the powers, duties and functions of the University of Kansas school of medicine relating to (1) approval of emergency medical services training and (2) emergency medical training program approvals in which the same were vested prior to the effective date of this act.
(b) The emergency medical services board shall succeed to all records which were used for or pertain to the performance of the powers, duties and functions transferred to the board pursuant to subsection (a). Any conflict as to the proper disposition of records arising under this section shall be resolved by the governor, whose decision shall be final.
(c) The board shall succeed to the unexpended balance of any fee fund money relating to the powers, duties and functions transferred to the board pursuant to subsection (a). Any conflict as to the proper disposition of such money shall be resolved by the governor, whose decision shall be final.
History: L. 1988, ch. 261, § 5; April 14.
§ 65-6106 Certain officers and employees transferred; civil service and retirement benefits preserved
Officers and employees who were engaged immediately prior to the effective date of this act in the performance of powers, duties and functions, which are transferred pursuant to the provisions of this act, and who, in the opinion of the emergency medical services board, are necessary to perform the powers, duties and functions of the board shall become officers and employees of the board. Any such officer or employee shall retain all retirement benefits, including the right to retain active participation in the retirement system which the officer or employee belonged to on the effective date of this act, and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolishment of personnel in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History: L. 1988, ch. 261, § 6; April 14.
§ 65-6107 Conflict as to disposition of power, duty or function resolved by governor
Whenever any conflict arises as to the disposition of any power, duty or function as a result of any abolishment or transfer made by this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History: L. 1988, ch. 261, § 7; April 14.
§ 65-6108 Disposition of property and records and appropriations; conflict resolved by governor
The emergency medical services board shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the board pursuant to K.S.A. 65-6101. The unexpended balances of any appropriations for the bureau of emergency medical services, abolished by this act, shall be transferred to the emergency medical services board to be used by the board to carry out the powers, duties and functions transferred by this act. Any conflict as to the proper disposition of property or records or the unexpended balance of any appropriation arising under this section shall be determined by the governor, and the decision of the governor shall be final.
History: L. 1988, ch. 261, § 8; April 14.
§ 65-6109 Rights saved in legal actions and proceedings
No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the bureau of emergency medical services abolished by this act, or by or against any officer or employee of such bureau in the official capacity of such officer or employee or in relation to the discharge of official duties of such officer or employee, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of such state agency or any officer or employee affected.
History: L. 1988, ch. 261, § 9; April 14.
§ 65-6110 Rules and regulations
(a) The board shall adopt any rules and regulations necessary for the regulation of ambulance services. Such rules and regulations shall include: (1) A classification of the different types of ambulance services; (2) requirements as to equipment necessary for ambulances; (3) qualifications and training of emergency medical service providers and instructor-coordinators; (4) requirements and fees for the licensure, temporary licensure and renewal of licensure for ambulances; (5) records and equipment to be maintained by operators, instructor-coordinators, sponsoring organizations and emergency medical service providers; (6) requirements for a quality assurance and improvement program for ambulance services; and (7) such other matters as the board deems necessary to implement and administer the provisions of this act.
(b) Nothing in this act or in the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall authorize the board to specify the individuals who may or may not ride on a helicopter while used as an ambulance.
History: L. 1988, ch. 261, § 10; L. 1990, ch. 235, § 1; L. 1993, ch. 71, § 1; L. 1998, ch. 133, § 2; L. 2011, ch. 114, § 81; L. 2019, ch. 64, § 19; June 6.
§ 65-6111 Powers and duties of emergency medical services board; rules and regulations; temporary and permanent variances; imposition of fines; issuance of subpoenas; reporting requirements
(a) The emergency medical services board shall:
(1) Adopt any rules and regulations necessary to carry out the provisions of this act;
(2) review and approve the allocation and expenditure of moneys appropriated for emergency medical services;
(3) conduct hearings for all regulatory matters concerning ambulance services, emergency medical service providers, instructor-coordinators, training officers and sponsoring organizations;
(4) submit a budget to the legislature for the operation of the board;
(5) develop a state plan for the delivery of emergency medical services;
(6) enter into contracts as may be necessary to carry out the duties and functions of the board under this act;
(7) review and approve all requests for state and federal funding involving emergency medical services projects in the state or delegate such duties to the executive director;
(8) approve all training programs for emergency medical service providers and instructor-coordinators and prescribe certification application fees by rules and regulations;
(9) approve methods of examination for certification of emergency medical service providers and instructor-coordinators and prescribe examination fees by rules and regulations;
(10) appoint a medical advisory council of not less than six members, including one board member who shall be a physician and not less than five other physicians who are active and knowledgeable in the field of emergency medical services who are not members of the board to advise and assist the board in medical standards and practices as determined by the board. The medical advisory council shall elect a chairperson from among its membership and shall meet upon the call of the chairperson; and
(11) approve sponsoring organizations by prescribing standards and requirements by rules and regulations and withdraw or modify such approval in accordance with the Kansas administrative procedure act and the rules and regulations of the board.
(b) (1) Except as otherwise provided, the emergency medical services board may grant a temporary variance from an identified rule or regulation when a literal application or enforcement of the rule or regulation would result in serious hardship and the relief granted would not result in any unreasonable risk to the public interest, safety or welfare.
(2) Any variance granted pursuant to paragraph (1) may be granted as a permanent variance if the variance is from an identified rule or regulation adopted to implement, enforce or otherwise regulate the provisions of K.S.A. 65-6135, and amendments thereto.
(c) (1) In addition to or in lieu of any other administrative, civil or criminal remedy provided by law, the board, in accordance with the Kansas administrative procedure act, upon the finding of a violation of a provision of this act or the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or rules and regulations adopted pursuant to such provisions may impose a fine on:
(A) Any person granted a certificate by the board in an amount not to exceed $500 for each violation; or
(B) an ambulance service that holds a permit to operate in this state or on a sponsoring organization in an amount not to exceed $2,500 for each violation.
(2) 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.
(d) (1) In connection with any investigation by the board, the board or its duly authorized agents or employees shall at all reasonable times have access to, for the purpose of examination and the right to copy any document, report, record or other physical evidence of any person being investigated, or any document, report, record or other evidence maintained by and in possession of any clinic, laboratory, pharmacy, medical care facility or other public or private agency, if such document, report, record or evidence relates to professional competence, unprofessional conduct or the mental or physical ability of the person to perform activities the person is authorized to perform.
(2) For the purpose of all investigations and proceedings conducted by the board:
(A) The board may issue subpoenas compelling the attendance and testimony of witnesses or the production for examination or copying of documents or any other physical evidence if such evidence relates to professional competence, unprofessional conduct or the mental or physical ability of a person being investigated to perform activities the person is authorized to perform. Within five days after the service of the subpoena on any person requiring the production of any evidence in the person's possession or under the person's control, such person may petition the board to revoke, limit or modify the subpoena. The board shall revoke, limit or modify such subpoena if in its opinion the evidence required does not relate to practices that may be grounds for disciplinary action, is not relevant to the charge that is the subject matter of the proceeding or investigation or does not describe with sufficient particularity the physical evidence that is required to be produced. Any member of the board, or any agent designated by the board, may administer oaths or affirmations, examine witnesses and receive such evidence.
(B) Any person appearing before the board shall have the right to be represented by counsel.
(C) The district court, upon application by the board or by the person subpoenaed, shall have jurisdiction to issue an order:
(i) Requiring such person to appear before the board or the board's duly authorized agent to produce evidence relating to the matter under investigation; or
(ii) revoking, limiting or modifying the subpoena if in the court's opinion the evidence demanded does not relate to practices that may be grounds for disciplinary action, is not relevant to the charge that is the subject matter of the hearing or investigation or does not describe with sufficient particularity the evidence that is required to be produced.
(3) Disclosure or use of any such information received by the board or of any record containing such information, for any purpose other than that provided by this subsection is a class A misdemeanor and shall constitute grounds for removal from office, termination of employment or denial, revocation or suspension of any certificate or permit issued under article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. Nothing in this subsection shall be construed to make unlawful the disclosure of any such information by the board in a hearing held pursuant to this act.
(4) Patient records, including clinical records, medical reports, laboratory statements and reports, files, films, other reports or oral statements relating to diagnostic findings or treatment of patients, information from which a patient or a patient's family might be identified, peer review or risk management records or information received and records kept by the board as a result of the investigation procedure outlined in this subsection shall be confidential and shall not be disclosed.
(5) Nothing in this subsection or any other provision of law making communications between a physician and the physician's patient a privileged communication shall apply to investigations or proceedings conducted pursuant to this subsection. The board and its employees, agents and representatives shall keep in confidence the names of any patients whose records are reviewed during the course of investigations and proceedings pursuant to this subsection.
(e) The emergency medical services board shall prepare an annual report on or before January 15 of each year on the number, amount and reasons for the fines imposed by the board and the number of and reasons for subpoenas issued by the board during the previous calendar year. The report shall be provided to the senate committee on federal and state affairs and the house committee on federal and state affairs.
History: L. 1988, ch. 261, § 11; L. 1993, ch. 71, § 2; L. 1998, ch. 133, § 3; L. 2008, ch. 47, § 1; L. 2010, ch. 119, § 1; L. 2016, ch. 79, § 1; L. 2017, ch. 100, § 5; L. 2019, ch. 64, § 20; L. 2024, ch. 72, § 13; July 1.
§ 65-6111a Repealed
History: L. 1988, ch. 261, § 11; L. 1993, ch. 71, § 2; L. 1998, ch. 133, § 3; L. 2008, ch. 47, § 1; L. 2010, ch. 119, § 1; L. 2016, ch. 35, § 2; Repealed, L. 2017, ch. 100, § 13; July 1.
§ 65-6112 Definitions
As used in article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto:
(a) "Administrator" means the executive director of the emergency medical services board.
(b) "Advanced emergency medical technician" means a person who holds an advanced emergency medical technician certificate issued pursuant to this act.
(c) "Advanced practice registered nurse" means an advanced practice registered nurse issued a license pursuant to K.S.A. 65-1130, and amendments thereto, who has authority to prescribe drugs as provided by K.S.A. 65-1130, and amendments thereto.
(d) "Ambulance" means any privately or publicly owned motor vehicle, airplane or helicopter designed, constructed, prepared, staffed and equipped for use in transporting and providing emergency care for individuals who are ill or injured.
(e) "Ambulance service" means any organization operated for the purpose of transporting sick or injured persons to or from a place where medical care is furnished, whether or not such persons may be in need of emergency or medical care in transit.
(f) "Board" means the emergency medical services board established pursuant to K.S.A. 65-6102, and amendments thereto.
(g) "Emergency medical service" means the effective and coordinated delivery of such care as may be required by an emergency that includes the care and transportation of individuals by ambulance services and the performance of authorized emergency care by a physician, advanced practice registered nurse, professional nurse, physician assistant or emergency medical service provider.
(h) "Emergency medical service provider" means an emergency medical responder, advanced emergency medical technician, emergency medical technician or paramedic certified by the emergency medical services board.
(i) "Emergency medical responder" means a person who holds an emergency medical responder certificate issued pursuant to this act.
(j) "Emergency medical technician" means a person who holds an emergency medical technician certificate issued pursuant to this act.
(k) "Hospital" means a hospital as defined by K.S.A. 65-425, and amendments thereto.
(l) "Medical director" means a physician.
(m) "Medical oversight" means to review, approve and implement medical protocols and to approve and monitor the activities, competency and education of emergency medical service providers.
(n) "Medical protocols" means written guidelines that authorize emergency medical service providers to perform certain medical procedures prior to contacting a physician, physician assistant authorized by a physician, advanced practice registered nurse or professional nurse authorized by a physician.
(o) "Municipality" means any city, county, township, fire district or ambulance service district.
(p) "Nonemergency transportation" means the care and transport of a sick or injured person under a foreseen combination of circumstances calling for continuing care of such person. As used in this subsection, "transportation" includes performance of the authorized level of services of the emergency medical service provider whether within or outside the vehicle as part of such transportation services.
(q) "Operator" means a person or municipality that has a permit to operate an ambulance service in the state of Kansas.
(r) "Paramedic" means a person who holds a paramedic certificate issued pursuant to this act.
(s) "Person" means an individual, a partnership, an association, a joint-stock company or a corporation.
(t) "Physician" means a person licensed by the state board of healing arts to practice medicine and surgery.
(u) "Physician assistant" means a physician assistant as defined in K.S.A. 65-28a02, and amendments thereto.
(v) "Professional nurse" means a professional nurse as defined by K.S.A. 65-1113, and amendments thereto.
(w) "Public place" means any areas open to the public or used by the general public including, but not limited to, banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, healthcare institutions or any other place where healthcare services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities. A private residence shall not be considered a "public place" unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.
(x) "Qualified healthcare provider" means a physician, a physician assistant when authorized by a physician, an advanced practice registered nurse or a professional nurse when authorized by a physician.
(y) "Sponsoring organization" means any professional association, accredited postsecondary educational institution, ambulance service that holds a permit to operate in this state, fire department, other officially organized public safety agency, hospital, corporation, governmental entity or emergency medical services regional council, as approved by the executive director, to offer initial courses of instruction or continuing education programs.
History: L. 1988, ch. 261, § 12; L. 1990, ch. 235, § 2; L. 1991, ch. 203, § 1; L. 1993, ch. 71, § 3; L. 1994, ch. 154, § 1; L. 1998, ch. 133, § 4; L. 2000, ch. 162, § 23; L. 2001, ch. 31, § 4; L. 2008, ch. 78, § 1; L. 2010, ch. 119, § 2; L. 2011, ch. 114, § 82; L. 2011, ch. 114, § 59; L. 2014, ch. 131, § 51; L. 2016, ch. 35, § 3; L. 2019, ch. 64, § 21; L. 2021, ch. 106, § 15; L. 2023, ch. 58, § 4; L. 2025, ch. 85, § 3; July 1.
§ 65-6113 Establishment, operation and maintenance of emergency medical service; tax levies; protest petition, election; reimbursement of certain taxing districts by counties
(a) The governing body of any municipality may establish, operate and maintain an emergency medical service or ambulance service as provided in this act as a municipal function and may contract with any person, other municipality or board of a county hospital for the purpose of furnishing emergency medical services or ambulance services within or without the boundaries of the municipality upon such terms and conditions and for such compensation as may be agreed upon which shall be payable from the general fund of such municipality or from a special fund for which a tax is levied under the provisions of this act.
(b) The governing body of the municipality may make an annual tax levy of not to exceed three mills upon all of the taxable tangible property within such municipality for the establishment, operation and maintenance of an emergency medical service or ambulance service under this act and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto.
(c) No tax shall be levied under the provisions of subsection (b) until the governing body of the municipality adopts an ordinance or resolution authorizing the levy of such tax. Such ordinance or resolution shall be published once each week for three consecutive weeks in the official newspaper of the municipality. If within 60 days following the last publication of such ordinance or resolution, a petition in opposition to the levy of such tax, signed by a number of the qualified electors of such municipality equal to not less than 5% of the electors of such municipality who voted for the office of secretary of state at the last general election, is filed with the county election officer of the county in which such municipality is located, the question of whether the levy shall be made shall be submitted to the electors of the municipality at the next primary or general election within such municipality, or if such primary or general election does not take place within 60 days after the date the petition was filed, the question may be submitted at a special election called and held therefor. If no petition has been filed and the time prescribed for filing the petition expires prior to August 1 in any year, or if the petition was filed and a majority of the electors voting on the question of levying the tax vote in favor thereof at an election held prior to August 1 in any year, the governing body of the municipality may levy in that year and in each succeeding year in the amount specified in the ordinance or resolution, but not exceeding three mills. If no petition has been filed and the time prescribed for filing the petition expires after September 30 in any year, or if the petition was filed and a majority of the electors voting on the question of levying the tax vote in favor thereof at an election held after September 30 in any year, the governing body of the municipality may levy in the next succeeding year and in each succeeding year thereafter the amount specified in the ordinance or resolution, but not exceeding three mills.
(d) In the case of a county, the board of county commissioners shall not provide ambulance service under the provisions of this act in any part of the county which receives ambulance service, but the county shall reimburse any taxing district which on the effective date of this act provides ambulance services to such district with its proportionate share of the county general fund or special tax levy fund budgeted for ambulance services within the county. Such reimbursement shall be based on the amount that the assessed tangible taxable valuation of the taxing district bears to the total taxable tangible valuation of the county, but in no event shall such taxing district receive from the county more than the district's cost of furnishing such ambulance services. Any taxing district establishing ambulance service in any part of a county under the provisions of this act on or after the effective date of this act shall not be entitled to receive reimbursement pursuant to this subsection until a final order of the emergency medical services board ordering such reimbursement is issued following the furnishing of notice and an opportunity for a hearing to the interested parties. No order for reimbursement shall be issued unless the emergency medical service board finds that such establishment shall enhance or improve ambulance service provided to the residents of such taxing district as determined in accordance with criteria established by rules and regulations adopted by the board.
History: L. 1988, ch. 261, § 13; L. 1990, ch. 66, § 45; May 31.
§ 65-6114 Establishment of emergency communication system by municipality; purpose
The governing body of any municipality may establish, operate and maintain a centralized emergency service communication system as a municipal function, within or without the boundaries of the municipality, for the purpose of furnishing those services required to establish, operate and maintain an emergency medical service or ambulance service, and such emergency communication system may include a county or city fire dispatch communication service for the purpose of providing a common communication network for all fire-fighting facilities, equipment and personnel. Such emergency communication system may provide for coordinated communication between all law enforcement agencies, ambulances, ambulance services and dispatchers, emergency receiving centers, fire dispatcher services, fire departments, health care institutions, medical practitioners, motor vehicle repair and towing services, and such other persons and service agencies as may be required.
History: L. 1988, ch. 261, § 14; April 14.
§ 65-6115 Continuation of certain existing services by municipality; tax levy; referendum
The governing body of any municipality is hereby authorized to continue, in accordance with the provisions of this act, operation of any emergency medical service or ambulance service or centralized emergency service communications system previously established, operated and maintained, or continue any contract with any person, other municipality or board of a county hospital for the furnishing of emergency medical services or ambulance service previously executed, pursuant to the authority of any statute repealed by this act. Such governing body is hereby authorized to continue to levy under authority of this section any tax for the operation and maintenance of such services or contracts previously authorized and levied pursuant to any statute repealed by this act in any amount not exceeding the amount specified in the ordinance or resolution providing for the levy in such municipality under such repealed statute. No increase in the amount of the tax previously authorized for the operation and maintenance of such services or contracts shall be levied until the governing body of such municipality adopts a new ordinance or resolution which authorizes such increase and is subject to referendum in accordance with the provisions of subsection (c) of K.S.A. 65-6113.
History: L. 1988, ch. 261, § 15; April 14.
§ 65-6116 Powers of governing board of municipality
In addition to other powers set forth in this act, the governing body of any municipality operating an emergency medical service or ambulance service shall have the power:
(a) To acquire by gift, bequest, purchase or lease from public or private sources, and to plan, construct, operate and maintain the services, equipment and facilities which are incidental or necessary to the establishment, operation and maintenance of an emergency medical service or ambulance service;
(b) to enter into contracts including, but not limited to, the power to enter into contracts for the construction, operation, management, maintenance and supervision of emergency medical services or ambulance services with any person or governmental entity;
(c) to make application for and to receive any contributions, moneys or properties from the state or federal government or any agency thereof or from any other public or private source;
(d) to contract or otherwise agree to combine or coordinate its activities, facilities and personnel with those of any person or governmental entity for the purpose of furnishing the emergency medical services or ambulance services within or without the municipality;
(e) to establish and collect any charges to be made for emergency medical services or ambulance services within or without the municipality and to provide for an audit of the records of the emergency medical services operation or ambulance services; and
(f) to perform all other necessary and incidental functions necessary to accomplish the purposes of this act.
History: L. 1988, ch. 261, § 16; April 14.
§ 65-6117 Standards for operation, facilities, equipment and qualification and training of personnel
If the governing body of a municipality establishes an emergency medical service or ambulance service as provided in this act, it shall establish a minimum set of standards for the operation of such service, for its facilities and equipment, and for the qualifications and training of personnel.
History: L. 1988, ch. 261, § 17; April 14.
§ 65-6118 Ambulance service taxing district; creation; governing body; tax levy
Whenever the board of county commissioners of any county which is furnishing ambulance services within the county under the authority of this act shall determine that such service can best be provided by the creation of an ambulance service taxing district, such board shall by resolution create and establish such district and define the boundaries thereof. The boundaries of such district shall include the territory receiving ambulance service provided by the county on the date of the adoption of the resolution creating such district. The board of county commissioners shall be the governing body of the district and shall have the authority, powers and duties granted to boards of county commissioners under the authority of this act, except that all costs incurred by the governing body of the district in providing ambulance services in such district shall be paid from the proceeds of the tax levies of the district hereinafter authorized. The provisions of this act shall govern the operation of ambulances providing services within districts established under the provisions of this section. The governing body of each ambulance service taxing district is hereby authorized to levy an annual tax upon all taxable tangible property in such district in accordance with the provisions of K.S.A. 65-6113. The county treasurer shall receive and have custody of all of the funds of the district and shall expend the same upon the order of the governing body of the district as provided by law.
History: L. 1988, ch. 261, § 18; April 14.
§ 65-6119 Paramedics; authorized activities
Notwithstanding any other provision of law to the contrary, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols or upon the order of a qualified healthcare provider, a paramedic may:
(a) Perform all the authorized activities identified in K.S.A. 65-6120, 65-6121, 65-6144, and amendments thereto; and
(b) administer such medications or procedures as may be deemed necessary by a qualified healthcare provider.
History: L. 1988, ch. 261, § 19; L. 1991, ch. 203, § 2; L. 1994, ch. 154, § 2; L. 1998, ch. 133, § 5; L. 2004, ch. 117, § 10; L. 2010, ch. 119, § 3; L. 2011, ch. 114, § 60; L. 2019, ch. 64, § 22; L. 2025, ch. 85, § 4; July 1.
§ 65-6120 Emergency medical technician; authorized activities
Notwithstanding any other provision of law to the contrary, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols or upon the order of a qualified healthcare provider, an advanced emergency medical technician may:
(a) Perform any of the activities identified by K.S.A. 65-6121 and 65-6144, and amendments thereto; and
(b) perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof:
(1) Advanced airway management;
(2) veni-puncture for obtaining blood sample;
(3) initiation and maintenance of intravenous infusion or saline lock;
(4) initiation and maintenance of intraosseous infusion;
(5) manual defibrillation;
(6) cardiac monitoring;
(7) electrocardiogram interpretation; and
(8) administration of medications, as approved by the board by appropriate routes.
History: L. 1988, ch. 261, § 20; L. 1991, ch. 203, § 3; L. 1994, ch. 154, § 3; L. 1998, ch. 133, § 6; L. 2004, ch. 117, § 11; L. 2010, ch. 119, § 4; L. 2011, ch. 114, § 83; L. 2011, ch. 114, § 61; L. 2016, ch. 35, § 4; L. 2019, ch. 64, § 23; L. 2025, ch. 85, § 5; July 1.
§ 65-6121 Emergency medical technician; authorized activities
Notwithstanding any other provision of law to the contrary, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols or upon the order of a qualified healthcare provider, an emergency medical technician may:
(a) Perform any of the activities identified in K.S.A. 65-6144, and amendments thereto; and
(b) perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof:
(1) Airway maintenance, including use of:
(A) Single lumen airways as approved by the board;
(B) multilumen airways;
(C) ventilator devices;
(D) non-invasive positive pressure ventilation;
(E) forceps removal of airway obstruction;
(F) CO2 monitoring; and
(G) airway suctioning;
(2) monitoring a urinary catheter;
(3) capillary blood sampling for purposes other than blood glucose monitoring;
(4) administration of patient assisted medications as approved by the board;
(5) administration of medications, as approved by the board by appropriate routes;
(6) monitoring a saline lock;
(7) monitor, maintain or discontinue flow of IV line;
(8) monitoring of a nasogastric tube; and
(9) application of a traction splint.
History: L. 1988, ch. 261, § 21; L. 1990, ch. 235, § 3; L. 1991, ch. 203, § 4; L. 1994, ch. 154, § 4; L. 1998, ch. 133, § 7; L. 2002, ch. 203, § 2; L. 2010, ch. 119, § 5; L. 2011, ch. 114, § 84; L. 2011, ch. 114, § 62; L. 2016, ch. 35, § 5; L. 2025, ch. 85, § 6; July 1.
§ 65-6122 Repealed
History: L. 1988, ch. 261, § 22; L. 1991, ch. 203, § 5; Repealed, L. 2002, ch. 203, § 38; July 1.
§ 65-6123 Repealed
History: L. 1988, ch. 261, § 23; L. 1991, ch. 203, § 6; L. 1994, ch. 154, § 5; L. 1998, ch. 133, § 8; L. 2004, ch. 117, § 12; L. 2010, ch. 119, § 6; L. 2011, ch. 114, § 85; L. 2011, ch. 114, § 63; Repealed, L. 2019, ch. 64, § 39; June 6.
§ 65-6124 Limitations on liability
(a) No physician, physician assistant, advanced practice registered nurse or licensed professional nurse who gives emergency instructions to an emergency medical service provider during an emergency shall be liable for any civil damages as a result of issuing the instructions, except such damages that may result from gross negligence in giving such instructions.
(b) No emergency medical service provider who renders emergency care during an emergency pursuant to instructions given by a physician, physician assistant, advanced practice registered nurse or licensed professional nurse shall be liable for civil damages as a result of implementing such instructions, except such damages that may result from gross negligence or by willful or wanton acts or omissions on the part of such emergency medical service provider.
(c) No medical director who provides medical oversight shall be liable for any civil damages as a result of such medical oversight, except such damages that may result from gross negligence in the provision of such medical oversight.
History: L. 1988, ch. 261, § 24; L. 1989, ch. 205, § 1; L. 1993, ch. 71, § 4; L. 1998, ch. 133, § 9; L. 2004, ch. 117, § 13; L. 2010, ch. 119, § 7; L. 2011, ch. 114, § 86; L. 2011, ch. 114, § 64; L. 2014, ch. 131, § 52; L. 2019, ch. 64, § 24; L. 2021, ch. 106, § 16; L. 2023, ch. 58, § 5; July 1.
§ 65-6125 Unlawful to operate ambulance service without a permit
It shall be unlawful for any person or municipality to operate an ambulance service within this state without obtaining a permit pursuant to this act.
History: L. 1988, ch. 261, § 25; April 14.
§ 65-6126 Medical director; alternative when no medical director available
(a) Except as provided in subsection (b), each operator shall designate a medical director to provide medical oversight.
(b) The board may approve an alternative procedure for medical oversight by a physician if no medical director is available to be designated by the operator.
History: L. 1988, ch. 261, § 26; L. 1990, ch. 235, § 4; L. 2011, ch. 114, § 87; L. 2019, ch. 64, § 25; L. 2021, ch. 106, § 17; June 3.
§ 65-6127 Permit to operate ambulance service; application; contents
(a) Application for a permit to operate an ambulance service shall be made to the board by the operator of the ambulance service upon forms provided by the administrator and shall be accompanied by a permit fee that shall be a base amount plus an amount for each vehicle used by such operator in such operator's ambulance service and that shall be fixed by rules and regulations of the board to cover all or any part of the cost of regulation of ambulance services.
(b) The application shall state the name of the operator, the names of the emergency medical service providers of such ambulance service, the primary territory for which the permit is sought, the type of service offered, the location and physical description of the facility whereby calls for service will be received, the facility wherein vehicles are to be garaged, a description of vehicles and other equipment to be used by the service and such other information as the board may require.
(c) Nothing in this act shall be construed as granting an exclusive territorial right to operate an ambulance service. Upon change of ownership of an ambulance service the permit issued to such service shall expire 60 days after the change of ownership.
History: L. 1988, ch. 261, § 27; L. 1998, ch. 133, § 10; L. 2019, ch. 64, § 26; June 6.
§ 65-6128 Same; qualifications of applicant; denial of application; notice; reapplication; renewal of permit; disposition of fees
(a) A permit shall not be issued to an operator unless the board finds the ambulance service is or will be staffed and equipped in accordance with the rules and regulations promulgated by the board pursuant to K.S.A. 65-6110, and amendments thereto. If the board determines that an applicant is not qualified, such applicant shall be notified of the denial of such application with a statement of the reasons for such denial. The applicant may reapply upon submission of evidence that the disqualifying factor alleged by the board has been corrected. No fee shall be required for the first reapplication made if it is submitted to the board within one year of the date of the denial of the application.
(b) A permit to operate an ambulance service shall be valid for a term fixed by the board not to exceed 18 months and may be renewed upon payment of a fee in the amount fixed by the board pursuant to K.S.A. 65-6127, and amendments thereto. The board may prorate to the nearest whole month the fee fixed under this subsection as necessary to implement the provisions of this subsection.
(c) All fees received pursuant to the provisions of 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.
History: L. 1988, ch. 261, § 28; L. 2000, ch. 117, § 1; L. 2001, ch. 5, § 266; July 1.
§ 65-6129 Emergency medical service provider certificate; requirements; fingerprinting and criminal history records check; disposition of fees; renewal of certificate; violations, sanctions
(a) (1) Application for an emergency medical service provider certificate shall be made to the board. The board shall not grant an emergency medical service provider certificate unless the applicant meets the following requirements:
(A) (i) Has successfully completed coursework required by the rules and regulations adopted by the board;
(ii) has successfully completed coursework in another jurisdiction that is substantially equivalent to that required by the rules and regulations adopted by the board; or
(iii) has provided evidence that such applicant holds a current and active certification with the national registry of emergency medical technicians, completed emergency medical technician training as a member of the army, navy, marine corps, air force, space force, air or army national guard of any of the several states and territories, Puerto Rico and the District of Columbia, coast guard or any component of the military reserves of the United States that is substantially equivalent to that required by the rules and regulations adopted by the board, and such applicant separated from such period of active service as a member of the armed forces with an honorable discharge. Applicants currently performing active service as a member of the armed forces are presumed to be serving honorably;
(B) (i) has passed the examination required by the rules and regulations adopted by the board; or
(ii) has passed the certification or licensing examination in another jurisdiction that has been approved by the board; and
(C) has paid an application fee required by the rules and regulations adopted by the board.
(2) The board may grant an emergency medical service provider certificate to any applicant who meets the requirements under subsection (a)(1)(A)(iii) but was separated from such period of active service as a member of the armed forces with a general discharge under honorable conditions.
(b) (1) The emergency medical services board may require an original applicant for certification as an emergency medical services provider to be fingerprinted and submit to a state and national criminal history record check in accordance with K.S.A. 2025 Supp. 22-4714, and amendments thereto.
(2) As used in this section, "applicant" means a person who has submitted an application for an emergency medical services provider certificate.
(3) The emergency medical services board may fix and collect a fee as may be required by the board in an amount equal to the cost of fingerprinting and the criminal history record check. The emergency medical services board shall remit all moneys received from the fees established by this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the emergency medical services criminal history and fingerprinting fund.
(4) There is hereby created in the state treasury the emergency medical services criminal history and fingerprinting fund. All moneys credited to the fund shall be used to pay the Kansas bureau of investigation for the processing of fingerprints and criminal history record checks for the emergency medical services board. The fund shall be administered by the emergency medical services board. All expenditures from the 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 chairperson of the emergency medical services board or the chairperson's designee.
(c) The board shall not grant an initial advanced emergency medical technician certificate or paramedic certificate as a result of successful course completion in the state of Kansas, except if the applicant for such an initial certificate is certified as an emergency medical technician.
(d) An emergency medical service provider certificate shall expire on the date prescribed by the board. An emergency medical service provider certificate may be renewed for a period of two years upon payment of a fee as prescribed by rule and regulation of the board and upon presentation of satisfactory proof that the emergency medical service provider has successfully completed continuing education as prescribed by the board.
(e) All fees received pursuant to the provisions of 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 emergency medical services operating fund established by K.S.A. 65-6151, and amendments thereto.
(f) If a person who was previously certified as an emergency medical service provider applies for an emergency medical service provider's certificate after the certificate's expiration, the board may grant a certificate without the person completing an initial course of instruction or passing a certification examination if the person has completed education requirements and has paid a fee as specified in rules and regulations adopted by the board.
(g) The board shall adopt, through rules and regulations, a formal list of graduated sanctions for violations of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, that shall specify the number and severity of violations for the imposition of each level of sanction.
History: L. 1988, ch. 261, § 29; L. 1990, ch. 236, § 1; L. 1991, ch. 203, § 7; L. 1993, ch. 71, § 5; L. 1998, ch. 133, § 11; L. 2000, ch. 117, § 2; L. 2001, ch. 5, § 267; L. 2002, ch. 203, § 1; L. 2008, ch. 78, § 2; L. 2010, ch. 119, § 8; L. 2011, ch. 114, § 88; L. 2013, ch. 95, § 4; L. 2014, ch. 131, § 53; L. 2019, ch. 64, § 27; L. 2024, ch. 84, § 21; L. 2024, ch. 100, § 12; July 1.
§ 65-6129a Supervision of students or emergency medical service providers during training and continuing education
(a) While engaged in a course of training or continuing education approved by the board, a student or emergency medical service provider engaged in such training or continuing education shall be under the supervision of a physician, a physician assistant, an advanced practice registered nurse, a respiratory therapist, a professional nurse or an emergency medical services provider who is, at a minimum, certified to provide the level of care for which the student is seeking certification.
(b) Nothing in the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, shall be construed to preclude the provision of authorized activities by students enrolled in a training program while engaged in such program.
History: L. 1991, ch. 203, § 8; L. 1998, ch. 133, § 12; L. 2019, ch. 64, § 28; L. 2025, ch. 85, § 7; July 1.
§ 65-6129b Repealed
History: L. 1991, ch. 203, § 9; L. 1998, ch. 133, § 13; L. 2000, ch. 117, § 3; L. 2001, ch. 5, § 268; L. 2016, ch. 35, § 6; L. 2019, ch. 64, § 29; Repealed, L. 2023, ch. 58, § 7; July 1.
§ 65-6129c Repealed
History: L. 1998, ch. 133, § 17; L. 2000, ch. 117, § 4; L. 2010, ch. 119, § 9; L. 2011, ch. 114, § 65; L. 2016, ch. 35, § 7; Repealed, L. 2019, ch. 64, § 39; June 6.
§ 65-6129d Inactive certificate; issuance; renewal; application for active certificate
(a) (1)* There is hereby created the designation of inactive certificate. The board is authorized to issue an inactive certificate to any person currently certified by the board who makes written application for such inactive certificate on a form provided by the board and remits the fee established by the board in rules and regulations. The board may issue an inactive certificate only to a person who is not directly engaged in the provision of emergency medical services for which certification is required and who does not hold oneself out to the public as being professionally engaged in the provision of emergency medical services. An inactive certificate shall not entitle the holder to engage in the practice of emergency medical services. Each inactive certificate may be renewed subject to the provisions of this section. Each inactive certificate holder shall be subject to the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, except as otherwise provided in this subsection. The holder of an inactive certificate shall not be required to submit evidence of satisfactory completion of the continuing education requirement prescribed by the board.
(b) Each inactive certificate holder may apply for an active certificate upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by a fee prescribed by the board in rules and regulations. The inactive certificate holder may be required to complete such additional testing, training or education as the board may deem necessary to establish the inactive certificate holder's current ability to engage in the provision of emergency medical services with reasonable skill and safety.
(c) This section shall be a part of and supplemental to article 61 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2019, ch. 64, § 1; June 6.
§ 65-6130 Inspections; subpoenas of records; maintenance of records; personnel
(a) The board may inquire into the operation of ambulance services and the conduct of emergency medical service providers, and may conduct periodic inspections of facilities, communications services, materials and equipment at any time without notice.
(b) The board may issue subpoenas in accordance with the provisions of K.S.A. 65-6111(d), and amendments thereto, to compel an operator holding a permit to make access to or for the production of records regarding services performed and to furnish such other information as the board may require to carry out the provisions of this act to the same extent and subject to the same limitations as would apply if the subpoenas were issued or served in aid of a civil action in the district court. A copy of such records shall be kept in the operator's files for a period of not less than three years.
(c) The board also may require operators to submit lists of personnel employed and to notify the board of any changes in personnel or in ownership of the ambulance service.
History: L. 1988, ch. 261, § 30; L. 2016, ch. 79, § 2; L. 2019, ch. 64, § 30; June 6.
§ 65-6131 Municipalities; licensing and regulating ambulance services
Nothing in this act shall be construed to preclude any municipality from licensing and regulating ambulance services located within its jurisdiction, but any licensing requirements or regulations imposed by a municipality shall be in addition to and not in lieu of the provisions of this act and the rules and regulations promulgated thereunder.
History: L. 1988, ch. 261, § 31; April 14.
§ 65-6132 Denial, revocation, limitation, modification or suspension of operator's permit; hearing
(a) An operator's permit may be denied, revoked, limited, modified or suspended by the board upon proof that such operator or any agent or employee thereof:
(1) Has been guilty of misrepresentation in obtaining the permit or in the operation of the ambulance service;
(2) has engaged or attempted to engage in, or represented themselves as entitled to perform, any ambulance service not authorized in the permit;
(3) has demonstrated incompetence as defined by rules and regulations adopted by the board or has shown themselves otherwise unable to provide adequate ambulance service;
(4) has failed to keep and maintain the records required by the provisions of this act, or the rules and regulations adopted by the board, or has failed to make reports when and as required;
(5) has knowingly operated faulty or unsafe equipment;
(6) has violated or aided and abetted in the violation of any provision of this act or the rules and regulations adopted by the board; or
(7) has engaged in unprofessional conduct as defined by rules and regulations adopted by the board.
(b) The board shall not limit, modify, revoke or suspend any operator's permit pursuant to this section without first conducting a hearing in accordance with the provisions of the administrative procedure act.
History: L. 1988, ch. 261, § 32; L. 1990, ch. 235, § 5; L. 2011, ch. 114, § 89; July 1.
§ 65-6133 Denial, revocation, limitation, modification or suspension of certificates
(a) An emergency medical service provider certificate may be denied, revoked, limited, modified or suspended by the board or the board may refuse to renew such certificate upon proof that such individual:
(1) Has made intentional misrepresentations in obtaining a certificate or renewing a certificate;
(2) has performed or attempted to perform activities not authorized by statute at the level of certification held by the individual;
(3) has demonstrated incompetence as defined by rules and regulations adopted by the board or has provided inadequate patient care as determined by the board;
(4) has violated or aided and abetted in the violation of any provision of this act or the rules and regulations adopted by the board;
(5) has been convicted of a felony and, after investigation by the board, it is determined that such person has not been sufficiently rehabilitated to warrant the public trust;
(6) has demonstrated an inability to perform authorized activities with reasonable skill and safety by reason of illness, alcoholism, excessive use of drugs, controlled substances or any physical or mental condition;
(7) has engaged in unprofessional conduct, as defined by rules and regulations adopted by the board; or
(8) has had a certificate, license or permit to practice emergency medical services as an emergency medical service provider denied, revoked, limited or suspended or has been publicly or privately censured, by a licensing or other regulatory authority of another state, agency of the United States government, territory of the United States or other country or has had other disciplinary action taken against the applicant or holder of a permit, license or certificate by a licensing or other regulatory authority of another state, agency of the United States government, territory of the United States or other country. A certified copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing or other regulatory authority of another state, agency of the United States government, territory of the United States or other country shall constitute prima facie evidence of such a fact for purposes of this paragraph.
(b) The board may deny, limit, modify, revoke or suspend an emergency medical service provider certificate or the board may refuse to renew such certificate in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1988, ch. 261, § 33; L. 1990, ch. 235, § 6; L. 1998, ch. 133, § 14; L. 2011, ch. 114, § 90; L. 2016, ch. 35, § 8; L. 2019, ch. 64, § 31; June 6.
§ 65-6134 Temporary limitation or restriction of operator's permit; hearing
An operator's permit may be temporarily limited or restricted by the board, pending a hearing, upon receipt of a complaint indicating the public health, safety or welfare to be in imminent danger. If an inspection proves the complaint to be invalid, or that the cause therefor has been corrected, the limitation or restriction shall be terminated.
Proceedings under this section may be initiated by the board or by any person filing written charges with the board. The board shall not limit nor restrict any permit pursuant to this section without first conducting a hearing in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1988, ch. 261, § 34; April 14.
§ 65-6135 Ambulance services; hours of operation; persons providing emergency care; emergency medical services in rural counties
(a) Except as provided in subsection (b), all ambulance services providing emergency care as defined by the rules and regulations adopted by the board shall offer service for 24 hours per day, every day of the year.
(b) Ambulance services providing only nonemergency transportation may offer service for less than 24 hours per day, every day of the year.
(c) Except as provided by subsection (d), whenever an operator is required to have a permit, at least one person in the patient compartment during patient transport who is providing emergency medical service shall be an emergency medical service provider certified or authorized pursuant to K.S.A. 65-6119, 65-6120, 65-6121, or 65-6158, and amendments thereto, a physician, an individual licensed to practice medicine and surgery pursuant to K.S.A. 65-28,133, and amendments thereto, a physician assistant, an advanced practice registered nurse, a professional nurse or a registered nurse holding a multistate license pursuant to K.S.A. 65-1166, and amendments thereto.
(d) The board shall not require any ground vehicle providing emergency medical services in any county with a population of 30,000 or less to operate with more than one person who satisfies the requirements of subsection (c) if the driver of such vehicle is certified in cardiopulmonary resuscitation. An operator that chooses to adopt this policy shall notify the board within 30 days of adoption of such policy.
History: L. 1988, ch. 261, § 35; L. 1989, ch. 205, § 2; L. 1998, ch. 133, § 15; L. 2000, ch. 162, § 24; L. 2010, ch. 119, § 10; L. 2011, ch. 114, § 66; L. 2016, ch. 35, § 9; L. 2019, ch. 64, § 32; L. 2024, ch. 72, § 14; L. 2025, ch. 85, § 8; July 1.
§ 65-6136 Scope of act
(a) Nothing in this act shall be construed:
(1) To prevent the operation of a police emergency vehicle;
(2) to affect any statute or regulatory authority vested in the department of transportation concerning automotive equipment and safety requirements;
(3) to prohibit any privately owned vehicles and aircraft not ordinarily used in the ambulance service business from transporting persons who are sick, injured, wounded or otherwise incapacitated or helpless;
(4) to prevent any vehicle from being pressed into service as an ambulance when the operator determines an emergency exists and provides written notification to the board within 72 hours after the use of such vehicle; or
(5) to prohibit any ambulance lawfully operating under the laws of a state adjoining Kansas from providing emergency transportation of a patient from a municipality not otherwise served by an ambulance service located in Kansas to a location within or outside the state of Kansas when the governing body of such municipality declares a hardship. The governing body or board shall notify the board 30 days prior to the initiation of such out-of-state service.
(b) Ambulances owned and operated by an agency of the United States government shall be exempt from the provisions of this act.
(c) Any ambulance based outside of this state receiving a patient within the state for transportation to a location within this state or receiving a patient within this state for emergency transportation to a location outside this state shall comply with the provisions of this act except when such ambulance is rendering service in the case of a major catastrophe, such ambulance is making a prearranged hospital-to-hospital transfer or except as otherwise provided by rules and regulations adopted by the board.
History: L. 1988, ch. 261, § 36; L. 1990, ch. 235, § 7; July 1.
§ 65-6137 Violations; misdemeanor
Any person violating any provision of this act or any rule and regulation issued hereunder shall be deemed guilty of a class B misdemeanor.
History: L. 1988, ch. 261, § 37; April 14.
§ 65-6138 Emergency medical services communications system; establishment; medical communications centers; purpose
In order to provide adequate emergency medical care for the people of this state, the emergency medical services board is hereby authorized to establish, maintain and operate an emergency medical services communications system, subject to approval by the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto. The emergency medical services board shall establish communication centers, to be known as medical communications centers, in various locations in the state to be determined by the emergency medical services board, for the purposes of receiving requests for emergency medical assistance and for coordinating the activities of ambulances with medical care facilities and other emergency public safety agencies. Subject to approval by the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto, the emergency medical services board may provide mobile radio units to ambulance services, as hereinafter provided, which will provide such ambulance services with direct communication to or from medical communication centers established for such purpose.
History: L. 1988, ch. 261, § 38; L. 2013, ch. 62, § 4; July 1.
§ 65-6139 Same; contracts with state agencies or political subdivisions; requirements; equipment to remain property of state
For the purpose of establishing, operating and maintaining the emergency medical services communications system, the board may enter into contracts with any state agency, and any such agency is authorized to contract for such purpose with the board. The board also may enter into contracts or other agreements with any city, county, township, fire district or hospital district, or any person, firm or corporation for the establishment of an emergency medical services communications system or the establishment or operation of any part thereof including placement, operation and maintenance of equipment. In accordance with the authority of the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto, all contracts entered into by the board under this section shall be subject to approval by the executive chief information technology officer.
Any contract or agreement for the placement or operation of equipment with any ambulance service shall provide that the person, firm, corporation or municipality operating such ambulance service shall maintain such equipment in accordance with terms and conditions established by the board. The contracts, agreements or contracts for the placement of equipment in medical communication centers shall provide that such equipment shall only be used for the purpose of operating the emergency medical services communications system and that the board or the board's designated agent may inspect such equipment at any time. Ownership of any such equipment shall remain with the state and any contracts for the placement of such equipment may be withdrawn or canceled at any time, at the option of the board and the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto.
History: L. 1988, ch. 261, § 39; L. 2013, ch. 62, § 5; July 1.
§ 65-6140 Same; acceptance of moneys and acquisition of property
For the purposes of establishing, operating and maintaining an emergency medical services communications system, the emergency medical services board may accept any grant of money or property, including any federal moneys available therefor. Within the limits of appropriations available therefor and subject to approval by the executive chief information technology officer under K.S.A. 75-4709, and amendments thereto, the emergency medical services board may acquire, in the name of the state, any equipment necessary for such communications system.
History: L. 1988, ch. 261, § 40; L. 2013, ch. 62, § 6; July 1.
§§ 65-6141 through 65-6143 Repealed
History: L. 1988, ch. 261, §§ 41 to 43; Repealed, L. 1993, ch. 71, § 8; July 1.
§ 65-6144 Emergency medical responder; authorized activities
Notwithstanding any other provision of law to the contrary, after successfully completing an approved course of instruction, local specialized device training and competency validation and when authorized by medical protocols or upon the order of a qualified healthcare provider, an emergency medical responder may perform any of the following interventions, by use of the devices, medications and equipment, or any combination thereof:
(a) Patient assessment and stabilization;
(b) cardiac arrest management through the use of cardiopulmonary resuscitation and the use of an automated external defibrillator;
(c) airway management and oxygen therapy;
(d) utilization of equipment for the purposes of acquiring and transmitting EKG rhythm strips;
(e) control of bleeding;
(f) extremity splinting;
(g) spinal immobilization;
(h) administration of medications, as approved by the board by appropriate routes;
(i) recognize and comply with advanced directives;
(j) use of blood glucose monitoring;
(k) assistance with childbirth;
(l) non-invasive monitoring of hemoglobin derivatives;
(m) distribution of non prescription, over-the-counter medications as approved by the service medical director, except that an emergency medical responder shall not distribute any compound, mixture or preparation that contains any detectable quantity of:
(1) Ephedrine, its salts or optical isomers, or salts of optical isomers and is exempt from being reported to the statewide electronic logging system for the sale of methamphetamine precursors; or
(2) pseudoephedrine, its salts or optical isomers, or salts of optical isomers and is exempt from being reported to the statewide electronic logging system for the sale of methamphetamine precursors; and
(n) other techniques and devices of preliminary care an emergency medical responder is trained to provide as approved by the board.
History: L. 1988, ch. 261, § 44; L. 1994, ch. 154, § 6; L. 1998, ch. 133, § 16; L. 2010, ch. 119, § 11; L. 2011, ch. 114, § 91; L. 2011, ch. 114, § 67; L. 2016, ch. 35, § 10; L. 2024, ch. 108, § 6; L. 2025, ch. 85, § 9; July 1.
§ 65-6145 Emergency medical services; limitations of act
Nothing in this act shall be construed:
(a) To preclude any municipality from licensing or otherwise regulating emergency medical responders operating within its jurisdiction, but any licensing requirements or regulations imposed by a municipality shall be in addition to and not in lieu of the provisions of this act and the rules and regulations adopted pursuant to this act;
(b) to preclude any person certified as an emergency medical service provider from providing emergency medical services to persons requiring such services; or
(c) to preclude any individual who is not a certified emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto, from providing assistance during an emergency so long as such individual does not represent oneself to be an emergency medical service provider as defined by K.S.A. 65-6112, and amendments thereto.
History: L. 1988, ch. 261, § 45; L. 2010, ch. 119, § 12; L. 2019, ch. 64, § 33; June 6.
§ 65-6146 Repealed
History: L. 1988, ch. 261, § 46; L. 1990, ch. 235, § 9; Repealed, L. 1993, ch. 71, § 8; July 1.
§ 65-6147 Repealed
History: L. 1988, ch. 261, § 47; Repealed, L. 1993, ch. 71, § 8; July 1.
§ 65-6148 Repealed
History: L. 1988, ch. 226, § 1; L. 1988, ch. 253, § 2; Repealed, L. 1998, ch. 133, § 19; July 1.
§ 65-6149 Repealed
History: L. 1988, ch. 226, § 2; L. 1988, ch. 253, § 3; L. 1990, ch. 235, § 10; L. 1993, ch. 71, § 6; L. 1994, ch. 154, § 7; Repealed, L. 1998, ch. 133, § 19; July 1.
§ 65-6149a Automated external defibrillator; use and possession, immunity from liability; registration of unit; placement of units in state facilities
(a) (1) Any person who in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
(2) No person or entity that owns, leases, possesses or otherwise controls an automated external defibrillator and provides such automated external defibrillator to others for use shall be held liable for any civil damages as a result of such use where the person or entity that owns, leases, possesses or otherwise controls the automated external defibrillator has developed, implemented and follows guidelines to ensure proper maintenance and operation of the device.
(3) No physician who, pursuant to a prescription order, authorizes the acquisition of an automated external defibrillator or participates in the development of usual and customary protocols for an automated external defibrillator by a person or entity that owns, leases, possesses or otherwise controls such automated external defibrillator and provides such automated external defibrillator for use by others shall be held liable for any civil damages as a result of such use.
(4) No person or entity that teaches or provides a training program for cardiopulmonary resuscitation that includes training in the use of automated external defibrillators shall be held liable for any civil damages as a result of such training or use if such person or entity has provided such training in a manner consistent with the usual and customary standards for the providing of such training.
(b) Pursuant to the provisions of this subsection, persons or entities that purchase, lease, possess or otherwise control or acquire an automated external defibrillator to be placed in a public place within the state shall register the automated external defibrillator with the emergency medical services board.
(c) The secretary of administration, in conjunction with the Kansas highway patrol, shall develop guidelines for the placement of automated external defibrillators in state owned or occupied facilities. The guidelines shall include, but not be limited to:
(1) Which state owned or occupied facilities should have automated external defibrillators readily available for use;
(2) recommendations for appropriate training courses in cardiopulmonary resuscitation and automated external defibrillators use;
(3) integration with existing emergency response plans;
(4) proper maintenance and testing of the devices;
(5) coordination with appropriate professionals in the oversight of training; and
(6) coordination with local emergency medical services regarding placement and conditions of use.
(d) Nothing in this section shall be construed to require the state to purchase automated external defibrillators.
History: L. 1998, ch. 133, § 18; L. 2003, ch. 43, § 1; L. 2009, ch. 96, § 1; L. 2025, ch. 85, § 10; July 1.
§ 65-6150 Unlawful acts; criminal penalty
(a) It shall be unlawful for any individual to represent oneself as an emergency medical service provider unless such individual holds a valid certificate as such under this act.
(b) Any violation of subsection (a) shall constitute a class B misdemeanor.
History: L. 1990, ch. 235, § 8; L. 2019, ch. 64, § 34; L. 2023, ch. 58, § 6; July 1.
§ 65-6151 Emergency medical services operating fund
There is hereby created in the state treasury an emergency medical services operating fund. Expenditures from the emergency medical services operating 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 chairperson of the emergency medical services board or by a person or persons designated by such chairperson.
History: L. 1992, ch. 315, § 13; July 1.
§ 65-6152 Expired
History: L. 2002, ch. 147, § 1; Expired, June 30, 2004.
§ 65-6153 Emergency medical services data collection system; information collected; rules and regulations
(a) Within the limits of appropriations therefor, the board of emergency medical services shall develop and maintain a statewide data collection system to collect and analyze emergency medical services information, including, but not limited to, dispatch, demographics, patient data, assessment, treatment, disposition, financial and any other pertinent information that will assist the board in improving the quality of emergency medical services.
(b) Each operator of an ambulance service shall collect and report to the board emergency medical services information pursuant to rules and regulations adopted by the board. The board shall adopt rules and regulations which use the most efficient, least intrusive means for collecting emergency medical services information consistent with ensuring the quality, timeliness, completeness and confidentiality of the system.
History: L. 2006, ch. 161, § 1; July 1.
§ 65-6154 Same; confidentiality; exceptions; reports open records
(a) Any emergency medical services information provided to the board shall be confidential and shall not be disclosed or made public, upon subpoena or otherwise, except such information may be disclosed if:
(1) No person can be identified in the information to be disclosed and the disclosure is for statistical purposes;
(2) all persons who are identifiable in the information to be disclosed consent in writing to its disclosure; or
(3) the disclosure is necessary, and only to the extent necessary, to protect the public health and does not identify specific persons, operators, as defined in K.S.A. 65-6112, and amendments thereto, or ambulance services.
(b) Except as provided in subsection (c), reports generated by the board utilizing emergency medical services information shall be available in accordance with K.S.A. 45-215 et seq., and amendments thereto.
(c) Notwithstanding subsection (b), individually identifiable health information shall be confidential and shall not be disclosed except that the board may disclose such information to individuals, organizations or governmental agencies engaged in research that benefits the public's health, safety or welfare if the board is satisfied that such information will remain confidential and adequately protected from disclosure. For purposes of this section, "individually identifiable health information" shall have the same meaning as in 45 C.F.R. § 160.103.
History: L. 2006, ch. 161, § 2; July 1.
§ 65-6155 Same; disclosure of information; liability
Any operator who reports emergency medical services information, in good faith, and in accordance with the requirements of this act and the rules and regulations prescribed by the board, shall have immunity from any liability, civil or criminal, which might otherwise be incurred or imposed in an action resulting from such information. Nothing in this section shall be construed to apply to the unauthorized disclosure of confidential information when such disclosure is due to gross negligence or willful misconduct.
History: L. 2006, ch. 161, § 3; July 1.
§ 65-6156 Act supplemental to article 61 of chapter 65 of Kansas Statutes Annotated
K.S.A. 65-6153 through 65-6155, and amendments thereto, shall be part of and supplemental to the provisions of article 61 of chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the provisions thereof or supplemental thereto.
History: L. 2006, ch. 161, § 4; July 1.
§ 65-6157 EMS revolving fund
There is hereby created in the state treasury the EMS revolving fund. All moneys credited to the EMS revolving fund shall be used by the emergency medical services board to improve and enhance emergency medical services in the state. All expenditures from the EMS revolving 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 chairperson of the emergency medical services board or by a person or persons designated by such chairperson.
History: L. 2007, ch. 140, § 14; April 26.
§ 65-6158 Interstate compact for recognition of emergency personnel licensure
This act may be cited as the interstate compact for recognition of emergency medical personnel licensure.
THE INTERSTATE COMPACT FOR RECOGNITION OF
EMERGENCY PERSONNEL LICENSURE
ARTICLE 1
PURPOSE
In order to protect the public through verification of competency and ensure accountability for patient care related activities, all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:
(a) Increase public access to EMS personnel;
(b) enhance the states' ability to protect the public's health and safety, especially patient safety;
(c) encourage the cooperation of member states in the areas of EMS personnel licensure and regulation;
(d) support licensing of military members who are separating from an active duty tour and their spouses;
(e) facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action and significant investigatory information;
(f) promote compliance with the laws governing EMS personnel practice in each member state; and
(g) invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.
ARTICLE 2
DEFINITIONS
In this compact:
(a) "Advanced Emergency Medical Technician (AEMT)" means: An individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
(b) "Adverse Action" means: Any administrative, civil, equitable or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions and state court judgments enforcing adverse actions by the state EMS authority.
(c) "Alternative program" means: A voluntary, non-disciplinary substance abuse recovery program approved by a state EMS authority.
(d) "Certification" means: The successful verification of entry-level cognitive and psychomotor competency using a reliable, validated and legally defensible examination.
(e) "Commission" means: The national administrative body of which all states that have enacted the compact are members.
(f) "Emergency Medical Technician (EMT)" means: An individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
(g) "Home State" means: A member state where an individual is licensed to practice emergency medical services.
(h) "License" means: The authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level between EMT and paramedic.
(i) "Medical Director" means: A physician licensed in a member state who is accountable for the care delivered by EMS personnel.
(j) "Member State" means: A state that has enacted this compact.
(k) "Privilege to Practice" means: An individual's authority to deliver emergency medical services in remote states as authorized under this compact.
(l) "Paramedic" means: An individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
(m) "Remote State" means: A member state in which an individual is not licensed.
(n) "Restricted" means: The outcome of an adverse action that limits a license or the privilege to practice.
(o) "Rule" means: A written statement by the interstate commission promulgated pursuant to article 12 of this compact that is of general applicability; implements, interprets or prescribes a policy or provision of the compact; or is an organizational, procedural or practice requirement of the commission and has the force and effect of statutory law in a member state and includes the amendment, repeal or suspension of an existing rule.
(p) "Scope of Practice" means: Defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute or court decision, it tends to represent the limits of services an individual may perform.
(q) "Significant Investigatory Information" means:
(1) Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or
(2) investigative information that indicates that the individual represents an immediate threat to public health and safety, regardless of whether the individual has been notified and had an opportunity to respond.
(r) "State" means: Any state, commonwealth, district or territory of the United States.
(s) "State EMS authority" means: The board, office or other agency with the legislative mandate to license EMS personnel.
ARTICLE 3
HOME STATE LICENSURE
(a) Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.
(b) Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.
(c) A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:
(1) Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;
(2) has a mechanism in place for receiving and investigating complaints about individuals;
(3) notifies the commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;
(4) no later than five years after activation of the compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with U.S. C.F.R. § 731.202 and submit documentation of such as promulgated in the rules of the commission; and
(5) complies with the rules of the commission.
ARTICLE 4
COMPACT PRIVILEGE TO PRACTICE
(a) Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with article 3.
(b) To exercise the privilege to practice under the terms and provisions of this compact, an individual must:
(1) Be at least 18 years of age;
(2) possess a current unrestricted license in a member state as an EMT, AEMT, paramedic or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and
(3) practice under the supervision of a medical director.
(c) An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.
(d) Except as provided in article 4(c), an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the commission.
(e) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.
(f) If an individual's privilege to practice in any remote state is restricted, suspended or revoked, the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.
ARTICLE 5
CONDITIONS OF PRACTICE IN A REMOTE STATE
An individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the commission, and under the following circumstances:
(a) The individual originates a patient transport in a home state and transports the patient to a remote state;
(b) the individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;
(c) the individual enters a remote state to provide patient care or transport, or both, within that remote state;
(d) the individual enters a remote state to pick up a patient and provide care and transport to a third member state;
(e) other conditions as determined by rules promulgated by the commission.
ARTICLE 6
RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT
Upon a member state's governor's declaration of a state of emergency or disaster that activates the emergency management assistance compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.
ARTICLE 7
VETERANS, SERVICE MEMBERS SEPARATING FROM
ACTIVE DUTY MILITARY, AND THEIR SPOUSES
(a) Member states shall consider a veteran, active military service member, and member of the national guard and reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought, as satisfying the minimum training and examination requirements for such licensure.
(b) Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the national guard and reserves separating from an active duty tour, and their spouses.
(c) All individuals functioning with a privilege to practice under this article remain subject to the adverse actions provisions of article 8.
ARTICLE 8
ADVERSE ACTIONS
(a) A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.
(b) If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.
(1) All home state adverse action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority.
(2) An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority.
(c) A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended or revoked to the commission in accordance with the rules of the commission.
(d) A remote state may take adverse action on an individual's privilege to practice within that state.
(e) Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.
(f) A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.
(g) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
ARTICLE 9
ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS AUTHORITY
A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:
(a) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses or the production of evidence, or both, from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses or evidence, or both, are located; and
(b) issue cease and desist orders to restrict, suspend or revoke an individual's privilege to practice in the state.
ARTICLE 10
ESTABLISHMENT OF THE INTERSTATE COMMISSION
FOR EMS PERSONNEL PRACTICE
(a) The compact states hereby create and establish a joint public agency known as the interstate commission for EMS personnel practice.
(1) The commission is a body politic and an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, Voting and Meetings
(1) Each member state shall have and be limited to one delegate. The responsible official of the state EMS authority or such official's designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the governor of the state will determine which entity will be responsible for assigning the delegate.
(2) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
(3) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(4) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in article 12.
(5) The commission may convene in a closed, non-public meeting if the commission must discuss:
(A) Non-compliance of a member state with its obligations under the compact;
(B) the employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) current, threatened or reasonably anticipated litigation;
(D) negotiation of contracts for the purchase or sale of goods, services or real estate;
(E) accusing any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) disclosure of investigatory records compiled for law enforcement purposes;
(I) disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
(J) matters specifically exempted from disclosure by federal or member state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission shall, by a majority vote of the delegates, prescribe bylaws or rules, or both, to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including, but not limited to:
(1) Establishing the fiscal year of the commission;
(2) providing reasonable standards and procedures:
(A) For the establishment and meetings of other committees; and
(B) governing any general or specific delegation of any authority or function of the commission;
(3) providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed;
(4) establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the commission;
(5) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the commission;
(6) promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;
(7) providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations.
(8) The commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any.
(9) The commission shall maintain its financial records in accordance with the bylaws.
(10) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(d) The commission shall have the following powers:
(1) The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;
(2) to bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected;
(3) to purchase and maintain insurance and bonds;
(4) to borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
(5) to hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(6) to accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest;
(7) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the commission shall strive to avoid any appearance of impropriety;
(8) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal, or mixed;
(9) to establish a budget and make expenditures;
(10) to borrow money;
(11) to appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;
(12) to provide and receive information from, and to cooperate with, law enforcement agencies;
(13) to adopt and use an official seal; and
(14) to perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of EMS personnel licensure and practice.
(e) Financing of the commission
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
(3) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(f) Qualified Immunity, Defense and Indemnification
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability, or both, for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining such person's own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
ARTICLE 11
COORDINATED DATABASE
(a) The commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action and significant investigatory information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) Licensure data;
(3) Significant investigatory information;
(4) Adverse actions against an individual's license;
(5) An indicator that an individual's privilege to practice is restricted, suspended or revoked;
(6) Non-confidential information related to alternative program participation;
(7) Any denial of application for licensure, and the reason for such denial; and
(8) Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.
(d) Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.
(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.
ARTICLE 12
RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission; and
(2) on the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons;
(2) a governmental subdivision or agency; or
(3) an association having at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.
(4) Nothing in this article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this article.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(k) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(4) protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
ARTICLE 13
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
(a) Oversight
(1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
(b) Default, Technical Assistance, and Termination
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(A) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action, if any, to be taken by the commission; and
(B) provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(3) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
(4) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the U.S. district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(c) Dispute Resolution
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
ARTICLE 14
DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR EMS PERSONNEL PRACTICE AND
ASSOCIATED RULES, WITDHRAWAL, AND AMENDMENT
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
ARTICLE 15
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.
History: L. 2016, ch. 28, § 1; July 1.
§ 65-6159 Medicaid ground emergency medical transportation services; supplemental medicaid reimbursement; rate; requirements; federal approval
(a) An eligible provider, as described in subsection (b), in addition to the rate of payment that the provider would otherwise receive for medicaid ground emergency medical transportation services, shall receive supplemental medicaid reimbursement to the extent provided by law.
(b) A provider shall be eligible for supplemental reimbursement only if the provider meets the following conditions during the reporting period:
(1) Provides ground emergency medical transportation services to medicaid beneficiaries;
(2) is a provider that is enrolled as a medicaid provider for the period being claimed; and
(3) is owned or operated by the state, a political subdivision or local government, that employs or contracts with persons or providers who are licensed or permitted to provide emergency medical services in the state of Kansas, including hospitals and private entities to the extent permissible under federal law.
(c) An eligible provider's supplemental reimbursement pursuant to this section shall be calculated and paid as follows:
(1) The supplemental reimbursement to an eligible provider, as described in subsection (b), shall be equal to the amount of federal financial participation received as a result of the claims submitted pursuant to subsection (f)(2);
(2) in no instance may the amount certified pursuant to subsection (e)(1), when combined with the amount received from all other sources of reimbursement from the medicaid program, exceed or be less than 100% of actual costs, as determined pursuant to the medicaid state plan, for ground emergency medical transportation services; and
(3) the supplemental medicaid reimbursement provided by this section must be distributed exclusively to eligible providers under a payment methodology based on ground emergency medical transportation services provided to medicaid beneficiaries by eligible providers on a per-transport basis or other federally permissible basis. The department of health and environment shall obtain approval from the federal centers for medicare and medicaid services for the payment methodology to be utilized, and shall not make any payment pursuant to this section prior to obtaining that approval.
(d) (1) It is the legislature's intent in enacting this section to provide the supplemental reimbursement described in this section without any expenditure from the state general fund. An eligible provider, as a condition of receiving supplemental reimbursement pursuant to this section, shall enter into, and maintain, an agreement with the department for the purposes of implementing this section and reimbursing the department for the costs of administering this section.
(2) The nonfederal share of the supplemental reimbursement submitted to the federal centers for medicare and medicaid services for purposes of claiming federal financial participation shall be paid only with funds from the governmental entities described in subsection (b)(3) and certified to the state as provided in subsection (e).
(e) Participation in the program by an eligible provider described in this section is voluntary. If an applicable governmental entity elects to seek supplemental reimbursement pursuant to this section on behalf of an eligible provider, the governmental entity shall do the following:
(1) Certify, in conformity with the requirements of 42 C.F.R. § 433.51, that the claimed expenditures for the ground emergency medical transportation services are eligible for federal financial participation;
(2) provide evidence supporting the certification as specified by the department;
(3) submit data as specified by the department to determine the appropriate amounts to claim as expenditures qualifying for federal financial participation; and
(4) keep, maintain, and have readily retrievable any records specified by the department to fully disclose reimbursement amounts to which the eligible provider is entitled, and any other records required by the federal centers for medicare and medicaid services.
(f) The department shall promptly seek any necessary federal approvals for the implementation of this section. The department may limit the program to those costs that are allowable expenditures under title XIX of the federal social security act, 42 U.S.C. § 1396 et seq. If federal approval is not obtained for implementation of this section, this section shall not be implemented.
(1) The department shall submit claims for federal financial participation for the expenditures for the services described in subsection (e) that are allowable expenditures under federal law.
(2) The department shall submit any necessary materials to the federal government to provide assurances that claims for federal financial participation will include only those expenditures that are allowable under federal law. The department may utilize intergovernmental transfers or certified public expenditures to implement this section subject to the same provisions and requirements of K.S.A. 65-6160, and amendments thereto.
History: L. 2017, ch. 94, § 1; July 1.
§ 65-6160 Same; intergovernmental transfer program; duties of department of health and environment; requirements; no additional state general fund expenditures; federal approval
(a) The department of health and environment shall design and implement, in consultation and coordination with eligible providers as described in subsection (b), an intergovernmental transfer program relating to medicaid managed care, ground emergency medical transport services and those services provided by emergency medical services personnel at the emergency medical responder, emergency medical technician, advanced emergency medical technician and paramedic levels in the pre-stabilization and preparation for transport.
(b) A provider shall be eligible to transfer public funds to the state pursuant to this section only if the provider meets both of the following conditions in an applicable reporting period:
(1) Provides ground emergency medical transport services to medicaid managed care enrollees pursuant to a contract or other arrangement with a medicaid managed care plan; and
(2) is owned or operated by the state, a political subdivision or local government that employs or contracts with persons or providers who are licensed or permitted to provide emergency medical services in the state of Kansas, including hospitals and private entities to the extent permissible under federal law.
(c) To the extent intergovernmental transfers are voluntarily made by, and accepted from, an eligible provider described in subsection (b), or a governmental entity affiliated with an eligible provider, the department shall make increased capitation payments to applicable medicaid managed care plans.
(1) The increased capitation payments made pursuant to this section shall be, at a minimum, in actuarially determined amounts to the extent permissible under federal law.
(2) Except as provided in subsection (f), funds associated with intergovernmental transfers made and accepted pursuant to this section shall be used to fund additional payments to medicaid managed care plans.
(3) Medicaid managed care plans shall enter into contracts or contract amendments with eligible providers for the disbursement of increased capitation payments made pursuant to this section.
(d) The intergovernmental transfer program developed pursuant to this section shall be implemented on the date federal approval is obtained, and only to the extent intergovernmental transfers from the eligible provider, or the governmental entity with which it is affiliated, are provided for this purpose. To the extent permissible under federal law, the department shall implement the intergovernmental transfer program and increased capitation payments under this section on a retroactive basis as approved by the federal centers for medicare and medicaid services.
(e) Participation in the intergovernmental transfers under this section is voluntary on the part of the transferring entities for purposes of all applicable federal laws.
(f) This section shall be implemented without any additional expenditure from the state general fund. As a condition of participation under this section, each eligible provider as described in subsection (b), or the governmental entity affiliated with an eligible provider, shall agree to reimburse the department for any costs associated with implementing this section. Intergovernmental transfers described in this section are subject to an administration fee of up to 20% of the non-federal share paid to the department and shall be allowed to count as a cost of providing the services not to exceed 120% of the total amount.
(g) As a condition of participation under this section, medicaid managed care plans, eligible providers as described in subsection (b), and governmental entities affiliated with eligible providers shall agree to comply with any requests for information or similar data requirements imposed by the department for purposes of obtaining supporting documentation necessary to claim federal funds or to obtain federal approvals.
(h) This section shall be implemented only if and to the extent federal financial participation is available and is not otherwise jeopardized and any necessary federal approvals have been obtained.
(i) To the extent that the department determines that the payments made pursuant to this section do not comply with federal medicaid requirements, the department may return or not accept an intergovernmental transfer and may adjust payments pursuant to this section as necessary to comply with federal medicaid requirements.
(j) The state of Kansas and the department of health and environment shall implement whatever program the federal centers for medicare and medicaid services approves for use in Kansas under K.S.A. 65-6159 and 65-6160, and amendments thereto.
History: L. 2017, ch. 94, § 2; July 1.
Article 62 Miscellaneous Provisions
§ 65-6201 Individuals in need of in-home care; definitions
As used in this act:
(a) "Attendant care services" means those basic and ancillary services which enable an individual in need of in-home care to live in the individual's home and community rather than in an institution and to carry out functions of daily living, self-care and mobility.
(b) "Basic services" shall include, but not be limited to:
(1) Getting in and out of bed, wheelchair or motor vehicle, or both;
(2) assistance with routine bodily functions including, but not limited to:
(A) Health maintenance activities;
(B) bathing and personal hygiene;
(C) dressing and grooming; and
(D) feeding, including preparation and cleanup.
(c) "Ancillary services" means services ancillary to the basic services provided to an individual in need of in-home care who needs one or more of the basic services, and include the following:
(1) Homemaker-type services, including but not limited to, shopping, laundry, cleaning and seasonal chores;
(2) companion-type services including but not limited to, transportation, letter writing, reading mail and escort; and
(3) assistance with cognitive tasks including, but not limited to, managing finances, planning activities and making decisions.
(d) "Health maintenance activities" include, but are not limited to, catheter irrigation; administration of medications, enemas and suppositories; and wound care, if such activities in the opinion of the attending physician or licensed professional nurse may be performed by the individual if the individual were physically capable, and the procedure may be safely performed in the home.
(e) "Individual in need of in-home care" means any functionally disabled individual in need of attendant care services because of impairment who requires assistance to complete functions of daily living, self-care and mobility, including, but not limited to, those functions included in the definition of attendant care services.
(f) "Physician" means a person licensed to practice medicine and surgery.
History: L. 1989, ch. 191, § 1; L. 1990, ch. 233, § 5; April 26.
§ 65-6202 Hospice certified to participate in medicare program may hold itself out to public as hospice or licensed hospice; prohibitions; enforcement
(a) Each hospice located in this state which is certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq. and amendments thereto shall be known and may hold itself out to the public as a hospice or as a licensed hospice so long as such hospice is certified to participate in the medicare program.
(b) Prior to January 1, 1996, an agency, organization or other entity which is engaged primarily in providing hospice services but which is not certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq. and amendments thereto may hold itself out to the public as a hospice.
(c) On and after January 1, 1996, no agency, organization or other entity other than a hospice certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq. and amendments thereto shall hold itself out to the public as a hospice or as a licensed hospice.
(d) The secretary of health and environment may file for an injunction against any agency, organization or other entity or person to restrain or prevent any violations of the provisions of this section.
History: L. 1994, ch. 6, § 1; March 3.
§ 65-6203 Discharges detrimental to water or soil; allocation of responsibility
(a) It shall be the duty of any person responsible for an accidental release or discharge of materials detrimental to the quality of the waters or soil of the state to: (1) Compensate the owner of the property where the release or discharge occurred for actual damages incurred as the result of the release or discharge, or as the result of corrective action taken or access to take corrective action, if the release or discharge occurred without any contribution to the contamination and without any causal connection to the release or discharge by any action of the owner or owner-permitted occupant of the property; and (2) comply with all existing rules and regulations and requirements of the secretary of health and environment designed to ensure the prompt correction of any such release or discharge for the protection of the public health and environment.
(b) Any owner or subsequent purchaser of land, upon which there has occurred an accidental release or discharge of materials detrimental to the quality of the waters or soil of the state, which occurred without any contribution to the contamination and without any causal connection to the release or discharge by any action of the owner or the owner-permitted occupant of the property, shall not be liable for any costs of subsequent remedial action required as a result of changes in standards adopted after the time of such accident, if such owner or purchaser can demonstrate that: (1) The persons responsible for the correction of the release or discharge were allowed timely and adequate access to perform the duty imposed by subsection (a)(2), upon reasonable prior assurance that any actual damages incurred as the result of allowing access will be promptly reimbursed, and the secretary of health and environment, or the secretary's agents, were allowed timely and adequate access to oversee the corrective action; and (2) the secretary of health and environment has approved the corrective action and certified that the action taken has met all requirements and rules and regulations of the secretary, or conditions of administrative orders or agreements which were in effect at the time of the accidental release or discharge. The provisions of this section shall apply to both releases and discharges and remedial actions taken prior to the effective date of this act and releases and discharges and remedial actions taken hereafter.
(c) The secretary of health and environment is hereby authorized to adopt rules and regulations necessary for the administration of the provisions of this section.
(d) Neither the state, nor any officer, employee or department of the state, shall incur any liability by reason of approval of any corrective action plan or any certification pursuant to this section.
(e) The provisions of this section shall not apply to any release or discharge under the jurisdiction of the state corporation commission.
History: L. 1996, ch. 189, § 2; January 1, 1997.
§ 65-6204 Background information on certain applicants for employment; secretary of health and environment to provide for processing information requested
The secretary of health and environment shall provide for the implementation of the processing of information requested from the department of health and environment on an incremental basis. This implementation shall be completed so that adult care homes and home health agencies may receive information required under this act [*] no later than July 1, 1998.
History: L. 1997, ch. 161, § 3; July 1.
§ 65-6205 Background information on certain applicants for employment; request for information by certain entities; exemption from civil liability for certain actions taken in good faith based on such information
(a) A community service provider as defined in K.S.A. 39-1803, and amendments thereto, a mental health center as defined in K.S.A. 65-4432, and amendments thereto, and an independent living agency as defined in K.S.A. 65-5101, and amendments thereto, may request for the purpose of obtaining background information on applicants for employment with such entity information:
(1) From the Kansas department for children and families as to whether such applicant has committed an act of physical, mental or emotional abuse or neglect or sexual abuse as validated by the Kansas department for children and families pursuant to K.S.A. 38-2226, and amendments thereto;
(2) from the Kansas department for children and families as to whether such applicant has been found to have committed an act of abuse, neglect or exploitation of a resident as contained in the register of reports under K.S.A. 39-1404, and amendments thereto, or an act of abuse, neglect or exploitation of an adult as contained in the register of reports under K.S.A. 39-1434, and amendments thereto;
(3) from the department for aging and disability services as to whether such applicant has been found to have committed an act of abuse, neglect or exploitation of a resident as contained in the register of reports under K.S.A. 39-936 and 39-1411, and amendments thereto;
(4) from the department for aging and disability services any information concerning the applicant in the state registry which contains information about unlicensed employees of adult care homes under K.S.A. 39-936, and amendments thereto.
(b) No community service provider, mental health center or independent living agency shall be liable for civil damages to any person refused employment, discharged from employment or whose terms of employment are affected because of actions taken by the community service provider, mental health center or independent living agency in good faith based on information received under this section.
History: L. 1997, ch. 161, § 4; L. 2006, ch. 200, § 111; L. 2014, ch. 115, § 271; July 1.
§ 65-6206 Expired
History: L. 2000, ch. 135, § 1; Expired, July 1, 2005.
§ 65-6207 Definitions
As used in K.S.A. 65-6207 to 65-6220, inclusive, and amendments thereto, the following have the meaning respectively ascribed thereto, unless the context requires otherwise:
(a) "Department" means the Kansas department for aging and disability services or the Kansas department of health and environment, or both.
(b) "Fund" means the health care access improvement fund.
(c) "Health maintenance organization" has the meaning provided in K.S.A. 40-3202, and amendments thereto.
(d) "Hospital" has the meaning provided in K.S.A. 65-425, and amendments thereto.
(e) "Hospital provider" means a person licensed by the department of health and environment to operate, conduct or maintain a hospital, regardless of whether the person is a federal medicaid provider.
(f) "Pharmacy provider" means an area, premises or other site where drugs are offered for sale, where there are pharmacists, as defined in K.S.A. 65-1626, and amendments thereto, and where prescriptions, as defined in K.S.A. 65-1626, and amendments thereto, are compounded and dispensed.
(g) "Assessment revenues" means the revenues generated directly by the assessments imposed by K.S.A. 65-6208 and 65-6213, and amendments thereto, any penalty assessments and all interest credited to the fund under this act, and any federal matching funds obtained through the use of such assessments, penalties and interest amounts.
History: L. 2004, ch. 89, § 1; L. 2014, ch. 115, § 272; July 1.
§ 65-6208 Assessment imposed on hospital providers; rate
(a) Subject to the provisions of K.S.A. 65-6209, and amendments thereto, an annual assessment on services is imposed on each hospital provider in an amount not greater than 6% of each hospital's net inpatient and outpatient operating revenue, as determined by the healthcare access improvement panel in consultation with the department of health and environment, for the hospital's fiscal year three years prior to the assessment year. In the event that a hospital does not have a complete 12-month fiscal year in such third prior fiscal year, the assessment under this section shall be $200,000 until such date that such hospital has completed the hospital's first 12-month fiscal year. Upon completing such first 12-month fiscal year, such hospital's assessment under this section shall be the amount not greater than 6% of such hospital's net inpatient and outpatient operating revenue, as determined by the healthcare access improvement panel in consultation with the department of health and environment, for such first completed 12-month fiscal year.
(b) Nothing in this act shall be construed to authorize any home rule unit or other unit of local government to license for revenue or impose a tax or assessment upon hospital providers or a tax or assessment measured by the income or earnings of a hospital provider.
History: L. 2004, ch. 89, § 2; L. 2012, ch. 102, § 56; L. 2020, ch. 7, § 1; L. 2020, ch. 10, § 9; L. 2025, ch. 93, § 5; July 1.
§ 65-6209 Exemption from assessment imposed by K.S.A. 65-6208 for certain hospital providers
(a) A hospital provider that is a state agency, the authority, as defined in K.S.A. 76-3304, and amendments thereto, a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, a critical access hospital, as defined in K.S.A. 65-468, and amendments thereto, with revenues below the threshold determined by the healthcare access improvement panel, or a rural emergency hospital licensed under the rural emergency hospital act, K.S.A. 2025 Supp. 65-481 et seq., and amendments thereto, with revenues below the threshold determined by the healthcare access improvement panel, is exempt from the assessment imposed by K.S.A. 65-6208, and amendments thereto.
(b) A hospital operated by the department in the course of performing its mental health or developmental disabilities functions is exempt from the assessment imposed by K.S.A. 65-6208, and amendments thereto.
History: L. 2004, ch. 89, § 3; L. 2023, ch. 57, § 1; L. 2025, ch. 93, § 6; July 1.
§ 65-6210 Payment date of assessment imposed by K.S.A. 65-6208 for hospitals; delayed payment schedules; legal action; penalties
(a) The assessment imposed by K.S.A. 65-6208, and amendments thereto, for any state fiscal year to which this statute applies shall be due and payable in equal installments on or before May 30 and November 30, commencing with whichever date first occurs after the hospital has received payments for 150 days after the effective date of the payment methodology approved by the centers for medicare and medicaid services. No installment payment of an assessment under this act shall be due and payable, until after:
(1) The hospital provider receives written notice from the department that the payment methodologies to hospitals required under this act have been approved by the centers for medicare and medicaid services of the United States department of health and human services under 42 C.F.R. § 433.68 for the assessment imposed by K.S.A. 65-6208, and amendments thereto, has been granted by the centers for medicare and medicaid services of the United States department of health and human services; and
(2) in the case of a hospital provider, the hospital has received payments for 150 days after the effective date of the payment methodology approved by the centers for medicare and medicaid services.
(b) The department is authorized to establish delayed payment schedules for hospital providers that are unable to make installment payments when due under this section due to financial difficulties, as determined by the department.
(c) If a hospital provider fails to pay the full amount of an installment when due, including any extensions granted under this section, there shall be added to the assessment imposed by K.S.A. 65-6208, and amendments thereto, unless waived by the department for reasonable cause, a penalty assessment equal to the lesser of:
(1) An amount equal to 5% of the installment amount not paid on or before the due date plus 5% of the portion thereof remaining unpaid on the last day of each month thereafter; or
(2) an amount equal to 100% of the installment amount not paid on or before the due date.
For purposes of this subsection, payments shall be credited first to unpaid installment amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.
(d) The department is authorized to take legal action against any hospital that fails to pay the amount due, including penalties, upon recommendation of the healthcare access improvement program panel, unless such hospital has established and is compliant with a payment schedule approved by the department.
(e) The effective date for the payment methodology applicable to hospital providers approved by the centers for medicare and medicaid services shall be the date of July 1 or January 1, whichever date is designated in the state plan submitted by the department of health and environment for approval by the centers for medicare and medicaid services.
History: L. 2004, ch. 89, § 4; L. 2004, ch. 141, § 1; L. 2014, ch. 115, § 273; L. 2025, ch. 93, § 7; July 1.
§ 65-6211 Same; notice of assessment; method of payment; assessment adjustment when a hospital ceases operations
(a) After December 31 of each year, except as otherwise provided in this subsection, and on or before March 31 of the succeeding year, the department shall send a notice of assessment to every hospital provider subject to assessment under this act.
(b) The hospital provider notice of assessment shall notify the hospital provider of its assessment for the state fiscal year commencing on the next July 1.
(c) If a hospital provider operates, conducts or maintains more than one licensed hospital in the state, the hospital provider shall pay the assessment for each hospital separately.
(d) Notwithstanding any other provision in this act, in the case of a person who ceases to operate, conduct or maintain a hospital in respect of which the person is subject to assessment in K.S.A. 65-6208, and amendments thereto, as a hospital provider, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the assessment computed under K.S.A. 65-6208, and amendments thereto, by a fraction, the numerator of which is the number of the days during the year during which the provider operates, conducts or maintains a hospital and the denominator of which is 365. Immediately upon ceasing to operate, conduct or maintain a hospital, the person shall pay the adjusted assessment for that state fiscal year, to the extent not previously paid.
(e) Notwithstanding any other provision in this act, a person who commences operating, conducting or maintaining a hospital shall pay the assessment computed under subsection (a) of K.S.A. 65-6208, and amendments thereto, in installments on the due dates stated in the notice and on the regular installment due dates for the state fiscal year occurring after the due dates of the initial notice.
History: L. 2004, ch. 89, § 5; April 22.
§ 65-6212 Hospital provider assessments not imposed or discontinued, when; disbursement or refund of proceeds
(a) The assessment imposed by K.S.A. 65-6208, and amendments thereto, shall not take effect or shall cease to be imposed and any moneys remaining in the fund attributable to assessments imposed under K.S.A. 65-6208, and amendments thereto, shall be refunded to hospital providers in proportion to the amounts paid by them if the payments to hospitals required under subsection (a) of K.S.A. 65-6218, and amendments thereto, are changed or are not eligible for federal matching funds under title XIX or XXI of the federal social security act.
(b) The assessment imposed by K.S.A. 65-6208, and amendments thereto, shall not take effect or shall cease to be imposed if the assessment is determined to be an impermissible tax under title XIX of the federal social security act. Moneys in the health care access improvement fund derived from assessments imposed prior thereto shall be disbursed in accordance with subsection (a) of K.S.A. 65-6218, and amendments thereto, to the extent that federal matching is not reduced due to the impermissibility of the assessments and any remaining moneys shall be refunded to hospital providers in proportion to the amounts paid by them.
History: L. 2004, ch. 89, § 12; April 22.
§ 65-6213 Assessment imposed on health maintenance organizations, rate
The department shall assess each health maintenance organization that has a medicaid managed care contract awarded by the state and administered by the department an assessment fee that equals 5.9% of nonmedicare premiums collected by that health maintenance organization. The assessment shall be calculated by reference to information contained in the health maintenance organization's statement filings for the previous state fiscal year.
History: L. 2004, ch. 89, § 7; April 22.
§ 65-6214 Same; payment date for health maintenance organizations; delayed payment schedules; penalties
(a) The assessment imposed by K.S.A. 65-6213, and amendments thereto, for any state fiscal year to which this statute applies shall be due and payable in equal installments on or before June 30 and December 31, commencing with whichever date first occurs after the health maintenance organization has received payments for 150 days after the effective date of the payment methodology approved by the centers for medicare and medicaid services. No installment payment of an assessment under this act shall be due and payable, however, until after:
(1) The health maintenance organization receives written notice from the department that the payment methodologies to health maintenance organizations required under this act have been approved by the centers for medicare and medicaid services of the United States department of health and human services and the state plan amendment for the assessment imposed by K.S.A. 65-6213, and amendments thereto, has been granted by the centers for medicare and medicaid services of the United States department of health and human services; and
(2) the health maintenance organization has received payments for 150 days after the effective date of the payment methodology approved by the centers for medicare and medicaid services.
(b) The department is authorized to establish delayed payment schedules for health maintenance organizations that are unable to make installment payments when due under this section due to financial difficulties, as determined by the department.
(c) If a health maintenance organization fails to pay the full amount of an installment when due, including any extensions of time for delayed payment granted under this section, there shall be added to the assessment imposed by K.S.A. 65-6213, and amendments thereto, unless waived by the department for reasonable cause, a penalty assessment equal to the lesser of:
(1) An amount equal to 5% of the installment amount not paid on or before the due date plus 5% of the portion thereof remaining unpaid on the last day of each month thereafter; or
(2) an amount equal to 100% of the installment amount not paid on or before the due date.
For purposes of this subsection (c), payments shall be credited first to unpaid installment amounts, rather than to penalty or interest amounts, beginning with the most delinquent installment.
(d) The effective date for the payment methodology applicable to health maintenance organizations approved by the centers for medicare and medicaid services shall be the date of July 1 or January 1, whichever date is designated in the state plan submitted by the department of health and environment for approval by the centers for medicare and medicaid services.
History: L. 2004, ch. 89, § 8; L. 2004, ch. 141, § 2; L. 2014, ch. 115, § 274; July 1.
§ 65-6215 Same; notice of assessment; method of payment; assessment adjustment when a health maintenance organization ceases operations
(a) After December 31 of each year, except as otherwise provided in this subsection, and on or before March 31 of the succeeding year, the department shall send a notice of assessment to every health maintenance organization subject to assessment under this act.
(b) The health maintenance organization notice of assessment shall notify the health maintenance organization of its assessment for the state fiscal year commencing on the next July 1.
(c) If a health maintenance organization operates, conducts or maintains more than one health maintenance organization in the state, the health maintenance organization shall pay the assessment for each health maintenance organization separately.
(d) Notwithstanding any other provision in this act, in the case of a person who ceases to operate, conduct or maintain a health maintenance organization in respect of which the person is subject to assessment in K.S.A. 65-6213, and amendments thereto, as a health maintenance organization, the assessment for the state fiscal year in which the cessation occurs shall be adjusted by multiplying the assessment computed under K.S.A. 65-6213, and amendments thereto, by a fraction, the numerator of which is the number of days during the year during which the health maintenance organization operates, conducts or maintains a health maintenance organization and the denominator of which is 365. Immediately upon ceasing to operate, conduct or maintain a health maintenance organization, the person shall pay the adjusted assessment for the state fiscal year, to the extent not previously paid.
(e) Notwithstanding any other provision in this act, a person who commences operating, conducting or maintaining a health maintenance organization shall pay the assessment computed under K.S.A. 65-6213, and amendments thereto, in installments on the due dates stated in the notice and on the regular installment due dates for the state fiscal year occurring after the due dates of the initial notice.
History: L. 2004, ch. 89, § 9; April 22.
§ 65-6216 Health maintenance organization assessments not imposed or discontinued, when; disbursement or refund of proceeds
(a) The assessment imposed by K.S.A. 65-6213, and amendments thereto, shall not take effect or shall cease to be imposed and any moneys remaining in the fund attributable to the assessment imposed by K.S.A. 65-6213, and amendments thereto, shall be refunded to health maintenance organizations in proportion to the amounts paid by such health maintenance organizations if the payments to health maintenance organizations required under subsection (b) of K.S.A. 65-6218, and amendments thereto, are changed or are not eligible for federal matching funds under title XIX or XXI of the federal social security act.
(b) The assessment imposed by K.S.A. 65-6213, and amendments thereto, shall not take effect or shall cease to be imposed if the assessment is determined to be an impermissible tax under title XIX of the federal social security act. Moneys in the health care access improvement fund derived from assessments imposed prior thereto shall be disbursed in accordance with subsection (b) of K.S.A. 65-6218, and amendments thereto, to the extent that federal matching is not reduced due to the impermissibility of the assessments and any remaining moneys shall be refunded to health maintenance organizations in proportion to the amounts paid by such health maintenance organizations.
History: L. 2004, ch. 89, § 10; April 22.
§ 65-6217 Health care access improvement fund; amounts credited; authorized expenditures; interest earnings; accrual accounting procedure
(a) There is hereby created in the state treasury the health care access improvement fund, which shall be administered by the secretary of health and environment. All moneys received for the assessments imposed by K.S.A. 65-6208 and 65-6213, and amendments thereto, including any penalty assessments imposed thereon, shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the health care access improvement fund. All expenditures from the health care access improvement fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee.
(b) The fund shall not be used to replace any moneys appropriated by the legislature for the department's medicaid program.
(c) The fund is created for the purpose of receiving moneys in accordance with this act and disbursing moneys only for the purpose of improving health care delivery and related health activities, notwithstanding any other provision of law.
(d) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the health care access improvement fund interest earnings based on:
(1) The average daily balance of moneys in the health care access improvement fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(e) The fund shall consist of the following:
(1) All moneys collected or received by the department from the hospital provider assessment and the health maintenance organization assessment imposed by this act;
(2) any interest or penalty levied in conjunction with the administration of this act; and
(3) all other moneys received for the fund from any other source.
(f) (1) On July 1 of each fiscal year, the director of accounts and reports shall record a debit to the state treasurer's receivables for the health care access improvement fund and shall record a corresponding credit to the health care access improvement fund in an amount certified by the director of the budget which shall be equal to the sum of 80% of the moneys estimated by the director of the budget to be received from the assessment imposed on hospital providers pursuant to K.S.A. 65-6208, and amendments thereto, and credited to the health care access improvement fund during such fiscal year, plus 53% of the moneys estimated by the director of the budget to be received from the assessment imposed on health maintenance organizations pursuant to K.S.A. 65-6213, and amendments thereto, and credited to the health care access improvement fund during such fiscal year, except that such amount shall be proportionally adjusted during such fiscal year with respect to any change in the moneys estimated by the director of the budget to be received for such assessments, deposited in the state treasury and credited to the health care access improvement fund during such fiscal year. Among other appropriate factors, the director of the budget shall take into consideration the estimated and actual receipts from such assessments for the current fiscal year and the preceding fiscal year in determining the amount to be certified under this subsection (f). All moneys received for the assessments imposed pursuant to K.S.A. 65-6208 and 65-6213, and amendments thereto, deposited in the state treasury and credited to the health care access improvement fund during a fiscal year shall reduce the amount debited and credited to the health care access improvement fund under this subsection (f) for such fiscal year.
(2) On June 30 of each fiscal year, the director of accounts and reports shall adjust the amounts debited and credited to the state treasurer's receivables and to the health care access improvement fund pursuant to this subsection (f), to reflect all moneys actually received for the assessments imposed pursuant to K.S.A. 65-6208 and 65-6213, and amendments thereto, deposited in the state treasury and credited to the health care access improvement fund during the current fiscal year.
(3) The director of accounts and reports shall notify the state treasurer of all amounts debited and credited to the health care access improvement fund pursuant to this subsection (f) and all reductions and adjustments thereto made pursuant to this subsection (f). The state treasurer shall enter all such amounts debited and credited and shall make reductions and adjustments thereto on the books and records kept and maintained for the health care access improvement fund by the state treasurer in accordance with the notice thereof.
History: L. 2004, ch. 89, § 11; L. 2004, ch. 141, § 3; L. 2014, ch. 115, § 275; July 1.
§ 65-6218 Assessment revenues; guidelines for disbursement; supplemental funding prohibited; healthcare access improvement panel; composition, organization and annual report; federal approval of changes
(a) (1) Assessment revenues generated from the hospital provider assessments shall be disbursed as follows:
(A) Not less than 80% of assessment revenues shall be disbursed to hospital providers through a combination of medicaid access improvement payments and increased medicaid rates on designated diagnostic related groupings, procedures or codes;
(B) not more than 20% of assessment revenues shall be disbursed to providers who are persons licensed to practice medicine and surgery or dentistry through increased medicaid rates on designated procedures and codes; and
(C) not more than 3.2% of hospital provider assessment revenues shall be used to fund healthcare access improvement programs in undergraduate, graduate or continuing medical education, including the medical student loan act.
(2) On July 1 of each year, the department of health and environment, with approval of the healthcare access improvement panel, shall make adjustments to the disbursement of moneys in accordance with this subsection to cause such disbursements to be paid solely from moneys appropriated from the healthcare access improvement fund. The healthcare access improvement fund shall not be supplemented by appropriations from the state general fund for the purpose of making disbursements under this subsection.
(b) For the purposes of administering and selecting the disbursements described in subsections (a) and (b), the healthcare access improvement panel is hereby established. The panel shall consist of the following: Three members appointed by the Kansas hospital association, two members appointed by the Kansas medical society, one member appointed by each health maintenance organization that has a medicaid managed care contract with the department of health and environment, one member appointed by the community care network of Kansas, one member appointed by the president of the senate, one member appointed by the speaker of the house of representatives, one member from the office of the medicaid inspector general appointed by the attorney general and one representative of the department of health and environment appointed by the governor. The panel shall elect a chairperson from among the members appointed by the Kansas hospital association. A representative of the panel shall be required to make an annual report to the legislature regarding the collection and distribution of all funds received and distributed under this act, and such report shall include analysis demonstrating that disbursements made in accordance with subsection (a) are budget neutral to the state general fund.
(c) (1) The department of health and environment shall submit to the United States centers for medicare and medicaid services any approval request necessary to implement the amendments made to this section by this act. If the department has submitted such a request pursuant to section 80(l) of chapter 68 of the 2019 Session Laws of Kansas, then the department may continue such request, or modify such request to conform to the amendments made to subsections (a) and (b) by this act, to fulfill the requirements of this paragraph.
(2) The secretary of health and environment shall certify to the secretary of state the receipt of such approval and cause notice of such approval to be published in the Kansas register.
(3) The amendments made to subsections (a) and (b) by this act shall take effect on and after January 1 or July 1 immediately following such publication of such approval.
History: L. 2004, ch. 89, § 13; L. 2004, ch. 141, § 4; L. 2014, ch. 115, § 276; L. 2020, ch. 7, § 2; April 9.
§ 65-6219 Administration and enforcement of act
To the extent practicable, the department shall administer and enforce this act and collect the assessments, interest and penalty assessments imposed under this act using procedures generally employed in the administration of the department's other powers, duties and functions.
History: L. 2004, ch. 89, § 6; April 22.
§ 65-6220 Rules and regulations
The secretary for aging and disability services with the advice and subject to the approval of the health care access improvement panel may adopt rules and regulations necessary to implement this act.
History: L. 2004, ch. 89, § 14; L. 2014, ch. 115, § 277; July 1.
§§ 65-6221 through 65-6229 Reserved
§ 65-6230 Health care compact
This section shall be known and may be cited as the health care compact.
THE HEALTH CARE COMPACT
ARTICLE I DEFINITIONS
As used in this compact, unless the context clearly indicates otherwise:
(a) "Commission" means the interstate advisory health care commission.
(b) "Effective date" means the date upon which this compact shall become effective for purposes of the operation of state and federal law in a member state, which shall be the later of:
(1) The date upon which this compact shall be adopted under the laws of the member state, and
(2) the date upon which this compact receives the consent of congress pursuant to article I, section 10, of the United States constitution, after at least two member states adopt this compact.
(c) "Health care" means care, services, supplies, or plans related to the health of an individual and includes but is not limited to:
(1) Preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body;
(2) sale or dispensing of a drug, device, equipment or other item in accordance with a prescription; and
(3) an individual or group plan that provides, or pays the cost of, care, services or supplies related to the health of an individual, except any care, services, supplies or plans provided by the United States department of defense and United States department of veterans affairs, or provided to Native Americans.
(d) "Member state" means a state that is signatory to this compact and has adopted it under the laws of that state.
(e) "Member state base funding level" means a number equal to the total federal spending on health care in the member state during federal fiscal year 2010. On or before the effective date, each member state shall determine the member state base funding level for its state, and that number shall be binding upon that member state. The preliminary estimate of member state base funding level for the state of Kansas is $6,985,000,000.
(f) "Member state current year funding level" means the member state base funding level multiplied by the member state current year population adjustment factor multiplied by the current year inflation adjustment factor.
(g) "Member state current year population adjustment factor" means the average population of the member state in the current year less the average population of the member state in federal fiscal year 2010, divided by the average population of the member state in federal fiscal year 2010, plus 1. Average population in a member state shall be determined by the United States census bureau.
(h) "Current year inflation adjustment factor" means the total gross domestic product deflator in the current year divided by the total gross domestic product deflator in federal fiscal year 2010. Total gross domestic product deflator shall be determined by the bureau of economic analysis of the United States department of commerce.
ARTICLE II PLEDGE
The member states shall take joint and separate action to secure the consent of the United States congress to this compact in order to return the authority to regulate health care to the member states consistent with the goals and principles articulated in this compact. The member states shall improve health care policy within their respective jurisdictions and according to the judgment and discretion of each member states.
ARTICLE III LEGISLATIVE POWER
The legislatures of the member states have the primary responsibility to regulate health care in their respective states.
ARTICLE IV STATE CONTROL
Each member state, within its state, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding health care that are inconsistent with the laws and regulations adopted by the member state pursuant to this compact. Federal and state laws, rules, regulations, and orders regarding health care will remain in effect unless a member state expressly suspends them pursuant to its authority under this compact. For any federal law, rule, regulation, or order that remains in effect in a member state after the effective date, that member state shall be responsible for the associated funding obligations in its state.
ARTICLE V FUNDING
(a) Each federal fiscal year, each member state shall have the right to federal monies up to an amount equal to its member state current year funding level for that federal fiscal year, funded by congress as mandatory spending and not subject to annual appropriation, to support the exercise of member state authority under this compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the member state.
(b) By the start of each federal fiscal year, congress shall establish an initial member state current year funding level for each member state, based upon reasonable estimates. The final member state current year funding level shall be calculated, and funding shall be reconciled by the United States congress based upon information provided by each member state and audited by the United States government accountability office.
ARTICLE VI INTERSTATE ADVISORY HEALTH CARE COMMISSION
(a) The interstate advisory health care commission is established. The commission consists of members appointed by each member state through a process to be determined by each member state. A member state may not appoint more than two members to the commission and may withdraw membership from the commission at any time. Each commission member is entitled to one vote. The commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the commission's total membership.
(b) The commission may elect from among its membership a chairperson. The commission may adopt and publish bylaws and policies that are not inconsistent with this compact. The commission shall meet at least once a year, and may meet more frequently.
(c) The commission may study issues of health care regulation that are of particular concern to the member states. The commission may make non-binding recommendations to the member states. The legislatures of the member states may consider these recommendations in determining the appropriate health care policies in their respective states.
(d) The commission shall collect information and data to assist the member states in their regulation of health care, including assessing the performance of various state health care programs and compiling information on the prices of health care. The commission shall make this information and data available to the legislatures of the member states. Notwithstanding any other provision in this compact, no member state shall disclose to the commission the health information of any individual, nor shall the commission disclose the health information of any individual.
(e) The commission shall be funded by the member states as agreed to by the member states. The commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the member states in accordance with the terms of this compact.
(f) The commission shall not take any action within a member state that contravenes any state law of that member state.
ARTICLE VII CONGRESSIONAL CONSENT
This compact shall be effective on its adoption by at least two member states and consent of the United States congress. This compact shall be effective unless the United States congress, in consenting to this compact, alters the fundamental purposes of this compact, which are:
(a) To secure the right of the member states to regulate health care in their respective states pursuant to this compact and to suspend the operation of any conflicting federal laws, rules, regulations and orders within their states; and
(b) to secure federal funding for member states that choose to invoke their authority under this compact, as prescribed by article 5.
ARTICLE VIII AMENDMENTS
The member states, by unanimous agreement, may amend this compact from time to time without the prior consent or approval of congress and any amendment shall be effective unless, within one year, the congress disapproves that amendment. Any state may join this compact after the date on which congress consents to the compact by adoption into law under its state constitution.
ARTICLE IX WITHDRAWAL; DISSOLUTION
Any member state may withdraw from this compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the governor of the withdrawing member state has given notice of the withdrawal to the other member states. A withdrawing state shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This compact shall be dissolved upon the withdrawal of all but one of the member states.
History: L. 2014, ch. 96, § 1; July 1.
§ 65-6231 Health care freedom act
(a) A resident of this state has the right to purchase health insurance or refuse to purchase health insurance. The government shall not interfere with a resident's right to purchase health insurance or with a resident's right to refuse to purchase health insurance.
(b) A resident of this state has the right to enter into a private contract with health care providers for lawful health care services. The government shall not interfere with a resident's right to purchase lawful health care services.
(c) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.
(d) No state agency, board, commission or any other governmental entity shall require an agreement to participate in medicare, medicaid or any other insurance plan, health care system or health information technology or benefit exchange as a condition for original application or renewal of license, registration or certification for a health care provider.
(e) No state agency, board, commission or any other governmental entity shall prohibit participation in a health information organization for any health information technology or benefit exchange purposes by a health care provider based on whether such health care provider participates in medicare, medicaid or any other insurance plans or health care systems.
(f) The government shall not enact a law that would restrict these rights or that would impose a form of punishment for exercising these rights. No provision of this section shall render a resident of this state liable for any punishment, penalty, assessment, fee or fine as a result of such resident's failure to procure or obtain health insurance coverage or participate in any health care system or plan.
(g) As used in this section:
(1) "Direct payment or pay directly" means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service.
(2) "Health care provider" shall have the meaning provided in K.S.A. 40-3401, and amendments thereto.
(3) "Health care system" means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for or payment for, in full or in part, health care services or health care data or health care information for its participants.
(4) "Lawful health care services" means any health-related service or treatment to the extent that the service or treatment is permitted or not prohibited by law or regulation that may be provided by persons or businesses otherwise permitted to offer such services.
(5) "Penalties or fines" means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government established, created or controlled agency that is used to punish or discourage the exercise of rights protected under this section.
(h) This section shall be known and may be cited as the health care freedom act.
(i) This section shall take effect on and after July 1, 2011.
History: L. 2011, ch. 114, § 7; June 9.
§ 65-6232 Severability for certain acts
If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 2011, ch. 114, § 36; June 9.
§ 65-6233 Department of health and environment; rules and regulations regarding eligibility requirements for medical assistance; life insurance proceeds, collateral assignment of
(a) The department of health and environment, in conjunction with the Kansas department for aging and disability services, shall review and update its rules and regulations establishing eligibility requirements for the Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq. Such review shall include the establishment of a procedure which permits the holder of a life insurance policy which has a cash surrender value to give the Kansas program of medical assistance established in accordance with title XIX of the federal social security act a collateral assignment of the proceeds of such life insurance policy. The collateral assignment may be used by the insured in lieu of any requirement that such life insurance policy be sold in order for the insured to meet any property ownership limitation contained in any eligibility requirement for participation in the Kansas program of medical assistance established in accordance with title XIX of the federal social security act. The collateral assignment shall be for an amount not to exceed the proceeds of such policy necessary to reimburse the Kansas program of medical assistance established in accordance with title XIX of the federal social security act for any amount paid by such program for medical benefits provided to the insured. The collateral assignment shall be irrevocable as established by a written agreement binding on the holder of the life insurance policy to not affect or otherwise use the cash surrender value of such policy after the irrevocable assignment pursuant to rules and regulations promulgated by the secretary of the department of health and environment.
(b) The department of health and environment is hereby directed to seek any necessary waivers from program requirements of the federal government as may be needed to carry out the provisions of this section and to maximize federal matching and other funds with respect to the provisions of this section. If the department of health and environment determines that one or more waivers from program requirements of the federal government are needed to carry out the provisions of this section, the department of health and environment shall implement the provisions of this section only if such waivers to federal program requirements have been obtained from the federal government.
(c) (1) Except as provided in paragraph (2), the review and update of the rules and regulations establishing eligibility requirements for the Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., shall be completed and the revisions of such rules and regulations shall be adopted in accordance with the rules and regulations filing act no later than 12 calendar months following the date of receipt of the waivers required under subsection (b).
(2) If the department of health and environment determines that no waivers are required to implement the provisions of subsection (a), the review and update of the rules and regulations establishing eligibility requirements for the Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., shall be completed and the revisions of such rules and regulations shall be adopted in accordance with the rules and regulations filing act no later than 12 calendar months following the effective date of this act.
History: L. 2012, ch. 85, § 1; L. 2015, ch. 56, § 5; May 21.
§ 65-6234 Term of intellectual disability; state official policy
It is hereby declared to be the official policy of the state of Kansas that the term "intellectual disability" be used in place of the term "mental retardation" and the term "person or people with intellectual disability" be used in place of the term "mentally retarded." Whenever the term "mental retardation" or "retardation" appears in the Kansas administrative regulations, state agencies are hereby directed to read and use the term "intellectual disability." State agencies are further directed that, in the normal course of conducting their planned updates or changes to language in rules and regulations, agencies update the terminology of their rules and regulations to be consistent with this policy. The changes to the new policy and new terminology can take place as rules and regulations are naturally updated.
History: L. 2012, ch. 91, § 1; July 1.
§ 65-6235 Use of cannabidiol treatment preparation with tetrahydrocannabinol
(a) This section shall be known and may be cited as Claire and Lola's law.
(b) As used in this section and K.S.A. 21-5706, and amendments thereto:
(1) "Cannabidiol treatment preparation" means an oil containing cannabidiol (other trade name: 2-[(3-methyl-6-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol)) and tetrahydrocannabinol, as described in K.S.A. 65-4105, and amendments thereto, and having a tetrahydrocannabinol concentration of no more than 5% relative to the cannabidiol concentration in the preparation, verified through testing by a third-party, independent laboratory.
(2) "Debilitating medical condition" means a medically diagnosed chronic disease or medical condition causing a serious impairment of strength or ability to function, including one that produces seizures, for which the patient is under current and active treatment by a physician licensed to practice medicine and surgery in Kansas.
(3) "Tetrahydrocannabinol concentration" means the combined percentage of tetrahydrocannabinol and its optical isomers, their salts and acids and salts of their acids, reported as free tetrahydrocannabinol on a percent by weight basis.
(4) "Third-party, independent laboratory" means an organization:
(A) That is accredited to ISO/IEC 17025 of the international organization for standardization and the international electrotechnical commission by an accreditation body that is a signatory of a multilateral recognition arrangement with the international accreditation forum, international laboratory accreditation cooperation or other similar body;
(B) whose scope of accreditation includes testing for cannabinoid potency; and
(C) that is not affiliated with the producer of the item being tested.
(c) No agency of this state or political subdivision thereof shall initiate proceedings to remove a child from the home of the child's parent or guardian or initiate any child protection action or proceeding based solely upon the parent's or the child's possession or use of cannabidiol treatment preparation in accordance with the provisions of K.S.A. 21-5706(d), and amendments thereto.
(d) Nothing in this section shall be construed to require the Kansas medical assistance program or any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital and medical corporation contract, fraternal benefit society or health maintenance organization that provides coverage for accident and health services and that is delivered, issued for delivery, amended or renewed on or after July 1, 2019, to provide payment or reimbursement for any cannabidiol treatment preparation.
(e) Nothing in this section shall be construed to allow the possession, sale, production, redistribution or use of any other form of cannabis.
History: L. 2019, ch. 67, § 1; July 1.
Article 63 Social Workers
§ 65-6301 Purpose
Since the profession of social work profoundly affects the lives of the people of this state, it is the purpose of this act to protect the public by setting standards of qualification, training and experience for those who seek to engage in the practice of social work and by promoting high standards of professional performance for those engaged in the profession of social work.
History: L. 1974, ch. 372, § 1; July 1.
§ 65-6302 Definitions
As used in the social workers licensure act, unless the context clearly requires otherwise:
(a) "Board" means the behavioral sciences regulatory board created by K.S.A. 74-7501, and amendments thereto.
(b) "Extenuating circumstances" means any condition or situation caused by events beyond a person's control that is sufficiently extreme in nature to result in the:
(1) Person's inability to comply with requirements; or
(2) inadvisability of requiring the person to comply with requirements.
(c) "Psychotherapy" means the use of psychological and social methods within a professional relationship to assist the person or persons to achieve a better psychosocial adaptation to acquire greater human realization of psychosocial potential and adaptation to modify internal and external conditions that affect individuals, groups or communities in respect to behavior, emotions and thinking and in respect to their intra-personal and inter-personal processes. Forms of "psychotherapy" include, but are not limited to, individual psychotherapy, conjoint marital therapy, family therapy and group psychotherapy.
(d) "Social work practice" means the professional activity of helping individuals, groups or communities enhance or restore their capacity for physical, social and economic functioning and the professional application of social work values, principles and techniques in areas such as psychotherapy, social service administration, social planning, social work consultation and social work research to one or more of the following ends: Helping people obtain tangible services; counseling with individuals, families and groups; helping communities or groups provide or improve social and health services; and participating in relevant social action. The practice of social work requires knowledge of human development and behavior; of social, economic and cultural institutions and forces; and of the interaction of all these factors. Social work practice includes the teaching of practicum courses in social work and includes the diagnosis and treatment of mental disorders as authorized under K.S.A. 65-6306 and 65-6319, and amendments thereto.
History: L. 1974, ch. 372, § 2; L. 1980, ch. 242, § 15; L. 1982, ch. 371, § 1; L. 1999, ch. 117, § 11; L. 2023, ch. 90, § 9; July 1.
§ 65-6303 Prohibited acts; penalty
(a) No person shall engage in the practice of social work for compensation or hold forth as performing the services of a social worker unless such person is licensed in accordance with the provisions of this act, nor may any person participate in the delivery of social work service unless under the supervision of a person who is licensed under this act. Temporary licenses to practice may be issued by the board in accordance with K.S.A. 65-6309 and amendments thereto.
(b) Nothing in this act shall be construed to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being engaged in the practice of social work.
(c) Nothing in this act shall be construed to permit the practice of psychotherapy by anyone who does not have a baccalaureate degree in social work or a related field except that those practicing psychotherapy without a baccalaureate degree in social work or a related field prior to July 1, 1974, shall not be prohibited from so practicing after the effective date of this act.
(d) Any violation of this section shall constitute a class B misdemeanor.
History: L. 1974, ch. 372, § 3; L. 1980, ch. 242, § 16; L. 1986, ch. 340, § 1; L. 1989, ch. 276, § 2; July 1.
§ 65-6304 Repealed
History: L. 1974, ch. 372, § 4; L. 1975, ch. 416, § 24; L. 1978, ch. 308, § 72; Repealed, L. 1980, ch. 242, § 29; July 1.
§ 65-6305 Repealed
History: L. 1974, ch. 372, § 5; Repealed, L. 1980, ch. 242, § 29; July 1.
§ 65-6306 Qualifications for licensure, temporary candidacy licensure; baccalaureate social worker; master social worker; specialist clinical social worker; practice of licensed specialist clinical social worker; approval of colleges or universities, criteria; community-based social work license
(a) The board shall issue a license as a baccalaureate social worker to an applicant who has:
(1) A baccalaureate degree from an accredited college or university, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) passed an examination approved by the board for this purpose;
(3) satisfied the board that the applicant is a person who merits the public trust; and
(4) paid an application fee established by the board under K.S.A. 65-6314, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, the license fee established by the board pursuant to K.S.A. 65-5808, and amendments thereto.
(b) (1) An applicant for a baccalaureate social work license who received a baccalaureate degree from a social work program in candidacy status from an accrediting body recognized by the board may request a temporary candidacy baccalaureate social work license upon:
(A) Demonstrating receipt of a baccalaureate degree from a college or university, including completion of a social work program in candidacy from an accrediting body recognized by the board;
(B) passing an examination approved by the board for the purpose of such temporary candidacy licensure;
(C) submitting a completed, signed temporary candidacy baccalaureate social work license application on a form and in a manner provided by the board;
(D) satisfying the board that the applicant is a person who merits the public trust; and
(E) paying the temporary candidacy baccalaureate social worker fee as established under K.S.A. 65-6314, and amendments thereto, upon notification from the board that all eligibility requirements have been satisfied.
(2) A temporary candidacy baccalaureate social work license shall expire on the last day of the 24th month after the temporary candidacy baccalaureate social work license's effective date. Such license is nonrenewable, but, upon request by the license holder using a form approved by the board and paying the appropriate fee, the license shall be extended upon a showing that the social work program remains in candidacy status with the accrediting body recognized by the board. In all professional use of the social worker's name, an individual with a temporary candidacy baccalaureate social work license shall represent themselves as a temporary candidacy baccalaureate social worker. An individual with such license may not use the credentials "LBSW." The word "licensed" may be used only when followed by the words "by temporary candidacy license." An individual issued a temporary candidacy baccalaureate social work license shall practice under supervision and shall not be required to complete continuing education. If the accrediting body recognized by the board grants accreditation to the program in candidacy status, the holder of the temporary candidacy baccalaureate social work license shall receive a permanent license upon payment of the appropriate fee. If the accrediting body recognized by the board does not grant accreditation to the program in candidacy status, the board shall immediately revoke the temporary license and notify the licensee of the revocation of such license.
(c) The board shall issue a license as a master social worker to an applicant who has:
(1) A master's degree from an accredited college or university, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) passed an examination approved by the board for this purpose;
(3) satisfied the board that the applicant is a person who merits the public trust; and
(4) paid an application fee established by the board under K.S.A. 65-6314, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-5808, and amendments thereto.
(d) (1) An applicant for a master social work license who received a master's degree from a social work program in candidacy status from an accrediting body recognized by the board may request a temporary candidacy master social work license upon:
(A) Demonstrating receipt of a master's degree from a college or university, including completion of a social work program in candidacy from an accrediting body recognized by the board;
(B) passing an examination approved by the board for the purpose of such temporary candidacy licensure;
(C) submitting a completed, signed temporary candidacy master social work license application on a form and in a manner provided by the board;
(D) satisfying the board that the applicant is a person who merits the public trust; and
(E) paying the temporary candidacy master social worker fee as established under K.S.A. 65-6314, and amendments thereto, upon notification from the board that all eligibility requirements have been satisfied.
(2) A temporary candidacy master social work license shall expire on the last day of the 24th month after the temporary candidacy master social work license's effective date. Such license is nonrenewable, but, upon request by the license holder using a form approved by the board and paying the appropriate fee, the license shall be extended upon a showing that the social work program remains in candidacy status with the accrediting body recognized by the board. In all professional use of the social worker's name, an individual with a temporary candidacy master social work license shall represent themselves as a temporary candidacy master social worker. An individual with such license shall not use the credentials "LMSW." The word "licensed" may be used only when followed by the words "by temporary candidacy license." An individual issued a temporary candidacy master social work license shall practice under supervision and shall not be required to complete continuing education. If the accrediting body recognized by the board grants accreditation to the program in candidacy status, the holder of the temporary candidacy master social work license shall receive a permanent license upon payment of the appropriate fee. If the accrediting body recognized by the board does not grant accreditation to the program in candidacy status, the board shall immediately revoke the temporary license and notify the licensee of the revocation of such license.
(e) The board shall issue a license in one of the social work specialties to an applicant who has:
(1) A master's or doctor's degree from an accredited graduate school of social work, including completion of a social work program recognized and approved by the board, pursuant to rules and regulations adopted by the board;
(2) had two years of full-time post-master's or post-doctor's degree experience under the supervision of a licensed social worker in the area of the specialty in which such applicant seeks to be licensed;
(3) passed an examination approved by the board for this purpose;
(4) satisfied the board that the applicant is a person who merits the public trust; and
(5) upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-6314, and amendments thereto.
(f) (1) The board shall issue a license as a specialist clinical social worker to an applicant who:
(A) Has met the requirements of subsection (e);
(B) has completed 3 credit hours as part of or in addition to the requirements under subsection (e) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, through identifiable study of psychopathology;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience, including, but not limited to, psychotherapy and assessment, integrating diagnosis or diagnostic impressions and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual or additional postgraduate supervised experience as determined by the board;
(D) has completed as part of or in addition to the requirements of subsection (e) not less than two years of postgraduate supervised professional experience, in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience including at least 1,500 hours of direct client contact, including, but not limited to, conducting psychotherapy and assessments with individuals, couples, families or groups integrating diagnosis or diagnostic impressions and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual;
(E) for persons earning a degree under subsection (c) prior to July 1, 2003, in lieu of the education and training requirements under subparagraphs (B) and (C), has completed the education requirements for licensure as a specialist clinical social worker in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary license to practice as a specialist clinical social worker on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under subparagraphs (B), (C) and (D), has completed the education and training requirements for licensure as a specialist clinical social worker in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board; and
(H) has paid the application fee.
(2) A licensed specialist clinical social worker may engage in the social work practice and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed specialist clinical social worker shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed specialist clinical social worker may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(3) Notwithstanding any other provision of this subsection, a licensed master social worker who has provided to the board an acceptable clinical supervision plan for licensure as a specialist clinical social worker prior to the effective date of this act shall be licensed as a specialist clinical social worker under this act upon completion of the requirements in effect for licensure as a specialist clinical social worker at the time the acceptable training plan is submitted to the board.
(4) A person licensed as a specialist clinical social worker on the day immediately preceding the effective date of this act shall be deemed to be a licensed specialist clinical social worker under this act. Such person shall not be required to file an original application for licensure as a specialist clinical social worker under this act.
(g) The board shall adopt rules and regulations establishing the criteria that a social work program of a college or university shall satisfy to be recognized and approved by the board under this section. The board may send a questionnaire developed by the board to any college or university conducting a social work program for which the board does not have sufficient information to determine whether the program should be recognized and approved by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition and approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about a social work program of a college or university. In entering such contracts the authority to recognize and approve a social work program of a college or university shall remain solely with the board.
(h) (1) Notwithstanding any pending candidacy for accreditation of the masters of social work program at Fort Hays state university, the board shall:
(A) Accept a master's degree from such program as from an accredited college or university for the purpose of issuing a license as a master social worker to an applicant under subsection (b); and
(B) not impose any additional or alternative requirements to accreditation upon an applicant with such degree based on such program's pending candidacy for accreditation.
(2) The provisions of this subsection shall apply retroactively and shall expire on July 1, 2023.
(i) (1) An individual may apply to the board for a community-based social work license to practice social work in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based social work license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based social work license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based social work license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice social work; or
(ii) 24 months after the date of issuance of the community-based social work license.
(B) No community-based social work license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing social work with a community-based social work license may use the title "licensed baccalaureate social worker" or "licensed master social worker" or the initials "LBSW" or "LMSW" independently.
(5) No person may practice social work under a community-based social work license except under the supervision of a person licensed by the board to practice at the independent level.
(6) The board shall not issue a community-based social work license or temporary social work license to an individual who has previously been issued a community-based social work license or temporary social work license.
History: L. 1974, ch. 372, § 6; L. 1980, ch. 242, § 17; L. 1981, ch. 352, § 1; L. 1988, ch. 243, § 17; L. 1989, ch. 276, § 3; L. 1994, ch. 164, § 2; L. 1999, ch. 117, § 12; L. 2019, ch. 55, § 25; L. 2021, ch. 88, § 18; L. 2022, ch. 77, § 3; L. 2023, ch. 90, § 10; July 1.
§ 65-6307 Use of title by licensee; designation thereof by board; penalty for violation
(a) Any person who possesses a valid, unsuspended and unrevoked license issued under the provisions of this act shall have the right to practice and use the title and the abbreviations prescribed by the board for use by persons holding the license held by such person. The board shall establish a title and prescribe abbreviations for use by persons holding each class or type of license issued under the provisions of this act. No other person shall assume such titles, use such abbreviations, or any work or letter, signs, figures or devices to indicate that the person using the same is licensed as such under the provisions of this act.
(b) Any violation of this section shall constitute a class C misdemeanor.
History: L. 1974, ch. 372, § 7; L. 1980, ch. 242, § 18; July 1.
§ 65-6308 Limitations on private practice of social work; penalties
(a) No person may engage in the private, independent clinical practice of social work unless such person:
(1) Is licensed under this act as a specialist clinical social worker or specialist social worker; and
(2) has had two years' supervised experience approved by the board, pursuant to rules and regulations adopted by the board, as a licensed social worker in the specialty to be offered in private practice subsequent thereto.
(b) Any violation of this section shall constitute a class B misdemeanor.
History: L. 1974, ch. 372, § 8; L. 1986, ch. 340, § 2; L. 1999, ch. 117, § 13; July 1, 2000.
§ 65-6309 Exemption from examination; temporary licensure; professional title
(a) An applicant shall be exempted from the requirement for any examination provided for herein, if the applicant has taken and passed an examination similar to that for which exemption is sought, as determined by the board.
(b) Upon application, the board shall issue a temporary bachelor's social work license or a temporary master's social work license to persons who have submitted documentation and met all qualifications for licensure under provisions of this act, except passage of the required examination, and who have paid the required fee.
(c) Absent extenuating circumstances approved by the board, a temporary bachelor's social work license or a temporary master's social work license issued by the board shall expire upon the date the board issues or denies a license to practice social work or 24 months after the date of issuance of the temporary license. No temporary bachelor's social work license or temporary master's social work license will be renewed or issued again on any subsequent applications for the same license level. The preceding provisions in no way limit the number of times an applicant may take the examination.
(d) No person shall work under a temporary bachelor's social work license or a temporary master's social work license except under the supervision of a licensed social worker.
(e) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such temporary license.
(f) Any individual employed by a hospital and working in the area of hospital social services to patients of such hospital on July 1, 1974, is exempt from the provisions of this act.
(g) A person practicing social work with a temporary license may not use the title "licensed baccalaureate social worker" or "licensed master social worker" or use the initials "LBSW" or "LMSW," independently. The word "licensed" may be used only when followed by the words "by temporary license."
History: L. 1974, ch. 372, § 9; L. 1980, ch. 242, § 19; L. 1986, ch. 340, § 3; L. 1989, ch. 276, § 4; L. 1990, ch. 237, § 1; L. 2003, ch. 129, § 3; L. 2006, ch. 61, § 2; L. 2016, ch. 92, § 40; L. 2019, ch. 55, § 10; L. 2023, ch. 90, § 11; July 1.
§ 65-6309a Temporary permit to practice; requirements; fees; expiration, extension
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of social work at the clinical level in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the clinical practice of social work in that jurisdiction may engage in the independent practice of clinical social work as provided by K.S.A. 65-6308, and amendments thereto, in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice in this state shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any clinical social work services rendered within any 24-hour period shall count as one entire day of clinical social work services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice clinical social work in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical social work in this state.
(f) In accordance with the Kansas administrative procedure act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical social work in this state without complying with the provisions of this section.
(g) This section shall be a part of and supplemental to article 63 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2007, ch. 13, § 2; L. 2021, ch. 88, § 19; May 6.
§ 65-6310 Unlawful acts; penalties
Conviction of any of the following shall constitute a class B misdemeanor:
(a) Obtaining or attempting to obtain a license or certificate or renewal thereof by bribery or fraudulent representation;
(b) Knowingly making a false statement in connection with any application under this act;
(c) Knowingly making a false statement on any form promulgated by the board in accordance with the provisions of this act or the rules and regulations promulgated thereunder.
History: L. 1974, ch. 372, § 10; L. 1980, ch. 242, § 20; July 1.
§ 65-6311 Grounds for suspension, limitation, condition, revocation or refusal to issue or renew license; procedure; licensure of applicant with felony conviction; requirements
(a) The board may refuse to issue, renew or reinstate a license, may condition, limit, revoke or suspend a license, may publicly or privately censure a licensee or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for license:
(1) Is incompetent to practice social work. "Incompetent to practice social work" means:
(A) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;
(B) repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; or
(C) a pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to practice social work;
(2) has been convicted of a felony offense and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(3) has been convicted of a misdemeanor against persons and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(4) is currently listed on a child abuse registry or an adult protective services registry as the result of a substantiated finding of abuse or neglect by any state agency, agency of another state, the District of Columbia or the United States, territory of the United States or another country and the applicant or licensee has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(5) has violated a provision of the social workers licensure act or one or more rules and regulations of the board;
(6) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(7) has knowingly made a false statement on a form required by the board for a license or license renewal;
(8) has failed to obtain continuing education credits as required by rules and regulations adopted by the board;
(9) has been found to have engaged in unprofessional conduct as defined by applicable rules and regulations adopted by the board;
(10) has had a professional license, registration or certificate revoked, suspended or limited, or has had other disciplinary action taken, or an application for a license, registration or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia, or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof; or
(11) has violated any lawful order or directive of the board previously entered by the board.
(b) For issuance of a new license or reinstatement of a revoked or suspended license for a licensee or applicant for licensure with a felony conviction, the board may only issue or reinstate such license by a 2/3 majority vote.
(c) Administrative proceedings and disciplinary actions regarding licensure under the social workers licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the social workers licensure act shall be in accordance with the Kansas judicial review act.
History: L. 1974, ch. 372, § 11; L. 1980, ch. 242, § 21; L. 1984, ch. 313, § 145; L. 1988, ch. 304, § 4; L. 1994, ch. 164, § 3; L. 2004, ch. 16, § 2; L. 2016, ch. 92, § 41; L. 2021, ch. 88, § 20; May 6.
§ 65-6312 Repealed
History: L. 1974, ch. 372, § 12; L. 1980, ch. 242, § 22; Repealed, L. 1984, ch. 313, § 157; July 1, 1985.
§ 65-6313 Licenses; effective and expiration dates; renewal; continuing education; safety awareness training; reinstatement of expired license; duplicate; notice of change of address
(a) All licenses issued shall be effective upon the date issued and shall expire at the end of 24 months from the date of issuance.
(b) (1) Except as otherwise provided in K.S.A. 65-6311, and amendments thereto, a license may be renewed by the payment of the renewal fee set forth in K.S.A. 65-6314, and amendments thereto, and the execution and submission of a signed statement, on a form to be provided by the board, attesting that the applicant's license has been neither revoked nor currently suspended and that applicant has met the requirements for continuing education established by the board including not less than three continuing education hours of professional ethics.
(2) Prior to July 1, 2025, an applicant for renewal of a license as a master social worker or a specialist clinical social worker, as part of such continuing education, shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders. On and after July 1, 2025, such applicant shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders.
(3) An applicant for first time licensure renewal as a baccalaureate social worker, master social worker or specialist clinical social worker, as part of such continuing education, shall complete not less than six hours of social worker safety awareness training. If the applicant for first time licensure renewal has already taken such training, as part of a previous level of social work licensure renewal, then the applicant is not required to complete an additional six hours of social worker safety training.
(c) The application for renewal shall be made on or before the date of the expiration of the license or on or before the date of the termination of the period of suspension.
(d) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee's reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(e) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The renewal fee established under K.S.A. 65-6314, and amendments thereto, and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by the fee established under K.S.A. 65-6314, and amendments thereto. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(f) In case of a lost or destroyed license, and upon satisfactory proof of the loss or destruction thereof, the board may issue a duplicate license and shall charge a fee as set forth in K.S.A. 65-6314, and amendments thereto, for such duplicate license.
(g) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
History: L. 1974, ch. 372, § 13; L. 1978, ch. 374, § 1; L. 1980, ch. 242, § 23; L. 1982, ch. 372, § 2; L. 1986, ch. 340, § 4; L. 1990, ch. 237, § 2; L. 1999, ch. 117, § 14; L. 2007, ch. 14, § 1; L. 2010, ch. 80, § 1; L. 2016, ch. 92, § 42; L. 2023, ch. 90, § 12; July 1.
§ 65-6314 Fees
(a) The following fees may be established by the board in accordance with the following limitations, and any such fees shall be established by rules and regulations adopted by the board:
(1) Renewal or reinstatement fee for a license as a social work associate shall be not more than $150.
(2) Application, new license, reinstatement or renewal fee for a license as a baccalaureate social worker shall be not more than $150.
(3) Application, new license, reinstatement or renewal fee for a license as master social worker shall be not more than $150.
(4) Application, new license, reinstatement or renewal fee for a license in a social work specialty shall be not more than $150.
(5) Replacement fee for reissuance of a license certificate due to loss or name change shall be not more than $20.
(6) Replacement fee for reissuance of a wallet card shall be not more than $5.
(7) Temporary license fee for a baccalaureate social worker, master social worker or a social work specialty shall be not more than $50.
(8) Temporary candidacy license fee for a baccalaureate social worker, master social worker or a social work specialty shall be not more than $75.
(9) Six-month reinstatement temporary license fee for a baccalaureate social worker, master social worker or a social work specialty shall be not more than $50.
(10) Community-based license fee for a baccalaureate social worker, master social worker or social work specialty shall be not more than $175.
(11) Application fee for approval as board-approved continuing education sponsors shall be as follows:
(A) Initial application fee for one year provisionally approved providers shall be not more than $125;
(B) three-year renewal fees for approved providers shall be not more than $350; and
(C) application fees for single program providers shall be not more than $50 for each separately offered continuing education activity for which prior approval is sought.
(12) New license or renewal fee for a home-state license with privilege to practice under the social work licensure compact shall be not more than $25 in addition to any other applicable fee.
(b) Fees paid to the board are not refundable.
History: L. 1974, ch. 372, § 14; L. 1978, ch. 374, § 2; L. 1980, ch. 242, § 24; L. 1981, ch. 352, § 2; L. 1982, ch. 372, § 3; L. 1985, ch. 290, § 1; L. 1989, ch. 276, § 5; L. 1990, ch. 286, § 2; L. 1996, ch. 153, § 15; L. 2016, ch. 92, § 43; L. 2023, ch. 90, § 13; L. 2024, ch. 32, § 3; July 1.
§ 65-6315 Confidential information and communications; exceptions
(a) No licensed social work associate or licensed baccalaureate social worker, secretary, stenographer or clerk of a licensed social work associate or licensed baccalaureate social worker or anyone who participates in delivery of social work services or anyone working under supervision of a licensed social worker may disclose any information such person may have acquired from persons consulting such person in the person's professional capacity or be compelled to disclose such information except:
(1) With the written consent of the client, or in the case of death or disability, of the personal representative of the client, other person authorized to sue or the beneficiary of an insurance policy on the client's life, health or physical condition;
(2) when the person is a child under the age of 18 years and the information acquired by the licensed social worker indicated that the child was the victim or subject of a crime, the licensed social worker may be required to testify fully in relation thereto upon any examination, trial or other proceeding in which the commission of such a crime is a subject of inquiry;
(3) when the person waives the privilege by bringing charges against the licensed social worker but only to the extent that such information is relevant under the circumstances.
(b) The confidential relations and communications between a licensed master social worker's or a licensed specialist clinical social worker's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.
(c) Nothing in this section or in this act shall be construed to prohibit any licensed social worker from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of the client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1974, ch. 372, § 15; L. 1986, ch. 340, § 5; L. 1999, ch. 117, § 15; July 1, 2000.
§ 65-6316 Invalidity of part
If any section of this act, or any part thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof.
History: L. 1974, ch. 372, § 16; July 1.
§ 65-6317 Renewal of social work associate licenses; revocation or suspension
No new social work associate license shall be issued by the board. A person holding a license as a social work associate under K.S.A. 65-6301 to 65-6316, inclusive, and amendments thereto, on the day immediately preceding the effective date of this act shall continue to be a licensed social work associate for all purposes under this act and K.S.A. 65-6301 to 65-6316, inclusive, and amendments thereto, and may renew such license as provided by this act and by K.S.A. 65-6301 to 65-6316, inclusive, and amendments thereto. The board may refuse to renew, or may suspend or revoke a social work associate license as provided under this act and K.S.A. 65-6301 to 65-6316, inclusive, and amendments thereto. All proceedings pursuant to this section shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
History: L. 1980, ch. 242, § 25; L. 1984, ch. 313, § 146; July 1, 1985.
§ 65-6318 Repealed
History: L. 1986, ch. 340, § 6; Repealed, L. 2004, ch. 16, § 7; July 1.
§ 65-6319 Diagnosis and treatment of mental disorders by certain licensed social workers authorized
The following licensed social workers may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations: (a) A licensed specialist clinical social worker, and (b) a licensed master social worker who engages in the practice of social work only under the direction of a licensed specialist clinical social worker, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensed master social worker shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed master social worker may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
History: L. 1994, ch. 164, § 1; L. 1997, ch. 142, § 7; L. 1999, ch. 117, § 16; July 1, 2000.
§ 65-6320 Disclosure to client at beginning of client-therapist relationship; documentation
A licensee, under the provisions of article 63 of chapter 65 of the Kansas Statutes Annotated, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 1999, ch. 117, § 17; July 1, 2000.
§ 65-6321 Social workers licensure act; citation
K.S.A. 65-6301 through 65-6321, and amendments thereto, and K.S.A. 2025 Supp. 65-6322 and 65-6323, and amendments thereto, shall be known and may be cited as the social workers licensure act.
History: L. 2016, ch. 92, § 44; L. 2019, ch. 55, § 11; May 9.
§ 65-6322 Licensure of social worker licensed in another jurisdiction
(a) The board may issue a license to an individual who is currently registered, certified or licensed to practice social work in another jurisdiction, if the board determines that:
(1) The standards for registration, certification or licensure to practice social work at the baccalaureate level in another jurisdiction are substantially the equivalent of the requirements in the social workers licensure act and rules and regulations of the board for licensure as a baccalaureate social worker; or
(2) the applicant demonstrates compliance on forms set by the board with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice social work at the baccalaureate level with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of a baccalaureate degree in social work from a regionally accredited university.
(b) The board may issue a license to an individual who is currently registered, certified or licensed to practice social work in another jurisdiction, if the board determines that:
(1) The standards for registration, certification or licensure to practice social work at the master's level in another jurisdiction are substantially the equivalent of the requirements in the social workers licensure act and rules and regulations of the board for licensure as a master social worker; or
(2) the applicant demonstrates compliance on forms set by the board with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice social work at the master level with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of a master's degree in social work from a regionally accredited university.
(c) Applicants for licensure as a specialist clinical social worker shall demonstrate:
(1) That the applicant meets the requirements of subsection (b);
(2) that the applicant is currently licensed to practice social work at the clinical level in another state; and
(3) competence to diagnose and treat mental disorders by meeting at least two of the following areas acceptable to the board:
(A) Passing a national clinical examination approved by the board;
(B) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery, stating that the applicant is competent to diagnose and treat mental disorders.
(d) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-6411, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the license fee as provided in K.S.A. 65-6411, and amendments thereto.
History: L. 2019, ch. 55, § 1; L. 2023, ch. 90, § 14; July 1.
§ 65-6323 Provisional licensure as social worker; remedial requirements prescribed by board; professional title
(a) If, in evaluating any applicant for licensure as a social worker, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 65-6306, and amendments thereto, or K.S.A. 2025 Supp. 65-6322, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for provisional licensure as a social worker on a form and in a manner prescribed by the board. The board may issue a provisional license to practice social work. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice social work or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing social work with a provisional license may not use the title "licensed baccalaureate social worker," "licensed master's social worker" or "licensed specialist clinical social worker" or the initials "LBSW," "LMSW" or "LSCSW," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
(d) This section shall be a part of and supplemental to the social workers licensure act.
History: L. 2019, ch. 55, § 5; May 9.
§ 65-6324 Criminal history record check; fingerprints; information confidential; disclosure prohibited, criminal penalty
(a) (1) Except as provided in paragraph (2), the board shall require an applicant for initial licensure or renewal or reinstatement of a license under this act to submit to a state and national criminal history record check.
(2) The board may require an applicant for renewal of a license to submit to a state and national criminal history record check if such applicant has submitted to a state and national criminal history record check within the last five years.
(3) Applicants for a multistate license shall be fingerprinted, and the board shall submit such fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a search of the state and federal database.
(4) Fingerprints and criminal history record information provided pursuant to this section may be used to identify a person and to determine whether such person has a record of criminal history in this state or another jurisdiction. The board may use the information obtained from fingerprinting and the criminal history record check for purposes of verifying the identification of the person and in the official determination of the qualifications and fitness of the person to be issued or maintain a license or multistate practice privilege under the social work compact.
(5) The Kansas bureau of investigation shall release criminal history record information related to adult convictions to the board for a licensee, as defined in this section, in connection with am* application or license as described in K.S.A. 65-6306, and amendments thereto.
(b) Local and state law enforcement officers and agencies shall assist the board in the taking and processing of fingerprints of applicants for multistate licensure and release all records of adult convictions to the board for the purposes set forth in subsection (a)(4).
(c) The Kansas bureau of investigation may charge a reasonable fee for conducting a criminal history record check.
(d) (1) Fingerprints and criminal history record information received pursuant to this section shall be confidential and shall not be subject to the provisions of the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this paragraph shall expire on July 1, 2029, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this section for any purpose other than the purpose described in this section shall be a class A nonperson misdemeanor and shall constitute grounds for removal from office.
(e) As used in this section, "licensee" means a person who has submitted an original application or an application for renewal or reinstatement of a license or who currently holds a license under this act issued by the behavioral sciences regulatory board.
(f) This section shall be a part of and supplemental to the social workers licensure act.
History: L. 2024, ch. 32, § 2; July 1.
§ 65-6325 Social work licensure compact
This section shall be known and may be cited as the social work licensure compact.
SECTION 1—PURPOSE
The purpose of this compact is to facilitate interstate practice of regulated social workers by improving public access to competent social work services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(a) Increase public access to social work services;
(b) reduce overly burdensome and duplicative requirements associated with holding multiple licenses;
(c) enhance the member states' ability to protect the public's health and safety;
(d) encourage the cooperation of member states in regulating multistate practice;
(e) promote mobility and address workforce shortages by eliminating the necessity for licenses in multiple states through the mutual recognition of other member state licenses;
(f) support military families;
(g) facilitate the exchange of licensure and disciplinary information among member states;
(h) authorize all member states to hold a regulated social worker accountable for abiding by a member state's laws, regulations and applicable professional standards in the member state where the client is located at the time care is rendered; and
(i) allow for the use of telehealth to facilitate increased access to regulated social work services.
SECTION 2—DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions shall apply:
(a) "Active military member" means any individual with full-time duty status in the active armed forces of the United States, including members of the national guard and reserve.
(b) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing authority or other authority against a regulated social worker, including actions against an individual's license or multistate authorization to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a regulated social worker's authorization to practice, including issuance of a cease and desist action.
(c) "Alternative program" means a non-disciplinary monitoring or practice remediation process approved by a licensing authority to address practitioners with an impairment.
(d) "Charter member states" means member states that have enacted legislation to adopt this compact where such legislation predates the effective date of this compact as described in section 14 of this compact.
(e) "Compact commission" or "commission" means the government agency whose membership consists of all states that have enacted this compact, which is known as the social work licensure compact commission as described in section 10 of this compact, and shall operate as an instrumentality of the member states.
(f) "Current significant investigative information" means investigative information that:
(1) A licensing authority, after a preliminary inquiry that includes notification and an opportunity for the regulated social worker to respond, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the commission; or
(2) Indicates that the regulated social worker represents an immediate threat to public health and safety, as may be defined by the commission, regardless of whether the regulated social worker has been notified and has had an opportunity to respond.
(g) "Data system" means a repository of information about licensees, including, continuing education, examination, licensure, current significant investigative information, disqualifying event, multistate license and adverse action information or other information as required by the commission.
(h) "Disqualifying event" means any adverse action or incident that results in an encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain or renew a multistate license.
(i) "Domicile" means the jurisdiction in which the licensee resides and intends to remain indefinitely.
(j) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of social work licensed and regulated by a licensing authority.
(k) "Executive committee" means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, the compact and commission.
(l) "Home state" means the member state that is the licensee's primary domicile.
(m) "Impairment" means a condition that may impair a practitioner's ability to engage in full and unrestricted practice as a regulated social worker without some type of intervention and may include alcohol and drug dependence, mental health impairment and neurological or physical impairments.
(n) "Licensee" means an individual who currently holds a license from a state to practice as a regulated social worker.
(o) "Licensing authority" means the board or agency of a member state, or equivalent, that is responsible for the licensing and regulation of regulated social workers.
(p) "Member state" means a state, commonwealth, district or territory of the United States of America that has enacted this compact.
(q) "Multistate authorization to practice" means a legally authorized privilege to practice, which is equivalent to a license, associated with a multistate license permitting the practice of social work in a remote state.
(r) "Multistate license" means a license to practice as a regulated social worker issued by a home state licensing authority that authorizes the regulated social worker to practice in all member states under multistate authorization to practice.
(s) "Qualifying national exam" means a national licensing examination approved by the commission.
(t) "Regulated social worker" means any clinical, master's or bachelor's social worker licensed by a member state regardless of the title used by that member state.
(u) "Remote state" means a member state other than the licensee's home state.
(v) "Rule" or "rule of the commission" means a regulation duly promulgated by the commission, as authorized by the compact, that has the force of law.
(w) "Single-state license" means a social work license issued by any state that authorizes practice only within the issuing state and does not include multistate authorization to practice in any member state.
(x) "Social work" or "social work services" means the application of social work theory, knowledge, methods and ethics and the professional use of self to restore or enhance social, psychosocial or biopsychosocial functioning of individuals, couples, families, groups, organizations and communities through the care and services provided by a regulated social worker as set forth in the member state's statutes and regulations in the state where the services are being provided.
(y) "State" means any state, commonwealth, district or territory of the United States of America that regulates the practice of social work.
(z) "Unencumbered license" means a license that authorizes a regulated social worker to engage in the full and unrestricted practice of social work.
SECTION 3—STATE PARTICIPATION IN THE COMPACT
(a) To be eligible to participate in the compact, a potential member state shall currently meet all of the following criteria:
(1) License and regulate the practice of social work at either the clinical, master's or bachelor's category;
(2) require applicants for licensure to graduate from a program that is:
(A) Operated by a college or university recognized by the licensing authority;
(B) accredited, or in candidacy by an institution that subsequently becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation, or its successor; or
(ii) the United States department of education; and
(C) corresponds to the licensure sought as outlined in section 4 of this compact;
(3) require applicants for clinical licensure to complete a period of supervised practice; and
(4) have a mechanism in place for receiving, investigating and adjudicating complaints about licensees.
(b) To maintain membership in the compact, a member state shall:
(1) Require that applicants for a multistate license pass a qualifying national exam for the corresponding category of multistate license sought as outlined in section 4 of this compact;
(2) participate fully in the commission's data system, including using the commission's unique identifier as defined in rules;
(3) notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of current significant investigative information regarding a licensee;
(4) implement procedures for considering the criminal history records of applicants for a multistate license. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;
(5) comply with the rules of the commission;
(6) require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable home state laws;
(7) authorize a licensee holding a multistate license in any member state to practice in accordance with the terms of the compact and rules of the commission; and
(8) designate a delegate to participate in the commission meetings.
(c) A member state meeting the requirements of subsections (a) and (b) shall designate the categories of social work licensure that are eligible for issuance of a multistate license for applicants in such member state. To the extent that any member state does not meet the requirements for participation in the compact at any particular category of social work licensure, such member state may choose, but is not obligated to, issue a multistate license to applicants that otherwise meet the requirements of section 4 of this compact for issuance of a multistate license in such category or categories of licensure.
(d) The home state may charge a fee for granting the multistate license.
SECTION 4—SOCIAL WORKER PARTICIPATION IN THE COMPACT
(a) To be eligible for a multistate license under the terms and provisions of the compact, an applicant, regardless of category, shall:
(1) Hold or be eligible for an active, unencumbered license in the home state;
(2) pay any applicable fees, including any state fee, for the multistate license;
(3) submit, in connection with an application for a multistate license, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;
(4) notify the home state of any adverse action, encumbrance or restriction on any professional license taken by any member state or non-member state within 30 days after the date the action is taken;
(5) meet any continuing competence requirements established by the home state; and
(6) abide by the laws, regulations and applicable standards in the member state where the client is located at the time care is rendered.
(b) An applicant for a clinical-category multistate license shall meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by:
(A) Passage of a clinical-category qualifying national exam;
(B) licensure of the applicant in their home state at the clinical category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the commission; or
(C) the substantial equivalency of the foregoing competency requirements, which the commission may determine by rule;
(2) attain at least a master's degree in social work from a program that is:
(A) Operated by a college or university recognized by the licensing authority; and
(B) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation or its successor; or
(ii) the United States department of education; and
(3) fulfill a practice requirement, which shall be satisfied by demonstrating completion of:
(A) A period of postgraduate supervised clinical practice equal to a minimum of 3,000 hours;
(B) a minimum of two years of full-time postgraduate supervised clinical practice; or
(C) the substantial equivalency of the foregoing practice requirements that the commission may determine by rule.
(c) An applicant for a master's-category multistate license shall meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by:
(A) Passage of a master's-category qualifying national exam;
(B) licensure of the applicant in their home state at the master's category, beginning prior to such time as a qualifying national exam was required by the home state at the master's category and accompanied by a continuous period of social work licensure thereafter, all of which may be further governed by the rules of the commission; or
(C) the substantial equivalency of the foregoing competency requirements, which the commission may determine by rule; and
(2) attain at least a master's degree in social work from a program that is:
(A) Operated by a college or university recognized by the licensing authority; and
(B) accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation or its successor; or
(ii) the United States department of education.
(d) An applicant for a bachelor's-category multistate license shall meet all of the following requirements:
(1) Fulfill a competency requirement, which shall be satisfied by:
(A) Passage of a bachelor's-category qualifying national exam;
(B) Licensure of the applicant in their home state at the bachelor's category, beginning prior to such time as a qualifying national exam was required by the home state and accompanied by a period of continuous social work licensure thereafter, all of which may be further governed by the rules of the commission; or
(C) the substantial equivalency of the foregoing competency requirements, which the commission may determine by rule; and
(2) attain at least a bachelor's degree in social work from a program that is:
(A) Operated by a college or university recognized by the licensing authority; and
(B) accredited, or in candidacy that subsequently becomes accredited, by an accrediting agency recognized by either:
(i) The council for higher education accreditation or its successor; or
(ii) the United States department of education.
(e) The multistate license for a regulated social worker is subject to the renewal requirements of the home state. The regulated social worker shall maintain compliance with the requirements of section 4(a) of this compact to be eligible to renew a multistate license.
(f) The regulated social worker's services in a remote state are subject to that member state's regulatory authority. A remote state may, in accordance with due process and that member state's laws, remove a regulated social worker's multistate authorization to practice in the remote state for a specific period of time, impose fines and take any other necessary actions to protect the health and safety of its citizens.
(g) If a multistate license is encumbered, the regulated social worker's multistate authorization to practice shall be deactivated in all remote states until the multistate license is no longer encumbered.
(h) If a multistate authorization to practice is encumbered in a remote state, the regulated social worker's multistate authorization to practice may be deactivated in that state until the multistate authorization to practice is no longer encumbered.
SECTION 5—ISSUANCE OF A MULTISTATE LICENSE
(a) Upon receipt of an application for multistate license, the home state licensing authority shall determine the applicant's eligibility for a multistate license in accordance with section 4 of this compact.
(b) If such applicant is eligible pursuant to section 4 of this compact, the home state licensing authority shall issue a multistate license that authorizes the applicant or regulated social worker to practice in all member states under a multistate authorization to practice.
(c) Upon issuance of a multistate license, the home state licensing authority shall designate whether the regulated social worker holds a multistate license in the bachelor's, master's or clinical category of social work.
(d) A multistate license issued by a home state to a resident in that state shall be recognized by all compact member states as authorizing social work practice under a multistate authorization to practice corresponding to each category of licensure regulated in each member state.
SECTION 6—AUTHORITY OF INTERSTATE COMPACT COMMISSION AND MEMBER STATE LICENSING AUTHORITIES
(a) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict or in any way reduce the ability of a member state to enact and enforce laws, regulations or other rules related to the practice of social work in that state, where those laws, regulations or other rules are not inconsistent with the provisions of this compact.
(b) Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(c) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict or in any way reduce the ability of a member state to take adverse action against a licensee's single-state license to practice social work in that state.
(d) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict or in any way reduce the ability of a remote state to take adverse action against a licensee's multistate authorization to practice in that state.
(e) Nothing in this compact, nor any rule of the commission, shall be construed to limit, restrict or in any way reduce the ability of a licensee's home state to take adverse action against a licensee's multistate license based upon information provided by a remote state.
SECTION 7—REISSUANCE OF A MULTISTATE LICENSE BY A NEW HOME STATE
(a) A licensee may hold a multistate license, issued by their home state, in only one member state at any given time.
(b) If a licensee changes their home state by moving between two member states:
(1) The licensee shall immediately apply for the reissuance of their multistate license in their new home state. The licensee shall pay all applicable fees and notify the prior home state in accordance with the rules of the commission.
(2) Upon receipt of an application to reissue a multistate license, the new home state shall verify that the multistate license is active, unencumbered and eligible for reissuance under the terms of the compact and the rules of the commission. The multistate license issued by the prior home state will be deactivated and all member states notified in accordance with the applicable rules adopted by the commission.
(3) Prior to the reissuance of the multistate license, the new home state shall conduct procedures for considering the criminal history records of the licensee. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining such new home state's criminal records.
(4) If required for initial licensure, the new home state may require completion of jurisprudence requirements in the new home state.
(5) Notwithstanding any other provision of this compact, if a licensee does not meet the requirements set forth in this compact for the reissuance of a multistate license by the new home state, then the licensee shall be subject to the new home state requirements for the issuance of a single-state license in that state.
(c) If a licensee changes their primary state of residence by moving from a member state to a non-member state, or from a non-member state to a member state, then the licensee shall be subject to the state requirements for the issuance of a single-state license in the new home state.
(d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state license in multiple states, except that, for the purposes of this compact, a licensee shall have only one home state and only one multistate license.
(e) Nothing in this compact shall interfere with the requirements established by a member state for the issuance of a single-state license.
SECTION 8—MILITARY FAMILIES
An active military member or their spouse shall designate a home state where the individual has a multistate license. The individual may retain their home state designation during the period the service member is on active duty.
SECTION 9—ADVERSE ACTIONS
(a) (1) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to take adverse action against a regulated social worker's multistate authorization to practice only within that member state and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing authority in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(2) Only the home state shall have the power to take adverse action against a regulated social worker's multistate license.
(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(c) The home state shall complete any pending investigations of a regulated social worker who changes their home state during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
(d) A member state, if otherwise permitted by state law, may recover from the affected regulated social worker the costs of investigations and dispositions of cases resulting from any adverse action taken against that regulated social worker.
(e) A member state may take adverse action based on the factual findings of another member state, provided that the member state follows its own procedures for taking the adverse action.
(f) Joint investigations:
(1) In addition to the authority granted to a member state by its respective social work practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(g) If adverse action is taken by the home state against the multistate license of a regulated social worker, the regulated social worker's multistate authorization to practice in all other member states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against the license of a regulated social worker shall include a statement that the regulated social worker's multistate authorization to practice is deactivated in all member states until all conditions of the decision, order or agreement are satisfied.
(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and all other member states of any adverse actions by remote states.
(i) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
(j) Nothing in this compact shall authorize a member state to demand the issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another member state for lawful actions within that member state.
(k) Nothing in this compact shall authorize a member state to impose disciplinary action against a regulated social worker who holds a multistate authorization to practice for lawful actions within another member state.
SECTION 10—ESTABLISHMENT OF SOCIAL WORK LICENSURE COMPACT COMMISSION
(a) The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the social work licensure compact commission. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the compact as set forth in section 14 of this compact.
(b) Membership, voting and meetings:
(1) Each member state shall have and be limited to one delegate selected by that member state's state licensing authority.
(2) The delegate shall be either:
(A) A current member of the state licensing authority at the time of appointment, who is a regulated social worker or public member of the state licensing authority; or
(B) an administrator of the state licensing authority or their designee.
(3) The commission shall by rule or bylaw establish a term of office for delegates and may by rule or bylaw establish term limits.
(4) The commission may recommend the removal or suspension of any delegate from office.
(5) A member state's state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days after the vacancy occurs.
(6) Each delegate shall be entitled to one vote on all matters before the commission requiring a vote by commission delegates.
(7) A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference or other means of communication.
(8) The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, videoconference or other similar electronic means.
(c) The commission shall have the following powers:
(1) Establish the fiscal year of the commission;
(2) establish code of conduct and conflict of interest policies;
(3) establish and amend rules and bylaws;
(4) maintain its financial records in accordance with the bylaws;
(5) meet and take such actions as are consistent with the provisions of this compact, the commission's rules and the bylaws;
(6) initiate and conclude legal proceedings or actions in the name of the commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;
(7) maintain and certify records and information provided to a member state as the authenticated business records of the commission and designate an agent to do so on the commission's behalf;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
(10) conduct an annual financial review;
(11) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(12) assess and collect fees;
(13) accept any and all appropriate gifts, donations, grants of money, other sources of revenue, equipment, supplies, materials and services and receive, utilize and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
(14) lease, purchase, retain, own, hold, improve or use any property, real, personal or mixed, or any undivided interest therein;
(15) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property real, personal or mixed;
(16) establish a budget and make expenditures;
(17) borrow money;
(18) appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives and consumer representatives and such other interested persons as may be designated in this compact and the bylaws;
(19) provide and receive information from, and cooperate with, law enforcement agencies;
(20) establish and elect an executive committee, including a chairperson and a vice chairperson;
(21) determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; and
(22) perform such other functions as may be necessary or appropriate to achieve the purposes of this compact.
(d) The executive committee:
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The powers, duties and responsibilities of the executive committee shall include:
(A) Oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its rules and bylaws and other such duties as deemed necessary;
(B) recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to compact member states, fees charged to licensees and other fees;
(C) ensure compact administration services are appropriately provided, including by contract;
(D) prepare and recommend the budget;
(E) maintain financial records on behalf of the commission;
(F) monitor compact compliance of member states and provide compliance reports to the commission;
(G) establish additional committees as necessary;
(H) exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
(I) fulfill other duties as provided in the rules or bylaws of the commission.
(2) The executive committee shall be composed of up to 11 members:
(A) The chairperson and vice chairperson of the commission shall be voting members of the executive committee;
(B) the commission shall elect five voting members from the current membership of the commission;
(C) up to four nonvoting members from four recognized national social work organizations; and
(D) the nonvoting members shall be selected by their respective organizations.
(3) The commission may remove any member of the executive committee as provided in the commission's bylaws.
(4) The executive committee shall meet at least annually.
(A) Executive committee meetings shall be open to the public, except that the executive committee may meet in a closed, non-public meeting as provided in subsection (f)(2).
(B) The executive committee shall give seven days' notice of its meetings, posted on its website and as determined to provide notice to persons with an interest in the business of the commission.
(C) The executive committee may hold a special meeting in accordance with subsection (f)(1)(B).
(e) The commission shall adopt and provide to the member states an annual report.
(f) Meetings of the commission:
(1) All meetings shall be open to the public, except that the commission may meet in a closed, non-public meeting as provided in subsection (f)(2).
(A) Public notice for all meetings of the full commission shall be given in the same manner as required under the rulemaking provisions in section 12 of this compact, except that the commission may hold a special meeting as provided in subsection (f)(1)(B).
(B) The commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours' notice to all commissioners on the commission's website and by other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency.
(2) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting for the commission or executive committee or other committees of the commission to receive legal advice or discuss:
(A) Non-compliance of a member state with its obligations under the compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees;
(C) current or threatened discipline of a licensee by the commission or by a member state's licensing authority;
(D) current, threatened or reasonably anticipated litigation;
(E) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(F) accusing any person of a crime or formally censuring any person;
(G) trade secrets or commercial or financial information that is privileged or confidential;
(H) information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(I) investigative records compiled for law enforcement purposes;
(J) information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact;
(K) matters specifically exempted from disclosure by federal or member state law; or
(L) other matters as promulgated by the commission by rule.
(3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
(4) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
(g) Financing of the commission:
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(2) The commission may accept any and all appropriate revenue sources as provided in subsection (c)(13).
(3) The commission may levy on and collect an annual assessment from each member state and impose fees on licensees of member states to whom it grants a multistate license to cover the cost of the operations and activities of the commission and its staff, which shall be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall promulgate by rule.
(4) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states except by and with the authority of the member state.
(5) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
(h) Qualified immunity, defense and indemnification:
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted under this compact.
(2) The commission shall defend any member, officer, executive director, employee and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing such act or alleged act, error or omission occurred within the scope of commission employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
(4) Nothing in this compact shall be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
(5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman act, Clayton act or any other state or federal antitrust or anticompetitive law or regulation.
(6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the member states or by the commission.
SECTION 11—DATA SYSTEM
(a) The commission shall provide for the development, maintenance, operation and utilization of a coordinated data system.
(b) The commission shall assign each applicant for a multistate license a unique identifier, as determined by the rules of the commission.
(c) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license and information related thereto;
(4) non-confidential information related to alternative program participation, the beginning and ending dates of such participation and other information related to such participation not made confidential under member state law;
(5) any denial of application for licensure and the reason for such denial;
(6) the presence of current significant investigative information; and
(7) other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.
(d) The records and information provided to a member state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a member state.
(e) Current significant investigative information pertaining to a licensee in any member state will only be available to other member states. It is the responsibility of the member states to report any adverse action against a licensee and to monitor the database to determine whether adverse action has been taken against a licensee. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
(f) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the member state contributing the information shall be removed from the data system.
SECTION 12—RULEMAKING
(a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.
(b) The rules of the commission shall have the force of law in each member state, except that where the rules of the commission conflict with the laws of the member state that establish the member state's laws, regulations and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules shall become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(e) Rules shall be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions and arguments.
(g) Prior to adoption of a proposed rule by the commission and at least 30 days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform;
(2) to persons who have requested notice of the commission's notices of proposed rulemaking; and
(3) in such other way as the commission may specify by rule.
(h) The notice of proposed rulemaking shall include:
(1) The time, date and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date and location of the meeting where the commission will consider and vote on the proposed rule;
(2) if the hearing is held via telecommunication, videoconference or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rulemaking;
(3) the text of the proposed rule and the reason therefor;
(4) a request for comments on the proposed rule from any interested person; and
(5) the manner in which interested persons may submit written comments.
(i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.
(j) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(k) The commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule.
(1) The commission may adopt changes to the proposed rule, provided that the changes do not enlarge the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection (l), the effective date of the rule shall not be earlier than 30 days after issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that shall be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or member state funds;
(3) meet a deadline for the promulgation of a rule that is established by federal law or rule; or
(4) protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical, formatting, consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(n) No member state's rulemaking requirements shall apply under this compact.
SECTION 13—OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a) Oversight:
(1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
(2) Except as otherwise provided in this compact, venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
(3) The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact or promulgated rules.
(b) Default, technical assistance and termination:
(1) If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer training and specific technical assistance regarding the default.
(2) The commission shall provide a copy of the notice of default to the other member states.
(c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the delegates of the member states, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's state licensing authority and each of the member states' state licensing authority.
(e) A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(f) Upon the termination of a state's membership from this compact, that state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six months after the date of said notice of termination.
(g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
(h) The defaulting state may appeal the action of the commission by petitioning the United States district court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
(i) Dispute resolution:
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(j) Enforcement:
(1) By majority vote as provided by rule, the commission may initiate legal action against a member state in default in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's law.
(2) A member state may initiate legal action against the commission in the United States district court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
(3) No person other than a member state shall enforce this compact against the commission.
SECTION 14—EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 7th member state.
(1) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the first seven member states, the charter member states, to determine if the statute enacted by each such charter member state is materially different than the model compact statute.
(A) A charter member state whose enactment is found to be materially different from the model compact statute shall be entitled to the default process set forth in section 13 of this compact.
(B) If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member states should be fewer than seven.
(2) Member states enacting the compact subsequent to the seven initial charter member states shall be subject to the process set forth in section 10(c)(21) of this compact to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(3) All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(4) Any state that joins the compact subsequent to the commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date when the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(b) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until 180 days after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
(3) Upon the enactment of a statute withdrawing from this compact, a state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of 180 days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(d) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 15—CONSTRUCTION AND SEVERABILITY
(a) This compact and the commission's rulemaking authority shall be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rulemaking authority solely for those purposes.
(b) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding subsection (b), the commission may deny a state's participation in the compact or, in accordance with the requirements of section 13(b) of this compact, terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 16—CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS
(a) A licensee providing services in a remote state under a multistate authorization to practice shall adhere to the laws and regulations, including laws, regulations and applicable standards, of the remote state where the client is located at the time care is rendered.
(b) Nothing in this compact shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(c) Any laws, statutes, regulations or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(d) All permissible agreements between the commission and the member states are binding in accordance with their terms.
History: L. 2024, ch. 32, § 1; July 1.
Article 64 Marriage and Family Therapists
§ 65-6401 Citation of act
K.S.A. 65-6401 through 65-6414, and amendments thereto, and K.S.A. 2025 Supp. 65-6415, and amendments thereto, shall be known and may be cited as the marriage and family therapists licensure act.
History: L. 1991, ch. 114, § 1; L. 1996, ch. 153, § 16; L. 2019, ch. 55, § 12; May 9.
§ 65-6402 Definitions
As used in the marriage and family therapists licensure act:
(a) "Board" means the behavioral sciences regulatory board created under K.S.A. 74-7501 and amendments thereto.
(b) "Extenuating circumstances" means any condition or situation caused by events beyond an individual's control that is sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(c) "Licensed clinical marriage and family therapist" means a person who engages in the independent practice of marriage and family therapy including the diagnosis and treatment of mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations and is licensed under this act.
(d) "Licensed marriage and family therapist" means a person who engages in the practice of marriage and family therapy, is licensed under this act and engages in the practice of marriage and family therapy only under the direction of a licensed clinical marriage and family therapist, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders.
(e) "Marriage and family therapy" means the assessment and treatment of cognitive, affective or behavioral problems within the context of marital and family systems and includes the diagnosis and treatment of mental disorders as authorized under the marriage and family therapists licensure act.
History: L. 1991, ch. 114, § 2; L. 1996, ch. 153, § 17; L. 1999, ch. 117, § 18; L. 2023, ch. 90, § 15; July 1.
§ 65-6403 Prohibited acts and representations; misdemeanor
(a) No person shall engage in the practice of marriage and family therapy or represent that such person is a licensed marriage and family therapist or a marriage and family therapist without having first obtained a license as a marriage and family therapist under the marriage and family therapist licensure act.
(b) On and after the effective date of this act, no person shall engage in the practice of marriage and family therapy as a clinical marriage and family therapist or represent that such person is a licensed clinical marriage and family therapist or is a clinical marriage and family therapist without having first obtained a license as a clinical marriage and family therapist under the marriage and family therapist licensure act.
(c) Violation of this section is a class B misdemeanor.
History: L. 1991, ch. 114, § 3; L. 1996, ch. 153, § 18; L. 1999, ch. 117, § 19; July 1, 2000.
§ 65-6404 Application for licensure; requirements; fees; practice of licensed clinical marriage and family therapist; community-based marriage and family therapist license
(a) An applicant for licensure as a marriage and family therapist shall furnish evidence that the applicant has:
(1) Attained 21 years of age;
(2) (A) completed a master's or doctoral degree from a marriage and family therapy program, in an educational institution with standards approved by the board; (B) has completed a master's or doctoral degree from an educational institution in a related field for which the course work is considered by the board to be equivalent to that provided in subparagraph (A) and consists of a minimum of nine semester hours in human development, nine semester hours in theories of marriage and family functioning, nine semester hours of marital and family assessment and therapy, three semester hours in professional studies and three semester hours in research and has completed an academically supervised practicum in the master's degree program with at least 300 hours of direct client contact or a combined 300 hours of direct client contact and additional postgraduate supervised experience; or (C) completed a master's or doctoral degree from an educational institution in a related field with additional work from an educational program in marriage and family therapy approved by the board and such degree program and additional work includes the course work requirements provided in subparagraph (B);
(3) passed an examination approved by the board;
(4) satisfied the board that the applicant is a person who merits the public trust; and
(5) paid the application fee established by the board under K.S.A. 65-6411, and amendments thereto.
(b) (1) Applications for licensure as a clinical marriage and family therapist shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(A) Is licensed by the board as a licensed marriage and family therapist or meets all requirements for licensure as a marriage and family therapist;
(B) has completed 15 credit hours as part of or in addition to the requirements under subsection (a) supporting diagnosis or treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, through identifiable study of the following content areas: Psychopathology, diagnostic assessment, interdisciplinary referral and collaboration, treatment approaches and professional ethics;
(C) has completed a graduate level supervised clinical practicum of supervised professional experience including psychotherapy and assessment with individuals, couples, families or groups, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, with not less than 300 hours of direct client contact or additional postgraduate supervised experience as determined by the board;
(D) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience including at least 1,500 hours of direct client contact conducting psychotherapy and assessments with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of mental disorders with use of the American psychiatric association's diagnostic and statistical manual, except that the board may waive
1/2 of the hours required by this subparagraph for an individual who has a doctor's degree in marriage and family therapy or a related field acceptable to the board and who completes the required
1/2 of the hours in not less than one year of supervised professional experience;
(E) for persons who earned a degree under subsection (a) prior to July 1, 2003, in lieu of the education and training requirements under subparagraphs (B) and (C), has completed the education requirements for licensure as a marriage and family therapist in effect on the day immediately preceding the effective date of this act;
(F) for persons who apply for and are eligible for a temporary permit to practice as a licensed marriage and family therapist on the day immediately preceding the effective date of this act, in lieu of the education and training requirements under subparagraphs (B), (C) and (D), has completed the education and training requirements for licensure as a marriage and family therapist in effect on the day immediately preceding the effective date of this act;
(G) has passed an examination approved by the board; and
(H) has paid the application fee set under K.S.A. 65-6411, and amendments thereto.
(2) A person who was licensed or registered as a marriage and family therapist in Kansas at any time prior to the effective date of this act, who has been actively engaged in the practice of marriage and family therapy as a registered or licensed marriage and family therapist within five years prior to the effective date of this act and whose last license or registration in Kansas prior to the effective date of this act was not suspended or revoked, upon application to the board, payment of fees and completion of applicable continuing education requirements, shall be licensed as a licensed clinical marriage and family therapist by providing demonstration of competence to diagnose and treat mental disorders through at least two of the following areas acceptable to the board:
(A) Either: (i) Graduate coursework; or (ii) passing a national, clinical examination;
(B) either: (i) Three years of clinical practice in a community mental health center, its contracted affiliate or a state mental hospital; or (ii) three years of clinical practice in other settings with demonstrated experience in diagnosing or treating mental disorders; or
(C) attestation from one professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery that the applicant is competent to diagnose and treat mental disorders.
(3) A licensed clinical marriage and family therapist may engage in the independent practice of marriage and family therapy and is authorized to diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations. When a client has symptoms of a mental disorder, a licensed clinical marriage and family therapist shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed clinical marriage and family therapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(4) On and after January 1, 2002, a licensed marriage and family therapist may diagnose and treat mental disorders specified in the edition of the diagnostic and statistical manual of mental disorders of the American psychiatric association designated by the board by rules and regulations only under the direction of a licensed clinical marriage and family therapist, licensed psychologist, person licensed to practice medicine and surgery or person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of mental disorders. When a client has symptoms of a mental disorder, a licensed marriage and family therapist shall consult with the client's primary care physician or psychiatrist to determine if there may be a medical condition or medication that may be causing or contributing to the client's symptoms of a mental disorder. A client may request in writing that such consultation be waived and such request shall be made a part of the client's record. A licensed marriage and family therapist may continue to evaluate and treat the client until such time that the medical consultation is obtained or waived.
(c) (1) An individual may apply to the board for a community-based marriage and family therapist license to practice marriage and family therapy in the scope of employment by a community mental health center, as defined in K.S.A. 39-2002, and amendments thereto, a federally qualified health center, as defined in K.S.A. 65-7402, and amendments thereto, a psychiatric residential treatment facility as defined in K.S.A. 39-2002, and amendments thereto, or a private treatment facility as defined in K.S.A. 59-29b46, and amendments thereto.
(2) A community-based marriage and family therapist license may be issued by the board after the board reviews and approves the application and the applicant has paid the fee set by the board for issuance of a community-based marriage and family therapist license.
(3) (A) Absent extenuating circumstances approved by the board, a community-based marriage and family therapist license issued by the board shall expire:
(i) Upon the date the board issues or denies a license to practice marriage and family therapy; or
(ii) 24 months after the date of issuance of the community-based marriage and family therapist license.
(B) No community-based marriage and family therapist license shall be renewed or issued again on any subsequent application for the same license level. This paragraph shall not be construed to limit the number of times an applicant may take the examination.
(4) A person practicing marriage and family therapy with a community-based marriage and family therapist license may use the title "licensed marriage and family therapist" or the initials "LMFT" independently.
(5) No person may practice marriage and family therapy under a community-based marriage and family therapist license except under the supervision of a person licensed by the board to practice at the independent level.
(6) The board shall not issue a community-based marriage and family therapist license or temporary marriage and family therapist license to an individual who has previously been issued a community-based marriage and family therapist license or temporary marriage and family therapist license.
History: L. 1991, ch. 114, § 4; L. 1996, ch. 153, § 19; L. 1999, ch. 117, § 20; L. 2001, ch. 154, § 8; L. 2009, ch. 135, § 1; L. 2021, ch. 88, § 21; L. 2023, ch. 90, § 16; July 1.
§ 65-6405 Temporary license; application; limitations on practice
(a) A person who is waiting to take the examination required by the board may apply to the board for a temporary marriage and family therapy license to practice as a licensed marriage and family therapist by:
(1) Paying a temporary license fee as established by the board under K.S.A. 65-6411, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-6404(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto.
(b) A person who is waiting to take the license examination required by the board, and who has not completed a practicum including 300 hours of direct client contact but has been approved by the board to complete other postgraduate experience totaling 300 hours, may apply to the board for a temporary marriage and family therapy license to practice as a licensed marriage and family therapist by:
(1) Paying a temporary license fee established by the board under K.S.A. 65-6411, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-6404(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto, and, except for the requirement to complete a practicum or other postgraduate experience, the requirements of K.S.A. 65-6404(a)(2), and amendments thereto.
(c) (1) A temporary marriage and family therapy license may be issued by the board after the application has been reviewed and approved by the board and the applicant has paid the appropriate fee as established by the board under K.S.A. 65-6411, and amendments thereto.
(2) Absent extenuating circumstances approved by the board, a temporary license issued by the board shall expire upon the date the board issues or denies the person a license to practice marriage and family therapy or 24 months after the date of issuance of the temporary license.
(3) No temporary license shall be renewed or issued again on any subsequent application for the same license level. The preceding provision in no way limits the number of times an applicant may take the examination.
(c)* A person practicing marriage and family therapy with a temporary marriage and family therapy license may not use the title "licensed marriage and family therapist" or the initials "LMFT" independently. The word "licensed" may be used only when followed by the words "by temporary license."
(d)* No person may practice marriage and family therapy under a temporary marriage and family therapy license except under the supervision of a person licensed by the behavioral sciences regulatory board at the independent level.
(e)* Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such temporary license.
History: L. 1991, ch. 114, § 5; L. 1996, ch. 153, § 20; L. 1999, ch. 108, § 4; L. 2001, ch. 154, § 9; L. 2006, ch. 61, § 3; L. 2016, ch. 92, § 45; L. 2019, ch. 55, § 13; L. 2023, ch. 90, § 17; July 1.
§ 65-6405a Temporary permit; requirements; fees; expiration, extension
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of marriage and family therapy at the clinical level in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the clinical practice of marriage and family therapy in that jurisdiction for at least two years immediately preceding application may engage in the independent practice of clinical marriage and family therapy as provided by K.S.A. 65-6401 et seq., and amendments thereto, in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice in this state shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any clinical marriage and family therapy services rendered within any 24-hour period shall count as one entire day of clinical marriage and family therapy services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board may charge a fee of a maximum of $200 for a temporary permit to practice and a fee of a maximum of $200 for an extension of a temporary permit to practice as established by rules and regulations of the board.
(e) A person who holds a temporary permit to practice clinical marriage and family therapy in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical marriage and family therapy in this state.
(f) In accordance with the Kansas administrative procedures act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical marriage and family therapy in this state without complying with the provisions of this section.
(g) This section shall be a part of and supplemental to the marriage and family therapists licensure act.
History: L. 2007, ch. 13, § 3; L. 2021, ch. 88, § 22; May 6.
§ 65-6406 Licensure of individual registered, certified or licensed in another jurisdiction; when authorized; application fee
(a) The board may issue a license to an individual who is currently registered, certified or licensed to practice marriage and family therapy in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice marriage and family therapy in the other jurisdiction are substantially the equivalent of the requirements of the marriage and family therapists licensure act and rules and regulations of the board; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice marriage and family therapy with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of at least a master's degree in marriage and family therapy or a related field as approved by the board from a regionally accredited university.
(b) Applicants for licensure as a clinical marriage and family therapist shall additionally demonstrate competence to diagnose and treat mental disorders through meeting the requirements of either subsection (a)(1) or (a)(2) and at least two of the following areas acceptable to the board:
(1) Either graduate coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(2) three years of clinical practice with demonstrated experience in diagnosing or treating mental disorders; or
(3) attestation from a professional licensed to diagnose and treat mental disorders in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnose and treat mental disorders.
(c) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-6411, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall pay the license fee as provided in K.S.A. 65-6411, and amendments thereto.
History: L. 1991, ch. 114, § 6; L. 1996, ch. 153, § 21; L. 2002, ch. 59, § 1; L. 2003, ch. 129, § 4; L. 2016, ch. 92, § 46; L. 2019, ch. 55, § 14; L. 2023, ch. 90, § 18; July 1.
§ 65-6407 Licensure; expiration and renewal; continuing education; reinstatement of expired, suspended or revoked license; notice of change of address
(a) An applicant who meets the requirements for licensure pursuant to this act, has paid the license fee provided for by K.S.A. 65-6411, and amendments thereto, and has otherwise complied with the provisions of this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A license may be renewed upon application and payment of the fee provided for by K.S.A. 65-6411, and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board. Prior to July 1, 2025, as part of such continuing education, the applicant shall complete not less than six continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics. On and after July 1, 2025, as part of such continuing education, a licensee shall complete not less than three continuing education hours relating to diagnosis and treatment of mental disorders and not less than three continuing education hours of professional ethics.
(c) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee's reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by K.S.A. 65-6411, and amendments thereto.
(e) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The renewal fee established under K.S.A. 65-6411, and amendments thereto, and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by the fee established under K.S.A. 65-6411, and amendments thereto. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(f) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
History: L. 1991, ch. 114, § 7; L. 1996, ch. 153, § 22; L. 1999, ch. 117, § 22; L. 2016, ch. 92, § 47; L. 2023, ch. 90, § 19; July 1.
§ 65-6408 Refusal to grant, suspension, condition, limitation, qualification, restriction or revocation of license; grounds
(a) The board may refuse to issue, renew or reinstate a license, may condition, limit, revoke or suspend a license, may publicly or privately censure a licensee or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for license:
(1) Is incompetent to practice marriage and family therapy. "Incompetent to practice marriage and family therapy" means:
(A) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;
(B) repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; or
(C) a pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to practice marriage and family therapy;
(2) has been convicted of a felony offense and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(3) has been convicted of a misdemeanor against persons and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(4) is currently listed on a child abuse registry or an adult protective services registry as the result of a substantiated finding of abuse or neglect by any state agency, agency of another state, the District of Columbia or the United States, territory of the United States or another country and the applicant or licensee has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(5) has violated a provision of the marriage and family therapists licensure act or one or more of the rules and regulations of the board;
(6) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(7) has knowingly made a false statement on a form required by the board for license or license renewal;
(8) has failed to obtain continuing education credits required by rules and regulations of the board;
(9) has been found to have engaged in unprofessional conduct as defined by applicable rules and regulations adopted by the board;
(10) has had a professional registration, license or certificate revoked, suspended or limited, or has had other disciplinary action taken, or an application for registration, license or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof; or
(11) has violated any lawful order or directive of the board previously entered by the board.
(b) For issuance of a new license or reinstatement of a revoked or suspended license for a licensee or applicant for licensure with a felony conviction, the board may only issue or reinstate such license by a 2/3 majority vote.
(c) Administrative proceedings and disciplinary actions regarding licensure under the marriage and family therapists licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the marriage and family therapists licensure act shall be in accordance with the Kansas judicial review act.
History: L. 1991, ch. 114, § 8; L. 1996, ch. 153, § 23; L. 2016, ch. 92, § 48; L. 2021, ch. 88, § 23; May 6.
§ 65-6409 Construction of act
Nothing in the marriage and family therapists licensure act shall be construed:
(a) To prevent marriage and family therapy practice by students or interns or individuals preparing for the practice of marriage and family therapy to practice under qualified supervision of a professional, recognized and approved by the board, in an educational institution or agency so long as they are designated by titles such as "student," "trainee," "intern" or other titles clearly indicating training status;
(b) to authorize the practice of psychology, medicine and surgery, professional counseling, masters level psychology or licensed social work;
(c) to apply to the activities and services of a rabbi, priest, minister, clergy person or organized ministry of any religious denomination or sect, including a Christian-Science practitioner, unless such person or individual who is a part of the organized ministry is a licensed marriage and family therapist; or
(d) to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, masters level psychologists, professional counselors, registered nurses or social workers performing services consistent with the laws of this state, their training and the code of ethics of their profession, so long as they do not represent themselves as being a marriage and family therapist; or
(e) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being a marriage and family therapist.
History: L. 1991, ch. 114, § 9; L. 1996, ch. 153, § 24; January 1, 1997.
§ 65-6410 Confidential information and communications; exceptions
(a) A person licensed under the marriage and family therapists licensure act and employees and professional associates of the person shall not be required to disclose any information that the person, employee or associate may have acquired in rendering marriage and family therapy services, unless:
(1) Disclosure is required by other state laws;
(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;
(3) the person, employee or associate is a party defendant to a civil, criminal or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;
(4) the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; or
(5) a client agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, a marriage and family therapist shall not disclose information received from a family member.
(b) Nothing in this section or in this act shall be construed to prohibit any person licensed under the marriage and family therapist licensure act from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of a client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 1991, ch. 114, § 10; L. 1996, ch. 153, § 25; L. 1999, ch. 117, § 23; July 1, 2000.
§ 65-6411 Fees
(a) The board may collect the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as a marriage and family therapist, not to exceed $150;
(2) for temporary licensure as a marriage and family therapist, not to exceed $175;
(3) for original licensure as a marriage and family therapist, not to exceed $175;
(4) for renewal for licensure as a marriage and family therapist, not to exceed $175;
(5) for a six-month reinstatement temporary license as a marriage and family therapist, not to exceed $50;
(6) for application for licensure as a clinical marriage and family therapist, not to exceed $175;
(7) for original licensure as a clinical marriage and family therapist, not to exceed $175;
(8) for renewal for licensure as a clinical marriage and family therapist, not to exceed $175;
(9) for a six-month reinstatement temporary license as a clinical marriage and family therapist, not more than $50;
(10) for community-based licensure as a marriage and family therapist, not to exceed $175;
(11) for reinstatement of a license, not to exceed $175;
(12) for replacement of a license, not to exceed $20;
(13) for renewal penalty, an amount equal to the renewal of license;
(14) for a wallet card license, not to exceed $5; and
(15) for application for approval as a board-approved clinical supervisor, not to exceed $50.
(b) Fees paid to the board are not refundable.
History: L. 1991, ch. 114, § 11; L. 1993, ch. 19, § 1; L. 1996, ch. 153, § 26; L. 1996, ch. 153, § 27; L. 1999, ch. 117, § 24; L. 2016, ch. 92, § 49; L. 2019, ch. 55, § 15; L. 2021, ch. 88, § 24; L. 2023, ch. 90, § 20; July 1.
§ 65-6412 Repealed
History: L. 1991, ch. 114, § 12; L. 1996, ch. 153, § 28; L. 2010, ch. 17, § 167; Repealed, L. 2016, ch. 92, § 101; July 1.
§ 65-6413 Disclosure to client at beginning of client-therapist relationship; documentation
A licensee under the marriage and family therapists licensure act, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 1999, ch. 117, § 21; July 1, 2000.
§ 65-6414 Postgraduate clinical supervision of marriage and family therapists; requirements
On and after July 1, 2017, all licensees providing postgraduate clinical supervision for those working toward clinical licensure must be board-approved clinical supervisors.
(a) Applications for board-approved clinical supervisor shall be made to the board on a form and in the manner prescribed by the board. Each application shall be accompanied by the fee fixed under K.S.A.
65-6411, and amendments thereto.
(b) Each applicant for board-approved clinical supervisor shall furnish evidence satisfactory to the board that the applicant:
(1) (A) Is currently licensed as a clinical marriage and family therapist and has practiced as a clinical marriage and family therapist for two years beyond the supervisor's licensure date; or
(B) be a person who is licensed at the graduate level to practice in one of the behavioral sciences, and whose authorized scope of practice permits the diagnosis and treatment of mental disorders and shall have at least two years of professional experience in the independent practice of clinical marriage and family therapy beyond the date of licensure at this level;
(2) does not have any disciplinary action that would prohibit providing clinical supervision; and
(3) (A) has completed the minimum number of semester hours of coursework related to the enhancement of supervision skills approved by the board; or
(B) has completed the minimum number of continuing education hours related to the enhancement of supervision skills approved by the board.
(c) Each board-approved clinical supervisor shall complete, as part of the continuing education required under K.S.A.
65-6407, and amendments thereto, at least three hours of continuing education related to the enhancement of supervisory skills, and at least one such hour must focus on ethics in supervision.
History: L. 2016, ch. 92, § 50; July 1.
§ 65-6415 Provisional licensure as marriage and family therapist; remedial requirements prescribed by board; professional title
(a) If, in evaluating any applicant for licensure as a marriage and family therapist, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 65-6404 or 65-6406, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for provisional licensure as a marriage and family therapist on a form and in a manner prescribed by the board. The board may issue a provisional license to practice marriage and family therapy. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice marriage and family therapy or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing marriage and family therapy with a provisional license may not use the title "licensed marriage and family therapist" or "licensed clinical marriage and family therapist" or the initials "LMFT" or "LCMFT," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
History: L. 2019, ch. 55, § 3; May 9.
Article 65 Speech-Language Pathologists and Audiologists
§ 65-6501 Definitions
As used in this act, the following words and phrases shall have the meanings respectively ascribed to them in this section:
(a) "Secretary" means the secretary for aging and disability services.
(b) "Speech-language pathology" means the application of principles, methods and procedures related to the development and disorders of human communication. Disorders include any and all conditions, whether of organic or nonorganic origin, that impede the normal process of human communication including disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication, and oral pharyngeal or laryngeal sensorimotor competencies, or both. Speech-language pathology does not mean diagnosis or treatment of medical conditions as defined by K.S.A. 65-2869, and amendments thereto.
(c) "Practice of speech-language pathology" means:
(1) Rendering or offering to render to individuals or groups of individuals who have or are suspected of having disorders of communication, any service in speech-language pathology including prevention, identification, evaluation, consultation, habilitation and rehabilitation;
(2) determining the need for personal augmentative communication systems, recommending such systems and providing training in utilization of such systems; and
(3) planning, directing, conducting or supervising such services.
(d) "Speech-language pathologist" means a person who engages in the practice of speech-language pathology and who meets the qualifications set forth in this act.
(e) "Audiology" means the application of principles, methods and procedures related to hearing and the disorders of hearing and to related language and speech disorders. Disorders include any and all conditions, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function or processing. Audiology does not mean diagnosis or treatment of medical conditions as defined by K.S.A. 65-2869, and amendments thereto.
(f) "Practice of audiology" means:
(1) Rendering or offering to render to individuals or groups of individuals who have or are suspected of having disorders of hearing, any service in audiology, including prevention, identification, evaluation, consultation and habilitation or rehabilitation (other than hearing aid or other assistive listening device dispensing);
(2) participating in hearing conservation;
(3) providing auditory training and speech reading;
(4) conducting tests of vestibular function;
(5) evaluating tinnitus; and
(6) planning, directing, conducting or supervising services.
(g) "Audiologist" means any person who engages in the practice of audiology and who meets the qualifications set forth in this act.
(h) "Speech-language pathology assistant" means an individual who meets minimum qualifications established by the secretary which are less than those established by this act as necessary for licensing as a speech-language pathologist; does not act independently; and works under the direction and supervision of a speech-language pathologist licensed under this act.
(i) "Audiology assistant" means an individual who meets minimum qualifications established by the secretary, which are less than those established by this act as necessary for licensing as an audiologist; does not act independently; and works under the direction and supervision of an audiologist licensed under this act.
(j) "Sponsor" means entities approved by the secretary for aging and disability services to provide continuing education programs or courses on an ongoing basis under this act and in accordance with any rules and regulations promulgated by the secretary in accordance with this act.
History: L. 1991, ch. 177, § 1; L. 1997, ch. 9, § 1; L. 2012, ch. 100, § 1; L. 2014, ch. 115, § 278; July 1.
§ 65-6502 Speech-language pathology and audiology board established; duties; composition; appointment of members
(a) There is hereby established a speech-language pathology and audiology board. Such board shall be advisory to the secretary for aging and disability services in all matters concerning standards, rules and regulations and all matters relating to this act.
(b) The board shall be composed of five persons appointed by the secretary who have been residents of this state for at least two years. Two members shall be licensed, or initially eligible for licensure, as speech-language pathologists; one member shall be licensed, or initially eligible for licensure, as an audiologist; one member shall be a person licensed to practice medicine and surgery; and one member shall be a member of the general public who is not a health care provider. The secretary may make appointments from a list submitted by professional organizations representing speech pathologists and audiologists.
(c) Members of the board attending meetings of such board or attending a subcommittee meeting thereof authorized by such board shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
(d) Board members shall be appointed for a term of two years and until their successors are appointed and qualified, except that of the initial appointments, which shall be made within 60 days after the effective date of this act, two members first appointed, as specified by the secretary, shall serve on the board for terms of one year and thereafter, upon expiration of such one-year terms, successors shall be appointed in the same manner as the original appointments. The chairperson of the board shall be elected annually from among the members of the board. Whenever a vacancy occurs on the board by reason other than the expiration of a term of office, the secretary shall appoint a successor of like qualifications for the remainder of the unexpired term. No person shall be appointed to serve more than three successive two-year terms.
(e) Appointments to fill vacancies shall be made in the same manner as original appointments for the unexpired portion of the term. The secretary may terminate the appointment of any member for cause which in the opinion of the secretary reasonably justifies such termination.
History: L. 1991, ch. 177, § 2; L. 2012, ch. 100, § 2; L. 2014, ch. 115, § 279; July 1.
§ 65-6503 Duties of secretary for aging and disability services
(a) The secretary shall:
(1) Issue to each person who has met the education and training requirements listed in K.S.A. 65-6505, and amendments thereto, and such other reasonable qualifications as may be established by rules and regulations promulgated by the secretary, the appropriate license as a speech-language pathologist or audiologist;
(2) establish by rules and regulations the methods and procedures for examination of candidates for licensure;
(3) appoint employees necessary to administer this act and fix their compensation within the limits of appropriations made for that purpose;
(4) keep a record of the board's proceedings and a register of all applicants for and recipients of licenses; and
(5) make all such reasonable rules and regulations as deemed necessary to carry out and enforce the provisions of this act.
(b) All rules and regulations, orders and directives of the secretary of health and environment concerning speech-language pathologists and audiologists in existence on the effective date of this act shall continue to be effective and shall be deemed to be duly adopted rules and regulations, orders and directives of the secretary for aging and disability services until revised, amended, revoked or nullified pursuant to law.
(c) All records of the department of health and environment concerning speech-language pathologists and audiologists in existence on the effective date of this act are hereby transferred to the secretary for aging and disability services.
(d) Whenever a reference or designation is made to the department of health and environment concerning speech-language pathologists or audiologists by a contract or other document, such reference or designation shall be deemed to apply to the secretary for aging and disability services.
History: L. 1991, ch. 177, § 3; L. 2012, ch. 100, § 3; L. 2014, ch. 115, § 280; July 1.
§ 65-6504 Unlawful acts and representations; persons licensed under act not authorized to engage in dispensing and fitting hearing aids and not engaged in practice of healing arts; self representation
(a) On or after September 1, 1992, it shall be unlawful for any person to engage in the practice of speech-language pathology or audiology in the state of Kansas unless such person has been issued a valid license pursuant to this act or is specifically exempted from the provisions of this act. It shall be unlawful for any person to hold oneself out to the public as a "speech pathologist," "speech therapist," "speech correctionist," "speech clinician," "language pathologist," "voice therapist," "voice pathologist," "logopedist," "communicologist," "aphasiologist," "phoniatrist," "audiologist," "audiometrist," "hearing therapist," "hearing clinician," "hearing aid audiologist," or any variation, unless such person is licensed under this act as a speech-language pathologist or audiologist.
(b) No person licensed under this act shall be authorized to engage in the practice of dispensing and fitting hearing aids as defined under K.S.A. 74-5807, and amendments thereto, unless such person is also licensed or holds a certificate of endorsement under the hearing aid act to engage in the practice of dispensing and fitting hearing aids.
(c) Persons licensed under this act to engage in the practice of speech-language pathology or audiology shall not be deemed to be engaged in the practice of the healing arts when practicing under and in accordance with this act.
(d) Persons licensed under this act to engage in the practice of audiology with doctorate degrees shall use the appropriate words or letters, such as "AuD," "PhD," "EdD" and "ScD," when using the letters or term "Dr." or "Doctor" to identify themselves.
History: L. 1991, ch. 177, § 4; L. 2010, ch. 118, § 4; July 1.
§ 65-6505 Qualifications for licensure
(a) Speech-language pathologists or audiologists shall meet the following qualifications for licensure under this act:
(1) Except as otherwise provided in subsection (b), possession of at least a master's degree or equivalent in speech-language pathology or audiology from an educational institution with standards consistent with those of the state universities of Kansas approved by the secretary pursuant to rules and regulations;
(2) completion of supervised clinical practicum experiences from an educational institution or its cooperating programs the content of which shall be consistent with the standards of the state universities of Kansas and delineated in the rules and regulations;
(3) except as otherwise provided in subsection (c), completion of a postgraduate professional experience pursuant to rules and regulations; and
(4) passage of an examination in speech-language pathology or audiology pursuant to rules and regulations.
(b) Any individual seeking licensure as an audiologist on or after January 1, 2012, shall possess at least a doctorate degree or equivalent in audiology from an educational institution with standards consistent with those of the state universities of Kansas approved by the secretary pursuant to rules and regulations. Any individual who possesses at least a master's degree or equivalent in audiology prior to January 1, 2012, shall be deemed to have met the educational requirement of subsection (a)(1) for licensure as an audiologist.
(c) Any applicant who possesses an audiology clinical doctoral degree shall be exempt from the requirements in subsection (a)(3).
History: L. 1991, ch. 177, § 5; L. 1995, ch. 260, § 6; L. 2010, ch. 118, § 5; July 1.
§ 65-6506 Application for licensure; expiration and renewal; fees; reinstatement of lapsed license; licensure by another jurisdiction; temporary license
(a) Any applicant for licensure shall submit an application to the secretary upon the forms prescribed and furnished by the secretary and shall pay appropriate fees as established by the secretary, including examination fees if required. All licenses shall expire after two years and may be renewed by submitting an application, showing proof of completing required continuing education and paying a renewal fee to be established by rule and regulation and collected by the secretary. The secretary may issue a license for a period of less than two years for the purpose of administratively adjusting renewals. In such case, the licensee shall be charged a prorated renewal fee based upon current renewal fee structure.
(b) At least 30 days before the expiration of the license, the secretary shall notify the licensee of the expiration by mail addressed to the licensee's last place of residence as noted upon the office records. If the licensee fails to submit an application and fee by the date of expiration of the license, the licensee shall be given a second notice that the license has expired and the license may only be renewed if the application, renewal fee, and late renewal fee are received by the secretary with the 30-day period following the date of expiration and, if both fees are not received within the 30-day period, the license shall be considered to have lapsed for failure to renew and shall be reissued only after the applicant has been reinstated under subsection (c). Temporary licenses may be renewed for one consecutive 12-month period upon payment of renewal fee and documentation of failure to complete requirements for which the temporary license was originally issued.
(c) A licensee who fails to renew as herein provided may be reinstated upon payment of the renewal fee and the reinstatement fee, and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the secretary. The secretary shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of persons whose licenses have lapsed for failure to renew.
(d) The secretary may issue a license to a person holding a valid license in another state if:
(1) The secretary receives from the issuing state or states documentation that the licensee is currently in good standing with no violations or sanctions pending or in effect;
(2) the applicant, pursuant to rules and regulations: (A) Meets current educational, clinical practicum, postgraduate professional experience and examination requirements; or (B) has received a masters degree awarded prior to January 1, 1993, with a major course of study in speech-language pathology or audiology, or both, and a supervised clinical practicum experience and has completed postgraduate professional experience and passed an examination in speech-language pathology or audiology, or both; and
(3) the applicant pays an endorsement and application fee pursuant to rules and regulations.
(e) The secretary may issue a temporary speech-language pathology or audiology license for a period of 12 months pursuant to rules and regulations.
History: L. 1991, ch. 177, § 6; L. 1995, ch. 260, § 7; July 1.
§ 65-6507 Contracts to obtain information about courses of study and clinical practicum experience
The secretary may contract with investigative agencies, commissions or consultants to assist the secretary in obtaining information about courses of study and supervised clinical practicum experiences to be approved by the secretary under K.S.A. 65-6505 and amendments thereto.
History: L. 1991, ch. 177, § 7; January 1, 1992.
§ 65-6508 Denial, revocation, suspension or limitation of license; grounds
The secretary shall deny, revoke, suspend or limit the license provided for in this act for any of the following reasons:
(a) Making a false statement on an application for a license, or any other document required by the secretary;
(b) engaging or attempting to engage, or representing oneself as so entitled, to perform procedures not authorized in the license;
(c) demonstrating incompetence or making consistent negligent errors in tests or procedures;
(d) engaging in dishonorable, unethical or unprofessional conduct, as defined by rules and regulations;
(e) providing professional services while mentally incompetent, under the influence of alcohol or narcotic or controlled substance that is in excess of therapeutic amounts or without valid medical indication;
(f) violating or aiding and abetting in a violation of any provisions of this act or any of the rules or regulations adopted under this act; or
(g) having been convicted of a crime found by the secretary to have a direct bearing on whether one should be entrusted to serve the public in the capacity of a speech-language pathologist or audiologist.
History: L. 1991, ch. 177, § 8; L. 1995, ch. 260, § 8; July 1.
§ 65-6509 Administrative proceedings; judicial review
Proceedings under this act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under this act shall be in accordance with the Kansas judicial review act.
History: L. 1991, ch. 177, § 9; L. 2010, ch. 17, § 168; July 1.
§ 65-6510 Penalty for violation of act
Any person who violates any of the provisions of this act shall be guilty of a class C misdemeanor and each day in violation of this act shall be considered a separate offense.
History: L. 1991, ch. 177, § 10; January 1, 1992.
§ 65-6511 Act not applicable to certain persons
The provisions of this act shall not apply to:
(a) Personnel employed by the United States government;
(b) healthcare providers as defined by K.S.A. 65-4921, and amendments thereto, or exempt licensees under the Kansas healing arts act who are providing services within the lawful scope of their authority so long as they do not hold themselves out to the public by a title set forth in K.S.A. 65-6504, and amendments thereto;
(c) persons duly credentialed by this state as a teacher of the deaf or hard of hearing who are providing services within the lawful scope of their authority so long as they do not hold themselves out to the public by a title set forth in K.S.A. 65-6504, and amendments thereto;
(d) the activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university provided that:
(1) These activities and services constitute a part of the organized course of study at that institution;
(2) such persons are designated by a title such as intern, trainee, student, or by other such title clearly indicating the status appropriate to their level of education; and
(3) such persons work under the supervision of a person licensed by this state to practice speech-language pathology or audiology.
(e) an employee or other person under the supervision of a person licensed to practice medicine and surgery in this state so long as such persons do not hold themselves out to the public by a title set forth in K.S.A. 65-6504, and amendments thereto; or
(f) persons licensed or holding a certificate of endorsement to engage in the practice of dispensing and fitting hearing aids under the hearing aid act when practicing under and in accordance with the hearing aid act so long as such persons do not hold themselves out to the public by a title set forth in K.S.A. 65-6504, and amendments thereto.
History: L. 1991, ch. 177, § 11; L. 2022, ch. 75, § 9; April 28.
§ 65-6512 Fees
The secretary shall fix by rules and regulations the licensure fee, sponsorship fee, temporary licensure fee, renewal fee, late renewal fee, reinstatement fee and examination fee, if necessary, under this act. Such fees shall be fixed in an amount to cover the costs of administering the provisions of the act. No fee shall be more than $200. The secretary shall remit all moneys received from fees, charges or penalties under this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the health occupations credentialing fee fund created by K.S.A. 39-979, and amendments thereto.
History: L. 1991, ch. 177, § 12; L. 1997, ch. 9, § 2; L. 2001, ch. 5, § 269; L. 2018, ch. 32, § 5; July 1.
§ 65-6513 Audiology and speech-language pathology interstate compact
This act shall be known and may be cited as the audiology and speech-language pathology interstate compact.
AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT
SECTION 1
PURPOSE
The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient or client or student is located at the time of the patient or client or student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
(a) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
(b) enhance the states' ability to protect the public's health and safety;
(c) encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;
(d) support spouses of relocating active duty military personnel;
(e) enhance the exchange of licensure, investigative and disciplinary information between member states;
(f) allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and
(g) allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
SECTION 2
DEFINITIONS
As used in this compact, and except as otherwise provided, the following definitions shall apply:
(a) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
(b) "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee or restriction on the licensee's practice.
(c) "Alternative program" means a non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
(d) "Audiologist" means an individual who is licensed by a state to practice audiology.
(e) "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.
(f) "Audiology and speech-language pathology compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.
(g) "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech-language pathology licensing board," or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists or speech-language pathologists.
(h) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient or client or student is located at the time of the patient or client or student encounter.
(i) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
(j) "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action.
(k) "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the national practitioners data bank, NPDB.
(l) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(m) "Home state" means the member state that is the licensee's primary state of residence.
(n) "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction or other health-related conditions.
(o) "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.
(p) "Member state" means a state that has enacted the compact.
(q) "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.
(r) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
(s) "Rule" means a regulation, principle or directive promulgated by the commission that has the force of law.
(t) "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
(u) "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.
(v) "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.
(w) "State" means any state, commonwealth, district or territory of the United States of America that regulates the practice of audiology and speech-language pathology.
(x) "State practice laws" means a member state's laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice and create the methods and grounds for imposing discipline.
(y) "Telehealth" means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention and consultation.
SECTION 3
STATE PARTICIPATION IN THE COMPACT
(a) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.
(b) A state shall implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.
(1) A member state shall fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.
(2) Communication between a member state, the commission and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under public law 92-544.
(c) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant or whether any adverse action has been taken against any license or privilege to practice held by the applicant.
(d) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws.
(e) An audiologist shall:
(1) Meet one of the following educational requirements:
(A) On or before December 31, 2007, have graduated with a master's degree or doctorate in audiology or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board;
(B) on or after January 1, 2008, have graduated with a doctoral degree in audiology or equivalent degree regardless of degree name from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or
(C) have graduated from an audiology program that is housed in an institution of higher education outside of the United States for which: (i) The program and institution have been approved by the authorized accrediting body in the applicable country; and (ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;
(2) have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission;
(3) have successfully passed a national examination approved by the commission;
(4) hold an active, unencumbered license;
(5) have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and
(6) have a valid United States social security or national practitioner identification number.
(f) A speech-language pathologist shall:
(1) Meet one of the following educational requirements:
(A) Have graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board;
(B) have graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States for which: (i) The program and institution have been approved by the authorized accrediting body in the applicable country; and (ii) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program; or
(C) have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission;
(2) have completed a supervised postgraduate professional experience as required by the commission;
(3) have successfully passed a national examination approved by the commission;
(4) hold an active, unencumbered license;
(5) have not been convicted or found guilty, and have not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and
(6) have a valid United States social security or national practitioner identification number.
(g) The privilege to practice is derived from the home state license.
(h) An audiologist or speech-language pathologist practicing in a member state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws of the member state in which the client is located at the time service is provided.
(i) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(j) Member states may charge a fee for granting a compact privilege.
(k) Member states shall comply with the bylaws and rules and regulations of the commission.
SECTION 4
COMPACT PRIVILEGE
(a) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall:
(1) Hold an active license in the home state;
(2) have no encumbrance on any state license;
(3) be eligible for a compact privilege in any member state in accordance with section 3;
(4) have not had any adverse action against any license or compact privilege within the previous two years from date of application;
(5) notify the commission that the licensee is seeking the compact privilege within a remote state;
(6) pay any applicable fees, including any state fee, for the compact privilege; and
(7) report to the commission any adverse action taken by a non-member state within 30 days from the date the adverse action is taken.
(b) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.
(c) Except as provided in section 6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist shall apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.
(d) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.
(e) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
(f) If an audiologist or speech-language pathologist changes the audiologist's or speech-language pathologist's primary state of residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.
(g) The compact privilege is valid until the expiration date of the home state license. The licensee shall comply with the requirements of section 4(a) to maintain the compact privilege in the remote state.
(h) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(i) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens.
(j) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(1) The home state license is no longer encumbered; and
(2) two years have elapsed from the date of the adverse action.
(k) Once an encumbered license in the home state is restored to good standing, the licensee shall be required to meet the requirements of section 4(a) to obtain a compact privilege in any remote state.
(l) Once the requirements of section 4(j) have been met, the licensee shall be required to meet the requirements in section 4(a) to obtain a compact privilege in a remote state.
SECTION 5
COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with section 3 and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.
SECTION 6
ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.
SECTION 7
ADVERSE ACTIONS
(a) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(1) Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state; and
(2) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(3) Only the home state shall have the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state.
(b) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(c) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.
(d) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.
(e) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.
(f)
Joint Investigations.
(1) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(2) Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(g) If adverse action is taken by the home state against an audiologist's or speech language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.
(h) If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
(i) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
SECTION 8
ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSION
(a) The compact member states hereby create and establish a joint public agency known as the audiology and speech-language pathology compact commission.
(1) The commission is an instrumentality of the compact states.
(2) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting and meetings:
(1) Each member state shall have two delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist;
(2) an additional five delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission at large;
(3) any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed; and
(4) the member state board shall fill any vacancy occurring on the commission, within 90 days.
(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.
(6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
(7) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
(c) The commission shall have the following powers and duties:
(1) Establish the fiscal year of the commission;
(2) establish bylaws;
(3) establish a code of ethics;
(4) maintain its financial records in accordance with the bylaws;
(5) meet and take actions as are consistent with the provisions of this compact and the bylaws;
(6) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;
(7) bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;
(8) purchase and maintain insurance and bonds;
(9) borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state;
(10) hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
(11) accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety and conflict of interest;
(12) lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed, provided that at all times the commission shall avoid any appearance of impropriety;
(13) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;
(14) establish a budget and make expenditures;
(15) borrow money;
(16) appoint committees, including standing committees composed of members and other interested persons as may be designated in this compact and the bylaws;
(17) provide and receive information from, and cooperate with, law enforcement agencies;
(18) establish and elect an executive committee; and
(19) perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.
(d)
Executive committee.
(1) The executive committee shall have the power to act on behalf of the commission according to the terms of this compact.
(2) The executive committee shall be composed of 10 members:
(A) Seven voting members who are elected by the commission from the current membership of the commission;
(B) two ex-officio members, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and
(C) one ex-officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.
(e) The ex-officio members shall be selected by their respective organizations.
(1) The commission may remove any member of the executive committee as provided in the bylaws.
(2) The executive committee shall meet at least annually.
(3) The executive committee shall have the following duties and responsibilities:
(A) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues and any commission compact fee charged to licensees for the compact privilege;
(B) ensure compact administration services are appropriately provided, contractual or otherwise;
(C) prepare and recommend the budget;
(D) maintain financial records on behalf of the commission;
(E) monitor compact compliance of member states and provide compliance reports to the commission;
(F) establish additional committees as necessary; and
(G) other duties as provided in rules or bylaws.
(4)
Meetings of the commission.
All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in section 10.
(5) The commission or the executive committee or other committees of the commission may convene in a closed, non-public meeting if the commission or executive committee or other committees of the commission must discuss:
(A) Non-compliance of a member state with its obligations under the compact;
(B) the employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
(C) current, threatened or reasonably anticipated litigation;
(D) negotiation of contracts for the purchase, lease or sale of goods, services or real estate;
(E) accusing any person of a crime or formally censuring any person;
(F) disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(G) disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(H) disclosure of investigative records compiled for law enforcement purposes;
(I) disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
(J) matters specifically exempted from disclosure by federal or member state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(7) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
(8)
Financing of the commission.
(A) The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
(B) The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services.
(C) The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which shall be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
(9) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
(10) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
(f)
Qualified immunity, defense and indemnification.
(1) The members, officers, executive director, employees and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person.
(2) The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
(3) The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 9
DATA SYSTEM
(a) The commission shall provide for the development, maintenance and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.
(b) Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
(1) Identifying information;
(2) licensure data;
(3) adverse actions against a license or compact privilege;
(4) non-confidential information related to alternative program participation;
(5) any denial of application for licensure, and the reason for denial; and
(6) other information that may facilitate the administration of this compact, as determined by the rules of the commission.
(c) Investigative information pertaining to a licensee in any member state shall only be available to other member states.
(d) The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
(e) Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
(f) Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 10
RULEMAKING
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.
(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule shall be considered and voted upon, the commission shall file a notice of proposed rulemaking:
(1) On the website of the commission or other publicly accessible platform; and
(2) on the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
(e) The notice of proposed rulemaking shall include:
(1) The proposed time, date and location of the meeting in which the rule shall be considered and voted upon;
(2) the text of the proposed rule or amendment and the reason for the proposed rule;
(3) a request for comments on the proposed rule from any interested person; and
(4) the manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
(f) Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
(1) At least 25 persons;
(2) a state or federal governmental subdivision or agency; or
(3) an association having at least 25 members.
(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
(1) All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
(2) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
(3) All hearings shall be recorded. A copy of the recording shall be made available on request.
(4) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
(j) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
(k) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(1) Meet an imminent threat to public health, safety or welfare;
(2) prevent a loss of commission or member state funds; or
(3) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
SECTION 11
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
(a)
Dispute Resolution.
(1) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(b)
Enforcement.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
SECTION 12
DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
(a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th
member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
(b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(c) Any member state may withdraw from this compact by enacting a statute repealing the same.
(1) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(2) Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 13
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 14
BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(d) All agreements between the commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
History: L. 2021, ch. 13, § 1; March 31.
Article 66 Addiction Counselors
§ 65-6601 Repealed
History: L. 1992, ch. 184, § 1; Repealed, L. 2010, ch. 45, § 17; July 1, 2011.
§ 65-6602 Repealed
History: L. 1992, ch. 184, § 2; Repealed, L. 2010, ch. 45, § 17; July 1, 2011.
§ 65-6603 Repealed
History: L. 1992, ch. 184, § 3; Repealed, L. 2010, ch. 45, § 17; July 1, 2011.
§ 65-6604 Repealed
History: L. 1992, ch. 184, § 4; Repealed, L. 2010, ch. 45, § 17; July 1, 2011.
§ 65-6605 Repealed
History: L. 1992, ch. 184, § 5; Repealed, L. 2010, ch. 45, § 17; July 1, 2011.
§ 65-6606 Repealed
History: L. 1992, ch. 184, § 8; Repealed, L. 2010, ch. 45, § 17; July 1, 2011.
§ 65-6607 Citation of act
K.S.A. 65-6607 through 65-6620, and amendments thereto, shall be known and may be cited as the addiction counselor licensure act.
History: L. 2010, ch. 45, § 1; L. 2016, ch. 92, § 51; July 1.
§ 65-6608 Definitions
As used in the addiction counselor licensure act:
(a) "Addiction counseling" means the utilization of special skills to assist persons with addictions, and to assist such persons' families and friends to achieve resolution of addiction through the exploration of the disease and its ramifications, the examination of attitudes and feelings, the consideration of alternative solutions and decision making, as these relate specifically to addiction. Evaluation and assessment, treatment including treatment plan development, crisis intervention, referral, record keeping and clinical consultation specifically related to addiction are within the scope of addiction counseling. Additionally, at the clinical level of licensure, addiction counseling includes independent practice and the diagnosis and treatment of substance use disorders.
(b) "Board" means the behavioral sciences regulatory board created under K.S.A. 74-7501, and amendments thereto.
(c) "Extenuating circumstances" means any condition or situation caused by events beyond an individual's control that is sufficiently extreme in nature to result in the:
(1) Individual's inability to comply with requirements; or
(2) inadvisability of requiring the individual to comply with requirements.
(d) "Licensed addiction counselor" means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under this act. Such person shall engage in the practice of addiction counseling in a state-licensed or certified alcohol and other drug treatment program or in completing a Kansas domestic violence offender assessment for participants in a certified batterer intervention program pursuant to K.S.A. 75-7d01 through 75-7d13, and amendments thereto, unless otherwise exempt from licensure under K.S.A. 59-29b46(n), and amendments thereto.
(e) "Licensed clinical addiction counselor" means a person who engages in the independent practice of addiction counseling and diagnosis and treatment of substance use disorders specified in the edition of the American psychiatric association's diagnostic and statistical manual of mental disorders (DSM) designated by the board by rules and regulations and is licensed under this act.
(f) "Licensed master's addiction counselor" means a person who engages in the practice of addiction counseling limited to substance use disorders and who is licensed under the addiction counselor licensure act. Such person may diagnose substance use disorders only under the direction of a licensed clinical addiction counselor, a licensed psychologist, a person licensed to practice medicine and surgery or a person licensed to provide mental health services as an independent practitioner and whose licensure allows for the diagnosis and treatment of substance abuse disorders or mental disorders.
History: L. 2010, ch. 45, § 2; L. 2011, ch. 114, § 10; L. 2012, ch. 58, § 1; L. 2012, ch. 162, § 88; L. 2016, ch. 92, § 52; L. 2023, ch. 90, § 21; July 1.
§ 65-6609 Prohibited acts
(a) No person shall engage in the practice of addiction counseling or represent that such person is a licensed addiction counselor or is an addiction counselor, a substance abuse counselor or an alcohol and drug counselor without having first obtained a license as an addiction counselor under the addiction counselor licensure act.
(b) On and after September 1, 2016, no person shall engage in the practice of addiction counseling or represent that such person is a licensed master's addiction counselor, master's addiction counselor, master's substance abuse counselor or master's alcohol and drug counselor without having first obtained a license as a master's addiction counselor under the addiction counselor licensure act.
(c) No person shall engage in the practice of addiction counseling as a clinical addiction counselor or represent that such person is a licensed clinical addiction counselor, a clinical addiction counselor, a clinical substance abuse counselor or a clinical alcohol and drug counselor without having first obtained a license as a clinical addiction counselor under the addiction counselor licensure act.
(d) Violation of this section is a class B misdemeanor.
History: L. 2010, ch. 45, § 3; L. 2011, ch. 114, § 11; L. 2016, ch. 92, § 53; July 1.
§ 65-6610 Application for licensure; addiction counselor; master's addiction counselor; clinical addiction counselor; requirements
(a) An applicant for licensure as an addiction counselor shall furnish evidence that the applicant:
(1) Has attained 21 years of age;
(2) (A) has completed at least a baccalaureate degree from an addiction counseling program that is part of a college or university approved by the board;
(B) has completed at least a baccalaureate degree from a college or university approved by the board. As part of, or in addition to, the baccalaureate degree coursework, such applicant shall also complete a minimum number of semester hours of coursework on substance use disorders as approved by the board;
(C) is currently licensed in Kansas as a licensed baccalaureate social worker and has completed a minimum number of semester hours of coursework on substance use disorders as approved by the board; or
(D) is currently licensed in Kansas by the board as a master social worker, specialist clinical social worker, professional counselor, clinical professional counselor, marriage and family therapist, clinical marriage and family therapist, master's level psychologist, clinical psychotherapist or psychologist. Such licensees shall be eligible to take the examination as required by paragraph (3);
(3) has passed an examination approved by the board;
(4) has satisfied the board that the applicant is a person who merits the public trust; and
(5) has paid the application fee established by the board under K.S.A. 65-6618, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-6618, and amendments thereto.
(b) Applications for licensure as a master's addiction counselor shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(1) (A) Has attained 21 years of age;
(B) (i) has completed at least a master's degree from an addiction counseling program that is part of a college or university approved by the board;
(ii) has completed at least a master's degree from a college or university approved by the board. As part of or in addition to the master's degree coursework, such applicant shall also complete a minimum number of semester hours of coursework supporting the diagnosis and treatment of substance use disorders as approved by the board; or
(iii) is currently licensed in Kansas as a licensed master social worker, licensed professional counselor, licensed marriage and family therapist or licensed master's level psychologist;
(C) has passed an examination approved by the board;
(D) has satisfied the board that the applicant is a person who merits the public trust; and
(E) has paid the application fee set under K.S.A. 65-6618, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee as provided by K.S.A. 65-6618, and amendments thereto; or
(2) (A) has met the following requirements on or before July 1, 2016:
(i) Holds an active license by the board as an addiction counselor; and
(ii) has completed at least a master's degree in a related field from a college or university approved by the board; and
(B) has completed six hours of continuing education in the diagnosis and treatment of substance use disorders during the three years immediately preceding the application date.
(c) Applications for licensure as a clinical addiction counselor shall be made to the board on a form and in the manner prescribed by the board. Each applicant shall furnish evidence satisfactory to the board that the applicant:
(1) Has attained 21 years of age;
(2) (A) (i) has completed at least a master's degree from an addiction counseling program that is part of a college or university approved by the board; and
(ii) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience, including at least 1,500 hours of direct client contact conducting substance abuse assessments and treatment with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of substance use disorders with use of the diagnostic and statistical manual of mental disorders of the American psychiatric association, except that the board may waive
1/2 of the hours required by this clause for an individual who has a doctoral degree in addiction counseling or a related field approved by the board and who completes the required
1/2 of the hours in not less than one year of supervised professional experience; or
(B) (i) has completed at least a master's degree from a college or university approved by the board. As part of or in addition to the master's degree coursework, such applicant shall also complete a minimum number of semester hours of coursework supporting the diagnosis and treatment of substance use disorders as approved by the board; and
(ii) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience, including at least 1,500 hours of direct client contact conducting substance abuse assessments and treatment with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of substance use disorders with use of the diagnostic and statistical manual of mental disorders of the American psychiatric association, except that the board may waive
1/2 of the hours required by this clause for an individual who has a doctoral degree in addiction counseling or a related field approved by the board and who completes the required
1/2 of the hours in not less than one year of supervised professional experience; or
(C) (i) has completed a master's degree from a college or university approved by the board and is licensed by the board as a licensed master's addiction counselor; and
(ii) has completed not less than two years of postgraduate supervised professional experience in accordance with a clinical supervision plan approved by the board of not less than 3,000 hours of supervised professional experience, including at least 1,500 hours of direct client contact conducting substance abuse assessments and treatment with individuals, couples, families or groups and not less than 100 hours of face-to-face clinical supervision, as defined by the board in rules and regulations, including not less than 50 hours of individual supervision, except that the board may waive the requirement that such supervision be face-to-face upon a finding of extenuating circumstances, integrating diagnosis and treatment of substance use disorders with use of the diagnostic and statistical manual of mental disorders of the American psychiatric association, except that the board may waive
1/2 of the hours required by this clause for an individual who has a doctoral degree in addiction counseling or a related field approved by the board and who completes the required
1/2 of the hours in not less than one year of supervised professional experience; or
(D) is currently licensed in Kansas as a licensed psychologist, licensed specialist clinical social worker, licensed clinical professional counselor, licensed clinical psychotherapist or licensed clinical marriage and family therapist and provides to the board an attestation from a professional licensed to diagnose and treat mental disorders, or substance use disorders, or both, in independent practice or licensed to practice medicine and surgery stating that the applicant is competent to diagnose and treat substance use disorders;
(3) has passed an examination approved by the board;
(4) has satisfied the board that the applicant is a person who merits the public trust; and
(5) has paid the application fee set under K.S.A. 65-6618, and amendments thereto, and, upon notification from the board that all eligibility requirements have been satisfied, paid the license fee established under K.S.A. 65-6618, and amendments thereto.
History: L. 2010, ch. 45, § 4; L. 2011, ch. 114, § 12; L. 2012, ch. 58, § 2; L. 2014, ch. 115, § 281; L. 2016, ch. 92, § 54; L. 2018, ch. 71, § 39; L. 2021, ch. 88, § 25; L. 2022, ch. 77, § 4; L. 2023, ch. 90, § 22; July 1.
§ 65-6611 Temporary license; student temporary addiction counselor license; application; limitations on practice
(a) A person who is waiting to take the examination for licensure as an addiction counselor may apply to the board for a temporary addiction counselor license to practice as a licensed addiction counselor by:
(1) Paying a fee for a temporary license set under K.S.A. 65-6618, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-6610(a)(1), (a)(2), (a)(4) and (a)(5), and amendments thereto.
(b) A person who is waiting to take the examination for licensure as a master's addiction counselor may apply to the board for a temporary master's addiction counselor license to practice as a licensed master's addiction counselor by:
(1) Paying a fee for a temporary license set under K.S.A. 65-6618, and amendments thereto; and
(2) meeting the application requirements as stated in K.S.A. 65-6610(b)(1)(A), (b)(1)(B), (b)(1)(D) and (b)(1)(E), and amendments thereto.
(c) (1) A temporary addiction counselor license or temporary master's addiction counselor license may be issued by the board after the application has been reviewed and approved by the board and the applicant has paid the appropriate fee.
(2) Absent extenuating circumstances approved by the board, a temporary addiction counselor license or a temporary master's addiction counselor license issued by the board shall expire upon the date the board issues or denies the person a license to practice addiction counseling or 24 months after the date of issuance of the temporary addiction counselor license or temporary master's addiction counselor license.
(3) No temporary addiction counselor license or temporary master's addiction counselor license will be renewed or issued again on any subsequent application for the same license level. The preceding provision in no way limits the number of times an applicant may take the examination.
(d) A person practicing addiction counseling with a temporary addiction counselor license or a temporary master's addiction counselor license may not use the title "licensed addiction counselor" or "licensed master's addiction counselor" or use the initials "LAC" or "LMAC" independently. The word "licensed" may be used only when followed by the words "by temporary license."
(e) No person may practice addiction counseling under a temporary addiction counselor license or a temporary master's addiction counselor license except in a licensed or certified alcohol and other drug abuse program, under the direction of a person licensed by the behavioral sciences regulatory board at the clinical level or a person licensed to practice medicine and surgery.
(f) Nothing in this section shall affect any temporary license to practice issued under this section prior to the effective date of this act and in effect on the effective date of this act. Such temporary license shall be subject to the provisions of this section in effect at the time of its issuance and shall continue to be effective until the date of expiration of the license as provided under this section at the time of issuance of such license.
(g) A person may apply to the board for a student temporary addiction counselor license to practice as a student temporary addiction counselor, on a form and in the manner prescribed by the board, by:
(1) Providing documentation of completing at least 60 credit hours from an institution of higher education with an emphasis in addiction counseling or a related field, as defined by the board in rules and regulations;
(2) providing a signed attestation indicating the applicant's intention to pursue licensure as a licensed addiction counselor with a plan to complete the education requirements toward a licensed addiction counseling license within 48 months;
(3) providing an education plan, signed by an official of the institution of higher education, including steps to obtain coursework necessary to receive an addiction counselor license;
(4) providing a signed attestation from a prospective employer who intends to offer employment when the applicant receives the student temporary addiction counselor license;
(5) submitting a supervision plan signed by a person who is employed by the prospective employer and who would be providing supervision to the applicant under K.S.A. 65-6611(i), and amendments thereto. Such supervision plan shall include not less than four hours of supervision per month and not fewer than two supervision meetings per month. A maximum of two hours per month may be in group supervision;
(6) satisfying the board that the applicant is a person who merits the public trust;
(7) attaining 20 years of age; and
(8) paying a fee for a student temporary addiction counselor license established under K.S.A. 65-6618, and amendments thereto.
(h) A student temporary addiction counselor license issued by the board shall expire upon the date the board issues the person a permanent license to practice addiction counseling or 24 months after the date of issuance of the student temporary addiction counselor license. A student temporary addiction counselor license may be renewed for one additional 24-month period by demonstrating:
(1) Evidence of the person's compliance with the education plan, including completion of coursework and remaining in good standing with the institution of higher education;
(2) changes or updates to the education plan signed by a representative of the institution of higher education;
(3) evidence of supervision logs signed by the supervisor and student for the periods of supervision; and
(4) paying a fee for renewal of a student temporary addiction counselor license established under K.S.A. 65-6618, and amendments thereto.
(i) No person may practice addiction counseling under a student temporary addiction counselor license except in a licensed or certified alcohol and other drug abuse program, a certified community behavioral health clinic or a community mental health center, supervised by a person licensed by the behavioral sciences regulatory board as an addiction counselor, master's addiction counselor or clinical addiction counselor or other individual licensed by the behavioral sciences regulatory board holding a license as a master's social worker, specialist clinical social worker, professional counselor, clinical professional counselor, marriage and family therapist, clinical marriage and family therapist, master's level psychologist, clinical psychotherapist or psychologist.
History: L. 2010, ch. 45, § 5; L. 2016, ch. 92, § 55; L. 2019, ch. 55, § 16; L. 2023, ch. 90, § 23; July 1.
§ 65-6612 Temporary permit to engage in clinical addiction counseling; time limitations; fees, fines, cease and desist orders
(a) Upon written application and board approval, an individual who is licensed to engage in the independent clinical practice of addiction counseling at the clinical level in another jurisdiction, who is in good standing in that other jurisdiction and who has engaged in the clinical practice of addiction counseling in that jurisdiction for at least two years immediately preceding application may engage in the independent practice of clinical addiction counseling as provided by the addiction counselor licensure act in this state for not more than 30 days per year upon receipt of a temporary permit to practice issued by the board. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(b) Any clinical addiction counseling services rendered within any 24-hour period shall count as one entire day of clinical addiction counseling services.
(c) The temporary permit to practice shall be effective on the date of approval by the board and shall expire one year after issuance. Upon written application not later than 30 days before the expiration of a temporary permit and under emergency circumstances, as defined by the board, the board may extend the temporary permit for not more than one additional year. Such extended temporary permit shall authorize the individual to practice in this state for an additional 30 days during the additional year. Such individual engaging in such practice shall provide quarterly reports to the board on a form approved by the board detailing the total days of practice in this state.
(d) The board shall charge a fee for a temporary permit to practice and a fee for an extension of a temporary permit to practice as fixed under K.S.A. 65-6618, and amendments thereto.
(e) A person who holds a temporary permit to practice clinical addiction counseling in this state shall be deemed to have submitted to the jurisdiction of the board and shall be bound by the statutes and regulations that govern the practice of clinical addiction counseling in this state.
(f) In accordance with the Kansas administrative procedure act, the board may issue a cease and desist order or assess a fine of up to $1,000 per day, or both, against a person licensed in another jurisdiction who engages in the independent practice of clinical addiction counseling in this state without complying with the provisions of this section.
History: L. 2010, ch. 45, § 6; L. 2016, ch. 92, § 56; L. 2021, ch. 88, § 26; May 6.
§ 65-6613 Licensure of individual registered, certified or licensed in another jurisdiction
(a) The board may issue a license to an individual who is currently registered, certified or licensed to practice addiction counseling in another jurisdiction if the board determines that:
(1) The standards for registration, certification or licensure to practice addiction counseling in the other jurisdiction are substantially the equivalent of the requirements of the addiction counselor licensure act and rules and regulations of the board; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice as an addiction counselor with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of at least a baccalaureate degree from a college or university approved by the board.
(b) The board may issue a license to an individual who is currently registered, certified or licensed to practice addiction counseling at the master's level in another jurisdiction if the board determines that:
(1) (A) The standards for registration, certification or licensure to practice addiction counseling at the master's level in the other jurisdiction are substantially the equivalent of the requirements of the addiction counselor licensure act and rules and regulations of the board; and
(B) completion of at least a master's degree from a college or university approved by the board; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice addiction counseling at the master's level with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency; and
(C) completion of at least a master's degree from a college or university approved by the board.
(c) The board may issue a license to an individual who is currently registered, certified or licensed to practice addiction counseling at the clinical level in another jurisdiction if the board determines that:
(1) (A) The standards for registration, certification or licensure to practice addiction counseling at the clinical level in the other jurisdiction are substantially the equivalent of the requirements of the addiction counselor licensure act and rules and regulations of the board; and
(B) the applicant demonstrates completion of at least a master's degree from a college or university approved by the board; or
(2) the applicant demonstrates on forms provided by the board compliance with the following standards as adopted by the board:
(A) Registration, certification or licensure to practice addiction counseling at the clinical level with a similar scope of practice for at least 12 months immediately preceding the application;
(B) the absence of disciplinary actions of a serious nature brought by a registration, certification or licensing board or agency;
(C) completion of at least a master's degree from a college or university approved by the board; and
(D) at least two of the following areas acceptable to the board:
(i) Either coursework as established by rules and regulations of the board or passing a national clinical examination approved by the board;
(ii) three years of clinical practice with demonstrated experience supporting diagnosing or treating substance use disorders; or
(iii) attestation from a professional licensed to diagnose and treat mental disorders, or substance use disorders, or both, in independent practice or licensed to practice medicine and surgery, stating that the applicant is competent to diagnose and treat substance use disorders.
(d) An applicant for a license under this section shall pay an application fee established by the board under K.S.A. 65-6618, and amendments thereto, if required by the board. Upon notification from the board that all eligibility requirements have been satisfied, the applicant shall submit the license fee as provided in K.S.A. 65-6618, and amendments thereto.
History: L. 2010, ch. 45, § 7; L. 2011, ch. 114, § 13; L. 2012, ch. 58, § 3; L. 2016, ch. 92, § 57; L. 2019, ch. 55, § 17; L. 2023, ch. 90, § 24; July 1.
§ 65-6614 Licensure; expiration and renewal; continuing education; reinstatement of suspended or revoked license; notice of change of address
(a) An applicant who meets the requirements for licensure pursuant to this act, has paid the license fee provided for by K.S.A. 65-6618, and amendments thereto, and has otherwise complied with the provisions of this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire 24 months from the date of issuance unless revoked prior to that time. A license may be renewed upon application and payment of the fee provided for by K.S.A. 65-6618, and amendments thereto. The application for renewal shall be accompanied by evidence satisfactory to the board that the applicant has completed during the previous 24 months the continuing education required by rules and regulations of the board, including not less than three hours in ethics. Prior to July 1, 2025, as part of such continuing education, the master's addiction counselor applicant and the clinical addiction counselor applicant shall complete not less than six continuing education hours relating to diagnosis and treatment of substance use disorders. On and after July 1, 2025, as part of such continuing education, a master's addiction counselor applicant or clinical addiction counselor applicant shall complete not less than three continuing education hours relating to diagnosis and treatment of substance use disorders.
(c) (1) A licensee who is unable to complete the required continuing education hours for renewal may request additional time to complete any remaining continuing education hours. Such request shall be made to the board not later than 30 calendar days prior to the expiration of the license and shall include:
(A) The licensee's reason for requesting additional time, showing extenuating circumstances for why the hours could not be completed during the license period; and
(B) a plan outlining the manner in which the licensee intends to complete the remaining continuing education hours.
(2) The board may grant a licensee up to three additional months beyond the license expiration date to complete the required continuing education hours.
(3) A licensee who receives additional time to complete continuing education hours under this subsection shall:
(A) Renew the license prior to the license expiration date and report to the board the number of continuing education hours completed on such date;
(B) notify the board upon completing the remaining continuing education hours; and
(C) be subject to an audit by the board of the total number of continuing education hours completed for the applicable license period.
(4) Continuing education hours completed during additional time granted under this subsection shall be credited only toward the requirements for the license period for which additional time is granted.
(5) A licensee shall not be approved for additional time to complete continuing education requirements in consecutive license periods.
(d) A person whose license has been suspended or revoked may make written application to the board requesting reinstatement of the license upon termination of the period of suspension or revocation in a manner prescribed by the board, which application shall be accompanied by the fee provided for by K.S.A. 65-6618, and amendments thereto.
(e) (1) A person whose license has expired may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, and such application shall be accompanied by:
(A) The renewal fee established under K.S.A. 65-6618, and amendments thereto, and, for any person whose license has been expired for one year or less, an additional fee equal to the renewal fee; and
(B) evidence satisfactory to the board that the person has completed during the previous 24 months the continuing education requirements for one license period.
(2) A person requesting to reinstate a license that has been expired for longer than one year who has not completed the necessary continuing education hours for reinstatement may submit an application for a six-month reinstatement temporary license in a manner prescribed by the board, and such application shall be accompanied by the fee established under K.S.A. 65-6618, and amendments thereto. A licensee practicing under a six-month reinstatement temporary license shall complete the continuing education requirements required for a permanent license prior to the expiration of the temporary license and notify the board upon such completion. A six-month reinstatement temporary license shall not be extended or renewed.
(f) Within 30 days after any change of permanent address, a licensee shall notify the board of such change.
History: L. 2010, ch. 45, § 8; L. 2011, ch. 114, § 14; L. 2016, ch. 92, § 58; L. 2023, ch. 90, § 25; July 1.
§ 65-6615 Refusal to grant licensure; other licensure actions; grounds; procedure; licensure of applicant with felony conviction, requirements
(a) The board may refuse to issue, renew or reinstate a license, may condition, limit, revoke or suspend a license, may publicly or privately censure a licensee or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for license:
(1) Is incompetent to practice addiction counseling. "Incompetent to practice addiction counseling" means:
(A) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;
(B) repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; or
(C) a pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to practice addiction counseling;
(2) has been convicted of a felony offense and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(3) has been convicted of a misdemeanor against persons and has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(4) is currently listed on a child abuse registry or an adult protective services registry as the result of a substantiated finding of abuse or neglect by any state agency, agency of another state, the District of Columbia or the United States, territory of the United States or another country and the applicant or licensee has not demonstrated to the board's satisfaction that such person has been sufficiently rehabilitated to merit the public trust;
(5) has violated a provision of the addiction counselor licensure act or one or more of the rules and regulations of the board;
(6) has obtained or attempted to obtain a license or license renewal by bribery or fraudulent representation;
(7) has knowingly made a false statement on a form required by the board for license or license renewal;
(8) has failed to obtain continuing education credits required by rules and regulations of the board;
(9) has been found to have engaged in unprofessional conduct as defined by applicable rules and regulations adopted by the board;
(10) has had a professional registration, license or certificate revoked, suspended or limited, or has had other disciplinary action taken, or an application for registration, license or certificate denied, by the proper regulatory authority of another state, territory, District of Columbia or another country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof; or
(11) has violated any lawful order or directive of the board previously entered by the board.
(b) For issuance of a new license or reinstatement of a revoked or suspended license for a licensee or applicant for licensure with a felony conviction, the board may only issue or reinstate such license by a 2/3 majority vote.
(c) Administrative proceedings and disciplinary actions regarding licensure under the addiction counselor licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the addiction counselor licensure act shall be in accordance with the Kansas judicial review act.
History: L. 2010, ch. 45, § 4; L. 2011, ch. 114, § 12; L. 2012, ch. 58, § 2; L. 2014, ch. 115, § 281; L. 2016, ch. 92, § 54; L. 2018, ch. 71, § 39; L. 2021, ch. 88, § 25; May 6.
§ 65-6616 Construction of act
Nothing in the addiction counselor licensure act shall be construed:
(a) To prevent addiction counseling practice by students or interns or individuals preparing for the practice of addiction counseling to practice under qualified supervision of a professional, recognized and approved by the board, in an educational institution or agency so long as they are designated by titles such as "student," "trainee," "intern" or other titles clearly indicating training status;
(b) to authorize the practice of psychology, medicine and surgery, professional counseling, marriage and family therapy, master's level psychology or social work or other professions licensed by the behavioral sciences regulatory board;
(c) to apply to the activities and services of a rabbi, priest, minister, clergy person or organized ministry of any religious denomination or sect, including a Christian-Science practitioner, unless such person or individual who is a part of the organized ministry is a licensed addiction counselor;
(d) to apply to the activities and services of qualified members of other professional groups including, but not limited to, attorneys, physicians, psychologists, master's level psychologists, marriage and family therapists, professional counselors, or other professions licensed by the behavioral sciences regulatory board, registered nurses or social workers performing services consistent with the laws of this state, their training and the code of ethics of their profession, so long as they do not represent themselves as being an addiction counselor; or
(e) to prevent qualified persons from doing work within the standards and ethics of their respective professions and callings provided they do not hold themselves out to the public by any title or description of services as being an addiction counselor.
History: L. 2010, ch. 45; § 10; L. 2011, ch. 114, § 16; L. 2016, ch. 92, § 60; July 1.
§ 65-6617 Confidential information and communications; exceptions
(a) A person licensed under the addiction counselor licensure act and employees and professional associates of the person shall not be required to disclose any information that the person, employee or associate may have acquired in rendering addiction counseling services, unless:
(1) Disclosure is required by other state laws;
(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;
(3) the person, employee or associate is a party defendant to a civil, criminal or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;
(4) the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; or
(5) a client agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, an addiction counselor shall not disclose information received from a family member.
(b) Nothing in this section or in this act shall be construed to prohibit any person licensed under the addiction counselor licensure act from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of a client. There is no privilege under this section for information which is required to be reported to a public official.
History: L. 2010, ch. 45, § 11; L. 2016, ch. 92, § 61; July 1.
§ 65-6618 Fees
(a) The board may collect the following fees, and any such fees shall be established by rules and regulations adopted by the board:
(1) For application for licensure as an addiction counselor, not to exceed $150;
(2) for original licensure as an addiction counselor, not to exceed $150;
(3) for renewal for licensure as an addiction counselor, not to exceed $150;
(4) for a temporary license as an addiction counselor, not to exceed $100;
(5) for a six-month reinstatement temporary license as an addiction counselor, not to exceed $50;
(6) for a student temporary addiction counselor license, not to exceed $100;
(7) for renewal for a student temporary addiction counselor license, not to exceed $100;
(8) for application for licensure as a master's addiction counselor, not to exceed $150;
(9) for original licensure as a master's addiction counselor, not to exceed $150;
(10) for renewal for licensure as a master's addiction counselor, not to exceed $150;
(11) for a temporary license as a master's addiction counselor, not to exceed $100;
(12) for a six-month reinstatement temporary license as a master's addiction counselor, not to exceed $50;
(13) for application for licensure as a clinical addiction counselor, not to exceed $150;
(14) for original licensure as a clinical addiction counselor, not to exceed $150;
(15) for renewal for licensure as a clinical addiction counselor, not to exceed $150;
(16) for a six-month reinstatement temporary license as a clinical addiction counselor, not to exceed $50;
(17) for a temporary permit to practice clinical addiction counseling, not to exceed $200;
(18) for extension of a temporary permit to practice clinical addiction counseling, not to exceed $200;
(19) for reinstatement of a license, not to exceed $150;
(20) for replacement of a license, not to exceed $20;
(21) for late renewal penalty, an amount equal to the fee for renewal; and
(22) for a wallet license, not more than $5.
(b) The board shall require that fees paid for any examination under the addiction counselor licensure act be paid directly to the examination services by the person taking the examination.
(c) Fees paid to the board are not refundable.
History: L. 2010, ch. 45, § 12; L. 2016, ch. 92, § 62; L. 2023, ch. 90, § 26; July 1.
§ 65-6619 Repealed
History: L. 2010, ch. 45, § 13; Repealed, L. 2016, ch. 92, § 101; July 1.
§ 65-6620 Disclosure to client at beginning of client-therapist relationship; documentation
A licensee under the addiction counselor licensure act, at the beginning of a client-therapist relationship, shall inform the client of the level of such licensee's training and the title or titles and license or licenses of such licensee. As a part of such obligation, such licensee shall disclose whether such licensee has a baccalaureate, master's degree or a doctoral degree. If such licensee has a doctoral degree, such licensee shall disclose whether or not such doctoral degree is a doctor of medicine degree or some other doctoral degree. If such licensee does not have a medical doctor's degree, such licensee shall disclose that the licensee is not authorized to practice medicine and surgery and is not authorized to prescribe drugs. As a part of such disclosure, such licensee shall advise the client that certain mental disorders can have medical or biological origins, and that the client should consult with a physician. Documentation of such disclosures to a client shall be made in the client's record.
History: L. 2010, ch. 45, § 14; L. 2016, ch. 92, § 63; July 1.
§ 65-6621 Provisional licensure as addiction counselor; remedial requirements prescribed by board; professional title
(a) If, in evaluating any applicant for licensure as an addiction counselor, the board finds that the applicant is deficient in the qualifications or in the quality of the applicant's educational experience required by K.S.A. 65-6610 or 65-6613, and amendments thereto, as applicable, or by rules and regulations adopted by the board, the board may require the applicant to fulfill remedial or other requirements, as the board may prescribe.
(b) A person who is completing requirements prescribed by the board under subsection (a) may apply to the board for provisional licensure as an addiction counselor on a form and in a manner prescribed by the board. The board may issue a provisional license to practice addiction counseling. A provisional license shall expire upon the earlier of the date that the board issues or denies a license to practice addiction counseling or 12 months after the date of issuance of the provisional license. No provisional license shall be renewed, and no provisional license shall be issued again, upon any subsequent application for the same license level.
(c) A person practicing addiction counseling with a provisional license may not use the title "licensed addiction counselor," "licensed master's addiction counselor" or "licensed clinical addiction counselor" or the initials "LAC," "LMAC" or "LCAC," independently. The word "licensed" may be used by such person only when preceded by the word "provisional."
(d) This section shall be a part of and supplemental to the addiction counselor licensure act.
History: L. 2019, ch. 55, § 6; May 9.
Article 67 Abortion
§ 65-6701 Definitions
As used in K.S.A. 65-6701 through 65-6721, and amendments thereto:
(a) (1) "Abortion" means the use or prescription of any instrument, medicine, drug or any other means to terminate the pregnancy of a woman knowing that such termination will, with reasonable likelihood, result in the death of the unborn child.
(2) Such use or prescription is not an "abortion" if done with the intent to:
(A) Preserve the life or health of the unborn child;
(B) increase the probability of a live birth;
(C) remove a dead unborn child who died as the result of natural causes in utero, accidental trauma or a criminal assault on the pregnant woman or the unborn child; or
(D) remove an ectopic pregnancy.
(3) "Abortion" does not include the prescription, dispensing, administration, sale or use of any method of contraception.
(b) "Bodily function" means physical functions only. The term "bodily function" does not include mental or emotional functions.
(c) "Counselor" means a person who is: (1) Licensed to practice medicine and surgery; (2) licensed to practice professional or practical nursing; (3) the following persons licensed to practice behavioral sciences: Licensed psychologists, licensed master's level psychologists, licensed clinical psychotherapists, licensed social workers, licensed specialist clinical social workers, licensed marriage and family therapists, licensed clinical marriage and family therapists, licensed professional counselors, licensed clinical professional counselors; (4) a licensed physician assistant; or (5) a currently ordained member of the clergy or religious authority of any religious denomination or society. Counselor does not include the physician who performs or induces the abortion or a physician or other person who assists in performing or inducing the abortion.
(d) "Department" means the department of health and environment.
(e) "Fertilization" means the fusion of a human spermatozoon with a human ovum.
(f) "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.
(g) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of such woman's pregnancy to avert the death of the woman or for which a delay necessary to comply with the applicable statutory requirements will create serious risk of substantial and irreversible physical impairment of a major bodily function. No condition shall be deemed a medical emergency if based on a claim or diagnosis that such woman will engage in conduct that would result in such woman's death or in substantial and irreversible physical impairment of a major bodily function.
(h) "Minor" means a person less than 18 years of age.
(i) "Physician" means a person licensed to practice medicine and surgery in this state.
(j) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the mother's body.
(k) "Qualified person" means an agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, licensed marriage and family therapist, licensed master's level psychologist, licensed clinical psychotherapist, registered nurse or physician.
(l) "Unemancipated minor" means any minor who has never been: (1) Married; or (2) freed, by court order or otherwise, from the care, custody and control of the minor's parents.
(m) "Viable" means that stage of fetal development when it is the physician's judgment according to accepted obstetrical or neonatal standards of care and practice applied by physicians in the same or similar circumstances that there is a reasonable probability that the life of the child can be continued indefinitely outside the mother's womb with natural or artificial life-supportive measures.
History: L. 1992, ch. 183, § 1; L. 1997, ch. 190, § 26; L. 2000, ch. 162, § 25; L. 2011, ch. 44, § 3; L. 2013, ch. 119, § 12; L. 2014, ch. 87, § 3; L. 2023, ch. 88, § 4; July 1.
§ 65-6702 Drugs or devices for birth control or fertilization lawful; political subdivisions prohibited from limiting abortion
(a) The use of any drug or device that inhibits or prevents ovulation, fertilization or implantation of an embryo and disposition of the product of in vitro fertilization prior to implantation are lawful in this state and neither the state nor any political subdivision of the state shall prohibit the use of any such drug or device or the disposition of such product.
(b) No political subdivision of the state shall regulate or restrict abortion.
History: L. 1992, ch. 183, § 2; July 1.
§ 65-6703 Abortion when unborn child viable; restrictions and prohibitions; civil damages and criminal penalties for violations
(a) No person shall perform or induce, or attempt to perform or induce an abortion when the unborn child is viable unless such person is a physician and has a documented referral from another physician not legally or financially affiliated with the physician performing or inducing, or attempting to perform or induce the abortion and both physicians provide a written determination, based upon a medical judgment arrived at using and exercising that degree of care, skill and proficiency commonly exercised by the ordinary skillful, careful and prudent physician in the same or similar circumstances and that would be made by a reasonably prudent physician, knowledgeable in the field, and knowledgeable about the case and the treatment possibilities with respect to the conditions involved, that: (1) The abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that would result in her death or in substantial and irreversible physical impairment of a major bodily function.
(b) Except in the case of a medical emergency, a copy of the written documented referral and of the abortion-performing physician's written determination shall be provided to the pregnant woman no less than 30 minutes prior to the initiation of the abortion. The written determination shall be time-stamped at the time it is delivered to the pregnant woman. The medical basis for the determination shall also be reported by the physician as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto. Such determination shall specify:
(1) If the unborn child was determined to be nonviable and the medical basis of such determination;
(2) if the abortion is necessary to preserve the life of the pregnant woman and the medical basis of such determination, including the specific medical condition the physician believes would cause the death of the pregnant woman; or
(3) if a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman and the medical basis of such determination, including the specific medical condition the physician believes would constitute a substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
(c) (1) Except in the case of a medical emergency, prior to performing or inducing, or attempting to perform or induce an abortion upon a woman, the physician shall determine the gestational age of the unborn child according to accepted obstetrical and neonatal practice and standards applied by physicians in the same or similar circumstances. If the physician determines the gestational age is less than 22 weeks, the physician shall document as part of the medical records of the woman the basis for the determination. The medical basis for the determination of the gestational age of the unborn child shall also be reported by the physician as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto.
(2) If the physician determines the gestational age of the unborn child is 22 or more weeks, prior to performing or inducing, or attempting to perform or induce an abortion upon the woman the physician shall determine if the unborn child is viable by using and exercising that degree of care, skill and proficiency commonly exercised by the ordinary skillful, careful and prudent physician in the same or similar circumstances. In making this determination of viability, the physician shall perform or cause to be performed such medical examinations and tests as are necessary to make a finding of the gestational age of the unborn child and shall enter such findings and determinations of viability in the medical record of the woman.
(3) If the physician determines the gestational age of an unborn child is 22 or more weeks, and determines that the unborn child is not viable and performs an abortion on the woman, the physician shall report such determinations, the medical basis and the reasons for such determinations in writing to the medical care facility in which the abortion is performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445, and amendments thereto, or if the abortion is not performed in a medical care facility, the physician shall report such determinations, the medical basis and the reasons for such determinations in writing to the secretary of health and environment as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto.
(4) If the physician who is to perform the abortion determines the gestational age of an unborn child is 22 or more weeks, and determines that the unborn child is viable, both physicians under subsection (a) determine in accordance with the provisions of subsection (a) that an abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman and the physician performs an abortion on the woman, the physician who performs the abortion shall report such determinations, the medical basis and the reasons for such determinations, including the specific medical diagnosis for the determination that an abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman and the name of the referring physician required by subsection (a) in writing to the medical care facility in which the abortion is performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445, and amendments thereto, or if the abortion is not performed in a medical care facility, the physician who performs the abortion shall report such determinations, the medical basis and the reasons for such determinations, including the specific medical diagnosis for the determination that an abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman and the name of the referring physician required by subsection (a) in writing to the secretary of health and environment as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto.
(5) The physician shall retain the medical records required to be kept under paragraphs (1) and (2) of this subsection (c) for not less than 10 years and shall retain a copy of the written reports required under paragraphs (3) and (4) of this subsection (c) for not less than 10 years.
(d) The secretary of health and environment shall adopt rules and regulations to administer this section. Such rules and regulations shall include:
(1) A detailed list of the information that must be kept by a physician under paragraphs (1) and (2) of subsection (c);
(2) the contents of the written reports required under paragraphs (3) and (4) of subsection (c); and
(3) detailed specifications regarding information that must be provided by a physician in order to comply with the obligation to disclose the medical basis and specific medical diagnosis relied upon in determining that an abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
(e) A woman upon whom an abortion is performed shall not be prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-5302, and amendments thereto.
(f) Nothing in this section shall be construed to create a right to an abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law.
(g) (1) A woman upon whom an abortion is performed in violation of this section, the father, if married to the woman at the time of the abortion, and the parents or custodial guardian of the woman, if the woman has not attained the age of 18 years at the time of the abortion, may in a civil action obtain appropriate relief, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct.
(2) Such relief shall include:
(A) Money damages for all injuries, psychological and physical, occasioned by the violation of this section;
(B) statutory damages equal to three times the cost of the abortion; and
(C) reasonable attorney fees.
(h) The prosecution of violations of this section may be brought by the attorney general or by the district attorney or county attorney for the county where any violation of this section is alleged to have occurred.
(i) Nothing in this section shall be construed to restrict the authority of the board of healing arts to engage in a disciplinary action.
(j) If any provision of this section is held to be invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this section without such invalid or unconstitutional provision.
(k) Upon a first conviction of a violation of this section, a person shall be guilty of a class A nonperson misdemeanor. Upon a second or subsequent conviction of a violation of this section, a person shall be guilty of a severity level 10, nonperson felony.
History: L. 1992, ch. 183, § 3; L. 1993, ch. 291, § 240; L. 1998, ch. 142, § 15; L. 2011, ch. 91, § 29; L. 2013, ch. 119, § 13; July 1.
§ 65-6704 Abortion upon minor; required information and counseling
(a) Before the performance of an abortion upon a minor, a counselor shall provide pregnancy information and counseling in a manner that can be understood by the minor and allows opportunity for the minor's questions to be addressed. A parent or guardian, or a person 21 or more years of age who is not associated with the abortion provider and who has a personal interest in the minor's well-being, shall accompany the minor and be involved in the minor's decision-making process regarding whether to have an abortion. Such information and counseling shall include:
(1) The alternatives available to the minor, including abortion, adoption and other alternatives to abortion;
(2) an explanation that the minor may change a decision to have an abortion at any time before the abortion is performed or may decide to have an abortion at any time while an abortion may be legally performed;
(3) make available to the minor information on agencies available to assist the minor and agencies from which birth control information is available;
(4) discussion of the possibility of involving the minor's parent or parents, other adult family members or guardian in the minor's decision-making; and
(5) information regarding the provisions of K.S.A. 65-6705, and amendments thereto, and the minor's rights under such provisions.
(b) After the performance of an abortion on a minor, a counselor shall provide counseling to assist the minor in adjusting to any post-abortion problems that the minor may have.
(c) After the counselor provides information and counseling to a minor as required by this section, the counselor shall have the minor sign and date a statement setting forth the requirements of subsections (a) and (b) and declaring that the minor has received information and counseling in accordance with those requirements.
(d) The counselor shall also sign and date the statement and shall include the counselor's business address and business telephone number. The counselor shall keep a copy for the minor's medical record and shall give the form to the minor or, if the minor requests and if the counselor is not the attending physician, transmit the statement to the minor's attending physician. Such medical record shall be maintained as otherwise provided by law.
(e) The provision by a counselor of written materials which contain information and counseling meeting the requirements of subsections (a) and (b) and which is signed by the minor shall be presumed to be evidence of compliance with the requirements of this section.
(f) The requirements of subsection (a) shall not apply when a medical emergency exists. A physician who does not comply with the requirements of this section by reason of this exception shall state in the medical record of the abortion the medical indications on which the physician's judgment was based.
History: L. 1992, ch. 183, § 4; L. 2014, ch. 87, § 4; April 24.
§ 65-6705 Same; written consent of certain persons required before performance of abortion; waiver of requirement; court proceedings; penalties; judicial record and report; civil action
(a) Except in the case of a medical emergency, no person shall perform an abortion upon an unemanicipated minor, unless the person first obtains the notarized written consent of the minor and both parents or the legal guardian of the minor.
(1) If the minor's parents are divorced or otherwise unmarried and living separate and apart, then the written consent of the parent with primary custody, care and control of such minor shall be sufficient.
(2) If the minor's parents are married and one parent is not available to the person performing the abortion in a reasonable time and manner, then the written consent of the parent who is available shall be sufficient.
(3) If the minor's pregnancy was caused by sexual intercourse with the minor's natural father, adoptive father, stepfather or legal guardian, then the written consent of the minor's mother shall be sufficient. Notice of such circumstances shall be reported to the proper authorities as provided in K.S.A. 38-2223, and amendments thereto.
(b) After receiving counseling as provided by subsection (a) of K.S.A. 65-6704, and amendments thereto, the minor may object to the written consent requirement set forth in subsection (a). If the minor so objects, the minor may petition, on her own behalf or by an adult of her choice, the district court of any county of this state for a waiver of the written consent requirement. If the minor so desires, the counselor who counseled the minor as required by K.S.A. 65-6704, and amendments thereto, shall notify the court and the court shall ensure that the minor or the adult petitioning on the minor's behalf is given assistance in preparing and filing the petition. The minor may participate in proceedings in the court on the minor's own behalf or through the adult petitioning on the minor's behalf. The court shall provide a court-appointed counsel to represent the minor at no cost to the minor.
(c) Court proceedings under this section shall be anonymous and the court shall ensure that the minor's identity is kept confidential. The court shall order that a confidential record of the evidence in the proceeding be maintained. All persons shall be excluded from hearings under this section except the minor, her attorney and such other persons whose presence is specifically requested by the applicant or her attorney.
(d) Consent shall be waived if the court finds by clear and convincing evidence that either: (1) The minor is mature and well-informed enough to make the abortion decision on her own; or (2) the consent of the individuals specified in subsection (a) would not be in the best interest of the minor.
(e) A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision as follows:
(1) Granting the minor's application for waiver of consent pursuant to this section, if the court finds that the minor is mature and well-enough informed to make the abortion decision without the consent of the individuals specified in subsection (a);
(2) granting the minor's application for waiver of consent if the court finds that the minor is immature but that consent of the individuals specified in subsection (a) would not be in the minor's best interest; or
(3) denying the application if the court finds that the minor is immature and that waiver of the consent of the individuals specified in subsection (a) would not be in the minor's best interest.
(f) The court shall give proceedings under this section such precedence over other pending matters as necessary to ensure that the court may reach a decision promptly. The court shall issue a written order which shall be issued immediately to the minor, or her attorney or other individual designated by the minor to receive the order. If the court fails to rule within 48 hours, excluding Saturdays and Sundays, of the time of the filing of the minor's application, the application shall be deemed granted.
(g) An expedited anonymous appeal shall be available to any minor. The record on appeal shall be completed and the appeal shall be perfected within five days from the filing of the notice to appeal.
(h) The supreme court shall promulgate any rules it finds are necessary to ensure that proceedings under this act are handled in an expeditious and anonymous manner.
(i) No fees shall be required of any minor who avails herself of the procedures provided by this section.
(j) (1) No consent shall be required under this section when a medical emergency exists.
(2) A physician acting pursuant to this subsection shall state in the medical record of the abortion the medical indications on which the physician's judgment was based. The medical basis for the determination shall also be reported by the physician as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto.
(k) Any person who intentionally performs an abortion with knowledge that, or with reckless disregard as to whether, the person upon whom the abortion is to be performed is an unemancipated minor, and who intentionally and knowingly fails to conform to any requirement of this section, is guilty of a class A person misdemeanor.
(l) Except as necessary for the conduct of a proceeding pursuant to this section, it is a class B person misdemeanor for any individual or entity to willfully or knowingly: (1) Disclose the identity of a minor petitioning the court pursuant to this section or to disclose any court record relating to such proceeding; or (2) permit or encourage disclosure of such minor's identity or such record.
(m) Prior to conducting proceedings under this section, the court may require the minor to participate in an evaluation session with a psychiatrist, licensed psychologist or licensed clinical social worker. Such evaluation session shall be for the purpose of developing trustworthy and reliable expert opinion concerning the minor's sufficiency of knowledge, insight, judgment and maturity with regard to her abortion decision in order to aid the court in its decision and to make the state's resources available to the court for this purpose. Persons conducting such sessions may employ the information and materials referred to in K.S.A. 65-6708 et seq., and amendments thereto, in examining how well the minor is informed about pregnancy, fetal development, abortion risks and consequences and abortion alternatives, and should also endeavor to verify that the minor is seeking an abortion of her own free will and is not acting under intimidation, threats, abuse, undue pressure or extortion by any other persons. The results of such evaluation shall be reported to the court by the most expeditious means, commensurate with security and confidentiality, to assure receipt by the court prior to or at the proceedings initiated pursuant to this section.
(n) In determining if a minor is mature and well-enough informed to make the abortion decision without parental consent, the court shall take into account the minor's experience level, perspective and judgment. In assessing the minor's experience level, the court shall consider, along with any other relevant factors, the minor's age, experience working outside the home, living away from home, traveling on her own, handling personal finances and making other significant decisions. In assessing the minor's perspective, the court shall consider, along with any other relevant factors, what steps the minor has taken to explore her options and the extent to which she considered and weighed the potential consequences of each option. In assessing the minor's judgment, the court shall consider, along with any other relevant factors, her conduct since learning of her pregnancy and her intellectual ability to understand her options and to make informed decisions.
(o) The judicial record of any court proceedings initiated pursuant to this section shall upon final determination by the court be compiled by the court. One copy of the judicial record shall be given to the minor or an adult chosen by the minor to bring the initial petition under this section. A second copy of the judicial record shall be sent by the court to the abortion provider who performed or will perform the abortion for inclusion in the minor's medical records and shall be maintained by the abortion provider for at least 10 years.
(p) The chief judge of each judicial district shall send annual reports to the department of health and environment disclosing in a nonidentifying manner:
(1) The number of minors seeking a bypass of the parental consent requirements through court proceedings under this section;
(2) the number of petitions granted;
(3) the reasons for granting such petitions;
(4) any subsequent actions taken to protect the minor from domestic or predator abuse;
(5) each minor's state of residence, age and disability status; and
(6) the gestational age of the unborn child if the petition is granted.
(q) (1) A custodial parent or legal guardian of the minor may pursue civil remedies against individuals, including the physician and abortion clinic staff, who violate the rights of parents, legal guardian or the minor as set forth in this section.
(2) Such relief shall include:
(A) Money damages for all injuries, psychological and physical, occasioned by the violation of this section;
(B) the cost of any subsequent medical treatment such minor might require because of the abortion performed without parental consent or knowledge, or without a court order, in violation of this section;
(C) statutory damages equal to three times the cost of the abortion; and
(D) reasonable attorney fees.
(r) In the course of a judicial hearing to waive parental consent, if the court has reason to suspect that a minor has been injured as a result of physical, mental or emotional abuse or neglect or sexual abuse, the court shall report the matter promptly as provided in subsection (c) of K.S.A. 38-2223, and amendments thereto. In the course of reporting suspected child abuse or neglect to the appropriate state authorities, nothing in this section shall abridge or otherwise modify the anonymity or confidentiality provisions of the judicial waiver proceeding as specified in this section.
(s) Nothing in this section shall be construed to create a right to an abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law.
History: L. 1992, ch. 183, § 5; L. 1993, ch. 291, § 241; L. 2011, ch. 44, § 5; L. 2014, ch. 87, § 5; April 24.
§ 65-6706 Repealed
History: L. 1992, ch. 183, § 7; Repealed, L. 1997, ch. 190, § 34; July 1.
§ 65-6707 Same; severability clause
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
History: L. 1992, ch. 183, § 8; July 1.
§ 65-6708 Citation of act
K.S.A. 65-6701 and K.S.A. 65-6708 through 65-6715, and amendments thereto, and K.S.A. 2025 Supp. 65-6716, and amendments thereto, shall be known and may be cited as the woman's-right-to-know act.
History: L. 1997, ch. 190, § 25; L. 2023, ch. 88, § 5; July 1.
§ 65-6709 Same; abortion, informed consent required; information required to be given to women, certification of receipt; offer to view ultrasound image and hear heartbeat, certification of offer; required signage
No abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed only if:
(a) At least 24 hours before the abortion the physician who is to perform the abortion or the referring physician has informed the woman in writing, which shall be provided on white paper in a printed format in black ink with 12-point times new roman font, of:
(1) The following information concerning the physician who will perform the abortion;
(A) The name of such physician;
(B) the year in which such physician received a medical doctor's degree;
(C) the date on which such physician's employment commenced at the facility where the abortion is to be performed;
(D) whether any disciplinary action has been taken against such physician by the state board of healing arts by marking either a box indicating "yes" or a box indicating "no" and if the box indicating "yes" is marked, then provide the website addresses to the board documentation for each disciplinary action;
(E) whether such physician has malpractice insurance by marking either a box indicating "yes" or a box indicating "no";
(F) whether such physician has clinical privileges at any hospital located within 30 miles of the facility where the abortion is to be performed by marking either a box indicating "yes" or a box indicating "no" and if the box indicating "yes" is marked, then provide the name of each such hospital and the date such privileges were issued;
(G) the name of any hospital where such physician has lost clinical privileges; and
(H) whether such physician is a resident of this state by marking either a box indicating "yes" or a box indicating "no";
(2) a description of the proposed abortion method;
(3) a description of risks related to the proposed abortion method, including risk of premature birth in future pregnancies, risk of breast cancer and risks to the woman's reproductive health and alternatives to the abortion that a reasonable patient would consider material to the decision of whether or not to undergo the abortion;
(4) the probable gestational age of the unborn child at the time the abortion is to be performed and that Kansas law requires the following: "No person shall perform or induce an abortion when the unborn child is viable unless such person is a physician and has a documented referral from another physician not financially associated with the physician performing or inducing the abortion and both physicians determine that: (1) The abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman." If the child is born alive, the attending physician has the legal obligation to take all reasonable steps necessary to maintain the life and health of the child;
(5) the probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed;
(6) the contact information for counseling assistance for medically challenging pregnancies, the contact information for perinatal hospice services and a listing of websites for national perinatal assistance, including information regarding which entities provide such services free of charge;
(7) the medical risks associated with carrying an unborn child to term; and
(8) any need for anti-Rh immune globulin therapy, if she is Rh negative, the likely consequences of refusing such therapy and the cost of the therapy.
(b) At least 24 hours before the abortion, the physician who is to perform the abortion, the referring physician or a qualified person has informed the woman in writing that:
(1) Medical assistance benefits may be available for prenatal care, childbirth and neonatal care, and that more detailed information on the availability of such assistance is contained in the printed materials given to her and described in K.S.A. 65-6710, and amendments thereto;
(2) the informational materials in K.S.A. 65-6710, and amendments thereto, are available in printed form and online, and describe the unborn child, list agencies which offer alternatives to abortion with a special section listing adoption services and list providers of free ultrasound services;
(3) the father of the unborn child is liable to assist in the support of her child, even in instances where he has offered to pay for the abortion except that in the case of rape this information may be omitted;
(4) the woman is free to withhold or withdraw her consent to the abortion at any time prior to invasion of the uterus without affecting her right to future care or treatment and without the loss of any state or federally-funded benefits to which she might otherwise be entitled;
(5) the abortion will terminate the life of a whole, separate, unique, living human being; and
(6) by no later than 20 weeks from fertilization, the unborn child has the physical structures necessary to experience pain. There is evidence that by 20 weeks from fertilization unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain. Anesthesia is routinely administered to unborn children who are 20 weeks from fertilization or older who undergo prenatal surgery.
(c) At least 30 minutes prior to the abortion procedure, prior to physical preparation for the abortion and prior to the administration of medication for the abortion, the woman shall meet privately with the physician who is to perform the abortion and such person's staff to ensure that she has an adequate opportunity to ask questions of and obtain information from the physician concerning the abortion.
(d) At least 24 hours before the abortion, the woman is given a copy of the informational materials described in K.S.A. 65-6710, and amendments thereto. If the woman asks questions concerning any of the information or materials, answers shall be provided to her in her own language.
(e) The woman certifies in writing on a form provided by the department, prior to the abortion, that the information required to be provided under subsections (a), (b) and (d) has been provided and that she has met with the physician who is to perform the abortion on an individual basis as provided under subsection (c). All physicians who perform abortions shall report the total number of certifications received monthly to the department. The total number of certifications shall be reported by the physician as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto. The department shall make the number of certifications received available on an annual basis.
(f) Prior to the performance of the abortion, the physician who is to perform the abortion or the physician's agent receives a copy of the written certification prescribed by subsection (e) of this section.
(g) The woman is not required to pay any amount for the abortion procedure until the 24-hour waiting period has expired.
(h) A physician who will use ultrasound equipment preparatory to or in the performance of the abortion, at least 30 minutes prior to the performance of the abortion:
(1) Informs the woman that she has the right to view the ultrasound image of her unborn child, at no additional expense to her;
(2) informs the woman that she has the right to receive a physical picture of the ultrasound image, at no additional expense to her;
(3) offers the woman the opportunity to view the ultrasound image and receive a physical picture of the ultrasound image;
(4) certifies in writing that the woman was offered the opportunity to view the ultrasound image and receive a physical picture of the ultrasound image at least 30 minutes prior to the performance of the abortion; and
(5) obtains the woman's signed acceptance or rejection of the opportunity to view the ultrasound image and receive a physical picture of the ultrasound image.
If the woman accepts the offer and requests to view the ultrasound image, receive a physical picture of the ultrasound image or both, her request shall be granted by the physician at no additional expense to the woman. The physician's certification shall be time-stamped at the time the opportunity to view the ultrasound image and receive a physical picture of the ultrasound image was offered.
(i) A physician who will use heart monitor equipment preparatory to or in the performance of the abortion, at least 30 minutes prior to the performance of the abortion:
(1) Informs the woman that she has the right to listen to the heartbeat of her unborn child, at no additional expense to her;
(2) offers the woman the opportunity to listen to the heartbeat of her unborn child;
(3) certifies in writing that the woman was offered the opportunity to listen to the heartbeat of her unborn child at least 30 minutes prior to the performance of the abortion; and
(4) obtains the woman's signed acceptance or rejection of the opportunity to listen to the heartbeat of her unborn child.
If the woman accepts the offer and requests to listen to the heartbeat of her unborn child, her request shall be granted by the physician at no additional expense to the woman. The physician's certification shall be time-stamped at the time the opportunity to listen to the heartbeat of her unborn child was offered.
(j) The physician's certification required by subsections (h) and (i) together with the pregnant woman's signed acceptance or rejection of such offer shall be placed in the woman's medical file in the physician's office and kept for 10 years. However, in the case of a minor, the physician shall keep a copy of the certification and the signed acceptance or rejection in the minor's medical file for five years past the minor's majority, but in no event less than 10 years.
(k) Any private office, freestanding surgical outpatient clinic or other facility or clinic in which abortions are performed shall conspicuously post a sign in a location so as to be clearly visible to patients. The sign required pursuant to this subsection shall be printed with lettering that is legible and shall be at least three quarters of an inch boldfaced type. The sign shall include the address for the pregnancy resources website published and maintained by the department of health and environment, and the following text:
Notice: It is against the law for anyone, regardless of their relationship to you, to force you to have an abortion. By law, we cannot perform an abortion on you unless we have your freely given and voluntary consent. It is against the law to perform an abortion on you against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence. You have the right to change your mind at any time prior to the actual abortion and request that the abortion procedure cease. It is unlawful for anyone to make you have an abortion against your will, even if you are a minor. The father of your child must provide support for the child, even if he has offered to pay for an abortion. If you decide not to have an abortion, you may qualify for financial help for pregnancy, childbirth and newborn care. If you qualify, medicaid will pay or help pay the cost of doctor, clinic, hospital and other related medical expenses, including childbirth delivery services and care for your newborn baby. Many agencies are willing to provide assistance so that you may carry your child to term, and to assist you after your child's birth.
The provisions of this subsection shall not apply to any private office, freestanding surgical outpatient clinic or other facility or clinic which performs abortions only when necessary to prevent the death of the pregnant woman.
(l) Any private office, freestanding surgical outpatient clinic or other facility or clinic in which abortions are performed that has a website shall publish an easily identifiable link on the homepage of such website that directly links to the department of health and environment's website that provides informed consent materials under the woman's-right-to-know act. Such link shall read: "The Kansas Department of Health and Environment maintains a website containing information about the development of the unborn child, as well as video of sonogram images of the unborn child at various stages of development. The Kansas Department of Health and Environment's website can be reached by clicking here."
(m) For purposes of this section:
(1) The term "human being" means an individual living member of the species of homo sapiens, including the unborn human being during the entire embryonic and fetal ages from fertilization to full gestation.
(2) The term "medically challenging pregnancy" means a pregnancy where the unborn child is diagnosed as having: (A) A severe anomaly; or (B) an illness, disease or defect which is invariably fatal.
History: L. 1997, ch. 190, § 27; L. 2009, ch. 28, § 1; L. 2011, ch. 44, § 6; L. 2013, ch. 119, § 14; L. 2014, ch. 87, § 6; L. 2017, ch. 88, § 1; July 1.
§ 65-6710 Same; materials to be published and distributed by the department of health and environment; materials to be available at no cost
(a) The department shall cause to be published and distributed widely, within 30 days after the effective date of this act, and shall update on an annual basis, the following easily comprehensible informational materials:
(1) Geographically indexed printed materials designed to inform the woman of public and private agencies and services available to assist a woman through pregnancy, upon childbirth and while her child is dependent, including, but not limited to, a list of providers of free ultrasound services and adoption agencies. The materials shall include a comprehensive list of the agencies, a description of the services they offer and the telephone numbers and addresses of the agencies; and inform the woman about available medical assistance benefits for prenatal care, childbirth and neonatal care and about the support obligations of the father of a child who is born alive. The department shall ensure that the materials described in this section are comprehensive and do not directly or indirectly promote, exclude or discourage the use of any agency or service described in this section. The materials shall also contain a toll-free 24-hour-a-day telephone number which may be called to obtain, orally, such a list and description of agencies in the locality of the caller and of the services they offer. The materials shall state that it is unlawful for any individual to coerce a woman to undergo an abortion, and that any physician who performs an abortion upon a woman without her informed consent may be liable to her for damages. Kansas law permits adoptive parents to pay costs of prenatal care, childbirth and neonatal care. The materials shall include the following statement:
"Many public and private agencies exist to provide counseling and information on available services. You are strongly urged to seek their assistance to obtain guidance during your pregnancy. In addition, you are encouraged to seek information on alternatives to abortion, including adoption, and resources available to postpartum mothers. The law requires that your physician or the physician's agent provide the enclosed information."
(2) Printed materials that inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including pictures or drawings representing the development of an unborn child at two-week gestational increments, and any relevant information on the possibility of the unborn child's survival. Any such pictures or drawings shall contain the dimensions of the unborn child and shall be realistic. The material shall include the following statements: (A) That by no later than 20 weeks from fertilization, the unborn child has the physical structures necessary to experience pain; (B) that there is evidence that by 20 weeks from fertilization unborn children seek to evade certain stimuli in a manner that in an infant or an adult would be interpreted to be a response to pain; (C) that anesthesia is routinely administered to unborn children who are 20 weeks from fertilization or older who undergo prenatal surgery; (D) that less than 5% of all natural pregnancies end in spontaneous miscarriage after detection of cardiac activity, and a fetal heartbeat is, therefore, a key medical indicator that an unborn child is likely to achieve the capacity for live birth; and (E) that abortion terminates the life of a whole, separate, unique, living human being. The materials shall be objective, nonjudgmental and designed to convey only accurate scientific information about the unborn child at the various gestational ages. The material shall also contain objective information describing the methods of abortion procedures commonly employed, the medical risks commonly associated with each such procedure, including risk of premature birth in future pregnancies, risk of breast cancer, risks to the woman's reproductive health and the medical risks associated with carrying an unborn child to term.
(3) The printed materials shall, at a minimum, contain the following text:
Your doctor is required to tell you about the nature of the physical and emotional risks of both the abortion procedure and carrying a child to term. The doctor must tell you how long you have been pregnant and must give you a chance to ask questions and discuss your decision about the pregnancy carefully and privately in your own language.
In order to determine the gestational age of the unborn child, the doctor may use ultrasound equipment preparatory to the performance of an abortion. You have the right to view the ultrasound image of the unborn child at no additional expense, and you have the right to receive a picture of the unborn child.
A directory of services is also available. By calling or visiting the agencies and offices in the directory you can find out about alternatives to abortion, assistance to make an adoption plan for your baby or locate public and private agencies that offer medical and financial help during pregnancy, during childbirth and while you are raising your child.
Furthermore, you should know that: (A) It is unlawful for any individual to coerce you to undergo an abortion. Coercion is the use of express or implied threats of violence or intimidation to compel a person to act against such person's will; (B) abortion terminates the life of a whole, separate, unique, living human being; (C) any physician who fails to provide informed consent prior to performing an abortion may be guilty of unprofessional conduct and liable for damages; (D) you are not required to pay any amount for the abortion procedure until the 24-hour waiting period has expired; (E) the father of your child is legally responsible to assist in the support of the child, even in instances where the father has offered to pay for an abortion; and (F) the law permits adoptive parents to pay the costs of prenatal care, childbirth and neonatal care.
Many public and private agencies exist to provide counseling and information on available services. You are strongly urged to seek assistance from such agencies in order to obtain guidance during your pregnancy. In addition, you are encouraged to seek information on alternatives to abortion, including adoption, and resources available to postpartum mothers. The law requires that your physician, or the physician's agent, provide this information.
Pregnancy begins at fertilization with the union of a man's sperm and a woman's egg to form a single-cell embryo. This brand new being contains the original copy of a new individual's complete genetic code. Gender, eye color and other traits are determined at fertilization.
Most significant developmental milestones occur long before birth during the first eight weeks following fertilization when most body parts and all body systems appear and begin to function. The main divisions of the body, such as the head, chest, abdomen, pelvis, arms and legs are established by about four weeks after fertilization. Eight weeks after fertilization, except for the small size, the developing human's overall appearance and many internal structures closely resemble the newborn.
Pregnancy is not just a time for growing all the parts of the body. It is also a time of preparation for survival after birth. Starting more than 30 weeks before birth, many common daily activities seen in children and adults begin in the womb. These activities include, but are not limited to, hiccups, touching the face, breathing motions, urination, right- or left-handedness, thumb-sucking, swallowing, yawning, jaw movement, reflexes, REM sleep, hearing, taste and sensation.
Unless otherwise noted, all prenatal ages in the rest of these materials are referenced from the start of the last normal menstrual period. This age is two weeks greater than the age since fertilization.
By five weeks, development of the brain, the spinal cord and the heart is well underway. The heart begins beating at five weeks and one day, and is visible by ultrasound almost immediately. By six weeks, the heart is pumping the unborn child's own blood to such unborn child's brain and body. All four chambers of the heart are present, and more than one million heartbeats have occurred. The head, chest and abdominal cavities have formed and the beginnings of the arms and legs are easily seen. At 6½ weeks, rapid brain development continues with the appearance of the cerebral hemispheres. At 7½ weeks, the unborn child reflexively turns away in response to light touch on the face. The fingers also begin to form on the hand.
By 8½ weeks, the bones of the jaw and collarbone begin to harden. Brainwaves have been measured and recorded by this point in gestation. By nine weeks, the hands move, the neck turns and hiccups begin. Girls also now have ovaries and boys have testes. The unborn child's heart is nearly fully formed, and the heart rate peaks at about 170 beats per minute and will gradually slow down until birth. Electrical recordings of the heart at 9½ weeks are very similar to the EKG tracing of the unborn child.
By 10 weeks, intermittent breathing motions begin, and the kidneys begin to produce and release urine. All the fingers and toes are free and fully formed, and several hundred muscles are now present. The hands and feet move frequently, and most unborn children show the first signs of right- or left-handedness. Pain receptors in the skin, the sensory nerves connecting them to the spinal cord, and the nerve tracts in the spinal cord that will carry pain impulses to the brain are all present by this time. Experts estimate the 10-week unborn child possesses approximately 90% of the 4,500 body parts found in adults. This means approximately 4,000 permanent body parts are present just eight weeks after fertilization.
By 11 weeks, the head moves forward and back, the jaw actively opens and closes and the unborn child periodically sighs and stretches. The face, palms of the hands and soles of the feet are sensitive to light touch. The unborn child begins thumb-sucking and swallowing amniotic fluid. The uterus is now present, and girls' ovaries now contain reproductive cells that will give rise to eggs later in life.
At 12 weeks, fingerprints start forming, while fingernails and toenails begin to grow. The bones are hardening in many locations. The heartbeat can be detected with a hand-held doppler fetal monitor, or external heart rate monitor. By 13 weeks the lips and nose are fully formed and the unborn child can make complex facial expressions.
At 14 weeks, taste buds are present all over the mouth and tongue. The unborn child now produces a wide variety of hormones. Also, the arms reach final proportion to body size. By 15 weeks, the entire unborn child, except for parts of the scalp, responds to light touch, and tooth development is underway.
At 16 weeks, a pregnant woman may begin to feel the unborn child move. The unborn child also begins making several digestive enzymes. Around 17 weeks, blood cell formation moves to its permanent location inside the bone marrow, and the unborn child begins storing energy in the form of body fat.
By 18 weeks, the formation of the breathing passages, called the bronchial tree, is complete. The unborn child will release stress hormones in response to being poked with a needle. By 19 weeks, the unborn child's heart has beaten more than 20 million times.
By 20 weeks, nearly all organs and structures of the unborn child have been formed. The larynx, or voice box, moves in a way similar to movement seen during crying after birth. The skin has developed sweat glands and is covered by a greasy white substance called vernix, which protects the skin from the long exposure to amniotic fluid. At 21 weeks, breathing patterns, body movements and the heart rate begin to follow daily cycles called circadian rhythms.
By 22 weeks, the cochlea, the organ of hearing, reaches adult size, and the unborn child begins hearing and responding to various sounds. All the skin layers and structures are now complete. The unborn child reacts to stimuli that would be recognized as painful if applied to an adult human. By 22 weeks, some infants can live outside the womb with specialized medical care, and survival rates have been reported as high as 40% in some medical centers. Between 20 and 23 weeks, rapid eye movements begin, which are similar to the REM sleep pattern seen when children and adults have dreams.
By 24 weeks, more than 30 million heartbeats have occurred. Survival rates for infants born at 24 weeks have been reported as high as 81%. By 25 weeks, breathing motions may occur up to 44 times per minute.
By 26 weeks, sudden, loud noises trigger a blink-startle response in the unborn child and may increase body movement, the heart rate and swallowing. The lungs begin to produce a substance necessary for breathing after birth. The survival rate of infants born at 26 weeks has been reported as high as 95%.
By 28 weeks, the sense of smell is functioning and the eyes produce tears. Nearly all infants born between this point and full term survive. By 29 weeks, pupils of the eyes react to light. By 31 weeks, the heart has beat more than 40 million times, and wrinkles in the skin disappear as more fat deposits are formed.
By 32 weeks, breathing movements occur up to 40% of the time. By 34 weeks true alveoli, or air "pocket" cells, begin developing in the lungs. At 36 weeks, scalp hair is silky and lies against the head. By 37 weeks, the unborn child has a firm hand grip, and the heart has beat more than 50 million times. The unborn child initiates labor, ideally around 40 weeks, leading to childbirth.
By state law, no person shall perform or induce an abortion when the unborn child is viable or pain-capable unless such person is a physician and has a documented referral. The physician who performs or induces an abortion when the unborn child is viable must have a documented referral from another physician not legally or financially affiliated with the physician performing or inducing the abortion. Both physicians must determine that the abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible impairment of a major physical bodily function of the pregnant woman. If the child is born alive, the attending physician has the legal obligation to take all reasonable steps necessary to maintain the life and health of the child.
What about adoption? Women or couples facing an untimely pregnancy who choose not to take on the full responsibilities of parenthood have another option, which is adoption. Counseling and support services are a key part of adoption and are available from a variety of adoption agencies and parent support groups across the state. A list of adoption agencies is available. There are several ways to make a plan for adoption, including through a child placement agency or through a private attorney. Although fully anonymous adoptions are available, some degree of openness in adoption is more common, such as permitting the birth mother to choose the adoptive parents. A father only has the right to consent to an adoption or refuse consent and raise the child if he provides support for the mother during the last six months of the pregnancy.
The father of a child has a legal responsibility to provide for the support, educational, medical and other needs of the child. In Kansas, that responsibility includes child support payments to the child's mother or legal guardian. A child has rights of inheritance from the father and may be eligible through him for benefits such as life insurance, social security, pension, veteran's or disability benefits. Further, the child benefits from knowing the father's medical history and any potential health problems that can be passed genetically. A father's and mother's rights are equal regarding access, care and custody.
Paternity can be established in Kansas by two methods: (A) The father and mother, at the time of birth, can sign forms provided by the hospital acknowledging paternity and the father's name is added to the birth certificate; or (B) a legal action can be brought in a court of law to determine paternity and establish a child support order. Issues of paternity affect your legal rights and the rights of the child.
The decision regarding your pregnancy is one of the most important decisions you will ever make. There are lists of state, county and local health and social service agencies and organizations available to assist you. You are encouraged to contact these groups if you need more information so you can make an informed decision.
(4) A certification form to be used by physicians or their agents under subsection (e) of K.S.A. 65-6709, and amendments thereto, which will list all the items of information which are to be given to women by physicians or their agents under the woman's-right-to-know act.
(5) A standardized video containing all of the information described in paragraphs (1) and (2). In addition, the video shall show ultrasound images, using the best available ultrasound technology, of an unborn child at two week gestational increments.
(b) The print materials required under this section shall be printed in a typeface large enough to be clearly legible. The informational video may be published in digital video disc format or in the latest video technology available. All materials required to be published under this section shall also be published online on the department's website. All materials shall be made available in both English and Spanish language versions.
(c) The materials required under this section shall be available at no cost from the department upon request and in appropriate number to any person, facility or hospital.
History: L. 1997, ch. 190, § 28; L. 2009, ch. 28, § 2; L. 2011, ch. 44, § 7; L. 2013, ch. 119, § 15; July 1.
§ 65-6711 Same; information where medical emergency compels performances of an abortion
Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of a major bodily function.
History: L. 1997, ch. 190, § 29; July 1.
§ 65-6712 Same; failure to provide informed consent and printed materials under act is unprofessional conduct
Any physician who intentionally, knowingly or recklessly fails to provide in accordance with K.S.A. 65-6709 and amendments thereto the printed materials described in K.S.A. 65-6710 and amendments thereto, whether or not an abortion is actually performed on the woman, is guilty of unprofessional conduct as defined in K.S.A. 65-2837 and amendments thereto.
History: L. 1997, ch. 190, § 30; L. 1998, ch. 142, § 16; July 1.
§ 65-6713 Repealed
History: L. 1997, ch. 190, § 31; Repealed, L. 2011, ch. 44, § 9; July 1.
§ 65-6714 Same; severability clause
The provisions of this act are declared to be severable, and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of the woman's-right-to-know act.
History: L. 1997, ch. 190, § 32; July 1.
§ 65-6715 Same; act does not create or recognize a right to abortion or make lawful an abortion that is currently unlawful
(a) Nothing in the woman's-right-to-know act shall be construed as creating or recognizing a right to abortion.
(b) It is not the intention of the woman's-right-to-know act to make lawful an abortion that is currently unlawful.
History: L. 1997, ch. 190, § 33; July 1.
§ 65-6716 Required notice to patients receiving medication abortion; signage in certain facilities; contents; criminal penalty for violation; fines; civil actions against physicians
(a) As used in this section:
(1) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(2) "Medication abortion" means the use or prescription of any drug for the purpose of inducing an abortion.
(3) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) (1) Any private office, freestanding surgical outpatient clinic, hospital or other medical care facility or clinic or any pharmacy where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion shall post a conspicuous sign that is clearly visible to patients and customers, that is printed with lettering that is legible and at least
3/4 of an inch boldfaced type and that reads:
"NOTICE TO PATIENTS HAVING MEDICATION ABORTIONS THAT USE MIFEPRISTONE: Mifepristone, also known as RU-486 or mifeprex, alone is not always effective in ending a pregnancy. It may be possible to reverse its intended effect if the second pill or tablet has not been taken or administered. If you change your mind and wish to try to continue the pregnancy, you can get immediate help by accessing available resources."
The notice shall also include information about the department of health and environment website, required to be maintained under K.S.A. 65-6710, and amendments thereto, and other relevant telephone and internet resources containing information on where the patient can obtain timely assistance to attempt to reverse the medication abortion.
(2) (A) Any private office or freestanding surgical outpatient clinic where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion shall post the sign required by paragraph (1) in each patient waiting room and patient consultation room used by patients seeking medication abortions.
(B) A hospital or other medical care facility or clinic where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion that is not a private office or freestanding surgical outpatient clinic shall post the sign required by paragraph (1) in each patient admission area used by patients seeking medication abortions that use mifepristone.
(C) A pharmacy where mifepristone is prescribed, dispensed or administered for the purpose of inducing a medication abortion shall post the sign required by paragraph (1) in the area inside the premises where customers are provided prescription medications and on the exterior of the premises in the area where customers are provided prescription medications via a drive-through window.
(c) (1) Except in the case of a medical emergency, no physician shall provide, induce or attempt to provide or induce a medication abortion that use mifepristone without informing the woman, in writing, in the manner prescribed by K.S.A. 65-6709, and amendments thereto, and also either by telephone or in person, at least 24 hours prior to the medication abortion:
(A) That it may be possible to reverse the intended effects of a medication abortion that uses mifepristone, if the woman changes her mind, but that time is of the essence; and
(B) information on reversing the effects of a medication abortion that uses mifepristone is available on the department of health and environment's website, required to be maintained under K.S.A. 65-6710, and amendments thereto, and other relevant telephone and internet resources containing information on where the patient can obtain timely assistance to attempt to reverse the medication abortion.
(2) After a physician dispenses or provides an initial administration of mifepristone to a patient for the purposes of performing a medication abortion, the physician or an agent of the physician shall provide a legible, written notice to the patient that includes the same information as required under subsection (b)(1).
(d) When a medical emergency compels the performance of a medication abortion that use mifepristone, the physician shall inform the woman, prior to the medication abortion, if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert the woman's death or that a 24-hour delay would create serious risk of substantial and irreversible impairment of a major bodily function, excluding psychological or emotional conditions.
(e) Within 90 days after the effective date of this section, the department of health and environment shall cause to be published, in English and in each language that is the primary language of 2% or more of the state's population, in print and on the website required to be maintained under K.S.A. 65-6710, and amendments thereto, comprehensible materials designed to inform women of the possibility of reversing the effects of a medication abortion that uses mifepristone and information on resources available to reverse the effects of a medication abortion that uses mifepristone. The website shall also include other relevant telephone and internet resources containing information on where the patient can obtain timely assistance to attempt to reverse the medication abortion.
(f) Upon a first conviction of a violation of this section, a person shall be guilty of a class A person misdemeanor. Upon a second or subsequent conviction of a violation of this section, a person shall be guilty of a severity level 10, person felony.
(g) The department of health and environment shall assess a fine of $10,000 to any private office, freestanding surgical outpatient clinic, hospital or other clinic or facility that fails to post a sign required by subsection (b). Each day that a medication abortion that uses mifepristone, other than a medication abortion that is necessary to prevent the death of the pregnant woman, is performed in any private office, freestanding surgical outpatient clinic, hospital or other facility or clinic when the required sign is not posted during a portion of that day's business hours when patients or prospective patients are present shall be a separate violation. The department of health and environment shall remit all moneys received from fines under this subsection 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 into the state treasury to the credit of the state general fund.
(h) (1) If a physician provides a medication abortion using mifepristone in violation of this section, the following individuals may bring a civil action in a court of competent jurisdiction against the physician for actual damages, exemplary and punitive damages and any other appropriate relief:
(A) A woman to whom such medication abortion has been provided;
(B) the father of the unborn child who was subject to such medication abortion; or
(C) any grandparent of the unborn child who was subject to such medication abortion, if the woman was not 18 years of age or older at the time the medication abortion was performed or if the woman died as a result of the medication abortion.
(2) Notwithstanding any other provision of law, any action commenced in accordance with this subsection shall be filed within two years after the later of:
(A) The date of the discovery of the violation under this section; or
(B) the conclusion of a related criminal case.
(3) In any action brought under this section, the court shall award reasonable attorney fees and costs to:
(A) A prevailing plaintiff; or
(B) a prevailing defendant upon a finding that the action was frivolous and brought in bad faith.
(4) Except for the woman to whom the medication abortion was provided, no action may be brought by any person whose criminal conduct resulted in the pregnancy, and any such person shall not be awarded any damages in any action brought pursuant to this section.
(i) In any civil or criminal proceeding or action brought under this section, the court shall rule whether the anonymity of any woman to whom a medication abortion has been provided, induced or attempted to be provided or induced shall be preserved from public disclosure, if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that the woman's anonymity should be preserved, shall issue orders to the parties, witnesses and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman to whom a medication abortion has been provided, induced or attempted to be provided or induced, any person, other than a public official, who brings an action under this section shall do so under a pseudonym. This subsection shall not be construed to conceal the identity of the plaintiff or witnesses from the defendant.
(j) If any provision of this section, or any application thereof to any person or circumstance, is held invalid by court order, then such invalidity shall not affect the remainder of this section and any application thereof to any person or circumstance that can be given effect without such invalid provision or application, and to this end, the provisions of this section are declared to be severable.
(k) The provisions of this section shall be a part of and supplemental to the woman's-right-to-know act.
History: L. 2023, ch. 88, § 1; July 1.
§§ 65-6717 through 65-6720 Reserved
§ 65-6721 Partial birth abortion; restrictions and prohibitions; civil damages and criminal penalties for violations
(a) No person shall perform or induce a partial birth abortion on an unborn child unless such person is a physician and has a documented referral from another physician who is licensed to practice in this state, and who is not legally or financially affiliated with the physician performing or inducing the abortion and both physicians provide a written determination, based upon a medical judgment that would be made by a reasonably prudent physician, knowledgeable in the field and knowledgeable about the case and the treatment possibilities with respect to the conditions involved, that the partial birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
(b) As used in this section, "partial birth abortion" means an abortion procedure in which the person performing the abortion deliberately and intentionally vaginally delivers a living unborn child until, in the case of a head-first presentation, the entire head of the unborn child is outside the body of the mother, or, in the case of a breech presentation, any part of the trunk of the unborn child past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living unborn child, and performs the overt act, other than completion of delivery, that kills the partially delivered living unborn child.
(c) (1) If a physician determines in accordance with the provisions of subsection (a) that a partial birth abortion is necessary and performs a partial birth abortion on the woman, the physician shall report such determination, the medical basis, including the specific medical diagnosis and the reasons for such determination in writing to the medical care facility in which the abortion is performed for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445, and amendments thereto, or if the abortion is not performed in a medical care facility, the physician shall report such determination, the medical basis, including the specific medical diagnosis, and the reasons for such determination in writing to the secretary of health and environment as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto. The physician shall retain a copy of the written reports required under this subsection for not less than 10 years.
(2) The secretary of health and environment shall adopt rules and regulations to administer this section. Such rules and regulations shall include:
(A) A detailed list of the contents of the written reports required under paragraph (1) of this subsection; and
(B) detailed information that must be provided by a physician to insure that the specific medical basis and clinical diagnosis regarding the woman is reported.
(d) (1) The father, if married to the woman at the time of the abortion, and, if the woman has not attained the age of 18 years at the time of the abortion, the parents or custodial guardian of the woman, may in a civil action obtain appropriate relief, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
(2) Such relief shall include:
(A) Money damages for all injuries, psychological and physical, occasioned by the violation of this section;
(B) statutory damages equal to three times the cost of the abortion; and
(C) reasonable attorney fees.
(e) A woman upon whom an abortion is performed shall not be prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-5302, and amendments thereto.
(f) Nothing in this section shall be construed to create a right to an abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law.
(g) Upon conviction of a violation of this section, a person shall be guilty of a severity level 8 person felony.
History: L. 1998, ch. 142, § 18; L. 2011, ch. 44, § 8; L. 2011, ch. 91, § 30; July 1.
§ 65-6722 Abortion of pain-capable unborn child; legislative findings
The legislature hereby finds and declares that:
(a) Pain receptors (nociceptors) are present throughout the unborn child's entire body by no later than 16 weeks after fertilization and nerves link these receptors to the brain's thalamus and subcortical plate by no later than 20 weeks;
(b) by eight weeks after fertilization, the unborn child reacts to touch. By 20 weeks after fertilization, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example, by recoiling;
(c) in the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response;
(d) subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral and learning disabilities later in life;
(e) for the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli is applied without such anesthesia;
(f) the position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain;
(g) substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain;
(h) in adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does;
(i) substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing;
(j) consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization; and
(k) it is the purpose of the state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.
History: L. 2011, ch. 41, § 1; July 1.
§ 65-6723 Abortion of pain-capable unborn child; definitions
As used in K.S.A. 65-6722 through 65-6724, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) "Bodily function" means physical function. The term "bodily function" does not include mental or emotional functions.
(c) "Department" means the department of health and environment.
(d) "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.
(e) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(f) "Pain-capable unborn child" means an unborn child having reached the gestational age of 22 weeks or more.
(g) "Physician" means a person licensed to practice medicine and surgery in this state.
(h) "Pregnant" or "pregnancy" means that female reproductive condition of having an unborn child in the mother's body.
History: L. 2011, ch. 41, § 2; L. 2014, ch. 87, § 7; L. 2023, ch. 88, § 6; July 1.
§ 65-6724 Same; certain abortions prohibited, exceptions; determination of gestational age; civil action; criminal penalties
(a) No person shall perform or induce, or attempt to perform or induce an abortion upon a pain-capable unborn child unless such person is a physician and has a documented referral from another physician not legally or financially affiliated with the physician performing or inducing, or attempting to perform or induce the abortion and both physicians provide a written determination, based upon a medical judgment arrived at using and exercising that degree of care, skill and proficiency commonly exercised by the ordinary skillful, careful and prudent physician in the same or similar circumstances and that would be made by a reasonably prudent physician, knowledgeable in the field, and knowledgeable about the case and the treatment possibilities with respect to the conditions involved, that: (1) The abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function.
(b) Except in the case of a medical emergency, a copy of the written documented referral and of the abortion-performing physician's written determination shall be provided to the pregnant woman no less than 30 minutes prior to the initiation of the abortion. The written determination shall be time-stamped at the time it is delivered to the pregnant woman. The medical basis for the determination shall also be reported by the physician as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto. Such determination shall specify:
(1) If the abortion is necessary to preserve the life of the pregnant woman and the medical basis of such determination, including the specific medical condition the physician believes would cause the death of the pregnant woman; or
(2) if a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman and the medical basis of such determination, including the specific medical condition the physician believes would constitute a substantial and irreversible impairment of a major bodily function of the pregnant woman.
(c) (1) Except in the case of a medical emergency, prior to performing or inducing, or attempting to perform or induce an abortion upon a woman, the physician shall determine the gestational age of the unborn child according to accepted obstetrical and neonatal practice and standards applied by physicians in the same or similar circumstances. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to gestational age. The physician shall document as part of the medical records of the woman the basis for the determination of gestational age. The physician shall report such determinations, the medical basis and the reasons for such determinations in writing to the medical care facility in which the abortion is performed or induced for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445, and amendments thereto, or if the abortion is not performed or induced in a medical care facility, the physician who performs or induces the abortion shall report such determinations, the medical basis and the reasons for such determinations in writing to the secretary of health and environment as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto.
(2) If the physician determines the gestational age of the unborn child is 22 or more weeks, then no abortion of the pain-capable unborn child shall be performed or induced, or attempted to be performed or induced except as provided for in subsection (a). In such event, the physician who performs or induces the abortion shall report such determinations, the medical basis and the reasons for such determinations, including the specific medical diagnosis for the determination that an abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman and the name of the referring physician required by subsection (a) in writing to the medical care facility in which the abortion is performed or induced for inclusion in the report of the medical care facility to the secretary of health and environment under K.S.A. 65-445, and amendments thereto, or if the abortion is not performed or induced in a medical care facility, the physician who performs or induces the abortion shall report such determinations, the medical basis and the reasons for such determinations, including the specific medical diagnosis for the determination that an abortion is necessary to preserve the life of the pregnant woman or that a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman and the name of the referring physician required by subsection (a) in writing to the secretary of health and environment as part of the written report made by the physician to the secretary of health and environment under K.S.A. 65-445, and amendments thereto.
(3) The physician shall retain the medical records required to be kept under this subsection for not less than 10 years.
(d) The secretary of health and environment shall adopt rules and regulations to administer this section. Such rules and regulations shall include:
(1) A detailed list of the information that must be kept by a physician under this section;
(2) the contents of the written reports required under this section; and
(3) detailed specifications regarding information that must be provided by a physician in order to comply with the obligation to disclose the medical basis and specific medical diagnosis relied upon in determining gestational age and in determining that an abortion is necessary to preserve the life of the pregnant woman, or that a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman.
(e) A woman upon whom an abortion is performed or induced, or attempted to be performed or induced shall not be prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-5302, and amendments thereto.
(f) Nothing in this section shall be construed to create a right to an abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law.
(g) (1) A woman upon whom an abortion is performed or induced in violation of this section, the father, if married to the woman at the time of the abortion, and the parents or custodial guardian of the woman, if the woman has not attained the age of 18 years at the time of the abortion, may in a civil action obtain appropriate relief, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed or induced, the pregnancy resulted from the plaintiff's criminal conduct.
(2) Such relief shall include:
(A) Money damages for all injuries, psychological and physical, occasioned by the violation of this section;
(B) statutory damages equal to three times the cost of the abortion; and
(C) reasonable attorney fees.
(h) The prosecution of violations of this section may be brought by the attorney general or by the district attorney or county attorney for the county where any violation of this section is alleged to have occurred.
(i) If any provision of this section is held to be invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this section without such invalid or unconstitutional provision.
(j) Upon a first conviction of a violation of this section, a person shall be guilty of a class A person misdemeanor. Upon a second or subsequent conviction of a violation of this section, a person shall be guilty of a severity level 10, person felony.
History: L. 2011, ch. 41, § 3; July 1.
§ 65-6725 Same; construction of act
Nothing in this act shall be construed to repeal any statute dealing with abortion, but shall be considered supplemental to such other statutes.
History: L. 2011, ch. 41, § 5; July 1.
§ 65-6726 Abortion based on gender; prohibited
(a) No person shall perform or induce an abortion or attempt to perform or induce an abortion with knowledge that the pregnant woman is seeking the abortion solely on account of the sex of the unborn child.
(b) (1) A woman upon whom an abortion is performed or induced, or upon whom there is an attempt to perform or induce an abortion, in violation of this section, the father, if married to the woman at the time of the abortion, and the parents or custodial guardian of the woman, if the woman has not attained the age of 18 years at the time of the abortion, may in a civil action obtain appropriate relief, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct.
(2) Such relief shall include:
(A) Money damages for all injuries, psychological and physical, occasioned by the violation of this section;
(B) statutory damages equal to three times the cost of the abortion;
(C) injunctive relief; and
(D) reasonable attorney fees.
(c) A woman upon whom an abortion is performed shall not be prosecuted under this section for a conspiracy to violate this section pursuant to K.S.A. 21-5302, and amendments thereto.
(d) Nothing in this section shall be construed to create a right to an abortion. Notwithstanding any provision of this section, a person shall not perform an abortion that is prohibited by law.
(e) Upon a first conviction of a violation of this section, a person shall be guilty of a class A person misdemeanor. Upon a second or subsequent conviction of a violation of this section, a person shall be guilty of a severity level 10, person felony.
(f) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
(g) For purposes of this section, the term "abortion" has the same meaning as such term is defined in K.S.A. 65-6701, and amendments thereto.
History: L. 2013, ch. 119, § 10; July 1.
§§ 65-6727 through 65-6730 Reserved
§ 65-6731 Prohibition on certain funding for abortions; definitions
As used in K.S.A. 65-6731 through 65-6738, and amendments thereto:
(a) "Abortion" has the same meaning as such term is defined in K.S.A. 65-6701, and amendments thereto.
(b) "Health benefit plan" means any hospital or medical expense policy, health, hospital or medical services corporation contract, and a plan provided by a municipal group-funded pool, or a health maintenance organization contract offered by any employer or any certificate issued under any such policy, contract or plan.
(c) "Health care entity" means an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization or any other health care facility or organization.
(d) "School district" means any public school district organized under the laws of this state.
(e) "State agency" has the same meaning as such term is defined in K.S.A. 75-3701, and amendments thereto.
History: L. 2013, ch. 119, § 1; July 1.
§ 65-6732 Legislative declaration that life begins at fertilization
(a) The legislature hereby finds and declares the following:
(1) The life of each human being begins at fertilization;
(2) unborn children have interests in life, health and well-being that should be protected; and
(3) the parents of unborn children have protectable interests in the life, health and well-being of the unborn children of such parents.
(b) On and after July 1, 2013, the laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development, all the rights, privileges and immunities available to other persons, citizens and residents of this state, subject only to the constitution of the United States, and decisional interpretations thereof by the United States supreme court and specific provisions to the contrary in the Kansas constitution and the Kansas Statutes Annotated.
(c) As used in this section:
(1) "Fertilization" means the fusion of a human spermatozoon with a human ovum.
(2) "Unborn children" or "unborn child" shall include all unborn children or the offspring of human beings from the moment of fertilization until birth at every stage of biological development.
(d) Nothing in this section shall be construed as creating a cause of action against a woman for indirectly harming her unborn child by failing to properly care for herself or by failing to follow any particular program of prenatal care.
History: L. 2013, ch. 119, § 2; July 1.
§ 65-6733 Prohibition on certain funding for abortion
Except to the extent required by federal law:
(a) No moneys appropriated from the state general fund or from any special revenue fund shall be expended for any abortion;
(b) no tax credit shall be allowed against any income tax, premium or privilege tax liability and no exemption shall be granted from sales or compensating use tax for that portion of such amounts paid or incurred for an abortion, or that portion of such amounts paid or incurred for a health benefit plan, including premium assistance, for the purchase of an optional rider for coverage of abortion in accordance with K.S.A. 40-2,190, and amendments thereto;
(c) in the case of any tax-preferred trust or account, the purpose of which is to pay medical expenses of the account beneficiary, any amount paid or distributed from such an account for an abortion shall be included in the gross income of such beneficiary; and
(d) no health care services provided by any state agency, or any employee of a state agency while acting within the scope of such employee's employment, shall include abortion, nor shall money appropriated from the state general fund or from any special revenue fund be used to pay for the lease or operation of any facility in which abortions are performed.
History: L. 2013, ch. 119, § 3; July 1.
§ 65-6734 Same; school districts
No school district, employee or agent thereof, or educational service provider contracting with such school district shall provide abortion services. No school district shall permit any person or entity to offer, sponsor or otherwise furnish in any manner any course materials or instruction relating to human sexuality or sexually transmitted diseases if such person or entity is an abortion services provider, or an employee, agent or volunteer of an abortion services provider.
History: L. 2013, ch. 119, § 4; July 1.
§ 65-6735 Same; construction of act
Nothing in K.S.A. 65-6731 through 65-6738, and amendments thereto, shall repeal, amend or have any effect on any other state law to the extent such law imposes any limitation on the use of funds for abortion, more restrictive than the limitations set forth in K.S.A. 65-6731 through 65-6738, and amendments thereto.
History: L. 2013, ch. 119, § 5; July 1.
§ 65-6736 Same; no requirement to provide or right to an abortion
Nothing in K.S.A. 65-6731 through 65-6738, and amendments thereto, shall be construed:
(a) To require any state agency or municipality to provide or pay for any abortion; or
(b) as creating or recognizing a right to an abortion.
History: L. 2013, ch. 119, § 6; July 1.
§ 65-6737 Same; discrimination prohibited
No state agency shall discriminate against any individual or institutional health care entity on the basis that such health care entity does not provide, pay for or refer for abortions.
History: L. 2013, ch. 119, § 7; July 1.
§ 65-6738 Same; applicability of act
The limitations set forth in K.S.A. 65-6731 through 65-6738, and amendments thereto, shall not apply to an abortion which is necessary to preserve the life of the pregnant woman.
History: L. 2013, ch. 119, § 8; July 1.
§ 65-6739 Same; severability
If any provision or clause of this act or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 2013, ch. 119, § 23; July 1.
§ 65-6740 Reserved
§ 65-6741 Kansas unborn child protection from dismemberment abortion act; citation of act
The provisions of K.S.A. 65-6741 through 65-6749, and amendments thereto, shall be known and may be cited as the Kansas unborn child protection from dismemberment abortion act.
History: L. 2015, ch. 22, § 1; July 1.
§ 65-6742 Definitions
As used in K.S.A. 65-6741 through 65-6749, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) (1) "Dismemberment abortion" means, with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting such unborn child one piece at a time from the uterus through the use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush or grasp a portion of the unborn child's body in order to cut or rip it off.
(2) The term "dismemberment abortion" does not include an abortion that uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container. "Dismemberment abortion" includes an abortion in which a dismemberment abortion, as defined in paragraph (1), is used to cause the death of an unborn child, but suction is subsequently used to extract fetal parts after the death of the unborn child.
(c) "Knowingly" means the same as defined in K.S.A. 21-5202, and amendments thereto.
(d) "Medical emergency" means the same as defined in K.S.A. 65-6701, and amendments thereto.
History: L. 2015, ch. 22, § 2; L. 2023, ch. 88, § 7; July 1.
§ 65-6743 Dismemberment abortion prohibited; exceptions
(a) No person shall perform, or attempt to perform, a dismemberment abortion on an unborn child unless: (1) The dismemberment abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct that would result in her death or in substantial and irreversible physical impairment of a major bodily function.
(b) No woman upon whom an abortion is performed or attempted to be performed shall be liable for performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary, receptionist or other employee or agent who is not a physician, but who acts at the direction of a physician, and no pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician shall be liable for performing or attempting to perform a dismemberment abortion.
History: L. 2015, ch. 22, § 3; July 1.
§ 65-6744 Cause of action for injunctive relief
The attorney general or any district or county attorney with appropriate jurisdiction may bring a cause of action for injunctive relief against a person who has performed or attempted to perform a dismemberment abortion in violation of K.S.A. 65-6743, and amendments thereto. Any injunctive relief ordered pursuant to an action filed under this section shall prohibit the defendant from performing or attempting to perform any dismemberment abortions in violation of K.S.A. 65-6743, and amendments thereto.
History: L. 2015, ch. 22, § 4; July 1.
§ 65-6745 Civil action for violation of act
(a) A cause of action for civil damages against a person who has performed a dismemberment abortion in violation of K.S.A. 65-6743, and amendments thereto, may be maintained by the following persons, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct:
(1) A woman upon whom a dismemberment abortion has been performed in violation of K.S.A. 65-6743, and amendments thereto;
(2) the father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or
(3) the parents or custodial guardians of the woman, if the woman has not attained the age of 18 years at the time of the abortion or has died as a result of the abortion.
(b) Damages awarded in such an action shall include:
(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion;
(2) statutory damages equal to three times the cost of the dismemberment abortion;
(3) injunctive relief; and
(4) reasonable attorney fees awarded in accordance with subsection (d).
(d) (1) If judgment is rendered in favor of the plaintiff in an action brought under K.S.A. 65-6744, and amendments thereto, or this section, the court shall award reasonable attorney fees to the plaintiff in addition to any other relief that is awarded.
(2) If judgment is rendered in favor of the defendant in an action brought under K.S.A. 65-6744, and amendments thereto, or this section, and the court finds that the plaintiff's action was frivolous and brought in bad faith, the court shall award reasonable attorney fees to the defendant in addition to any other relief that is awarded.
(3) No attorney fees shall be assessed against the woman upon whom a dismemberment abortion was performed or attempted to be performed except in accordance with paragraph (2).
History: L. 2015, ch. 22, § 5; July 1.
§ 65-6746 Criminal penalties for violation of act
Upon a first conviction of a violation of K.S.A. 65-6743, and amendments thereto, a person shall be guilty of a class A person misdemeanor. Upon a second or subsequent conviction of a violation of K.S.A. 65-6743, and amendments thereto, a person shall be guilty of a severity level 10, person felony.
History: L. 2015, ch. 22, § 6; July 1.
§ 65-6747 Legal proceedings; public disclosure of name of woman, orders against such disclosure
In every civil, criminal or administrative proceeding or action arising out of a violation of K.S.A. 65-6703, 65-6721, K.S.A. 65-6724 or 65-6743, and amendments thereto, the court shall rule whether the anonymity of any woman upon whom an unlawful abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that such woman's anonymity should be preserved, shall issue orders to the parties, witnesses and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an unlawful abortion has been performed or attempted to be performed, anyone other than a public official who brings an action arising out of a violation of K.S.A. 65-6703, 65-6721, K.S.A. 65-6724 or 65-6743, and amendments thereto, shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
History: L. 2015, ch. 22, § 7; July 1.
§ 65-6748 Construction of act
Nothing in K.S.A. 65-6741 through 65-6749, and amendments thereto, shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion.
History: L. 2015, ch. 22, § 8; July 1.
§ 65-6749 Severability
If any provision or clause of this act* or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History: L. 2015, ch. 22, § 9; July 1.
§ 65-6750 Effect of injunction or other judicial order on provisions of article 67
If any of the provisions of article 67 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, are temporarily or permanently enjoined or otherwise restricted and not given their full force and effect by judicial order, all other provisions of article 67 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, not so enjoined or otherwise restricted shall be enforced as though such enjoined or otherwise restricted provisions had not been enacted, provided, that if any such temporary or permanent injunction or other judicial order is stayed, lifted, dissolved or otherwise ceases to have effect, then such provisions shall have full force and effect.
History: L. 2017, ch. 88, § 2; July 1.
§ 65-6751 Born-alive infants protection act; citation of act
The provisions of K.S.A. 2025 Supp. 65-6751 through 65-6759, and amendments thereto, shall be known and may be cited as the born-alive infants protection act.
History: L. 2023, ch. 85, § 1; July 1.
§ 65-6752 Definitions
As used in K.S.A. 2025 Supp. 65-6752 through 65-6758, and amendments thereto:
(a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto.
(b) "Born alive" means the complete expulsion or extraction of a human being from its mother, at any stage of development, who, after such expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section or induced abortion.
(c) "Healthcare provider" means a physician, licensed physician assistant, licensed advanced practice registered nurse or person licensed, registered, certified or otherwise authorized to practice by the behavioral sciences regulatory board.
(d) "Medical care facility" means the same as defined in K.S.A. 65-425, and amendments thereto.
History: L. 2023, ch. 85, § 2; July 1.
§ 65-6753 Terms used in crimes against persons; inclusion of certain persons
Whenever the terms "child," "human being" or "person" are used in K.S.A. 21-5401, 21-5402, 21-5403, 21-5404, 21-5405, 21-5406 and 21-5413(a) and (b), and amendments thereto, such terms shall include each member of the species homo sapiens who is born alive.
History: L. 2023, ch. 85, § 3; July 1.
§ 65-6754 Duty to preserve life and health of child born alive during abortion or attempted abortion; obligation to report failure of duty to law enforcement, when
(a) In the event an abortion or attempted abortion results in a child being born alive, any healthcare provider present at the time the child is born alive shall:
(1) Exercise the same degree of professional skill, care and diligence to preserve the life and health of the child as a reasonably diligent and conscientious healthcare provider would render to any other child born alive at the same gestational age; and
(2) ensure that the child who is born alive is immediately transported to a hospital.
(b) Any healthcare provider or any employee of a medical care facility who has knowledge of a failure to comply with the requirements of subsection (a) shall immediately report such failure to an appropriate law enforcement agency.
History: L. 2023, ch. 85, § 4; July 1.
§ 65-6755 Criminal penalty for violation of act; exception
(a) Any person who knowingly or recklessly violates K.S.A. 2025 Supp. 65-6754, and amendments thereto, shall be guilty of a severity level 10, nonperson felony.
(b) Any person who intentionally performs or attempts to perform an overt act that kills a child who is born alive during an abortion or attempted abortion shall be guilty of a severity level 1, person felony.
(c) The provisions of this section shall not apply to the woman upon whom the abortion is performed or attempted.
History: L. 2023, ch. 85, § 5; July 1.
§ 65-6756 Cause of action for violation of act; limitations; damages
(a) The woman upon whom the abortion or attempted abortion was performed, the father of the child born alive and, if the woman has not attained 18 years of age at the time the abortion or attempted abortion is performed, the parents or custodial guardian of the woman upon whom the abortion or attempted abortion was performed may bring a civil action for any violation of K.S.A. 2025 Supp. 65-6754, and amendments thereto, to obtain appropriate relief.
(b) Any person who is not the woman upon whom the abortion or attempted abortion was performed shall be barred from bringing any action under this section if the pregnancy resulted from such person's criminal conduct.
(c) The prevailing party in any action brought under this section may be awarded reasonable attorney fees, except that if the prevailing party is the defendant, then the court shall find that the plaintiff's action was frivolous and brought in bad faith before the court and may award attorney fees to such defendant.
History: L. 2023, ch. 85, § 6; July 1.
§ 65-6757 Anonymity of woman upon whom abortion is performed or attempted; court orders
In any civil or criminal action brought pursuant to K.S.A. 2025 Supp. 65-6755 or 65-6756, and amendments thereto, upon a motion by either party or sua sponte, the court shall determine whether the anonymity of any woman upon whom an abortion or attempted abortion was performed shall be preserved if such woman does not give consent to the public disclosure of her name. If the court determines that such woman's anonymity should be preserved, then the court shall issue appropriate orders to the parties, witnesses and counsel and shall direct that the court records of the proceedings be sealed and all individuals who are not a party to the action, witnesses or counsel be excluded from the courtroom or hearing room to the extent necessary to safeguard the woman's identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable less restrictive alternative exists. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
History: L. 2023, ch. 85, § 7; July 1.
§ 65-6758 Annual reports by medical care facilities; contents; penalty for failure to file
(a) Each medical care facility in which an infant is born alive subsequent to an abortion or attempted abortion performed on the mother of the infant shall submit an annual report to the secretary of health and environment on the number of such infants in such form and manner as prescribed by the secretary. Such report shall include:
(1) The approximate gestational age of the infant who was born alive expressed in one of the following increments:
(A) Less than nine weeks;
(B) nine to 10 weeks;
(C) 11 to 12 weeks;
(D) 13 to 15 weeks;
(E) 16 to 20 weeks;
(F) 21 to 24 weeks;
(G) 25 to 30 weeks;
(H) 31 to 36 weeks; or
(I) 37 weeks to term;
(2) any medical actions taken to preserve the life of the infant who was born alive;
(3) the outcome for such infants, including survival, death and location of death, such as a clinic, hospital or ambulance, if known; and
(4) the medical conditions of infants who were born alive, including conditions developed prior to and after the attempted abortion.
(b) The secretary may impose a civil fine in any amount not to exceed $500 on any medical care facility that fails to submit the required report within 30 days after the date such report is due to be submitted to the secretary. The secretary may impose an additional civil fine in an amount not to exceed $500 for each additional 30-day period that such medical care facility fails to submit the required report. If a medical care facility fails to submit a required report for more than one year following the date that such report is due to be submitted to the secretary, or submits an incomplete report during such time period and fails to correct the deficiencies in such report, the secretary may bring a civil action for an injunction to compel such medical care facility to submit the required report.
History: L. 2023, ch. 85, § 8; July 1.
§ 65-6759 Severability
If any provision, word, phrase or clause of K.S.A. 2025 Supp. 65-6751 through 65-6758, and amendments thereto, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions, words, phrases, clauses or applications of K.S.A. 2025 Supp. 65-6751 through 65-6758, and amendments thereto, that can be given effect without the invalid provision, word, phrase, clause or application and to this end, the provisions, words, phrases and clauses of K.S.A. 2025 Supp. 65-6751 through 65-6758, and amendments thereto, are declared severable.
History: L. 2023, ch. 85, § 9; July 1.
Article 67a Fetal Organs and Tissue
§ 65-67a01 Fetal organs or tissue; definitions
As used in this act:
(a) "Abortion" means an abortion as defined by K.S.A. 65-6701, and amendments thereto.
(b) (1) "Consideration" means:
(A) Any payment made or debt incurred;
(B) any gift, honorarium or recognition of value bestowed;
(C) any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed;
(D) any loan or debt which is canceled or otherwise forgiven; or
(E) the transfer of any item from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge.
(2) "Consideration" shall not mean:
(A) A payment in an amount not to exceed $25 for the cost of transporting, processing, preserving and storing fetal tissue; or
(B) a payment in an amount not to exceed the actual cost, as documented by the delivery service, of transporting fetal tissue.
(c) "Delivery service" means a common carrier as defined by K.S.A. 66-105, and amendments thereto, or other person or entity used to transport fetal tissue.
(d) "Fetal tissue" means any tissue, cells or organs obtained from a dead human embryo or fetus after an abortion or after a stillbirth.
(e) "Person" means a person as defined by K.S.A. 65-425, and amendments thereto.
(f) "Stillbirth" means a stillbirth as defined by K.S.A. 65-2401, and amendments thereto.
History: L. 2000, ch. 148, § 1; May 25.
§ 65-67a02 Same; construction of act
Except as specifically provided by this act, nothing in this act shall be construed as either permitting or prohibiting the use of fetal tissue for any type of scientific, research, laboratory or other kind of experimentation either prior to or subsequent to any abortion or stillbirth.
History: L. 2000, ch. 148, § 2; May 25.
§ 65-67a03 Same; when act not applicable
This act shall not apply to:
(a) The transfer of fetal tissue to a pathologist for testing or examination; or
(b) the transfer of fetal tissue for the purpose of immediate burial, cremation or final disposition.
History: L. 2000, ch. 148, § 3; May 25.
§ 65-67a04 Same; prohibitions; penalty
(a) No person shall solicit, offer, knowingly acquire or accept or transfer any fetal tissue for consideration.
(b) No person shall solicit, offer or knowingly acquire or accept or transfer any fetal tissue for the purpose of transplantation of such tissue into another person if:
(1) The fetal tissue will be or is obtained pursuant to an abortion; and
(2) (A) the donation of such fetal tissue will be or is made pursuant to a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such donating individual;
(B) such fetal tissue will be transplanted into a relative of the donating individual; or
(C) the person who solicits or knowingly acquires or accepts the donation of such fetal tissue has provided consideration for the costs associated with such abortion.
(c) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History: L. 2000, ch. 148, § 4; May 25.
§ 65-67a05 Same; transfers of tissue; reports
(a) Every person who transfers fetal tissue to another person shall submit annually a written report to the secretary of the department of health and environment which contains the following:
(1) The date of transfer;
(2) a description of the fetal tissue;
(3) the name and address of the transferor and the transferee;
(4) the amount of consideration received by the transferor for making the transfer;
(5) the mode of transfer or shipment; and
(6) the name of the delivery service.
(b) The identity of the woman donating the fetal tissue shall be confidential and shall not be included in any report required by this section.
(c) No person shall ship fetal tissue without disclosing to the delivery service that human tissue is contained in such shipment.
(d) Except as provided herein, information obtained by the secretary of health and environment under this section shall be confidential and shall not be disclosed in a manner that would reveal the identity of any person who submits a report to the secretary under this section. Such information, including information identifying any person submitting a report hereunder, may be disclosed to the attorney general upon a showing that a reasonable cause exists to believe that a violation of this act has occurred. Any information disclosed to the attorney general pursuant to this subsection shall be used solely for the purposes of a criminal prosecution.
(e) For the purpose of maintaining confidentiality, reports required by this section shall identify the name and address of the person submitting such report only by confidential code number assigned by the secretary of health and environment to such person and the department of health and environment shall maintain such reports only by such number.
(f) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a class A nonperson misdemeanor.
History: L. 2000, ch. 148, § 5; May 25.
§ 65-67a06 Same; prohibitions; penalty
(a) No person shall offer any monetary or other inducement to any other person for the purpose of procuring an abortion for the medical, scientific, experimental or therapeutic use of fetal organs or tissue.
(b) No person shall offer or accept any valuable consideration for the fetal organs or tissue resulting from an abortion. Nothing in this subsection shall prohibit payment for burial or other final disposition of the fetal remains or payment for a pathological examination, autopsy or postmortem examination of the fetal remains.
(c) Any person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History: L. 2000, ch. 148, § 6; May 25.
§ 65-67a07 Same; consent of donor
(a) No person shall use fetal organs or tissue for medical, scientific, experimental or therapeutic use without the voluntary and informed consent of the woman donating such tissue. Such consent shall not be discussed or obtained prior to obtaining the consent required under K.S.A. 65-6709, and amendments thereto.
(b) A person who intentionally, knowingly or recklessly violates this section shall be guilty of a severity level 2, nonperson felony.
History: L. 2000, ch. 148, § 7; May 25.
§ 65-67a08 Same; severability
If any provision of this section [act] is held to be invalid or unconstitutional, it shall be presumed conclusively that the legislature would have enacted the remainder of this section [act] without such invalid or unconstitutional provision.
History: L. 2000, ch. 148, § 8; May 25.
§ 65-67a09 Child rape protection act; submission of fetal tissue from certain abortions; physicians' duties; rules and regulations; noncompliance, penalties
(a) This section shall be known and may be cited as the child rape protection act.
(b) As used in this section:
(1) "Abortion" has the meaning provided in K.S.A. 65-6701, and amendments thereto.
(2) "Physician" means any person licensed to practice medicine and surgery.
(c) Any physician who performs an abortion on a minor who was less than 14 years of age at the time of the abortion procedure shall preserve, in accordance with rules and regulations adopted by the attorney general pursuant to this section, fetal tissue extracted during such abortion. The physician shall submit such tissue to the Kansas bureau of investigation or to a laboratory designated by the director of the Kansas bureau of investigation.
(d) The attorney general shall adopt rules and regulations prescribing:
(1) The amount and type of fetal tissue to be preserved and submitted by a physician pursuant to this section;
(2) procedures for the proper preservation of such tissue for the purpose of DNA testing and examination;
(3) procedures for documenting the chain of custody of such tissue for use as evidence;
(4) procedures for proper disposal of fetal tissue preserved pursuant to this section;
(5) a uniform reporting instrument mandated to be utilized by physicians when submitting fetal tissue under this section which shall include the name of the physician submitting the fetal tissue and the name, complete address of residence and name of the parent or legal guardian of the minor upon whom the abortion was performed; and
(6) procedures for communication with law enforcement agencies regarding evidence and information obtained pursuant to this section.
(e) Failure of a physician to comply with any provision of this section or any rule or regulation adopted hereunder:
(1) Shall constitute unprofessional conduct for the purposes of K.S.A. 65-2837, and amendments thereto; and
(2) is a class A, nonperson misdemeanor upon a first conviction and a severity level 10, nonperson felony upon a second or subsequent conviction.
History: L. 2005, ch. 149, § 3; July 1.
§ 65-67a10 Disposition of fetal remains
Every maternity center and medical care facility licensed by the department of health and environment to operate in the state shall adopt written policies and inform parents regarding their options for disposition or taking of fetal remains in an event of a fetal death.
History: L. 2008, ch. 98, § 3; July 1.
Article 68 Health Care Data
§ 65-6801 Health care database; legislative intent; use of information
(a) The legislature recognizes the urgent need to provide health care consumers, third-party payors, providers and health care planners with information regarding the trends in use and cost of health care services in this state for improved decision-making. This is to be accomplished by compiling a uniform set of data and establishing mechanisms through which the data will be disseminated.
(b) It is the intent of the legislature to require that the information necessary for a review and comparison of utilization patterns, cost, quality and quantity of health care services be supplied to the health care database by all providers of health care services and third-party payors to the extent required by this section and K.S.A. 65-6805, and amendments thereto. The department of health and environment shall specify by rule and regulation the types of information which shall be submitted and the method of submission.
(c) The information is to be compiled and made available in a form prescribed by the department of health and environment to improve the decision-making processes regarding access, identified needs, patterns of medical care, price and use of health care services.
History: L. 1993, ch. 174, § 1; L. 1994, ch. 90, § 2; L. 2000, ch. 131, § 2; L. 2005, ch. 187, § 30; L. 2012, ch. 102, § 25; July 1.
§ 65-6802 Same; request for and use of data by department of health services administration of university of Kansas
(a) The department of health services administration of the university of Kansas and any institute or center established in association with the department is hereby authorized to request data for the purposes of conducting research, policy analysis and preparation of reports describing the performance of the health care delivery system from public, private and quasi-public entities.
(b) The department of health services administration of the university of Kansas may request data for purposes of conducting research, policy analysis and preparation of reports describing the performance of the health care delivery system from any quasi-public or private entity which has such data as deemed necessary by the department.
History: L. 1993, ch. 174, § 2; July 1.
§ 65-6803 Same; appointment of task forces; health care data policies and procedures
(a) The secretary of health and environment may appoint a task force or task forces of interested citizens and providers of health care for the purpose of studying technical issues relating to the collection of health care data. The secretary of health and environment or the secretary's designee shall be a member of any task force appointed under this subsection.
(b) The department of health and environment shall develop policy regarding the collection of health care data and procedures for ensuring the confidentiality and security of these data.
History: L. 1993, ch. 174, § 3; L. 1997, ch. 75, § 1; L. 2000, ch. 131, § 1; L. 2004, ch. 169, § 1; L. 2005, ch. 187, § 31; L. 2012, ch. 102, § 26; July 1.
§ 65-6804 Health care database; duties of the secretary of health and environment; health data collection contracts; acceptance of data; system of fees; rules and regulations; data confidential; penalties for violations
(a) The secretary of health and environment shall administer the health care database. In administering the health care database, the secretary shall receive health care data from those entities identified in K.S.A. 65-6805, and amendments thereto, and provide for the dissemination of such data.
(b) The secretary of health and environment may contract with an organization experienced in health care data collection to collect the data from the health care facilities as described in subsection (h) of K.S.A. 65-425, and amendments thereto, build and maintain the database. The secretary of health and environment may accept data submitted by associations or related organizations on behalf of health care providers by entering into binding agreements negotiated with such associations or related organizations to obtain data required pursuant to this section.
(c) The secretary of health and environment shall adopt rules and regulations governing the acquisition, compilation and dissemination of all data collected pursuant to this act. The rules and regulations shall provide at a minimum that:
(1) Measures have been taken to provide system security for all data and information acquired under this act;
(2) data will be collected in the most efficient and cost-effective manner for both the department and providers of data;
(3) procedures will be developed to assure the confidentiality of patient records;
(4) users may be charged for data preparation or information that is beyond the routine data disseminated and that the secretary of health and environment shall establish by the adoption of such rules and regulations a system of fees for such data preparation or dissemination; and
(5) the secretary of health and environment will ensure that the health care database will be kept current, accurate and accessible as prescribed by rules and regulations.
(d) Data and other information collected pursuant to this act shall not be disclosed by the department of health and environment or made public in any manner which would identify individuals. A violation of this subsection (d) is a class C misdemeanor.
(e) In addition to such criminal penalty under subsection (d), any individual whose identity is revealed in violation of subsection (d) may bring a civil action against the responsible person or persons for any damages to such individual caused by such violation.
History: L. 1993, ch. 174, § 4; L. 1994, ch. 90, § 3; L. 1995, ch. 260, § 9; L. 2000, ch. 131, § 3; L. 2005, ch. 187, § 32; L. 2012, ch. 102, § 27; July 1.
§ 65-6805 Same; medical, health care and other entities to file health care data; exception
Each medical care facility as defined by K.S.A. 65-425, and amendments thereto; health care provider as defined in K.S.A. 40-3401, and amendments thereto; providers of health care as defined in K.S.A. 65-5001, and amendments thereto; health care personnel as defined in K.S.A. 65-5001, and amendments thereto; home health agency as defined by K.S.A. 65-5101, and amendments thereto; psychiatric hospitals licensed under K.S.A. 39-2001 et seq., and amendments thereto; state institutions for people with intellectual disability; community facilities for people with intellectual disability as defined under K.S.A. 65-4412, and amendments thereto; community mental health center as defined under K.S.A. 65-4432, and amendments thereto; adult care homes as defined by K.S.A. 39-923, and amendments thereto; laboratories described in K.S.A. 65-1,107, and amendments thereto; pharmacies; board of nursing; Kansas dental board; board of examiners in optometry; state board of pharmacy; state board of healing arts and third-party payors, including, but not limited to, licensed insurers, medical and hospital service corporations, health maintenance organizations, fiscal intermediaries for government-funded programs and self-funded employee health plans, shall file health care data with the department of health and environment as prescribed by the secretary of health and environment. The provisions of this section shall not apply to any individual, facility or other entity under this section that uses spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination for the treatment or cure of disease.
History: L. 1993, ch. 174, § 5; L. 1994, ch. 90, § 4; L. 2005, ch. 187, § 33; L. 2012, ch. 91, § 54; L. 2012, ch. 166, § 13; L. 2017, ch. 17, § 10; L. 2018, ch. 71, § 26; July 1.
§ 65-6806 Same; availability of data
The department of health and environment shall make the data available to interested parties on the basis prescribed by the department and as directed by rules and regulations.
History: L. 1993, ch. 174, § 6; L. 2005, ch. 187, § 34; L. 2012, ch. 102, § 29; July 1.
§ 65-6807 Same; annual report to governor and legislature
The department of health and environment shall on or before February 1 each year make a report to the governor and the legislature as to health care data activity, including examples of policy analyses conducted and purposes for which the data was disseminated and utilized, and as to the progress made in compiling and making available the information specified under K.S.A. 65-6801, and amendments thereto.
History: L. 1993, ch. 174, § 7; L. 1995, ch. 137, § 1; L. 2005, ch. 187, § 35; L. 2012, ch. 102, § 30; July 1.
§ 65-6808 Repealed
History: L. 1993, ch. 174, § 8; L. 1994, ch. 90, § 5; L. 1997, ch. 75, § 2; Repealed, L. 2005, ch. 187, § 60; January 1, 2006.
§ 65-6809 Health care database fee fund; fees credited; authorized uses; interest earnings credited; administration
(a) There is hereby established in the state treasury the health care database fee fund. The secretary of health and environment shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys collected or received by the secretary from the following sources:
(1) Fees collected under K.S.A. 65-6804, and amendments thereto;
(2) moneys received by the secretary in the form of gifts, donations or grants;
(3) interest attributable to investment of moneys in the fund; and
(4) any other moneys provided by law.
Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the health care database fee fund.
(b) Moneys deposited in the health care database fee fund shall be expended to supplement maintenance costs of the database, provide technical assistance and training in the proper use of health care data and provide funding for dissemination of information from the database to the public.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the health care database fee fund interest earnings based on:
(1) The average daily balance of moneys in the health care database fee fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(d) All expenditures from the health care database fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or the secretary's designee for the purposes set forth in this section.
History: L. 1994, ch. 90, § 1; L. 1996, ch. 253, § 21; L. 2001, ch. 5, § 270; L. 2005, ch. 187, § 36; L. 2012, ch. 102, § 31; July 1.
§§ 65-6810 through 65-6820 Reserved
§ 65-6821 Kansas health information technology act
K.S.A. 65-6821 through 65-6834 and 65-6835, and amendments thereto, shall be known and may be cited as the Kansas health information technology act.
History: L. 2011, ch. 114, § 21; L. 2013, ch. 112, § 8; July 1.
§ 65-6822 Same; definitions
As used in the Kansas health information technology act:
(a) "Act" means the Kansas health information technology act.
(b) "Approved health information organization" means a health information organization operating in the state under a valid certificate of authority issued by the department.
(c) "Authorization" means a document that permits a covered entity to use or disclose protected health information for purposes other than to carry out treatment, payment or health care operations, and that complies with the requirements of 45 C.F.R. § 164.508.
(d) "Covered entity" [means] a covered entity as the term is defined in 45 C.F.R. § 160.103.
(e) "Department" means the Kansas department of health and environment.
(f) "Disclosure" means disclosure as that term is defined by the HIPAA privacy rule.
(g) "Health care" means health care as that term is defined by the HIPAA privacy rule.
(h) "Health care provider" means a health care provider, as that term is defined by the HIPAA privacy rule.
(i) "Health information" means health information as that term is defined by the HIPAA privacy rule.
(j) "Health information organization" means any entity operating in the state which:
(1) Maintains technical infrastructure for the electronic movement of health information among covered entities; and
(2) promulgates and enforces policies governing participation in such sharing of health information.
(k) "Health information technology" means an information processing application using computer hardware and software for the storage, retrieval, use and disclosure of health information for communication, decision-making, quality, safety and efficiency of health care. "Health information technology" includes, but is not limited to: (1) An electronic health record; (2) a personal health record; (3) the sharing of health information electronically; (4) electronic order entry; and (5) electronic decision support.
(l) "HIPAA privacy rule" means the privacy rule of the administrative simplification subtitle of the health insurance portability and accountability act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. part 160 and 45 C.F.R. part 164, subparts A and E.
(m) "Individual" means individual as that term is defined by the HIPAA privacy rule.
(n) "Individually identifiable health information" means individually identifiable health information as that term is defined by the HIPAA privacy rule.
(o) "Participation agreement" means a written agreement between a covered entity and an approved health information organization concerning the covered entity's participation in the approved health information organization on terms consistent with K.S.A. 65-6832, and amendments thereto.
(p) "Personal representative" means the person who has the legal authority to act on behalf of an individual.
(q) "Protected health information" means protected health information as that term is defined by the HIPAA privacy rule.
(r) "Secretary" means the secretary of health and environment.
(s) "State" means the state of Kansas.
(t) "Use" means, with respect to individually identifiable health information, use as the term is defined by the HIPAA privacy rule.
History: L. 2011, ch. 114, § 22; L. 2013, ch. 112, § 9; July 1.
§ 65-6823 Same; purpose
It is the purpose of this act to harmonize state law with the HIPAA privacy rule with respect to individual access to protected health information, proper safeguarding of protected health information, and the use and disclosure of protected health information for purposes of facilitating the development and use of health information technology and the sharing of health information electronically.
History: L. 2011, ch. 114, § 23; L. 2013, ch. 112, § 10; July 1.
§ 65-6824 Same; duties of covered entity
(a) A covered entity shall provide an individual or such individual's personal representative with access to the individual's protected health information maintained, collected, used or disseminated by or for the covered entity in compliance with 45 C.F.R. § 164.524, except that a covered entity which is defined as a health care provider under K.S.A. 65-6836, and amendments thereto, shall furnish copies of health care records to a patient, a patient's authorized representative or any other person or entity authorized by law to obtain or reproduce such records in accordance with the provisions of K.S.A. 65-6836, and amendments thereto.
(b) A covered entity shall implement and maintain appropriate administrative, technical and physical safeguards to protect the privacy of protected health information in a manner consistent with 45 C.F.R. § 164.530(c).
History: L. 2011, ch. 114, § 24; L. 2013, ch. 112, § 11; L. 2015, ch. 46, § 18; July 1.
§ 65-6825 Same; use and disclosure of protected health information
(a) No covered entity shall use or disclose protected health information except as follows:
(1) In a manner consistent with an authorization that satisfies the requirements of 45 C.F.R. § 164.508;
(2) in a manner as permitted under 45 C.F.R. §§ 164.502, 164.506, 164.508, 164.510 and 164.512; or
(3) in a manner as required under 45 C.F.R. § 164.502.
(b) A covered entity may disclose an individual's protected health information to a health information organization without an authorization if such covered entity:
(1) Is a party to a current participation agreement with an approved health information organization at the time the disclosure is made;
(2) discloses the individual's protected health information to that approved health information organization in a manner consistent with the established procedures of the approved health information organization; and
(3) furnishes to the individual, or such individual's personal representative, whose information is to be disclosed to the approved health information organization, the notice required under K.S.A. 65-6832, and amendments thereto.
(c) A covered entity that uses or discloses protected health information in compliance with this section shall be immune from any civil or criminal liability or any adverse administrative action arising out of or relating to such use or disclosure.
History: L. 2011, ch. 114, § 25; L. 2013, ch. 112, § 12; July 1.
§ 65-6826 Repealed
History: L. 2011, ch. 114, § 26; Repealed, L. 2013, ch. 112, § 25; July 1.
§ 65-6827 Repealed
History: L. 2011, ch. 114, § 27; Repealed, L. 2013, ch. 112, § 25; July 1.
§ 65-6828 Same; controlling law on confidentiality of protected health information
To the extent any provision of state law regarding the confidentiality, privacy, security or privileged status of any protected health information conflicts with, is contrary to, or more stringent than the provisions of this act, the provisions of this act shall control, except that: (a) Nothing in this act shall limit or restrict the effect and application of the peer review statute, K.S.A. 65-4915, and amendments thereto; the risk management statute, K.S.A. 65-4921 through 65-4930, and amendments thereto; or any statutory health care provider-patient evidentiary privilege applicable to a judicial or administrative proceeding; and
(b) nothing in this act shall limit or restrict the ability of any state agency to require the disclosure of protected health information by any person or entity pursuant to law.
History: L. 2011, ch. 114, § 28; L. 2012, ch. 117, § 1; L. 2013, ch. 112, § 13; July 1.
§ 65-6829 Same; disclosure of protected health information, when required or permitted
A covered entity may disclose protected health information without authorization to any state agency for any public health purpose that is required by law. Nothing in this act shall be construed to limit the use, transfer or disclosure of protected health information as required or permitted by any other provision of law for public health purposes.
History: L. 2011, ch. 114, § 29; L. 2013, ch. 112, § 14; July 1.
§ 65-6830 Same; health information organizations; standards for approval and operation
(a) The department shall establish and revise, as appropriate, standards for the approval and operation of statewide and regional health information organizations operating in the state as approved health information organizations including, but not limited to, the following:
(1) Adherence to nationally recognized standards for interoperability, that is, the capacity of two or more information systems to share information or data in an accurate, effective, secure and consistent manner;
(2) adoption and adherence to rules promulgated by the department regarding access to and use and disclosure of protected health information maintained by or on an approved health information organization;
(3) demonstration of adequate financial resources to sustain continued operations in compliance with the standards;
(4) participation in outreach activities for individuals and covered entities;
(5) conduct of operations in a transparent manner to promote consumer confidence;
(6) implementation of security breach notification procedures; and
(7) development of procedures for entering into and enforcing the terms of participation agreements with covered entities which satisfy the requirements established by the department pursuant to K.S.A. 65-6832, and amendments thereto.
(b) The department shall ensure that approved health information organizations operate within the state in a manner consistent with the protection of the security and privacy of health information of the citizens of Kansas.
(c) No expenditure shall be made from the state general fund for the purposes of administration, operation or oversight of the health information organizations defined in K.S.A. 65-6821, and amendments thereto, except that the secretary of health and environment may make operational expenditures for the purpose of adopting and administering the rules and regulations necessary to implement the Kansas health information technology act.
History: L. 2011, ch. 114, § 30; L. 2013, ch. 112, § 15; July 1.
§ 65-6831 Same; process established for approval and investigation of HIOs
The department shall establish and implement:
(a) A process by which a health information organization may apply for and receive a certificate of authority issued by the department by demonstrating compliance with the standards promulgated by the department pursuant to K.S.A. 65-6830, and amendments thereto;
(b) a process by which an approved health information organization shall be re-approved on appropriate intervals by demonstrating continued compliance with the standards promulgated by the department pursuant to K.S.A. 65-6830, and amendments thereto; and
(c) a process for the investigation of reported concerns and complaints regarding an approved health information organization and imposition of appropriate remedial and proactive measures to address any identified deficiencies.
History: L. 2011, ch. 114, § 31; L. 2013, ch. 112, § 16; July 1.
§ 65-6832 Same; participation agreements; specification of procedures and requirements
The department shall establish requirements to be used by approved health information organizations in participation agreements with covered entities and shall include the following:
(a) Specification of procedures by which an individual's protected health information will be disclosed by covered entities, will be collected by approved health information organizations and will be shared with other participating covered entities and with the department as required by law for public health purposes;
(b) specification of procedures by which an individual may elect that protected health information be restricted from disclosure by approved health information organizations to covered entities;
(c) specifications of purposes for, and procedures by which a covered entity can access an individual's protected health information from the approved health information organization, including access to restricted information by a covered entity in an emergency situation when necessary to properly treat the individual;
(d) specification of the written notice to be provided by the covered entity to any individual, or such individual's personal representative that explains how and what protected health information will be shared with the approved health information organization. Such written notice, which may be incorporated into the covered entity's notice of privacy practices required under the HIPAA privacy rule, shall include the following that:
(1) The individual's protected health information will be disclosed to the approved health information organization to facilitate the provision of health care to the individual;
(2) the approved health information organization maintains appropriate safeguards to protect the privacy and security of protected health information;
(3) only authorized individuals may access protected health information from the approved health information organization;
(4) the individual, or such individual's personal representative, has the right to request in writing that the individual's protected health information not be disclosed by the health information organization;
(5) the health information organization is required to honor a written request not to disclose an individual's protected health information, except that disclosure is permitted (A) in an emergency situation when necessary to properly treat the individual, or (B) when necessary to satisfy a covered entity's legal obligation to report certain information to a government official; and
(6) the inability to access restricted information by a covered entity may result in a health care provider not having access to information necessary to provide appropriate care for the individual;
(e) specification of documentation requirements to demonstrate delivery of such notice to an individual, or such individual's personal representative, by or on behalf of the covered entity.
History: L. 2011, ch. 114, § 32; L. 2013, ch. 112, § 17; July 1.
§ 65-6833 Same; health information organizations; eligibility for financial support from the state
Any health information organization which is not an approved health information organization shall not be eligible for any financial support from the state, or assistance or support from the state in securing any other source of funding.
History: L. 2011, ch. 114, § 33; L. 2013, ch. 112, § 18; July 1.
§ 65-6834 Same; use and disclosure of protected health information; immunity from liability
(a) No use or disclosure of protected health information maintained by or on an approved health information organization shall be made except pursuant to rules and regulations adopted by the department consistent with this act. An approved health information organization that uses or discloses protected health information in compliance with such rules shall be immune from any civil or criminal liability or any adverse administrative action arising out of or relating to such use or disclosure.
(b) Protected health information in the possession of an approved health information organization shall not be subject to discovery, subpoena or other means of legal compulsion for the release of such protected health information to any person or entity. An approved health information organization shall not be compelled by a request for production, subpoena, court order or otherwise, to disclose protected health information relating to an individual.
History: L. 2011, ch. 114, § 34; L. 2013, ch. 112, § 19; July 1.
§ 65-6835 Same; advisory council on health information technology established; membership; compensation
(a) There is hereby established an advisory council on health information technology. The advisory council on health information technology shall be advisory to the secretary of health and environment and shall be within the division of health of the department of health and environment.
(b) The advisory council on health information technology shall be composed of 23 voting members, as follows:
(1) The secretary of the Kansas department of health and environment, or such secretary's designee;
(2) the governor of the state of Kansas, or such governor's designee;
(3) four legislators selected as follows: The chairperson and ranking minority member or their designees of the committee on health and human services of the house of representatives, and the chairperson and ranking minority member or their designees from the committee on public health and welfare of the senate;
(4) two members appointed by the secretary who represent consumers;
(5) one member appointed by the secretary who represents employers;
(6) one member appointed by the secretary who represents payers;
(7) one member appointed by the secretary who represents local health departments from a list of three names submitted by the Kansas association of local health departments;
(8) three members appointed by the secretary who represent hospitals, from a list of three names for each position submitted by the Kansas hospital association. One of the hospital representatives appointed herein shall be involved in the administration of a critical access hospital;
(9) three members appointed by the secretary from a list of three names for each position by the Kansas medical society. At least two of the members appointed herein shall be practicing physicians, and one of the physicians shall be a physician in a primary care specialty;
(10) two members appointed by the secretary who represent pharmacists, from a list of three names submitted by the Kansas pharmacists association. At least one of the members appointed herein shall be a practicing pharmacist;
(11) one member appointed by the secretary who represents the university of Kansas center for health information from a list of three names submitted by the university of Kansas center for health information;
(12) one member appointed by the secretary who represents the Kansas foundation for medical care from a list of three names submitted by the Kansas foundation for medical care;
(13) one member appointed by the secretary who represents the Kansas optometric association from a list of three names submitted by the Kansas optometric association; and
(14) one member appointed by the secretary who represents the association of community mental health centers of Kansas from a list of three names submitted by the association of community mental health centers of Kansas.
(c) At the first meeting of the council, following the effective date of this act, terms of its members, except the secretary and governor or their designees, shall be determined by lot with five members serving for one year, five members serving for two years, five members serving for three years, and six members serving for four years. Following their initial term, members of the council shall be eligible for re-appointment and, if re-appointed, shall serve for terms of four years. Members shall only be eligible to serve two consecutive four-year terms. Whenever a vacancy occurs regarding a member of the council due to the resignation, death, removal or expiration of a term, a new member shall be appointed prior to the next meeting, according to the process and to the specific position on the council as provided in subsection (b). In the event of a vacancy during an unexpired term due to resignation, death or removal of a council member, the appointment shall be for the remainder of the unexpired portion of the term. Each member of the council shall hold office for the term of appointment and until a successor has been appointed. Any member of the council may be removed by the secretary for malfeasance or misfeasance in office, regularly failing to attend meetings, or for any cause which renders the member incapable of the discharge of the duties of a member.
(d) The council shall meet at least four times per year and at such times as the council deems appropriate or as called by the secretary.
(e) Members of the council are entitled to compensation and expenses as provided in K.S.A. 75-3223, and amendments thereto. Members of the council attending council meetings or subcommittee meetings authorized by the council shall be paid mileage and all other applicable expenses, provided such expenses are consistent with policies established from time-to-time by the council.
History: L. 2013, ch. 112, § 20; July 1.
§ 65-6836 Health care records; provision of copies; enforcement of act; costs; definitions
(a) As used in this section:
(1) "Health care provider" means any person licensed by the state board of healing arts.
(2) "Authorized representative" means the person designated in writing by the patient to obtain the health care records of the patient or the person otherwise authorized by law to obtain the health care records of the patient.
(3) "Authorization" means a written or printed document signed by a patient or a patient's authorized representative containing: (A) A description of the health care records a health care provider is authorized to produce; (B) the patient's name, address and date of birth; (C) a designation of the person or entity authorized to obtain copies of the health care records; (D) a date or event upon which the force of the authorization shall expire which shall not exceed one year; (E) if signed by a patient's authorized representative, the authorized representative's name, address, telephone number and relationship or capacity to the patient; and (F) a statement setting forth the right of the person signing the authorization to revoke it in writing.
(b) Subject to K.S.A. 65-6824, and amendments thereto, except as otherwise provided herein, copies of health care records shall be furnished to a patient, a patient's authorized representative or any other person or entity authorized by law to obtain or reproduce such records, within 30 days of the receipt of the authorization, or the health care provider shall notify the patient or the patient's authorized representative of the reasons why copies are not available. A health care provider may withhold copies of health care records if the health care provider reasonably believes that providing copies of the requested records will cause substantial harm to the patient or another person. Health care providers may condition the furnishing of the patient's health care records to the patient, the patient's authorized representative or any other person or entity authorized by law to obtain or reproduce such records, upon the payment of charges not to exceed those established and updated not less than every two years by rules and regulations adopted by the state board of healing arts. In establishing such charges, the board shall consider changes in the all-items consumer price index published by the United States department of labor. Providers may charge for the reasonable cost of all duplications of health care record information which cannot be routinely duplicated on a standard photocopy machine.
(c) Any health care provider, patient, authorized representative or any other entity authorized by law to obtain or reproduce such records may bring a claim or action to enforce the provisions of this section. The petition shall include an averment that the party bringing the action has in good faith conferred or attempted to confer with the other party concerning the matter in dispute without court action. Upon a showing that the failure to comply with this section was without just cause or excuse, the court shall award the costs of the action and order the records produced without cost or expense to the prevailing party.
(d) Nothing in this section shall be construed to prohibit the state board of healing arts from adopting and enforcing rules and regulations not inconsistent with this section that require licensees of the board to furnish health care records to patients or to their authorized representative. To the extent that the board determines that an administrative disciplinary remedy is appropriate for violation of such rules and regulations, that remedy is separate from and in addition to the provisions of this section.
History: L. 2015, ch. 46, § 20; July 1.
Article 69 Athletic Trainers
§ 65-6901 Citation of act
K.S.A. 65-6901 through 65-6914 shall be known and may be cited as the athletic trainers licensure act.
History: L. 1995, ch. 146, § 1; L. 2004, ch. 24, § 1; July 1.
§ 65-6902 Definitions
As used in this act:
(a) "Board" means the state board of healing arts.
(b) "Athletic training" means the practice of injury prevention, physical evaluation, emergency care and referral or physical reconditioning relating to athletic activity, including, but not limited to, sports participation, exercise, fitness training, strength and conditioning work, recreational physical activities and competitive athletics. "Athletic training" encompasses wellness promotion, risk management, immediate or emergency care, examination, assessment and therapeutic intervention or rehabilitation of athletic injury and illness. Athletic training also means making clinical decisions to determine if consultation or referrals are necessary, healthcare administration, professional responsibility, performance of athletic training research and educating and consulting with the public regarding safe participation in athletic activities and proper training methods.
(c) "Athletic trainer" means a person licensed under this act.
History: L. 1995, ch. 146, § 2; L. 2004, ch. 24, § 2; L. 2025, ch. 6, § 1; July 1.
§ 65-6903 Unlawful representations; penalty for violation
(a) It shall be unlawful for any person who is not licensed under this act as an athletic trainer or whose license has been suspended or revoked to use, in connection with such person's name or place of business, the words: "Athletic trainer" or "athletic trainer licensed" or "licensed athletic trainer" or "certified athletic trainer" or the letters "A.T." or "A.T.L.," "L.A.T." or "ATC," or any other words, letters, abbreviations or insignia indicating or implying that such person is an athletic trainer or who in any way, orally, in writing, in print or by sign, directly or by implication represents oneself as an athletic trainer.
(b) Any violation of this section shall constitute a class B nonperson misdemeanor.
History: L. 1995, ch. 146, § 3; L. 2004, ch. 24, § 3; L. 2008, ch. 32, § 1; July 1.
§ 65-6904 Unlicensed practice of healing arts not authorized
Nothing in this act shall be construed to authorize the unlicensed practice of the healing arts by any person licensed under this act.
History: L. 1995, ch. 146, § 4; L. 2004, ch. 24, § 4; July 1.
§ 65-6905 State board of healing arts to administer act; rules and regulations, registry
(a) The board, in the manner hereinafter provided, shall administer the provisions of this act.
(b) The board may adopt rules and regulations consistent with the provisions of this act for the administration and enforcement for this act and may prescribe forms which shall be issued in the administration of this act. The rules and regulations shall include standards for approval of an educational course of study and clinical experience, continuing education criteria, practice protocols, criteria for licensure procedures for the examination of applicants, and for professional conduct and discipline.
(c) The board shall maintain a registry of names and addresses of all individuals who are currently licensed under the athletic trainers licensure act.
History: L. 1995, ch. 146, § 5; L. 2004, ch. 24, § 5; L. 2008, ch. 32, § 2; July 1.
§ 65-6906 Licensure as an athletic trainer; application; qualifications; reciprocity; practice protocol required to be filed with board; temporary permit; exemption from licensure for athletic trainers from another state or jurisdiction
(a) Applications for licensure as an athletic trainer shall be made to the board. Each application shall be accompanied by the required fee, which shall not be refundable. Each application shall contain such information necessary to enable the board to judge the qualifications of the applicant for licensure.
(b) The applicant is entitled to licensure as an athletic trainer if the applicant possesses the qualifications set forth under K.S.A. 65-6907, and amendments thereto, pays the licensure fee established by the board and has not committed an act that constitutes ground for denial of licensure.
(c) The board may issue a license as an athletic trainer without examination to an applicant:
(1) Who presents evidence satisfactory to the board of being licensed, registered or certified in another state, District of Columbia, territory or foreign country and of having passed an examination in athletic training before a similarly lawfully authorized examining board in athletic training of another state, District of Columbia, territory or foreign country if the standards for the examination and for licensure, registration or certification in athletic training in such other state, District of Columbia, territory or foreign country are determined by the board to be at least equivalent to those of this state; or
(2) who presents evidence satisfactory to the board of having been engaged in the practice of athletic training in another state, District of Columbia, territory or foreign country and passed an examination in athletic training by the national athletic trainers' association board of certification, inc. or other recognized national voluntary credentialing body, which examination the board finds is at least equivalent to the examination approved by the board under K.S.A. 65-6907, and amendments thereto, and who is certified by the national athletic trainers' association board of certification, inc. or other recognized national voluntary credentialing body, which certification the board finds was issued based on standards at least equivalent to the standards for licensure as an athletic trainer in this state; and
(3) who, at the time of making such application has not been subject to discipline or does not have a disciplinary action pending resulting from the practice of athletic training in another state, District of Columbia, territory or foreign country; and
(4) who, at the time of making such application, pays to the board a fee as prescribed, no part of which shall be returned.
(d) As a condition of performing the functions and duties of an athletic trainer in this state, each licensed athletic trainer shall file a practice protocol with the board. The practice protocol shall be signed by each person licensed by the board to practice the healing arts who will delegate to the athletic trainer acts which constitute athletic training and shall contain such information as required by rules and regulations adopted by the board.
(e) The board may issue a temporary permit to an applicant for licensure as an athletic trainer who meets the requirements for licensure as an athletic trainer as required by K.S.A. 65-6907, and amendments thereto, or who meets all the requirements for licensure except examination and who pays to the board the temporary permit fee as required under K.S.A. 65-6910, and amendments thereto. Such temporary permit shall expire six months from the date of issue or on the date that the board approves or denies the application for licensure, whichever occurs first. No more than one such temporary permit shall be granted to any one person.
(f) An individual who accompanies an athletic team or organization from another state or jurisdiction and provides the services of an athletic trainer in Kansas is exempt from the licensure requirements of the Kansas athletic trainers licensure act, provided that the person is:
(1) Licensed and able to practice as an athletic trainer in another state, District of Columbia, territory or foreign country; and
(2) limited to providing the services of an athletic trainer to members of the athletic team or organization that traveled to Kansas.
History: L. 1995, ch. 146, § 6; L. 2004, ch. 24, § 6; L. 2008, ch. 32, § 3; L. 2025, ch. 6, § 2; July 1.
§ 65-6907 Qualifications for licensure
An applicant for licensure as an athletic trainer shall give proof that the applicant has:
(a) Graduated after successful completion of the curriculum requirements of an accredited athletic training education program at an accredited college or university approved by the board; and
(b) passed an examination in athletic training approved by the board.
History: L. 1995, ch. 146, § 7; L. 2004, ch. 24, § 7; L. 2008, ch. 32, § 4; L. 2025, ch. 6, § 3; July 1.
§ 65-6908 Contracts to obtain information about courses of study and clinical experience
The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about courses of study and clinical experience to be approved by the board under K.S.A. 65-6907 and amendments thereto.
History: L. 1995, ch. 146, § 8; July 1.
§ 65-6909 Licensure; expiration and renewal; notice; fees; reinstatement of canceled license; rules and regulations; inactive license
(a) An applicant who meets the requirements for licensure pursuant to this act, has paid the licensure fee and has otherwise complied with the provisions of this act shall be licensed by the board.
(b) Licenses issued pursuant to this act shall expire on the date established by rules and regulations of the board unless revoked prior to that time. A license shall be renewed in the manner prescribed by the board.
(c) At least 60 days before the expiration of the license of an athletic trainer, the board shall notify the licensee of the expiration by mail, addressed to the licensee's last mailing address, as noted upon the board's records. If the licensee fails to pay the renewal fee and submit an application at least 30 days prior to the date of expiration of the license, the licensee shall be given a second notice that the licensee's license will expire and the license may be renewed only if an additional renewal fee is received by the board within the 30-day period following the date of expiration and that if both fees are not received by the date of expiration the license shall be canceled for failure to renew and shall be reissued only after the athletic trainer has been reinstated under subsection (d).
(d) Any licensee who allows the licensee's license to be canceled by failing to renew as herein provided may be reinstated upon payment of the reinstatement fee, filing an updated practice protocol and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations for reinstatement of persons whose licenses have been canceled for failure to renew. Renewal of canceled licenses or reinstatement of licenses may include additional testing, training or education as the board deems necessary to establish the person's present ability to perform the functions or duties of an athletic trainer.
(e) There is hereby created the designation of an inactive license. The board is authorized to issue an inactive license to any licensee who makes written application for such license on a form provided by the board and remits the application fee established pursuant to K.S.A. 65-6910, and amendments thereto. The board may issue an inactive license only to a person who meets all the requirements for a license as an athletic trainer and who does not perform the functions and duties of an athletic trainer in this state. An inactive license shall not entitle the holder to engage in active practice as an athletic trainer in this state. The provisions of subsections (b), (c) and (d) of K.S.A. 65-6909, and amendments thereto, relating to expiration, renewal and reinstatement of a license shall be applicable to an inactive license issued under this subsection. Each inactive licensee may apply to engage in active practice by filing a practice protocol required by subsection (d) of K.S.A. 65-6906, and amendments thereto.
History: L. 1995, ch. 146, § 9; L. 2004, ch. 24, § 8; L. 2008, ch. 32, § 5; July 1.
§ 65-6910 Fees
(a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:
- Application and license fee based upon certificate of prior examination, not more than $80
- Annual renewal fee, not more than $70
- Additional renewal fee, not more than $75
- Reinstatement fee, not more than $80
- Certified copy of license, not more than $15
- Temporary permit $25
(b) The board shall charge and collect in advance fees for any examination administered by the board under the athletic trainers licensure act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination and its administration. If the examination is not administered by the board, the board may require that fees paid for any examination under the athletic trainers licensure act be paid directly to the examination service by the person taking the examination.
(c) The board shall remit all moneys received 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such 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 designated by the president of the board.
History: L. 1995, ch. 146, § 10; L. 1997, ch. 94, § 6; L. 2001, ch. 5, § 271; L. 2004, ch. 24, § 9; L. 2008, ch. 32, § 6; L. 2011, ch. 53, § 37; July 1.
§ 65-6911 Denial, suspension, limitation, refusal to renew, probation, reprimand or revocation of a license; grounds
(a) The board may deny, suspend, limit, refuse to renew, place on probation, reprimand or revoke any license granted under the athletic trainers licensure act or take other disciplinary action as the board may deem proper for any of the following reasons:
(1) Use of drugs or alcohol, or both, to an extent that impairs the individual's ability to engage in athletic training;
(2) the individual has been convicted of a felony and, after investigation, the board finds that the individual has not been sufficiently rehabilitated to merit the public trust;
(3) use of fraud, deception, misrepresentation or bribery in securing any license issued pursuant to the provisions of the athletic trainers licensure act or in obtaining permission to take any examination given or required pursuant to the provisions of the athletic trainers licensure act;
(4) obtaining or attempting to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation;
(5) incompetence, misconduct, fraud, misrepresentation or dishonesty in the performance of the functions or duties of an athletic trainer;
(6) violation of, or assisting or enabling any individual to violate, any provision of this act or any rule and regulation adopted under such act;
(7) impersonation of any individual holding a license under the athletic trainers licensure act;
(8) negligent or intentional violation of the provisions of this act or the rules and regulations adopted under this act;
(9) violation of any professional trust or confidence; and
(10) the individual has committed unprofessional conduct as defined by rules and regulations adopted by the board.
(b) Any action authorized by this section shall be taken in accordance with the Kansas administrative procedure act.
History: L. 1995, ch. 146, § 11; L. 2004, ch. 24, § 10; July 1.
§ 65-6912 Athletic trainers council established; appointment; terms; compensation
(a) There is hereby established an athletic trainers council to advise the board in carrying out the provisions of this act. The council shall consist of five members, all residents of the state of Kansas appointed as follows: One member shall be a licensee of the board, appointed by the board, who has entered into a practice protocol with an athletic trainer; one member shall be the president of the board or a board member designated by the president; and three members shall be athletic trainers appointed by the governor. The governor, insofar as possible, shall appoint persons from different geographical areas.
(b) 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, if any. The Kansas athletic trainers' society shall recommend the names of athletic trainers to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list.
(c) Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed and qualified except that of the members first appointed by the governor one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years, as designated by the governor. The member appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. A member designated by the president of the state board of healing arts shall serve at the pleasure of the president.
(d) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
History: L. 1995, ch. 146, § 12; July 1.
§ 65-6913 Injunction
When it appears to the board that any person is violating any of the provisions of 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. 1995, ch. 146, § 13; July 1.
§ 65-6914 Severability
If any section of this act, or any part thereof, is adjudged to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof.
History: L. 1995, ch. 146, § 14; July 1.
Article 70 Chemical Control
§ 65-7001 Citation of act
K.S.A. 65-7001 through 65-7015, and amendments thereto, shall be known and may be cited as the sheriff Matt Samuels chemical control act.
History: L. 1999, ch. 170, § 7; L. 2005, ch. 153, § 8; April 21.
§ 65-7002 Purpose of act
The purpose of the Kansas chemical control act is to prevent the illegal diversion of precursor chemicals by creating a system which will provide information regarding the distribution of regulated chemicals while protecting legitimate uses.
History: L. 1999, ch. 170, § 8; July 1.
§ 65-7003 Definitions
As used in K.S.A. 65-7001 through 65-7015, and amendments thereto:
(a) "Act" means the Kansas chemical control act;
(b) "administer" means the application of a regulated chemical whether by injection, inhalation, ingestion or any other means, directly into the body of a patient or research subject, such administration to be conducted by: (1) A practitioner, or in the practitioner's presence, by such practitioner's authorized agent; or
(2) the patient or research subject at the direction and in the presence of the practitioner;
(c) "agent or representative" means a person who is authorized to receive, possess, manufacture or distribute or in any other manner control or has access to a regulated chemical on behalf of another person;
(d) "bureau" means the Kansas bureau of investigation;
(e) "department" means the Kansas department of health and environment;
(f) "director" means the director of the Kansas bureau of investigation;
(g) "dispense" means to deliver a regulated chemical to an ultimate user, patient or research subject by, or pursuant to the lawful order of, a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the regulated chemical for that delivery;
(h) "distribute" means to deliver other than by administering or dispensing a regulated chemical;
(i) "manufacture" means to produce, prepare, propagate, compound, convert or process a regulated chemical directly or indirectly, by extraction from substances of natural origin, chemical synthesis or a combination of extraction and chemical synthesis, and includes packaging or repackaging of the substance or labeling or relabeling of its container. The term excludes the preparation, compounding, packaging, repackaging, labeling or relabeling of a regulated chemical:
(1) By a practitioner as an incident to the practitioner's administering or dispensing of a regulated chemical in the course of the practitioner's professional practice; or
(2) by a practitioner, or by the practitioner's authorized agent under the practitioner's supervision, for the purpose of, or as an incident to research, teaching or chemical analysis and not for sale;
(j) "person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity;
(k) "practitioner" means a person licensed to practice medicine and surgery, pharmacist, dentist, podiatrist, veterinarian, optometrist, or scientific investigator or other person authorized by law to use a controlled substance in teaching or chemical analysis or to conduct research with respect to a controlled substance;
(l) "regulated chemical" means a chemical that is used directly or indirectly to manufacture a controlled substance or other regulated chemical, or is used as a controlled substance analog, in violation of the state controlled substances act or this act. The fact that a chemical may be used for a purpose other than the manufacturing of a controlled substance or regulated chemical does not exempt it from the provisions of this act. Regulated chemical includes:
(1) Acetic anhydride (CAS No. 108-24-7);
(2) benzaldehyde (CAS No. 100-52-7);
(3) benzyl chloride (CAS No. 100-44-7);
(4) benzyl cyanide (CAS No. 140-29-4);
(5) diethylamine and its salts (CAS No. 109-89-7);
(6) ephedrine, its salts, optical isomers and salts of optical isomers (CAS No. 299-42-3), except products containing ephedra or ma huang, which do not contain any chemically synthesized ephedrine alkaloids, and are lawfully marketed as dietary supplements under federal law;
(7) hydriodic acid (CAS No. 10034-85-2);
(8) iodine (CAS No. 7553-56-2);
(9) lithium (CAS No. 7439-93-2);
(10) methylamine and its salts (CAS No. 74-89-5);
(11) nitroethane (CAS No. 79-24-3);
(12) chloroephedrine, its salts, optical isomers, and salts of optical isomers (CAS No. 30572-91-9);
(13) phenylacetic acid, its esters and salts (CAS No. 103-82-2);
(14) phenylpropanolamine, its salts, optical isomers, and salts of optical isomers (CAS No. 14838-15-4);
(15) piperidine and its salts (CAS No. 110-89-4);
(16) pseudoephedrine, its salts, optical isomers, and salts of optical isomers (CAS No. 90-82-4);
(17) red phosphorous (CAS No. 7723-14-0);
(18) sodium (CAS No. 7440-23-5); and
(19) thionylchloride (CAS No. 7719-09-7);
(20) gamma butyrolactone (GBL), including butyrolactone; butyrolactone gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide; 4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric acid lactone and 4-hydroxybutanoic acid lactone; CAS No. 96-48-0; and
(21) 1,4 butanediol, including butanediol; butane-1,4-diol; 1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane; 1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene 1,4-diol; CAS No. 110-63-4;
(m) "regulated chemical distributor" means any person subject to the provisions of the Kansas chemical control act who manufactures or distributes a regulated chemical;
(n) "regulated chemical retailer" means any person who sells regulated chemicals directly to the public;
(o) "regulated chemical transaction" means the manufacture of a regulated chemical or the distribution, sale, exchange or other transfer of a regulated chemical within or into the state or from this state into another state; and
(p) "secretary" means the secretary of health and environment.
History: L. 1999, ch. 170, § 9; L. 2000, ch. 69, § 1; L. 2001, ch. 171, § 6; L. 2012, ch. 8, § 11; July 1.
§ 65-7004 Application of act
The provisions of this act shall not apply to: (a) A distribution of a regulated chemical to or by a common carrier for carriage in the lawful and usual course of the business of the common carrier, or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman;
(b) the lawful administering or dispensing of a regulated chemical by a licensed practitioner in the course of professional practice or research;
(c) the purchase, distribution or possession of a regulated chemical by a local, state or federal law enforcement agency while in the discharge of official duties unless the Kansas bureau of investigation properly notifies the local law enforcement agency relying on the exclusion that its investigatory activities are contrary to the public interest; or
(d) products containing ephedra or ma huang, which do not contain any chemically synthesized ephedrine alkaloids, and are lawfully marketed as dietary supplements under federal law.
History: L. 1999, ch. 170, § 10; L. 2003, ch. 124, § 11; July 1.
§ 65-7005 Secretary; powers and duties; director; powers and duties
(a) The secretary is authorized and directed to:
(1) Adopt such rules and regulations, standards and procedures as may be necessary to carry out the purposes and provisions of this act;
(2) expend and authorize the expenditure of moneys from the chemical control act fund;
(3) report to the legislature on further assistance needed to administer the chemical control program;
(4) administer the chemical control program pursuant to provisions of this act;
(5) cooperate with appropriate federal, state, interstate and local units of government and with appropriate private organizations in carrying out the duties under this act;
(6) issue such orders necessary to implement the provisions of this act, and enforce the same by all appropriate administrative and judicial proceedings;
(7) collect and disseminate information and conduct educational and training programs relating to the chemical control program;
(8) accept, receive and administer grants or other funds or gifts from public and private entities, including the federal government, for the purpose of carrying out the provisions of this act;
(9) enter into contracts and agreements with the director of the Kansas bureau of investigation, other government agencies or private entities as necessary to carry out the provisions of this act; and
(10) examine and copy records and other information.
(b) The secretary may request the attorney general to bring an action in district court to seize property contaminated with chemicals for purposes of disposal or to enforce any other provision of this act.
(c) The director is authorized to: (1) Provide investigative assistance to the department of health and environment when requested by the secretary or the secretary's duly authorized agent;
(2) conduct civil actions necessary to seize chemicals or chemical-contaminated materials from alleged illegal drug manufacturing sites or to gain access to illegal drug manufacturing sites;
(3) serve as the single point of contact for screening alleged illegal drug manufacturing sites to determine if clean up or evaluation by a local health officer or the secretary is necessary;
(4) serve as the contact agency for conducting any clean up action necessary at an alleged illegal drug manufacturing site where the removal of floors, walls, furniture or soil is not required and where the contamination of groundwater has not occurred; and
(5) enter into any agreements with the secretary necessary to carry out the provisions of this act.
History: L. 1999, ch. 170, § 11; July 1.
§ 65-7006 Repealed
History: L. 1999, ch. 170, § 12; L. 2002, ch. 155, § 4; L. 2005, ch. 153, § 3; L. 2006, ch. 194, § 34; L. 2007, ch. 169, § 13; Repealed, L. 2009, ch. 32, § 64; July 1.
§ 65-7007 Regulated chemical distributor and retailer; submissions to bureau
(a) Each regulated chemical distributor and retailer shall submit to the bureau:
(1) Any regulated transaction involving an extraordinary quantity of a regulated chemical, an uncommon method of payment or delivery, or any other circumstance that may indicate that the regulated chemical will be used in violation of this act.
(2) Any proposed regulated transaction with a person whose description or other identifying characteristic the bureau has previously furnished to the regulated chemical distributor or retailer.
(3) Any unusual or excessive loss or disappearance of a regulated chemical under the control of the regulated chemical distributor or retailer. The regulated person responsible for reporting a loss in-transit is the distributor.
(b) Each report submitted pursuant to subsection (a), whenever possible shall be made orally to the bureau at the earliest practicable opportunity after the regulated chemical distributor or retailer becomes aware of the circumstances involved and as much in advance of the conclusion of the transaction as possible. Written reports of these transactions shall subsequently be filed within 15 days after the regulated chemical distributor or retailer becomes aware of the circumstances of the event. A transaction may not be completed with a person whose description or identifying characteristics have previously been furnished to the regulated distributor by the bureau unless the transaction is approved by the bureau.
(c) This section shall not apply to any of the following:
(1) Any pharmacist, pharmacy or other authorized person who sells or furnishes a substance listed in K.S.A. 65-7003(1), and amendments thereto, upon the prescription or order of a practitioner as defined under K.S.A. 65-1626, and amendments thereto;
(2) any practitioner as defined under K.S.A. 65-1626, and amendments thereto, who administers, dispenses or furnishes a substance listed in K.S.A. 65-7003(1), and amendments thereto, to such patients within the scope of a practitioner's professional practice. Such administration or dispensing shall be in the patient record;
(3) any sale, transfer, furnishing or receipt of any drug that contains any substance listed in K.S.A. 65-7003(1), and amendments thereto, and that is lawfully sold, transferred or furnished over-the-counter without a prescription pursuant to the federal food, drug and cosmetic act or regulations adopted thereunder; and
(4) a regulated chemical retailer who only sells or distributes regulated chemicals that are nonprescription, over-the-counter medicines with less than three grams of base ingredient in the package in the following manner:
(A) Blister packs of not more than two dosage units per blister;
(B) liquid cold or cough medicines;
(C) liquid cold or cough gel capsules; and
(D) nasal drops or sprays.
History: L. 1999, ch. 170, § 13; L. 2017, ch. 34, § 23; April 20.
§ 65-7008 Information program for retailers
The bureau shall develop and maintain a program to inform retailers about the methamphetamine problem in Kansas and devise procedures and forms for retailers to use in reporting to the bureau suspicious purchases, thefts or other transactions involving any products under the retailer's control which contain a regulated chemical under the provisions of this act including, but not limited to, nonprescription, over-the-counter medicines described in subsection (c)(4) of K.S.A. 65-7007 and amendments thereto. Reporting by retailers as required by this section shall be voluntary. Retailers reporting information to the bureau in good faith pursuant to this section shall be immune from civil liability.
History: L. 1999, ch. 170, § 14; July 1.
§ 65-7009 Orders subject to Kansas administrative procedure act; final action subject to Kansas judicial review act
(a) Any order of the secretary issued pursuant to this act is subject to the provisions of the Kansas administrative procedure act.
(b) Any final action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1999, ch. 170, § 15; L. 2010, ch. 17, § 169; July 1.
§ 65-7010 Civil penalties
(a) The secretary of the department of health and environment or the director of the division of environment, if designated by the secretary, upon a finding that a person has violated any provision of this act may impose a penalty not to exceed $25,000 which shall constitute an actual and substantial economic deterrent to the violation for which it is assessed and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except after notice of violation and opportunity for hearing upon the written order of the secretary or the director of the division of environment, if designated by the secretary, to the person who committed the violation. The order shall state the violation, the penalty to be imposed and the right to appeal to the secretary for a hearing thereon. Any person may appeal an order by making a written request to the secretary for a hearing within 15 days of service of such order. Proceedings under this subsection shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(c) Any sum assessed under this section shall be deposited in the chemical control fund.
(d) Any final action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History: L. 1999, ch. 170, § 16; L. 2010, ch. 17, § 170; July 1.
§ 65-7011 Liability; cleanup
(a) A person who violates any provisions of this act, shall, in addition to any other penalty provided by law, be liable for detection and investigation costs, the costs of the actual cleanup or attempted cleanup and for damages for injury to, or both, or destruction of any natural resources caused by chemicals at the site.
(b) A civil action under this section may be commenced in the name of the state by the attorney general in the county in which the violation is alleged to have occurred.
(c) Any sum assessed under this section shall be deposited in the chemical control fund.
History: L. 1999, ch. 170, § 17; July 1.
§ 65-7012 Chemical control fund; revenues; expenditures
(a) There is established a fund in the treasury entitled the chemical control fund.
(b) Revenues from the following sources shall be deposited in the state treasury and credited to the fund: (1) Moneys received by the secretary in the form of grants, gifts, bequests, reimbursements, or appropriations from any source intended to be used for the purposes of the fund;
(2) interest attributable to the investment of moneys in the fund; and
(3) moneys collected under K.S.A. 65-7010 and 65-7011 and amendments thereto.
(c) Moneys in the chemical control fund can only be expended directly or through contracts for the costs of: (1) Administration and enforcement of the provisions of this act;
(2) contracting for services needed to supplement the department's staff in alleged illegal drug manufacturing site clean ups;
(3) consultation needed concerning alleged illegal drug manufacturing site clean ups;
(4) activities to address immediate or emergency threats to human health or the environment related to alleged illegal drug manufacturing sites; and
(5) development of educational materials and programs for informing the regulated community and the public about illegal drug manufacturing issues.
(d) On or before the 10th of each month following the month in which moneys are deposited into the chemical control fund, and thereafter on or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the chemical control fund interest earnings based upon: (1) The average daily balance of moneys in the chemical control fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(e) All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
(f) Moneys from the fund shall not supplant any other local, state or federal funds unless the secretary finds that it is in the best interests of the state to supplant such other funds and to make expenditures from the fund in a more timely manner to investigate or clean up chemicals, chemical-contaminated materials, soil or groundwater resulting from an alleged illegal drug manufacturing site or an arrest made pursuant to the Kansas chemical control act, to conduct any other clean up action necessary at an alleged illegal drug manufacturing site, or to abate any imminent and substantial danger to public health or safety or to the environment related to a release from an illegal drug manufacturing site.
History: L. 1999, ch. 170, § 18; L. 2001, ch. 156, § 1; July 1.
§ 65-7013 Secretary; investigation and cleanup; liability; inspections
(a) The secretary is authorized to: (1) Develop a contract with a hazardous waste response contractor for joint use by the Kansas department of health and environment and the Kansas bureau of investigation to conduct investigation and clean up of chemicals, chemical-contaminated materials, soil, or groundwater resulting from an illegal drug manufacturing site or from an arrest made pursuant to the provisions of this act;
(2) authorize any person to carry out any clean up action in accordance with the directions or requirements of the secretary, if the secretary determines that the person will commence and complete the clean up properly and in a timely manner;
(3) undertake directly or by contract any cleanup action necessary at an alleged illegal drug manufacturing site including the cleanup, storage and disposal of chemicals and chemical contaminated materials located at an alleged illegal drug manufacturing site;
(4) to abate any imminent and substantial danger to the public health, safety or the environment related to a release from an illegal drug manufacturing site;
(5) direct or authorize a person responsible for creating an illegal drug manufacturing site as defined in subsection (b) to conduct a clean up or perform any related actions;
(6) recover moneys expended by the state responding to alleged illegal drug manufacturing sites from persons responsible for creating such sites;
(7) examine and copy records and other information;
(8) enter into any agreements with the director necessary to carry out the provisions of this act; and
(9) request the attorney general to bring an action in any district court to seize property contaminated with chemicals for purposes of clean up, disposal or to enforce any other provision of this act.
(b) The following persons shall be considered responsible for creating an alleged illegal drug manufacturing site and shall be jointly and severally liable for those cleanup costs incurred by the state and for damages for injury to or destruction of any natural resources caused by chemicals at the site: (1) Any person operating an alleged illegal drug manufacturing site;
(2) any owner or operator of an alleged illegal drug manufacturing site who obtained actual knowledge of the alleged illegal drug manufacturing site or damages caused by the site who failed to contact appropriate federal, state or local law enforcement authorities regarding the presence of the site; and
(3) any person who, by any acts or omissions, caused or contributed to the alleged illegal drug manufacturing site, unless the acts or omissions were in material compliance with applicable laws, standards, regulations, licenses or permits.
(c) Except as otherwise provided in subsection (d), the following persons shall not be considered responsible for creating an alleged illegal drug manufacturing site and shall not be liable for those cleanup costs incurred by the state: (1) Any owner or operator who became the owner or operator after the creation of the alleged illegal drug manufacturing site who did not know and reasonably should not have known of the damages when the person first became the owner or operator;
(2) a unit of state or local government that acquired ownership or control of a site by virtue of tax delinquency, abandonment, exercise of eminent domain authority, forfeiture, purchase or condemnation;
(3) any person who is not otherwise responsible under subsection (b) who acquired a site by inheritance or bequest;
(4) a local government as a result of actions taken in response to an emergency created by the chemicals at or generated by or from an alleged illegal drug manufacturing site owned by another person; and
(5) manufacturers, distributors, and retailers who are registered with the state board of pharmacy and acted or failed to act without knowledge of the existence of an illegal drug manufacturing site or without the intent to furnish supplies to an illegal drug manufacturing site.
(d) Notwithstanding the exclusions provided in subsection (c) of this section, such persons shall be liable for cleanup costs incurred by the state to the extent that the person's acts or omissions constituted gross negligence or intentional misconduct.
(e) If any person who is liable under subsection (b) of this section fails without sufficient cause to conduct a cleanup action as required by an order of the secretary, the person shall be liable for the state's cleanup costs.
(f) A local health officer, upon notification by the department or the bureau of the existence of an alleged illegal drug manufacturing site, is authorized to cause an inspection of the property to be conducted to determine the extent of contamination. In those cases where the local health officer does not have the resources or expertise to conduct such an inspection, the secretary is authorized to conduct the inspection.
(g) If the local health officer or the secretary determines that the property where the alleged illegal drug manufacturing site exists is unfit for use due to the extent of contamination, the local health officer or the secretary is empowered to post an order prohibiting use of all or portions of the property. The posting shall be in a conspicuous place on the property.
(h) In those cases where a person responsible for creating an alleged illegal drug manufacturing site fails to conduct a clean up of the site within 60 days of discovery of the site by federal, state or local law enforcement officials, the secretary is authorized to record, in accordance with Kansas law, a notice with the county register of deeds where the property is located that the land has been used to manufacture illegal drugs and that the property contains chemical contamination that may be harmful to the public health, safety or the environment. A notice of release shall be filed upon a showing to the department that the property is no longer harmful to the public health, safety and the environment.
(i) Notwithstanding any other provision of law, the State of Kansas, the department of health and environment and the Kansas bureau of investigation and their officers, employees and agents shall not be liable to a person possessing or owning chemicals located at an alleged illegal drug manufacturing site for any claims or actions arising from the identification, cleanup, storage or disposal of such chemicals by the department.
(j) Upon request of the law enforcement agency in charge after determination of the existence of an alleged illegal drug manufacturing site, any authorized officer, employee or agent of the department or any person under contract with the department may enter onto the premises of any alleged illegal drug manufacturing site, at reasonable times to review information, inspect, examine or gather data, conduct investigations, take remedial or other action where the secretary determines that such action is necessary to protect the public health or the environment.
History: L. 1999, ch. 170, § 19; July 1.
§ 65-7014 Seizure and forfeiture
(a) All regulated chemicals which have been or are intended to be manufactured, provided, sold, furnished, transferred, delivered, or possessed in violation of this act shall be deemed contraband, and may be seized and summarily forfeited to the state.
(b) A violation of this act shall constitute conduct giving rise to forfeiture pursuant to the Kansas standard asset forfeiture act K.S.A. 60-4101 et seq. and amendments thereto. When property is forfeited pursuant to a violation of the Kansas chemical control act, the department shall sell all property not destroyed pursuant to subsection (a)(2) of K.S.A. 60-4117 and amendments thereto at public sale to the highest bidder for cash without appraisal. The proceeds of any sale shall be credited to the cleanup account which is hereby created in the chemical control fund. Moneys in such account can only be expended directly or through contracts for the costs of drug manufacturing site clean ups.
History: L. 1999, ch. 170, § 20; July 1.
§ 65-7015 Severability clause
If any provisions of this act or its application to any person or circumstances are held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1999, ch. 170, § 21; July 1.
Article 71 Assistive Device Individual Development Account Program
§ 65-7101 Assistive device individual development account program; citation of act
The provisions of K.S.A. 65-7101 through 65-7107 of this act shall be known and may be cited as the individual development account program for assistive technology.
History: L. 2001, ch. 176, § 1; July 1.
§ 65-7102 Same; definitions
As used in this act:
(a) "Account holder" means a person who is the owner of an individual development account.
(b) "Assistive technology" means any item, piece of equipment or product system, whether acquired commercially, off the shelf, modified or customized, that is used to increase, maintain or improve functional capabilities of individuals with disabilities.
(c) "Community-based organization" means any nonprofit or charitable association that is approved by the institute to implement the individual development account reserve fund.
(d) "Institute" means the Schiefelbusch institute for life span studies of the university of Kansas.
(e) "Federal poverty level" means the most recent poverty income guidelines published in the calendar year by the United States department of health and human services.
(f) "Financial institution" means any bank, trust company, savings bank, credit union or savings and loan association or any other financial institution regulated by the state of Kansas, any agency of the United States or other state with an office in Kansas which is approved by the institute to create and manage the necessary financial instruments setting up individual development accounts for eligible families or individuals to implement this program.
(g) "Individual development account" means a financial instrument established in K.S.A. 65-7103, and amendments thereto.
(h) "Individual development account reserve fund" means the fund created by an approved community-based organization for the purposes of funding the costs incurred in the administration of the program by the financial institutions and the community-based organizations and for providing matching funds for moneys in individual development accounts. Such fund may include federal grant moneys.
(i) "Matching funds" means the moneys designated for contribution from an individual development account reserve fund to an individual development account by a community-based organization at a one-to-one ratio up to a three-to-one match.
(j) "Program" means the Kansas individual development account program established in K.S.A. 65-7101 through 65-7107, and amendments thereto.
(k) "Program contributor" means a person or entity who makes a contribution to an individual development account reserve fund.
History: L. 2001, ch. 176, § 2; July 1.
§ 65-7103 Same; program establishment; authorities and duties of institute
(a) There is hereby established within the institute a program to be known as the individual development account program. The program shall provide eligible families and individuals with an opportunity to establish special savings accounts for moneys which may be used by such families and individuals for assistive technology.
(b) The institute shall adopt rules and regulations and policies to implement and administer the provisions of K.S.A. 65-7101 through 65-7107, and amendments thereto.
(c) The institute shall enter into contracts as deemed appropriate to carry out the provisions of this act.
(d) The institute shall prepare a request for proposals from community-based organizations seeking to administer an individual development account reserve fund on a not-for-profit basis. The community-based organization proposals shall include:
(1) A requirement that the community-based organization make matching contributions to the development account of an individual account holder's or family's contributions to the individual development account;
(2) a process for including account holders in decision making regarding the investment of funds in the accounts;
(3) specifications of the population or populations targeted for priority participation in the program;
(4) a process for including economic education seminars in the individual development account program; and
(5) a process for regular evaluation and review of individual development accounts to ensure program compliance by account holders.
(e) A notice of the request for proposals shall be published once a week for two consecutive weeks in a newspaper having general circulation in the community at least 30 days before any action thereon. The request for proposals shall also be posted on readily accessible bulletin boards in all offices of the institute and sent elsewhere as the institute deems best.
(f) In reviewing the proposals of community-based organizations, the institute shall consider the following factors:
(1) The not-for-profit status of such organization;
(2) the fiscal accountability of the community-based organization;
(3) the ability of the community-based organization to provide or raise moneys for matching contributions;
(4) the ability of the community-based organization to establish and administer a reserve fund account which shall receive all contributions from program contributors; and
(5) the significance and quality of proposed auxiliary services, including economic education seminars and their relationship to the goals of the individual development account program.
(g) No more than 20% of all funds in the reserve fund account may be used for administrative costs of the program in the first and second years of the program, and no more than 15% of such funds may be used for administrative costs in any subsequent year. Funds deposited by account holders shall not be used for administrative costs.
(h) No provision of this act shall be deemed to require the institute to be obligated to provide matching funds or to incur any expense in the administration of an individual development account reserve fund.
History: L. 2001, ch. 176, § 3; July 1.
§ 65-7104 Same; eligibility qualifications
A family or individual whose household income is less than or equal to 300% of the federal poverty level may open an individual development account for the purpose of accumulating and withdrawing moneys for specified expenditures. The account holder may withdraw moneys from the account on the approval of the community-based organization, without penalty, for expenditures for assistive technology.
History: L. 2001, ch. 176, § 4; July 1.
§ 65-7105 Same; administration of accounts by financial institutions; duties
(a) Financial institutions seeking to administer individual development accounts approved by the institute shall be permitted to establish individual development accounts pursuant to K.S.A. 65-7101 through 65-7107, and amendments thereto. The financial institution shall certify to the institute, on forms prescribed by the institute and accompanied by any documentation required by the institute, that such accounts have been established pursuant to this act and that deposits have been made on behalf of the account holder.
(b) A financial institution establishing an individual development account shall:
(1) Keep the account in the name of the account holder;
(2) permit deposits to be made in the account by the following, subject to the indicated conditions:
(A) The account holder; or
(B) a community-based organization on behalf of the account holder. Such a deposit may include moneys to match the account holder's deposits, up to a five to one match rate;
(3) require the account to earn at least the market rate of interest; and
(4) permit the account holder to withdraw moneys upon approval of a community-based organization from the account for the purpose as provided in K.S.A. 65-7104, and amendments thereto.
(c) The total of all deposits by the account holder into an individual development account in a calendar year shall not exceed $5,000. The total balance in an individual development account at any time shall not exceed $50,000.
History: L. 2001, ch. 176, § 5; July 1.
§ 65-7106 Same; forfeiture of account matching moneys; when; transfer upon death
(a) Account holders who withdraw moneys from an individual development account not in accordance with the provisions of K.S.A. 65-7104, and amendments thereto, shall forfeit all matching moneys in the account.
(b) All moneys forfeited by an account holder pursuant to subsection (a) shall be returned to the individual development account reserve fund of the contributing community-based organization.
(c) In the event of an account holder's death, the account, minus the match funds, may be transferred to the ownership of a contingent beneficiary. An account holder shall name contingent beneficiaries at the time the account is established and may change such beneficiaries at any time. If the named beneficiary is deceased or otherwise cannot accept the transfer, the moneys shall be transferred to the estate of the deceased beneficiary.
History: L. 2001, ch. 176, § 6; July 1.
§ 65-7107 Assistive device individual development account program; income tax credit for contributions by corporations; limitations
(a) Appropriate state agencies are hereby directed to amend their state plans to protect the benefits of those receiving such benefits by adding language consistent with the following: Any funds in an individual development account, including accrued interest, shall be disregarded when determining eligibility to receive the amount of any public assistance or benefits.
(b) A program contributor shall be allowed a credit against state income tax imposed under the Kansas income tax act in an amount equal to 25% of the contribution amount.
(c) The institute shall verify all tax credit claims by contributors. The administration of the community-based organization, with the cooperation of the participating financial institutions, shall submit the names of contributors and the total amount each contributor contributes to the individual development account reserve fund for the calendar year. The institute shall determine the date by which such information shall be submitted to the institute by the local administrator. The institute shall submit verification of qualified tax credits pursuant to K.S.A. 65-7101 through 65-7107, and amendments thereto, to the department of revenue.
(d) The total tax credits authorized pursuant to this section shall not exceed $6,250 in any fiscal year.
(e) The provisions of this section shall be applicable to all taxable years commencing after December 31, 2002.
(f) For tax year 2013 and all tax years thereafter, the income tax credit provided by this section shall only be available to taxpayers subject to the income tax on corporations imposed pursuant to subsection (c) of K.S.A. 79-32,110, and amendments thereto, and shall be applied only against such taxpayer's corporate income tax liability.
History: L. 2001, ch. 176, § 7; L. 2012, ch. 135, § 3; January 1, 2013.
Article 72 Naturopathic Doctors
§ 65-7201 Citation of act
K.S.A. 65-7201 to 65-7218, inclusive, and amendments thereto, shall be known and may be cited as the naturopathic doctor licensure act.
History: L. 2002, ch. 203, § 20; L. 2010, ch. 126, § 1; January 1, 2011.
§ 65-7202 Definitions
As used in K.S.A. 65-7201 through 65-7218, and amendments thereto:
(a) "Naturopathic doctor" means a doctor of naturopathic medicine who is authorized and licensed pursuant to this act.
(b) (1) "Naturopathic medicine," or "naturopathy" means a system of health care practiced by naturopathic doctors for the prevention, diagnosis and treatment of human health conditions, injuries and diseases, that uses education, natural medicines and therapies to support and stimulate the individual's intrinsic self-healing processes, and includes: (A) Prescribing, recommending or administering: (i) Food, food extracts, vitamins, minerals, enzymes, whole gland thyroid, botanicals, homeopathic preparations, nonprescription drugs, plant substances that are not designated as prescription drugs or controlled substances, topical drugs as defined in subsection (i); (ii) health care counseling, nutritional counseling and dietary therapy, naturopathic physical applications, barrier contraceptive devices; (iii) substances on the naturopathic formulary that are authorized for intramuscular or intravenous administration pursuant to a written protocol entered into with a physician who has entered into a written protocol with a naturopathic doctor licensed under the naturopathic doctor licensure act; (iv) noninvasive physical examinations, venipuncture to obtain blood for clinical laboratory tests and orofacial examinations, excluding endoscopies; (v) minor office procedures; and (vi) naturopathic acupuncture; and (B) ordering diagnostic imaging studies, including, but not limited to, x-ray, ultrasound, mammogram, bone densitometry, computed tomography, magnetic resonance imaging and electrocardiograms, except that naturopathic doctors shall refer patients to an appropriately licensed and qualified healthcare professional to conduct diagnostic imaging studies and interpret the results of such studies.
(2) A naturopathic doctor may not perform surgery, obstetrics, administer ionizing radiation, or prescribe, dispense or administer any controlled substances as defined in K.S.A. 65-4101, and amendments thereto, or any prescription-only drugs except those listed on the naturopathic formulary adopted by the board pursuant to this act.
(c) "Board" means the state board of healing arts.
(d) "Approved naturopathic medical college" means a college and program granting the degree of doctor of naturopathy or naturopathic medicine that has been approved by the board under this act and which college and program requires at a minimum a four-year, full-time resident program of academic and clinical study.
(e) "Homeopathic preparations" means substances and drugs prepared according to the official homeopathic pharmacopoeia recognized by the United States food and drug administration.
(f) "Naturopathic acupuncture" means the insertion of fine metal needles through the skin at specific points on or near the surface of the body with or without the palpation of specific points on the body and with or without the application of electric current or heat to the needles or skin or both to treat human disease and impairment and to relieve pain.
(g) "Minor office procedures" means care incidental to superficial lacerations and abrasions, superficial lesions and the removal of foreign bodies located in the superficial tissues, except eyes, and not involving blood vessels, tendons, ligaments or nerves. "Minor office procedures" includes use of antiseptics, but shall not include the suturing, repairing, alteration or removal of tissue or the use of general or spinal anesthesia. Minor office procedures does not include anesthetics or surgery.
(h) "Naturopathic physical applications" means the therapeutic use by naturopathic doctors of the actions or devices of electrical muscle stimulation, galvanic, diathermy, ultrasound, ultraviolet light, constitutional hydrotherapy, naturopathic musculoskeletal technique and therapeutic exercise.
(i) "Topical drugs" means topical analgesics, antiseptics, scabicides, antifungals and antibacterials but does not include prescription only drugs.
(j) "Physician" means a person licensed to practice medicine and surgery.
(k) "Written protocol" means a formal written agreement between a naturopathic doctor licensed under this act and a person licensed to practice medicine and surgery. Any licensee of the board entering into a written protocol with a licensed naturopathic doctor shall notify the board in writing of such relationship by providing such information as the board may require.
History: L. 2002, ch. 203, § 21; L. 2010, ch. 126, § 2; L. 2019, ch. 55, § 38; May 9.
§ 65-7203 Administration of act by state board of healing arts; qualifications of applicants; licensure of certain naturopathic doctors; record of proceedings
(a) The board, as hereinafter provided, shall administer the provisions of this act.
(b) The board shall judge the qualifications of all applicants for examination and licensure, determine the applicants who successfully pass the examination, duly license such applicants and adopt rules and regulations as may be necessary to administer the provisions of this act.
(c) The board shall issue a license as a naturopathic doctor to an individual who prior to the effective date of this act (1) graduated from a school of naturopathy that required four years of attendance and was at the time of such individual's graduation accredited or a candidate for accreditation by the board approved accrediting body, (2) passed an examination approved by the board covering appropriate naturopathic subjects including basic and clinical sciences and (3) has not committed an act which would subject such person to having a license suspended or revoked under K.S.A. 65-7208, and amendments thereto.
(d) The board shall keep a record of all proceedings under this act and a roster of all individuals licensed under this act. Only an individual may be licensed under this act.
History: L. 2002, ch. 203, § 22; L. 2010, ch. 126, § 3; January 1, 2011.
§ 65-7204 Application for licensure; criteria for educational programs; registrant under previous act deemed to be licensed
(a) An applicant applying for licensure as a naturopathic doctor shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) Education: The applicant shall present evidence satisfactory to the board of having successfully completed an educational program in naturopathy from an approved naturopathic medical college.
(2) Examination: The applicant shall pass an examination as provided for in K.S.A. 65-7205, and amendments thereto.
(3) Fees: The applicants shall pay to the board all applicable fees established under K.S.A. 65-7207, and amendments thereto.
(b) The board shall adopt rules and regulations establishing the criteria for an educational program in naturopathy to obtain successful recognition by the board under paragraph (1) of subsection (a). The board may send a questionnaire developed by the board to any school or other entity conducting an educational program in naturopathy for which the board does not have sufficient information to determine whether the program should be recognized by the board and whether the program meets the rules and regulations adopted under this section. The questionnaire providing the necessary information shall be completed and returned to the board in order for the program to be considered for recognition. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about an educational program in naturopathy. In entering such contracts the authority to recognize an educational program in naturopathy shall remain solely with the board.
(c) An individual holding a valid registration as a naturopathic doctor under the naturopathic doctor registration act on December 31, 2010, shall be deemed to be licensed as a naturopathic doctor under the naturopathic doctor license act, and such individual shall not be required to file an original application for licensure under the naturopathic doctor license act.
History: L. 2002, ch. 203, § 23; L. 2010, ch. 126, § 4; January 1, 2011.
§ 65-7205 Examination
Each applicant for licensure under this act shall be examined by a written examination or examinations chosen by the board to test the applicant's knowledge of the basic and clinical sciences relating to naturopathy, and naturopathy theory and practice, including the applicant's professional skills and judgment in the utilization of naturopathic techniques and methods, and such other subjects as the board may deem useful to determine the applicant's fitness to practice naturopathy.
History: L. 2002, ch. 203, § 24; L. 2010, ch. 126, § 5; January 1, 2011.
§ 65-7206 Waiver of examination and other requirements; when waived; temporary licensure
(a) The board may waive the examination or education requirements, or both, and grant licensure (1) to any applicant who presents proof of current authorization to practice naturopathy in another state, the District of Columbia or territory of the United States which requires standards for authorization to practice determined by the board to be equivalent to the requirements for licensure under this act and (2) to any applicant who presents proof that on the day preceding the effective date of this act that the applicant was practicing under K.S.A. 65-2872a, and amendments thereto.
(b) At the time of making an application under this section, the applicant shall pay to the board the application fee as required under K.S.A. 65-7207, and amendments thereto.
(c) The board may issue a temporary license to an applicant for licensure as a naturopathic doctor who applies for temporary licensure on a form provided by the board, who meets the requirements for licensure or who meets all the requirements for licensure except examination and who pays to the board the temporary license fee as required under K.S.A. 65-7207, and amendments thereto. The person who holds a temporary license shall practice only under the supervision of a licensed naturopathic doctor. Such temporary license shall expire one year from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. No more than one such temporary license shall be permitted to any one person.
History: L. 2002, ch. 203, § 25; L. 2010, ch. 126, § 6; January 1, 2011.
§ 65-7207 Fees
(a) The board shall charge and collect in advance fees provided for in this act as fixed by the board by rules and regulations, subject to the following limitations:
- Application fee, not more than $200
- Temporary license fee, not more than $30
- License renewal fee, not more than $150
- License late renewal additional fee, not more than $250
- License reinstatement fee, not more than $250
- Certified copy of license, not more than $30
- Written verification of license, not more than $25
(b) The board shall charge and collect in advance fees for any examination administered by the board under the naturopathic doctor licensure act as fixed by the board by rules and regulations in an amount equal to the cost to the board of the examination. If the examination is not administered by the board, the board may require that fees paid for any examination under the naturopathic doctor licensure act be paid directly to the examination service by the person taking the examination.
History: L. 2002, ch. 203, § 26; L. 2010, ch. 126, § 7; January 1, 2011.
§ 65-7208 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; discipline; civil fines; procedure; reinstatement
(a) The board may deny, refuse to renew, suspend, revoke or limit a license or the licensee may be publicly or privately censured where the licensee or applicant for licensure has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare or safety of the public. Unprofessional conduct includes:
(1) Obtaining a license by means of fraud, misrepresentation or concealment of material facts;
(2) being guilty of unprofessional conduct as defined by rules and regulations adopted by the board;
(3) being convicted of a felony if the acts for which such person was convicted are found by the board to have a direct bearing on whether such person should be entrusted to serve the public in the capacity of a naturopathic doctor;
(4) violating any lawful order or rule and regulation of the board; and
(5) violating any provision of this act.
(b) Such denial, refusal to renew, suspension, revocation or limitation of a license or public or private censure of a licensee may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. Upon the end of the period of time established by the board for the revocation of a license, application may be made to the board for reinstatement. The board shall have discretion to accept or reject an application for reinstatement and may hold a hearing to consider such reinstatement. An application for reinstatement of a revoked license shall be accompanied by the license renewal fee and the license reinstatement fee established under K.S.A. 65-7207, and amendments thereto.
(c) The board, in addition to any other penalty prescribed in subsection (a), may assess a civil fine, after proper notice and an opportunity to be heard, against a licensee for unprofessional conduct in an amount not to exceed $5,000 for the first violation, $10,000 for the second violation and $15,000 for the third violation and for each subsequent violation. All fines assessed and collected under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History: L. 2002, ch. 203, § 27; L. 2004, ch. 117, § 23; L. 2010, ch. 126, § 8; January 1, 2011.
§ 65-7209 Expiration of licenses; failure to renew; renewal; continuing education; suspended license; fees
(a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the license renewal fee established pursuant to K.S.A. 65-7207, and amendments thereto. The board may establish additional requirements for license renewal which provide evidence of continued competency. The board shall require as a condition for renewal of a license completion of at least 25 hours annually of continuing education approved by the board.
(b) At least 30 days before the expiration of a license, the board shall notify the licensee of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee fails to pay the renewal fee by the date of expiration, the licensee shall be given a second notice that the license has expired and the license may be renewed only if the license renewal fee and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the license has been reinstated under subsection (c).
(c) Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the board and upon payment of the license reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of licenses canceled for failure to renew.
(d) A person whose license is suspended shall not engage in any conduct or activity in violation of the order or judgment by which the license was suspended.
History: L. 2002, ch. 203, § 28; L. 2004, ch. 117, § 24; L. 2010, ch. 126, § 9; January 1, 2011.
§ 65-7210 Moneys received by board; disposition; healing arts fee fund
(a) The board shall remit all moneys received by or for it 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 each such deposit shall be credited to the state general fund and the balance shall be credited to the healing arts fee fund. All expenditures from such 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 designated by the president of the board.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 29; L. 2011, ch. 53, § 38; July 1.
§ 65-7211 Authorized representations; unlawful representations; authority not conferred upon naturopathic doctors to engage in activities not conferred by act
(a) A person licensed under this act as a naturopathic doctor shall: (1) Use the letters "N.D.," when using the letters or term "Dr." or "Doctor" to identify themselves to patients or the public; and (2) be authorized to use the words "naturopathic doctor," "doctor of naturopathy," "doctor of naturopathic medicine," or "naturopath," to indicate that such person is a naturopathic doctor licensed under this act. A person licensed under this act may not advertise, hold themselves out to the public, refer to themselves or use the terms "naturopathic physician," "physician" or "naturopathic medical doctor" in conjunction with such licensee's name. A violation of this subsection (a) shall constitute a class B misdemeanor.
(b) It shall be unlawful for any person who is not licensed under this act as a naturopathic doctor or whose license has been suspended or revoked to hold oneself out to the public in any manner as a licensed naturopathic doctor, or use the abbreviation of "N.D." or the words "naturopathic doctor," "doctor of naturopathy," "doctor of naturopathic medicine," "naturopath," "naturopathic medical doctor" or any other words, letters, abbreviations or insignia indicating or implying that such person is a naturopathic doctor. A violation of this subsection (b) shall constitute a class B person misdemeanor.
(c) No statute granting authority to persons licensed or registered by the state board of healing arts shall be construed to confer authority upon naturopathic doctors to engage in any activity not conferred by this act.
History: L. 2002, ch. 203, § 30; L. 2010, ch. 126, § 10; January 1, 2011.
§ 65-7212 Board of healing arts to adopt naturopathic formulary; naturopathic formulary advisory committee
The board shall adopt a naturopathic formulary which lists the drugs and substances which are approved for intramuscular or intravenous administration by a naturopathic doctor pursuant to the order of a physician. The board shall appoint a naturopathic formulary advisory committee which shall advise the board and make recommendations on the list of substances which may be included in the naturopathic formulary. The naturopathic formulary advisory committee shall consist of a licensed pharmacist, a person knowledgeable in medicinal plant chemistry, two persons licensed to practice medicine and surgery, and two naturopathic doctors licensed under this act.
History: L. 2002, ch. 203, § 31; L. 2010, ch. 126, § 11; January 1, 2011.
§ 65-7213 Naturopathic acupuncture specialty certification
(a) In order to practice naturopathic acupuncture, a naturopathic doctor shall obtain a naturopathic acupuncture specialty certification from the board. The board may issue this specialty certification to a naturopathic doctor who has:
(1) Submitted an application and paid certification fee to be determined by the board;
(2) completed basic oriental medicine philosophy from a college or university approved by the board and 500 hours of supervised clinical training under a trained naturopathic acupuncturist's supervision.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 32; July 1.
§ 65-7214 Naturopathic advisory council; membership; expenses; legislature to consider establishing alternative health care board
(a) There is established a naturopathic advisory council to advise the board 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: Three members shall be naturopathic doctors appointed by the state board of healing arts; one member shall be the president of the state board of healing arts or a person designated by the president; and one member appointed by the governor shall be from the public sector who is not engaged, directly or indirectly, in the provision of health services. Insofar as possible persons appointed to the council shall be from different geographic areas. 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, if any. The members of the council appointed by the governor shall be appointed for terms of three years and until a successor is appointed. The members appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. If a member is designated by the president of the state board of healing arts, the member shall serve at the pleasure of the president.
(b) Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
(c) During the 2003 regular session of the legislature the legislature shall consider establishing an alternative health care board composed of representatives as may be designated from existing health care regulatory agencies, alternative health care providers and members of the general public for purposes of advising the legislature on matters relating to alternative health care, administering the naturopathic doctor registration act and performing such other duties as may be established by law.
(d) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 33; July 1.
§ 65-7215 Injunctive remedies for violations
(a) When it appears to the board that any person is violating any of the provisions of this act, the board may bring an action in the name of the state of Kansas 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.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 34; July 1.
§ 65-7216 Adjudicative procedures
All state agency adjudicative proceedings under the naturopathic doctor licensure act shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
History: L. 2002, ch. 203, § 35; L. 2010, ch. 17, § 171; L. 2010, ch. 155, § 20; January 1, 2011.
§ 65-7217 Professional liability insurance required
Professional liability insurance coverage shall be maintained in effect by each naturopathic doctor as a condition to rendering professional service as a naturopathic doctor in this state. The board shall fix by rules and regulations the minimum level of coverage for such professional liability insurance.
History: L. 2002, ch. 203, § 36; L. 2004, ch. 117, § 26; July 1.
§ 65-7218 Confidential communications
(a) The confidential relations and communications between a naturopathic doctor and the naturopathic doctor's patient are placed on the same basis as provided by law as those between a physician and a physician's patient in K.S.A. 60-427, and amendments thereto.
(b) The provisions of this section shall take effect on and after January 1, 2003.
History: L. 2002, ch. 203, § 37; July 1.
§ 65-7219 Nothing in act construed to require insurance reimbursement or indemnity for services as a naturopathic doctor
On and after January 1, 2011, nothing in the naturopathic doctor licensure act or in the provisions of K.S.A. 40-2,100 through 40-2,105, and amendments thereto, or K.S.A. 40-2,105a through 40-2,105d, and amendments thereto, shall be construed to require that any individual, group or blanket policy of accident and sickness, medical or surgical expense insurance coverage or any provision of a policy, contract, plan or agreement for medical service issued on or after the effective date of this act, reimburse or indemnify a person licensed under the naturopathic doctor licensure act for services provided as a naturopathic doctor.
History: L. 2010, ch. 126, § 13; January 1, 2011.
Article 73 Radiologic Technologists
§ 65-7301 Citation of act
K.S.A. 65-7301 through 65-7315, and amendments thereto, shall be known and may be cited as the radiologic technologists practice act.
History: L. 2004, ch. 84, § 1; July 1.
§ 65-7302 Definitions
As used in this act:
(a) "Board" means the state board of healing arts.
(b) "Ionizing radiation" means x-rays, gamma rays, alpha and beta particles, high speed electrons, protons, neutrons and other nuclear particles capable of producing ions directly or indirectly in its passage through matter.
(c) "License" means a certificate issued by the board authorizing the licensee to perform radiologic technology procedures on humans for diagnostic or therapeutic purposes.
(d) "Licensed practitioner" means a person licensed to practice medicine and surgery, dentistry, podiatry or chiropractic in this state, or a person licensed as a physician assistant, advanced practice registered nurse or naturopathic doctor in this state.
(e) "Licensure" and "licensing" mean a method of regulation by which the state grants permission to persons who meet predetermined qualifications to engage in a health related occupation or profession.
(f) "Nuclear medicine technologist" means a person who uses radio pharmaceutical agents on humans for diagnostic or therapeutic purposes.
(g) "Nuclear medicine technology" means the use of radio nuclides on human beings for diagnostic or therapeutic purposes.
(h) "Radiation therapist" means a person who applies radiation to humans for therapeutic purposes.
(i) "Radiation therapy" means the use of any radiation procedure or article intended for the cure, mitigation or prevention of disease in humans.
(j) "Radiographer" means a person who applies radiation to humans for diagnostic purposes.
(k) "Radiography" means the use of ionizing radiation on human beings for diagnostic purposes.
(l) "Radiologic technologist" means any person who is a radiographer, radiation therapist or nuclear medicine technologist.
(m) "Radiologic technology" means the use of radioactive substance or equipment emitting or detecting ionizing radiation on humans for diagnostic or therapeutic purposes upon prescription of a licensed practitioner. The term includes the practice of radiography, nuclear medicine technology and radiation therapy, but does not include echocardiography, diagnostic sonography and magnetic resonance imaging.
History: L. 2004, ch. 84, § 2; L. 2019, ch. 55, § 39; May 9.
§ 65-7303 Unlawful representations; lawful activities under the act
(a) On and after October 1, 2005, except as otherwise provided in this act, no person shall perform radiologic technology procedures on humans for diagnostic or therapeutic purposes unless the person possesses a valid license issued under this act.
(b) A person holding a license under this act shall use radioactive substances or equipment for radiologic technology procedures on humans only for diagnostic or therapeutic purposes by prescription of a licensed practitioner.
(c) No person shall depict one's self orally or in writing, expressly or by implication, as holder of a license who does not hold a current license under this act.
(d) (1) Only persons licensed under this act as a radiologic technologist shall be entitled to use the title "radiologic technologist" or "licensed radiologic technologist," abbreviations thereof, or words similar thereto or use the designated letters "R.T." or "L.R.T."
(2) Only persons licensed under this act as a radiologic technologist and who have received certification from the American registry of radiologic technologists (ARRT) in radiography shall be entitled to use the title "radiologic technologist radiographer" or "licensed radiologic technologist radiographer" or abbreviations thereof, or words similar thereto or use the designated letters "R.T. (R)" or "L.R.T. (R)."
(3) Only persons licensed under this act as a radiologic technologist and who have received additional certification from the American registry of radiologic technologists (ARRT) in radiation therapy shall be entitled to use the title "radiation therapist" or "licensed radiation therapist," abbreviations thereof, or words similar thereto or use the designated letters "R.T. (T)" or "L.R.T. (T)."
(4) Only persons licensed under this act as a radiologic technologist and who have received additional certification from the American registry of radiologic technologists (ARRT) in nuclear medicine technology shall be entitled to use the title "nuclear medicine technologist," "licensed nuclear medicine technologist" or "registered nuclear medicine technologist," abbreviations thereof, or words similar thereto or use the designated letters "R.T. (N)" or "L.R.T. (N)."
(5) Only persons licensed under this act as a radiologic technologist and who have received additional certification from the nuclear medicine technology certification board (NMTCB) shall be entitled to use the title "certified nuclear medicine technologist," abbreviations thereof, or words similar thereto or use the designated letters "C.N.M.T."
(e) This section shall not prohibit a person who is licensed as a respiratory therapist by this state from using any letter or designation indicating that such person is engaged in the practice of respiratory therapy.
(f) This section shall take effect on and after October 1, 2005.
History: L. 2004, ch. 84, § 3; L. 2005, ch. 34, § 1; July 1.
§ 65-7304 Persons exempt from licensure
The following shall be exempt from the requirement of a license pursuant to this act:
(a) A licensed practitioner;
(b) a person issued a postgraduate permit by the board or students while in actual attendance in an accredited health care educational program for radiologic technology and under the supervision of a qualified instructor;
(c) health care providers in the United States armed forces, public health services, federal facilities and other military service when acting in the line of duty in this state;
(d) persons rendering assistance in the case of an emergency;
(e) a licensed dental hygienist or an unlicensed person working under the supervision of a licensed dentist who has been trained by a licensed dentist on the proper use of dental radiographic equipment for the purpose of providing medical imaging for dental diagnostic purposes consistent with K.S.A. 65-1422 et seq., and amendments thereto; and
(f) a licensed physician assistant, a licensed nurse or an unlicensed person performing radiologic technology procedures who is (1) working under the supervision of a licensed practitioner or a person designated by a hospital licensed pursuant to K.S.A. 65-425 et seq., and amendments thereto, and (2) who has been trained on the proper use of equipment for the purpose of performing radiologic technology procedures consistent with K.S.A. 65-2001 et seq., or K.S.A. 65-2801 et seq., and amendments thereto. The board shall adopt rules and regulations to assure that persons exempted from licensure under this subsection receive continuing education consistent with their practice authorized herein.
(g) This section shall take effect on and after July 1, 2005.
History: L. 2004, ch. 84, § 4; L. 2005, ch. 34, § 2; July 1.
§ 65-7305 Application for licensure; requirements; temporary licensure; waiver of examination; application for reinstatement; fees
(a) An applicant for licensure as a radiologic technologist shall file an application, on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements:
(1) At the time of the application is at least 18 years of age;
(2) has successfully completed a four-year course of study in a secondary school approved by the state board of education, passed an approved equivalency test or graduated from a secondary school outside Kansas having comparable approval by the state board of education;
(3) has satisfactorily completed a course of study in radiography, radiation therapy or nuclear medicine technology which is approved by the board and which contains a curriculum no less stringent than the standards of existing organizations which approve radiologic technology programs;
(4) except as otherwise provided in this act, has successfully passed a license examination approved by the board; and
(5) has paid all fees required for licensure prescribed in this act.
(b) The board may issue a temporary license to an applicant seeking licensure as a radiologic technologist when such applicant meets the requirements for licensure or meets all the requirements for licensure except examination and pays to the board the temporary license fee as required under K.S.A. 65-7313, and amendments thereto. Such temporary license shall expire 180 days from the date of issue or on the date that the board approves the application for licensure, whichever occurs first. No more than one such temporary license shall be permitted to any one person.
(c) The board may accept, in lieu of its own licensure examination, a current certificate by the American registry of radiologic technologists, nuclear medicine technologist certification board or other recognized national voluntary credentialing bodies, which the board finds was issued on the basis of an examination which meets standards at least as stringent as those established by the board.
(d) The board may waive the examination or education requirements and grant licensure to any applicant: (1) Who presents proof of current licensure as a radiologic technologist in another state, the District of Columbia or territory of the United States which requires standards for licensure determined by the board to be equivalent to the requirements under this act; and (2) who has, at the time of application, a current valid certificate by the American registry of radiologic technologists, nuclear medicine technology certification board or other recognized national voluntary credentialing bodies, which the board finds was issued on the basis of an examination which meets standards at least as stringent as those established by the board.
(e) A person whose license has been revoked may make written application to the board requesting reinstatement of the license in a manner prescribed by the board, which application shall be accompanied by the fee provided for in K.S.A. 65-7308, and amendments thereto.
History: L. 2004, ch. 84, § 5; L. 2007, ch. 129, § 1; July 1, 2008.
§ 65-7306 Repealed
History: L. 2004, ch. 84, § 6; L. 2005, ch. 34, § 3; Repealed, L. 2007, ch. 129, § 2; July 1, 2008.
§ 65-7307 Expiration of licenses; renewal notification, procedure; fees; reinstatement of lapsed licenses; rules and regulations
(a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shall be accompanied by the license renewal fee established pursuant to K.S.A. 65-7308, and amendments thereto.
(b) At least 30 days before the expiration of a licensee's license, the board shall notify the licensee of the expiration by mail addressed to the licensee's last mailing address as noted upon the office records. If the licensee fails to submit an application for renewal on a form provided by the board, or fails to pay the renewal fee by the date of expiration, the board shall give a second notice to the licensee that the license has expired and the license may be renewed only if the application for renewal, the renewal fee, and the late renewal fee are received by the board within the thirty-day period following the date of expiration and that, if both fees are not received within the thirty-day period, the license shall be deemed canceled by operation of law and without further proceedings.
(c) The board may require any licensee, as a condition of renewal, to submit with the application for renewal evidence of satisfactory completion of a program of continuing education required by rules and regulations of the board.
(d) Any license canceled for failure to renew may be reinstated upon recommendation of the board. An application for reinstatement shall be on a form provided by the board, and shall be accompanied by payment of the reinstatement fee and evidence of completion of any applicable continuing education requirements. The board may adopt rules and regulations establishing appropriate education requirements for reinstatement of a license that has been canceled for failure to renew.
(e) This section shall take effect on and after July 1, 2005.
History: L. 2004, ch. 84, § 7; July 1.
§ 65-7308 Fees
(a) The board shall charge and collect in advance fees for radiologic technologists as established by the board by rules and regulations, not to exceed:
- Application for radiologic technologist examination $200
- Application for license $80
- Temporary licensing fee $40
- License renewal $80
- Late license renewal $80
- License reinstatement fee $80
- Revoked license reinstatement fee $200
- Certified copy of license $40
- Verified copy $25
(b) If the examination is not administered by the board, the board may require that fees paid for any examination under the radiologic technologists practice act be paid directly to the examination service by the person taking the examination.
(c) This section shall take effect on and after July 1, 2005.
History: L. 2004, ch. 84, § 11; July 1.
§ 65-7309 Moneys received by board; disposition; healing arts fee fund
(a) 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.
(b) This section shall take effect on and after July 1, 2005.
History: L. 2004, ch. 84, § 14; L. 2011, ch. 53, § 39; July 1.
§ 65-7310 Radiologic technology council, establishment; membership, terms, vacancies; meetings; majority quorum; expenses
(a) There is established the radiologic technology 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: The board shall appoint one member who is a physician licensed to practice medicine and surgery who is also certified as a radiologist and one member who is a member of the state board of healing arts. Members appointed by the board shall serve at the pleasure of the board. The governor shall appoint three radiologic technologists who have at least three years' experience in radiologic technology preceding the appointment and are actively engaged, in this state, in the practice of radiologic technology or the teaching of radiologic technology. At least two of the governor's appointments shall be made from a list of four nominees submitted by the Kansas society of radiologic technologists.
(b) The members appointed by the governor shall be appointed for terms of four years except that of the members first appointed, one shall be appointed for a term of two years, one for a term of three years, and one for a term of four years, with successor members appointed for four years and to serve until a successor member 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.
(c) Radiologic technologists initially appointed to the council must be eligible for licensure under K.S.A. 65-7305, and amendments thereto. On and after October 1, 2005, new appointees shall be licensed under the provisions of this act.
(d) The council shall meet at least once each year at a time and place of its choosing 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.
(e) 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.
(f) Members of the council attending meetings of the council, or a subcommittee of the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto, from the healing arts fee fund.
History: L. 2004, ch. 84, § 8; L. 2005, ch. 34, § 4; July 1.
§ 65-7311 Same; duties
The radiologic technology 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) subject areas to be covered during the educational program and on the licensure examination;
(d) the number of yearly continuing education hours required to maintain active licensure;
(e) changes and new requirements taking place in the area of radiologic technology; and
(f) such other duties and responsibilities as the board may assign.
History: L. 2004, ch. 84, § 9; July 1.
§ 65-7312 Board of healing arts; duties; rules and regulations; establishments of standards
The board, with the advice and assistance of the radiologic technology council, shall:
(a) Pass upon the qualifications of all applicants for examination and licensing; contract for examinations; determine the applicants who successfully pass the examination; duly license such applicants and keep a roster of all individuals licensed;
(b) adopt rules and regulations as may be necessary to administer the provisions of this act; and prescribe forms which shall be issued in the administration of this act;
(c) establish standards for approval of an educational course of study and clinical experience, criteria for continuing education, procedures for the examination of applicants; and
(d) establish standards of professional conduct; procedure for the discipline of licensees and keep a record of all proceedings.
History: L. 2004, ch. 84, § 10; July 1.
§ 65-7313 Denial, revocation, suspension or limitation of or refusal to renew license; grounds; censure, reprimand or fine of licensee; administrative procedure; conduct prohibited during license suspension
(a) The license of a radiologic technologist may be limited, suspended or revoked, or the licensee may be censured, reprimanded, fined pursuant to K.S.A. 65-2863a, and amendments thereto, or otherwise sanctioned by the board or an application for licensure may be denied if it is found that the licensee or applicant:
(1) Is guilty of fraud or deceit in the procurement or holding of a license;
(2) has been convicted of a felony in a court of competent jurisdiction, either within or outside of this state, unless the conviction has been reversed and the holder of the license discharged or acquitted or if the holder has been pardoned with full restoration of civil rights in which case the license shall be restored;
(3) is addicted to or has distributed intoxicating liquors or drugs for other than lawful purposes;
(4) is found to be mentally or physically incapacitated to such a degree that in the opinion of the board continued practice by the licensee would constitute a danger to the public's health and safety;
(5) has aided and abetted a person who is not a licensee under this act or is not otherwise authorized to perform the duties of a license holder;
(6) has undertaken or engaged in any practice beyond the scope of duties permitted a licensee;
(7) has engaged in the practice of radiologic technology under a false or assumed name or impersonated another licensee;
(8) has been found guilty of unprofessional conduct under criteria which the board may establish by rules and regulations;
(9) has interpreted a diagnostic image to a patient; or
(10) is, or has been, found guilty of incompetence or negligence while performing as a license holder.
(b) The denial, refusal to renew, suspension, limitation or revocation of a license or other sanction may be ordered by the board after notice and hearing on the matter in accordance with the provisions of the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
(c) A person whose license is suspended shall not engage in any conduct or activity in violation of the order by which the license was suspended.
(d) This section shall take effect on and after July 1, 2005.
History: L. 2004, ch. 84, § 12; L. 2010, ch. 17, § 172; July 1.
§ 65-7314 Injunctive remedies for violations
(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 October 1, 2005.
History: L. 2004, ch. 84, § 13; L. 2005, ch. 34, § 5; July 1.
§ 65-7315 Violation of act; penalty
On and after October 1, 2005, any violation of this act shall constitute a class B misdemeanor.
History: L. 2004, ch. 84, § 15; L. 2005, ch. 34, § 6; July 1.
Article 74 Primary Care Safety Net Clinic Capital Loan Guarantees
§ 65-7401 Title of act
The provisions of K.S.A. 65-7401 through 65-7407, and amendments thereto, shall be known and may be cited as the primary care safety net clinic capital loan guarantee act.
History: L. 2007, ch. 177, § 5; May 17.
§ 65-7402 Definitions
As used in the primary care safety net clinic capital loan guarantee act:
(a) "Act" means the primary care safety net clinic capital loan guarantee act;
(b) "community health center" means an entity that receives funding under section 330 of the federal health center consolidation act of 1996 and meets all of the requirements of 42 U.S.C. section 254b, relating to serving a population that is medically underserved, or a special medically underserved population comprised of migratory and seasonal agricultural workers, the homeless, and residents of public housing, by providing, either through staff and supporting resources of the center or through contracts or cooperative arrangements, all required primary health services as defined by 42 U.S.C. section 254b;
(c) "federally-qualified health center look-alike" means an entity which has been determined by the federal health resources and services administration to meet the definition of a federally qualified health center as defined by section 1905(l)(2)(B) of the federal social security act, but which does not receive funding under section 330 of the federal health center consolidation act of 1996;
(d) "financial institution" means any bank, trust company, savings bank, credit union or savings and loan association or any other financial institution regulated by the state of Kansas, any agency of the United States or other state with an office in Kansas which is approved by the secretary for the purposes of this act;
(e) "provider-based indigent care clinic" means a clinic located in a medicare-certified hospital, nursing facility or home health agency licensed under K.S.A. 65-425 et seq., 39-923 et seq. or 65-5101 et seq., and amendments thereto, designed to provide care to the medically indigent under the medical directions of a qualified person licensed to practice medicine and surgery and licensed by the Kansas board of healing arts; and which has a contractual agreement in effect with the secretary of health and environment under K.S.A. 75-6120, and amendments thereto, to provide health care services to medically indigent persons;
(f) "indigent health care clinic" means an outpatient medical care clinic operated on a not-for-profit basis which has a contractual agreement in effect with the secretary of health and environment under K.S.A. 75-6120, and amendments thereto, to provide health care services to medically indigent persons;
(g) "loan transaction" means a transaction with a financial institution or the Kansas development finance authority to provide capital financing for the renovation, construction, acquisition, modernization, leasehold improvement or equipping of a primary care safety net clinic;
(h) "medically indigent person" means a person who lacks resources to pay for medically necessary health care services and who meets the eligibility criteria for qualification as a medically indigent person established by the secretary of health and environment under K.S.A. 75-6120, and amendments thereto;
(i) "primary care safety net clinic" means a community health center, a federally-qualified health center look-alike, an indigent health care clinic or a provider-based indigent care clinic; and
(j) "secretary" means the secretary of health and environment.
History: L. 2007, ch. 177, § 6; L. 2008, ch. 164, § 8; July 1.
§ 65-7403 Powers and duties of secretary of health and environment; eligibility for loan guarantees; rules and regulations
(a) Except as otherwise provided in this section, the secretary is hereby authorized to enter into agreements with primary care safety net clinics, financial institutions, the Kansas development finance authority and other public or private entities, including agencies of the United States government to provide capital loan guarantees against risk of default for eligible primary care safety net clinics in Kansas in accordance with this act. Except as provided in K.S.A. 65-7406, and amendments thereto, for payment for a loan guarantee for which the primary care safety net clinic loan guarantee fund is liable, no claim against the state under this act shall be paid by the state, the secretary of health and environment or any other state agency other than pursuant to an appropriation act of the legislature after such claim has been filed with and considered by the joint committee on special claims against the state. The secretary may enter into agreements with provider-based indigent care clinics for such clinics to act as primary care safety net clinics.
(b) To be eligible for a capital loan guarantee under this act, a primary care safety net clinic shall offer a sliding fee discount for health care and other services provided that is based upon household income and shall serve all persons regardless of ability to pay. The policies to determine patient eligibility based upon income or insurance status may be determined by each primary care safety net clinic, but shall be posted in the primary care safety net clinic and available to potential patients. The patient eligibility policies of a primary care safety net clinic shall reflect the mission of the primary care safety net clinic to provide affordable, accessible primary care to underserved populations in Kansas to be eligible for a capital loan guarantee under this act.
(c) The secretary shall administer the provisions of this act and shall adopt rules and regulations which the secretary deems necessary for the implementation or administration of this act. The loan guarantee agreement with the secretary shall include reporting requirements and financial standards that are appropriate for the type of loan for the borrower. The secretary may enter into contracts that the secretary deems necessary for the implementation or administration of this act. The secretary may impose fees and charges as may be necessary to recover costs incurred for the administration of this act.
History: L. 2007, ch. 177, § 7; L. 2008, ch. 164, § 9; July 1.
§ 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.
§ 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.
§ 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.
§ 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.
Article 75 Applied Behavior Analysis
§ 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.
§ 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.
§ 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.
§ 65-7504 Denial, suspension or revocation of licensure; grounds
(a) The board may refuse to issue, renew or reinstate a license, may condition, limit, revoke or suspend a license, may publicly or privately censure a licensee or may impose a fine not to exceed $1,000 per violation upon a finding that a licensee or an applicant for licensure has:
(1) Used any controlled substance or alcoholic beverage to an extent that such use impairs such person's ability to perform the work of any profession licensed or regulated by this act.
(2) Been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any offense reasonably related to the qualifications, functions or duties of any professional licensed or regulated under this act, for any offense an essential element of which is fraud, dishonesty or an act of violence, or for any offense involving moral turpitude, whether or not a sentence is imposed.
(3) Used any fraud, deception or misrepresentation in securing any license issued under this act.
(4) Obtained or attempted to obtain any fee, charge, tuition or other compensation by fraud, deception or misrepresentation.
(5) Committed any act of incompetency, misconduct, gross negligence, fraud, misrepresentation or dishonesty in the performance of the functions or duties of any profession licensed by the board.
(6) Committed any violation of or assisted or enabled any person to violate any provision of this act or any rule and regulation promulgated thereunder.
(7) Impersonated any person holding a certificate of registration or authority, permit or license or allowed any other person to use such person's certificate of registration or authority, permit, license or diploma from any school.
(8) Been disciplined in any action by another state, territory, federal agency or country which would constitute grounds for a license issued under this act being suspended or revoked.
(9) Been finally adjudged insane or incapacitated by a court of competent jurisdiction.
(10) Assisted or enabled any person to practice or offer to practice any profession licensed or regulated by the board when such person is not eligible to practice such profession as required by law.
(11) Issued any certificate of registration or authority, permit or license based upon a material mistake of fact.
(12) Failed to display a valid certificate or license if so required by this act or any rules and regulations promulgated thereunder.
(13) Violated any professional trust or confidence.
(14) Used any advertisement or solicitation which is false, misleading or deceptive to the general public or persons to whom the advertisement or solicitation is primarily directed.
(15) Been found to have engaged in unprofessional conduct as defined by applicable rules and regulations adopted by the board.
(16) Violated any lawful order or directive of the board previously entered by the board.
(b) Administrative proceedings and disciplinary actions regarding licensure under the applied behavior analysis licensure act shall be conducted in accordance with the Kansas administrative procedure act. Judicial review and civil enforcement of agency actions under the applied behavior analysis licensure act shall be in accordance with the Kansas judicial review act.
History: L. 2014, ch. 62, § 5; L. 2023, ch. 90, § 27; July 1.
§ 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.
Article 76 Acupuncture Practice 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 65-7609 Renewal date of license; requirements to maintain license; notice of renewal and cancellation; cancellation of license; reinstatement of license; designation of license
(a) The license shall be canceled on March 31 of each year unless renewed in the manner prescribed by the board. In each case in which a license is renewed for a period of time of less than 12 months, the board may prorate the amount of the fee established under K.S.A. 65-7611, and amendments thereto. The request for renewal shall be on a form provided by the board and shall be accompanied by the prescribed fee, which shall be paid not later than the renewal date of the license.
(b) There is hereby created a designation of an active license. The board is authorized to issue an active license to any licensee who makes written application for such license on a form provided by the board and remits the fee established pursuant to K.S.A. 65-7611, and amendments thereto. The board shall require every active licensee to submit evidence of satisfactory completion of a program of continuing education required by the board. The requirements for continuing education for licensed acupuncturists shall be established by rules and regulations adopted by the board.
(c) The board, prior to renewal of a license, shall require an active licensee to submit to the board evidence satisfactory to the board that the licensee is maintaining a policy of professional liability insurance. The board shall fix by rules and regulations the minimum level of coverage for such professional liability insurance.
(d) At least 30 days before the renewal date of a licensee's license, the board shall notify the licensee of the renewal date by mail addressed to the licensee's last known mailing address. If the licensee fails to submit the renewal application and pay the renewal fee by the renewal date of the license, the licensee shall be given notice that the licensee has failed to submit the renewal application and pay the renewal fee by the renewal date of the license, that the license will be deemed canceled if not renewed within 30 days following the renewal date, that upon receipt of the renewal application and renewal fee and an additional late fee established by rules and regulations not to exceed $500 within the 30-day period, the license will not be canceled and that, if both fees are not received within the 30-day period, the license shall be deemed canceled by operation of law and without further proceedings.
(e) Any license canceled for failure to renew may be reinstated within two years of cancellation upon recommendation of the board and upon payment of the renewal fees then due and upon proof of compliance with the continuing education requirements established by the board by rules and regulations. Any person who has not been in the active practice of acupuncture for which reinstatement is sought or who has not been engaged in a formal educational program during the two years preceding the application for reinstatement may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(f) There is hereby created a designation of an exempt license. The board is authorized to issue an exempt license to any licensee who makes written application for such license on a form provided by the board and remits the fee established pursuant to K.S.A. 65-7611, and amendments thereto. The board may issue an exempt license to a person who is not regularly engaged in the practice of acupuncture in Kansas and who does not hold oneself out to the public as being professionally engaged in such practice. An exempt license shall entitle the holder to all privileges attendant to the practice of acupuncture for which such license is issued. Each exempt license may be renewed subject to the provisions of this section. Each exempt licensee shall be subject to all provisions of the acupuncture practice act, except as otherwise provided in this subsection. The holder of an exempt license may be required to submit evidence of satisfactory completion of a program of continuing education required by this section. The requirements for continuing education for exempt licensees shall be established by rules and regulations adopted by the board. Each exempt licensee may apply for an active license to regularly engage in the practice of acupuncture upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the license fee established pursuant to K.S.A. 65-7611, and amendments thereto. For the licensee whose license has been exempt for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for exempt licensees to become licensed to regularly practice acupuncture within Kansas. Any licensee whose license has been exempt for more than two years and who has not been in the active practice of acupuncture since the license has been exempt may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety. Nothing in this subsection shall be construed to prohibit a person holding an exempt license from serving as a paid employee of: (1) A local health department as defined by K.S.A.
65-241, and amendments thereto; or (2) an indigent health care clinic as defined by K.S.A.
75-6102, and amendments thereto.
(g) There is hereby created the designation of inactive license. The board is authorized to issue an inactive license to any licensee who makes written application for such license on a form provided by the board and remits the fee established pursuant to K.S.A. 65-7611, and amendments thereto. The board may issue an inactive license only to a person who is not regularly engaged in the practice of acupuncture in Kansas and who does not hold oneself out to the public as being professionally engaged in such practice. An inactive license shall not entitle the holder to practice acupuncture in this state. Each inactive license may be renewed subject to the provisions of this section. Each inactive licensee shall be subject to all provisions of the acupuncture practice act, except as otherwise provided in this subsection. The holder of an inactive license shall not be required to submit evidence of satisfactory completion of a program of continuing education required by subsection (b). Each inactive licensee may apply for an active license upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the license fee established pursuant to K.S.A. 65-7611, and amendments thereto. For those licensees whose licenses have been inactive for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for inactive licensees to become licensed to regularly practice acupuncture within Kansas. Any licensee whose license has been inactive for more than two years and who has not been in the active practice of acupuncture or engaged in a formal education program since the license has been inactive may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee's present ability to practice with reasonable skill and safety.
(h) This section shall take effect on and after July 1, 2017.
History: L. 2016, ch. 92, § 14; July 1.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 65-7616 Disciplinary action against licensee; grounds for discipline; procedure for discipline and conduct of administrative proceedings; confidentiality of certain investigatory records
(a) A licensee's license may be revoked, suspended, limited or placed on probation, or the licensee may be publicly censured, or an application for a license or for reinstatement of a license may be denied upon a finding of the existence of any of the following grounds:
(1) The licensee has committed an act of unprofessional conduct as defined by rules and regulations adopted by the board;
(2) the licensee has committed fraud or misrepresentation in applying for or securing an original, renewal or reinstated license;
(3) the licensee has committed an act of professional incompetency as defined by rules and regulations adopted by the board;
(4) the licensee has been convicted of a felony;
(5) the licensee has violated any provision of the acupuncture practice act;
(6) the licensee has violated any lawful order or rule and regulation of the board;
(7) the licensee has been found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or incompetent to stand trial by a court of competent jurisdiction;
(8) the licensee has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a peer review body, a health care facility, a professional association or society, a governmental agency, a law enforcement agency or a court for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(9) the licensee has surrendered a license or authorization to practice as an acupuncturist in another state or jurisdiction, has agreed to a limitation or restriction of privileges at any medical care facility or has surrendered the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(10) the licensee has failed to report to the board the surrender of the licensee's license or authorization to practice as an acupuncturist in another state or jurisdiction or the surrender of the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(11) the licensee has an adverse judgment, award or settlement rendered against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(12) the licensee has failed to report to the board any adverse judgment, settlement or award against the licensee resulting from a medical malpractice liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section; or
(13) the licensee's ability to practice with reasonable skill and safety to patients is impaired by reason of physical or mental illness, or use of alcohol, drugs or controlled substances. When reasonable suspicion of impairment exists, the board may take action in accordance with K.S.A. 65-2842, and amendments thereto. All information, reports, findings and other records relating to impairment shall be confidential and not subject to discovery by or release to any person or entity outside of a board proceeding.
(b) The denial, refusal to renew, suspension, limitation, probation or revocation of a license or other sanction may be ordered by the board upon a finding of a violation of the acupuncture practice act. All administrative proceedings conducted pursuant to this act shall be in accordance with the Kansas administrative procedure act and shall be reviewable in accordance with the Kansas judicial review act.
(c) This section shall take effect on and after July 1, 2017.
History: L. 2016, ch. 92, § 21; L. 2025, ch. 17, § 3; July 1.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
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