Session of 1998
SENATE BILL No. 622
By Committee on Public Health and Welfare
2-10
9
AN ACT providing for licensure of physician
assistants; providing for the
10 regulation of the
practice thereof; granting certain powers and impos-
11 ing certain duties
upon the state board of healing arts; amending K.S.A.
12 40-2,111, 65-118,
65-6135 and 75-6102 and K.S.A. 1997 Supp. 38-135,
13 65-4915, 65-6112 and
65-6701 and repealing the existing sections; also
14 repealing K.S.A.
65-2896a, 65-2896b, 65-2896c, 65-2896d, 65-2896e,
15 65-2896f, 65-2896g,
65-2896h, 65-2897a and 65-2897b and K.S.A.
16 1997 Supp.
65-2896.
17
18 Be it enacted by the Legislature of the
State of Kansas:
19 New Section 1. The
following words and phrases when used in sec-
20 tions 1 to 13, inclusive, and amendments
thereto, shall have the meanings
21 respectively ascribed to them in this
section:
22 (a) ``Board'' means the
state board of healing arts.
23 (b) ``Direction and
supervision'' means the guidance, direction and
24 coordination of activities of a physician
assistant by such person's respon-
25 sible physician, whether written or verbal,
whether immediate or by prior
26 arrangement, in accordance with standards
established by the board by
27 rules and regulations, which standards
shall be designed to ensure ade-
28 quate direction and supervision by the
responsible physician of the phy-
29 sician assistant. The term ``direction and
supervision'' shall not be con-
30 strued to mean that the immediate or
physical presence of the responsible
31 physician is required during the
performance of the physician assistant.
32 (c) ``Physician'' means
any person licensed by the state board of heal-
33 ing arts to practice medicine and
surgery.
34 (d) ``Physician
assistant'' means a skilled person who is licensed in
35 accordance with the provisions of section 3
and amendments thereto and
36 who is qualified by academic training to
provide patient services under
37 the direction and supervision of a
physician who is responsible for the
38 performance of that assistant.
39 (e) ``Responsible
physician'' means a physician who has accepted con-
40 tinuous and ultimate responsibility for the
medical services rendered and
41 actions of the physician assistant while
performing under the direction
42 and supervision of the responsible
physician.
43 (f) ``Professional
incompetency'' means:
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1 (1) One or more
instances involving failure to adhere to the appli-
2 cable standard of care to a degree
which constitutes gross negligence, as
3 determined by the board.
4 (2) Repeated
instances involving failure to adhere to the applicable
5 standard of care to a degree which
constitutes ordinary negligence, as
6 determined by the board.
7 (3) A pattern of
practice or other behavior which demonstrates a
8 manifest incapacity or incompetence
to practice medicine.
9
(g) ``Unprofessional conduct'' means:
10 (1) Solicitation of
professional patronage through the use of fraudu-
11 lent or false advertisements, or profiting
by the acts of those representing
12 themselves to be agents of the
licensee.
13 (2) Representing to a
patient that a manifestly incurable disease, con-
14 dition or injury can be permanently
cured.
15 (3) Assisting in the
care or treatment of a patient without the consent
16 of the patient, the attending physician or
the patient's legal representa-
17 tives.
18 (4) The use of any
letters, words or terms, as an affix, on stationery,
19 in advertisements or otherwise indicating
that such person is entitled to
20 practice a branch of the healing arts for
which such person is not licensed.
21 (5) Willful betrayal of
confidential information.
22 (6) Advertising
professional superiority or the performance of pro-
23 fessional services in a superior
manner.
24 (7) Advertising to
guarantee any professional service or to perform
25 any operation painlessly.
26 (8) Participating in any
action as a staff member of a medical care
27 facility which is designed to exclude or
which results in the exclusion of
28 any person licensed to practice medicine
and surgery from the medical
29 staff of a nonprofit medical care facility
licensed in this state because of
30 the branch of the healing arts practiced by
such person or without just
31 cause.
32 (9) Failure to
effectuate the declaration of a qualified patient as pro-
33 vided in subsection (a) of K.S.A.
65-28,107, and amendments thereto.
34 (10) Transmitting and
order for, dispensing, administering, selling,
35 supplying or giving any amphetamines or
sympathomimetic amines, ex-
36 cept as authorized by K.S.A. 65-2837a, and
amendments thereto.
37 (11) Conduct likely to
deceive, defraud or harm the public.
38 (12) Making a false or
misleading statement regarding the licensee's
39 skill or the efficacy or value of the drug,
treatment or remedy prescribed
40 by the licensee or at the licensee's
direction in the treatment of any dis-
41 ease or other condition of the body or
mind.
42 (13) Aiding or abetting
the practice of the healing arts by an unli-
43 censed, incompetent or impaired person.
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1 (14) Allowing
another person or organization to use the licensee's
2 license to practice as a physician
assistant.
3 (15) Commission of
any act of sexual abuse, misconduct or exploita-
4 tion related to the licensee's
professional practice.
5 (16) The use of
any false, fraudulent or deceptive statement in any
6 document connected with the practice
as a physician assistant including
7 the intentional falsifying or
fraudulent altering of a patient or medical
8 care facility record.
9 (17) Obtaining any
fee by fraud, deceit or misrepresentation.
10 (18) Directly or
indirectly giving or receiving any fee, commission,
11 rebate or other compensation for
professional services not actually and
12 personally rendered, other than through the
legal functioning of lawful
13 professional partnerships, corporations or
associations.
14 (19) Failure to transfer
patient records to another licensee when re-
15 quested to do so by the subject patient or
by such patient's legally des-
16 ignated representative.
17 (20) Performing
unnecessary tests, examinations or services which
18 have no legitimate medical purpose.
19 (21) Charging an
excessive fee for services rendered.
20 (22) Transmitting a
prescription order for, dispensing, administering,
21 distributing a prescription drug or
substance, including a controlled sub-
22 stance, in an excessive, improper or
inappropriate manner or quantity or
23 not in the course of the licensee's
professional practice.
24 (23) Repeated failure to
practice as a physician assistant with that
25 level of care, skill and treatment which is
recognized by a reasonably
26 prudent similar practitioner as being
acceptable under similar conditions
27 and circumstances.
28 (24) Failure to keep
written medical records which accurately de-
29 scribe the services rendered to the
patient, including patient histories,
30 pertinent findings, examination results and
test results.
31 (25) Using experimental
forms of therapy without proper informed
32 patient consent, without conforming to
generally accepted criteria or stan-
33 dard protocols, without keeping detailed
legible records or without having
34 periodic analysis of the study and results
reviewed by a committee of
35 peers.
36 (26) Transmitting a
prescription order for, dispensing, administering
37 or distributing an anabolic steroid or
human growth hormone for other
38 than a valid medical purpose. Bodybuilding,
muscle enhancement or in-
39 creasing muscle bulk or strength through
the use of an anabolic steroid
40 or human growth hormone by a person who is
in good health is not a
41 valid medical purpose.
42 (h) ``False
advertisement'' means any advertisement which is false,
43 misleading or deceptive in a material
respect. In determining whether
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1 any advertisement is misleading,
there shall be taken into account not
2 only representations made or
suggested by statement, word, design, de-
3 vice or sound, or any combination
thereof, but also the extent to which
4 the advertisement fails to reveal
facts material in the light of such rep-
5 resentations made.
6
(i) ``Advertisement'' means all representations disseminated
in any
7 manner or by any means, for the
purpose of inducing, or which are likely
8 to induce, directly or indirectly,
the purchase of professional services.
9 (j) ``Licensee''
for purposes of this section and section 4, and amend-
10 ments thereto, shall mean all persons
issued a license, permit or special
11 permit pursuant to sections 1 to 13,
inclusive, and amendments thereto.
12 (k) ``License'' for
purposes of this section and section 4, and amend-
13 ments thereto, shall mean any license,
permit or special permit granted
14 under sections 1 to 13, inclusive, and
amendments thereto.
15 New Sec. 2. (a) The
state board of healing arts shall maintain the
16 names of physician assistants licensed in
accordance with the provisions
17 of section 3 and amendments thereto.
18 (b) All licenses, except
temporary licenses, shall expire on the date of
19 expiration established by rules and
regulations of the state board of heal-
20 ing arts and may be renewed annually upon
request of the licensee. The
21 request for renewal shall be on a form
provided by the state board of
22 healing arts and shall be accompanied by
the renewal fee established
23 pursuant to this section, which shall be
paid not later than the expiration
24 date of the license.
25 (c) At least 30 days
before the expiration of the license of a physician
26 assistant, except temporary license, the
state board of healing arts shall
27 notify the licensee of the expiration by
mail addressed to the licensee's
28 last place of residence as noted upon the
office records of the board. If
29 the licensee fails to pay the renewal fee
by the date of expiration of the
30 license, the licensee shall be given a
second notice that the licensee's
31 license has expired and the license may be
renewed only if the renewal
32 fee and the late renewal fee are received
by the state board of healing
33 arts within the 30-day period following the
date of expiration and that, if
34 both fees are not received within the
30-day period, the license shall be
35 considered to have lapsed for failure to
renew and shall be reissued only
36 after the physician assistant has been
reinstated under subsection (d).
37 (d) Any licensee who
allows the licensee's license to lapse by failing
38 to renew as herein provided may be
reinstated upon recommendation of
39 the state board of healing arts and upon
payment of the renewal fee and
40 the reinstatement fee and upon submitting
evidence of satisfactory com-
41 pletion of any applicable continuing
education requirements established
42 by the board. The board shall adopt rules
and regulations establishing
43 appropriate continuing education
requirements for reinstatement of per-
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1 sons whose licenses have lapsed for
failure to renew.
2 (e) The following
fees shall be fixed by rules and regulations adopted
3 by the state board of healing arts
and shall be collected by the board:
4 (1) For licensure
as a physician assistant, the sum of not more than
5 $200;
6 (2) for temporary
licensure as a physician assistant, the sum of not
7 more than $30;
8 (3) for the
renewal of license as a physician assistant, the sum of not
9 more than $150;
10 (4) for the late renewal
of license as a physician assistant, the sum of
11 not more than $250;
12 (5) for reinstatement of
a physician assistant whose license has been
13 canceled, the sum of not more than
$250;
14 (6) for a certified
statement from the board that a physician assistant
15 is licensed in this state, the sum of not
more than $30;
16 (7) for a copy of the
licensure certificate of a physician assistant, the
17 sum of not more than $25; and
18 (8) for written
verification of any license, the sum of not more than
19 $25.
20 (f) The state board of
healing arts shall remit all moneys received by
21 or for the board under the provisions of
this act to the state treasurer and
22 such money shall be deposited in the state
treasury, credited to the state
23 general fund and the healing arts fee fund
and expended all in accordance
24 with K.S.A. 65-2855 and amendments
thereto.
25 (g) The state board of
healing arts may adopt rules and regulations
26 necessary to carry out the provisions of
this act and the act of which this
27 section is amendatory.
28 New Sec. 3. (a) No
person shall be licensed as a physician assistant
29 by the state board of healing arts unless
such person has:
30 (1) Presented to the
state board of healing arts proof of graduation
31 from an accredited high school or the
equivalent thereof;
32 (2) presented to the
state board of healing arts proof that the appli-
33 cant has successfully completed a course of
education and training ap-
34 proved by the state board of healing arts
for the education and training
35 of a physician assistant or presented to
the state board of healing arts
36 proof that the applicant has acquired
experience while serving in the
37 armed forces of the United States which
experience is equivalent to the
38 minimum experience requirements established
by the state board of heal-
39 ing arts;
40 (3) passed an
examination approved by the state board of healing arts
41 covering subjects incident to the education
and training of a physician
42 assistant;
43 (4) presented to the
state board of healing arts a request signed by
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1 the applicant's proposed responsible
physician on a form provided by the
2 board which shall contain such
information as required by rules and reg-
3 ulations adopted by the board;
4 (5) certified that
no licensure, certification or registration as a phy-
5 sician assistant is under current
discipline, revocation, suspension or pro-
6 bation for cause resulting from the
applicant's practice as a physician
7 assistant, unless the state board of
healing arts considers such condition
8 and agrees to licensure; and
9 (6) submitted to
the state board of healing arts any other information
10 the state board of healing arts deems
necessary to evaluate the applicant's
11 qualifications.
12 (b) The board may refuse
to license a person as a physician assistant
13 upon any of the grounds for which the board
may revoke such license.
14 (c) A physician
assistant shall at the time of initial licensure and any
15 renewal thereof present to the state board
of healing arts the name and
16 address of such person's responsible
physician. Whenever a physician
17 assistant shall cease to be employed by the
responsible physician, such
18 responsible physician shall notify the
state board of healing arts of such
19 termination. Whenever a physician assistant
shall seek to obtain a new
20 responsible physician prior to the renewal
of the physician assistant's an-
21 nual license, such proposed responsible
physician shall notify the state
22 board of healing arts of such prospective
employment and shall provide
23 a request as required by subsection (a)(4).
All such notifications shall be
24 given to the state board of healing arts as
soon as practicable but not be
25 less than 10 days prior to the prospective
date of employment.
26 (d) The state board of
healing arts shall require every physician as-
27 sistant to submit with the renewal
application evidence of satisfactory
28 completion of a program of continuing
education required by the state
29 board of healing arts. The state board of
healing arts by duly adopted
30 rules and regulations shall establish the
requirements for such program
31 of continuing education as soon as possible
after the effective date of this
32 act. In establishing such requirements the
state board of healing arts shall
33 consider any existing programs of
continuing education currently being
34 offered to physician assistants.
35 (e) A person whose name
has been entered on the register of phy-
36 sician assistants prior to the effective
date of this act shall not be subject
37 to the provisions of subsection (a), unless
such person's name has been
38 removed from the register of physician
assistants pursuant to the provi-
39 sions of section 4 and amendments thereto.
A person registered as a
40 physician assistant on the day preceding
the effective date of this act shall
41 be deemed to be a licensed physician
assistant under this act, and such
42 person shall not be required to file an
original application under this act
43 for a license.
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1 New Sec. 4. A
licensee's license may be revoked, suspended or lim-
2 ited, or the license may be publicly
or privately censured, or an applicant
3 for a license or for reinstatement of
a license may be denied upon a
4 finding of the existence of any of
the following grounds:
5 (a) The licensee
has committed fraud or misrepresentation in apply-
6 ing for or securing an original,
renewal or reinstated license.
7 (b) The licensee
has committed an act of unprofessional or dishon-
8 orable conduct or professional
incompetency.
9 (c) The licensee
has been convicted of a felony or class A misde-
10 meanor, whether or not related to the
provisions of this act.
11 (d) The licensee has
used fraudulent or false advertisements.
12 (e) The licensee is
addicted to or has distributed intoxicating liquors
13 or drugs for any other than lawful
purposes.
14 (f) The licensee has
willfully or repeatedly violated the provisions of
15 this act, the pharmacy act of the state of
Kansas or the uniform controlled
16 substances act, or any rules and
regulations adopted pursuant thereto, or
17 any rules and regulations of the secretary
of health and environment
18 which are relevant to the provisions of
this act.
19 (g) The licensee has
unlawfully invaded the field of practice of any
20 branch of the healing arts in which the
licensee is not licensed to practice.
21 (h) The licensee has
engaged in the practice as a physician assistant
22 under a false or assumed name, or the
impersonation of another practi-
23 tioner. The provisions of this subsection
relating to an assumed name
24 shall not apply to licensees practicing
under a professional corporation or
25 other legal entity duly authorized to
provide such professional services in
26 the state of Kansas.
27 (i) The licensee has had
a license or authorization to practice the
28 healing arts revoked, suspended or limited,
has been censured or has had
29 other disciplinary action taken, or an
application for a license denied, by
30 the proper licensing authority of another
state, territory, District of Co-
31 lumbia or other country, a certified copy
of the record of the action of
32 the other jurisdiction being conclusive
evidence thereof.
33 (j) The licensee has
violated any lawful rule and regulation promul-
34 gated by the board or violated any lawful
order or directive of the board
35 previously entered by the board.
36 (k) The licensee has
cheated on or attempted to subvert the validity
37 of the examination for a license.
38 (l) The licensee has
transmitted a prescription order for, sold, ad-
39 ministered, distributed or given a
controlled substance to any person for
40 other than medically accepted or lawful
purposes.
41 (m) The licensee has
intentionally violated a federal law or regulation
42 relating to controlled substances.
43 (n) The licensee has
failed to furnish the board, or its investigators
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1 or representatives, any information
legally requested by the board.
2 (o) Sanctions or
disciplinary actions have been taken against the li-
3 censee by a peer review committee,
health care facility, a governmental
4 agency or department or a
professional association or society for acts or
5 conduct similar to acts or conduct
which would constitute grounds for
6 disciplinary action under this
section.
7 (p) The licensee
has failed to report to the board any adverse action
8 taken against the licensee by another
state or licensing jurisdiction, a peer
9 review body, a health care facility,
a professional association or society, a
10 governmental agency, a law enforcement
agency or a court for acts or
11 conduct similar to acts or conduct which
would constitute grounds for
12 disciplinary action under this section.
13 (q) The licensee has
surrendered a license or authorization to practice
14 as a physician assistant in another state
or jurisdiction, has surrendered
15 the authority to utilize controlled
substances issued by any state or federal
16 agency, has agreed to a limitation to or
restriction of privileges at any
17 medical care facility or has surrendered
the licensee's membership on any
18 professional staff or in any professional
association or society while under
19 investigation for acts or conduct similar
to acts or conduct which would
20 constitute grounds for disciplinary action
under this section.
21 (r) The licensee has
failed to report to the board surrender of the
22 licensee's license or authorization to
practice as a physician assistant in
23 another state or jurisdiction or surrender
of the licensee's membership
24 on any professional staff or in any
professional association or society while
25 under investigation for acts or conduct
similar to acts or conduct which
26 would constitute grounds for disciplinary
action under this section.
27 (s) The licensee has an
adverse judgment, award or settlement against
28 the licensee resulting from a medical
liability claim related to acts or
29 conduct similar to acts or conduct which
would constitute grounds for
30 disciplinary action under this section.
31 (t) The licensee has
failed to report to the board any adverse judg-
32 ment, settlement or award against the
licensee resulting from a medical
33 malpractice liability claim related to acts
or conduct similar to acts or
34 conduct which would constitute grounds for
disciplinary action under this
35 section.
36 (u) The licensee has
knowingly submitted any misleading, deceptive,
37 untrue or fraudulent representation on a
claim form, bill or statement.
38 New Sec. 5. (a) All
administrative proceedings provided for under
39 sections 1 to 13, inclusive, and amendments
thereto which affect any
40 licensee licensed under such sections shall
be conducted in accordance
41 with the provisions of the Kansas
administrative procedure act.
42 (b) Judicial review and
civil enforcement of any agency action under
43 sections 1 to 13, inclusive, and amendments
thereto, shall be in accord-
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1 ance with the act for judicial review
and civil enforcement of agency
2 actions.
3 New
Sec. 6. (a) It shall be unlawful for any person who is
not licensed
4 under this act, or whose license has
been revoked or suspended to engage
5 in the practice as a physician
assistant as defined by this act.
6 (b) This section
shall not apply to any person performing services
7 pursuant to section 11 and amendments
thereto.
8 (c) No person
shall use any title, abbreviation, letters, figures, sign,
9 card or device to indicate that any
person is a licensed physician assistant,
10 nor shall any person represent oneself to
be a licensed physician assistant
11 unless such person has been duly licensed
as a physician assistant in ac-
12 cordance with the provisions of this
act.
13 (d) An unlicensed
physician shall not be permitted to use the title of
14 ``physician assistant'' or to practice as a
physician assistant unless such
15 person has complied with the provisions of
this act.
16 (e) Any person violating
the provisions of this section shall be guilty
17 of a class C misdemeanor.
18 New Sec. 7. (a) The
state board of healing arts shall provide for the
19 temporary licensure of any physician
assistant who has made proper ap-
20 plication for licensure, has the required
qualifications for licensure, except
21 for examination, and has paid the
prescribed license fee. Such temporary
22 license shall authorize the person so
licensed to provide patient services
23 within the limits of the temporary
license.
24 (b) A temporary license
is valid:
25 (1) For one year from
the date of issuance;
26 (2) until the date the
results of the applicant's examination become
27 available; or
28 (3) until the state
board of healing arts makes a final determination
29 on the applicant's request for
licensure.
30 (c) The state board of
healing arts may extend a temporary license,
31 upon a majority vote of the members of the
board, for a period not to
32 exceed one year. Under no circumstances may
the board of healing arts
33 grant more than one extension of a
temporary license.
34 New Sec. 8. (a) The
practice of a physician assistant shall include
35 medical services within the education,
training and experience of the phy-
36 sician assistant that are delegated by the
supervising physician. Physician
37 assistants practice in a dependent role
with a responsible physician, and
38 may perform those duties and
responsibilities through delegated authority
39 or written protocol. Medical services
rendered by a physician assistant
40 may include but are not limited to:
41 (1) Obtaining patient
histories, performing physical examinations and
42 health assessments;
43 (2) ordering or
performing diagnostic and therapeutic procedures;
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1 (3) formulating
diagnosis;
2 (4) developing and
implementing a treatment plan;
3 (5) monitoring the
effectiveness of therapeutic interventions;
4 (6) assisting in
surgery;
5 (7) offering
counseling and education to meet the patient needs; and
6 (8) making
appropriate referral.
7 The activities listed above may be
performed in any setting authorized by
8 the responsible physician, including
but not limited to: Clinics, hospi-
9 tals, ambulatory surgical centers,
patient homes, nursing homes and other
10 medical institutions.
11 (b) Physician assistants
shall be considered the agents of their super-
12 vising physician in the performance of all
practice-related activities, in-
13 cluding but not limited to, the ordering of
diagnostic, therapeutic and
14 other medical services.
15 (c) A person licensed as
a physician assistant may perform, only under
16 the direction and supervision of a
physician, acts which constitute the
17 practice of medicine and surgery to the
extent and in the manner au-
18 thorized by the physician responsible for
the physician assistant and only
19 to the extent such acts are consistent with
rules and regulations adopted
20 by the board which relate to acts performed
by a physician assistant under
21 the responsible physician's direction and
supervision. A physician assistant
22 may not prescribe drugs but may transmit a
prescription order for drugs
23 pursuant to a written protocol as
authorized by the responsible physician.
24 (d) Before a physician
assistant shall perform under the direction and
25 supervision of a physician, such physician
assistant shall be identified to
26 the patient and others involved in
providing the patient services as a
27 physician assistant to the responsible
physician. Physician assistants li-
28 censed under the provisions of this act
shall keep their license available
29 for inspection at their primary place of
business. A physician assistant may
30 not perform any act or procedure performed
in the practice of optometry
31 except as provided in K.S.A. 65-1508 and
65-2887 and amendments
32 thereto.
33 (e) The board shall
adopt rules and regulations governing the trans-
34 mitting of prescription orders for drugs by
physician assistants and the
35 responsibilities of the responsible
physician with respect thereto. Such
36 rules and regulations shall establish such
conditions and limitations as the
37 board determines to be necessary to protect
the public health and safety.
38 In developing rules and regulations
relating to the transmitting of pre-
39 scription orders for drugs by physician
assistants, the board shall take into
40 consideration the amount of training and
capabilities of physician assis-
41 tants, the different practice settings in
which physician assistants and re-
42 sponsible physicians practice, the degree
of direction and supervision to
43 be provided by a responsible physician and
the needs of the geographic
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1 area of the state in which the
physician assistant and the responsible
2 physician practice. In all cases in
which a physician assistant is authorized
3 to transmit prescription orders for
drugs by a responsible physician, a
4 written protocol between the
responsible physician and the physician as-
5 sistant containing the essential
terms of such authorization shall be in
6 effect. In no case shall the scope of
the authority of the physician assistant
7 to transmit prescription orders for
drugs exceed the normal and custom-
8 ary practice of the responsible
physician in the prescribing of drugs.
9 (f) Physician
assistants may authenticate with their signature any form
10 that may be authenticated by a physician's
signature.
11 New Sec. 9. (a) If
a responsible physician temporarily leaves the cus-
12 tomary area of practice, the responsible
physician shall, by prior arrange-
13 ment, designate a physician who shall
provide direction and supervision
14 to the physician assistant of such
responsible physician.
15 (b) Nothing in this act
shall be construed to prohibit the rendering
16 of services by a physician assistant in a
setting geographically remote from
17 the supervising physician.
18 New Sec. 10. No
responsible physician shall have under such per-
19 son's direction and supervision more than
two physician assistants.
20 New Sec. 11. (a)
Nothing in this act shall prohibit a medical care
21 facility from employing physician
assistants, provided such physician as-
22 sistants shall be under the direction and
supervision of a responsible phy-
23 sician. The limitation on the number of
physician assistants in section 9
24 and amendments thereto shall not apply to
services performed in a med-
25 ical care facility.
26 (b) Nothing in this act
shall be construed to limit the authority of the
27 governing body of a medical care facility
to establish rules governing the
28 conduct and qualifications of physician
assistants performing acts within
29 the medical care facility.
30 New Sec. 12. The
provisions of sections 1 to 13, inclusive, and
31 amendments thereto, shall not be construed
to include the following per-
32 sons:
33 (a) Persons rendering
services in the case of an emergency.
34 (b) Persons gratuitously
administering ordinary household remedies.
35 (c) The members of any
church practicing their religious tenets pro-
36 vided they shall not be exempt from
complying with all public health
37 regulations of the state.
38 (d) Students while in
actual classroom attendance in an accredited
39 healing arts school who after completing
one year's study treat diseases
40 under the supervision of a licensed
instructor.
41 (e) Students upon the
completion of at least three year's study in an
42 accredited healing arts school and who, as
a part of their academic
43 requirements for a degree, serve a
preceptorship not to exceed 90 days
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1 under the supervision of a licensed
practitioner.
2 (f) Persons who
massage for the purpose of relaxation, muscle con-
3 ditioning or figure improvement, so
long as no drugs are used and such
4 persons do not hold themselves out to
be physicians or healers.
5 (g) Persons whose
professional services are performed under the di-
6 rect and personal supervision or by
order of or referral from a practitioner
7 who is licensed under this act.
8 (h) Persons in the
general fields of psychology, education and social
9 work, dealing with the social,
psychological and moral well-being of in-
10 dividuals or groups, or both, so long as
they do not use drugs and do not
11 hold themselves out to be the physicians,
surgeons, osteopathic physicians
12 or chiropractors.
13 (i) Practitioners of the
healing arts in the United States army, navy,
14 air force, public health service and coast
guard or other military service
15 when acting in the line of duty in this
state.
16 (j) Practitioners of the
healing arts licensed in another state when and
17 while incidentally called into this state
in consultation with practitioners
18 licensed in this state, or residing on the
border of a neighboring state,
19 duly licensed under the laws thereof to
practice a branch of the healing
20 arts, but who do not open an office or
maintain or appoint a place to
21 regularly meet patients or to receive calls
within this state.
22 (k) Dentists practicing
their professions, when licensed and practic-
23 ing in accordance with the provisions of
article 14 of chapter 65 of the
24 Kansas Statutes Annotated, or amendments
thereto, and any interpreta-
25 tion thereof by the supreme court of this
state.
26 (l) Optometrists
practicing their professions, when licensed and prac-
27 ticing under and in accordance with the
provisions of article 15 of chapter
28 65 of the Kansas Statutes Annotated, or
amendments thereto, and any
29 interpretation thereof by the supreme court
of this state.
30 (m) Nurses practicing
their profession when licensed and practicing
31 under and in accordance with the provisions
of article 11 of chapter 65
32 of the Kansas Statutes Annotated, or
amendments thereto, and any in-
33 terpretation thereof by the supreme court
of this state.
34 (n) Podiatrists
practicing their profession, when licensed and practic-
35 ing under and in accordance with the
provisions of article 20 of chapter
36 65 of the Kansas Statutes Annotated, or
amendments thereto, and any
37 interpretation thereof by the supreme court
of this state.
38 (o) Every act or
practice falling in the field of the healing arts, not
39 specifically excepted herein, shall
constitute the practice thereof.
40 (p) Pharmacists
practicing their profession, when licensed and prac-
41 ticing under and in accordance with the
provisions of article 16 of chapter
42 65 of the Kansas Statutes Annotated, or
amendments thereto, and any
43 interpretation thereof by the supreme court
of this state.
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1 (q) A dentist
licensed in accordance with the provisions of article 14
2 of chapter 65 of the Kansas Statutes
Annotated who administers general
3 and local anesthetics to facilitate
medical procedures conducted by a per-
4 son licensed to practice medicine and
surgery if such dentist is certified
5 by the board of healing arts under
K.S.A. 65-2899 and amendments
6 thereto to administer such general
and local anesthetics.
7 New
Sec. 13. (a) There is established a physician assistant
council to
8 advise the board in carrying out the
provisions of sections 1 to 13, inclu-
9 sive, and amendments thereto. The
council shall consist of five members,
10 all citizens and residents of the state of
Kansas appointed as follows: One
11 member shall be a physician appointed by
the state board of healing arts
12 who is a responsible physician for a
physician assistant; one member shall
13 be the president of the state board of
healing arts or a person designated
14 by the president; and three members shall
be licensed physician assistants
15 appointed by the governor. The governor,
insofar as possible, shall ap-
16 point persons from different geographical
areas and persons who repre-
17 sent various types of practice settings. If
a vacancy occurs on the council,
18 the appointing authority of the position
which has become vacant shall
19 appoint a person of like qualifications to
fill the vacant position for the
20 unexpired term, if any. The Kansas academy
of physician assistants shall
21 recommend the names of licensed physician
assistants to the governor in
22 a number equal to at least twice the
positions or vacancies to be filled,
23 and the governor may appoint members to
fill the positions or vacancies
24 from the submitted list. Members of the
council appointed by the gov-
25 ernor on and after the effective date of
this act shall be appointed for
26 terms of three years and until their
successors are appointed and qualified
27 except that of the members first appointed
by the governor on or after
28 the effective date of this act one shall be
appointed for a term of one
29 year, one shall be appointed for a term of
two years and one shall be
30 appointed for a term of three years, as
designated by the governor. The
31 member appointed by the state board of
healing arts shall serve at the
32 pleasure of the state board of healing
arts. A member designated by the
33 president of the state board of healing
arts shall serve at the pleasure of
34 the president.
35 (b) Members of the
council attending meetings of the council, or
36 attending a subcommittee meeting thereof
authorized by the council,
37 shall be paid amounts provided in
subsection (e) of K.S.A. 75-3223 and
38 amendments thereto from the healing arts
fee fund.
39 Sec. 14. K.S.A.
1997 Supp. 38-135 is hereby amended to read as
40 follows: 38-135. As used in this act:
41 (a) ``Health care
provider'' means a person licensed to practice med-
42 icine and surgery by the state board of
healing arts, a person who holds
43 a temporary permit to practice medicine and
surgery issued by the state
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14
1 board of healing arts, a person
engaged in a postgraduate training pro-
2 gram in medicine and surgery approved
by the state board of healing arts,
3 a medical care facility licensed by
the department of health and environ-
4 ment, a health maintenance
organization issued a certificate of authority
5 by the commissioner of insurance, a
licensed professional nurse, a li-
6 censed practical nurse, a
(Rx)gistered physician's licensed
physician assis-
7 tant, a professional corporation
organized pursuant to the professional
8 corporation law of Kansas by persons
who are authorized by such law to
9 form such a corporation and who are
health care providers as defined by
10 this subsection, a Kansas limited liability
company organized for the pur-
11 pose of rendering professional services by
its members who are health
12 care providers as defined by this
subsection and who are legally author-
13 ized to render the professional services
for which the limited liability
14 company is organized, a partnership of
persons who are health care pro-
15 viders as defined by this subsection or a
Kansas not-for-profit corporation
16 organized for the purpose of rendering
professional services by persons
17 who are health care providers as defined by
this subsection.
18 (b) ``Parent''
means:
19 (1) A minor's parent by
birth or adoption;
20 (2) a minor's legal
guardian; or
21 (3) any person who under
court order is authorized to give consent
22 for a minor.
23 Sec. 15. K.S.A.
40-2,111 is hereby amended to read as follows: 40-
24 2,111. As used in K.S.A. 40-2,111 through
40-2,113, and amendments
25 thereto: (a) ``Adverse underwriting
decision'' means: Any of the following
26 actions with respect to insurance
transactions involving insurance cover-
27 age which is individually underwritten:
28 (1) A declination of
insurance coverage;
29 (2) a termination of
insurance coverage;
30 (3) an offer to insure
at higher than standard rates, with respect to
31 life, health or disability insurance
coverage; or
32 (4) the charging of a
higher rate on the basis of information which
33 differs from that which the applicant or
policyholder furnished, with re-
34 spect to property or casualty insurance
coverage.
35 (b) ``Declination of
insurance coverage'' means a denial, in whole or
36 in part, by an insurance company or agent
of requested insurance cov-
37 erage.
38 (c) ``Health care
institution'' means any medical care facility, adult
39 care home, drug abuse and alcoholic
treatment facility, home-health
40 agency certified for federal reimbursement,
mental health center or men-
41 tal health clinic licensed by the secretary
of social and rehabilitation serv-
42 ices, kidney disease treatment center,
county, city-county or multicounty
43 health departments and health-maintenance
organization.
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1 (d) ``Health care
provider'' means any person licensed to practice any
2 branch of the healing arts, licensed
dentist, licensed professional nurse,
3 licensed practical nurse, advanced
registered nurse practitioner, licensed
4 optometrist, registered physical
therapist, licensed social worker,
(Rx)gis-
5 tered physicians'
licensed physician assistant, licensed podiatrist or li-
6 censed psychologist.
7
(e) ``Institutional source'' means any natural person,
corporation, as-
8 sociation, partnership or
governmental or other legal entity that provides
9 information about an individual to an
agent or insurance company, other
10 than:
11 (1) An agent;
12 (2) the individual who
is the subject of the information; or
13 (3) a natural person
acting in a personal capacity rather than a busi-
14 ness or professional capacity.
15 (f) ``Insurance
transaction'' means any transaction involving insur-
16 ance, but not including group insurance
coverage, primarily for personal,
17 family or household needs rather than
business or professional needs.
18 (g) ``Medical-record
information'' means personal information which:
19 (1) Relates to an
individual's physical or mental condition, medical
20 history or medical treatment; and
21 (2) is obtained from a
health care provider or health care institution,
22 from the individual, or from the
individual's spouse, parent or legal guard-
23 ian.
24 (h) ``Termination of
insurance coverage'' or ``termination of an insur-
25 ance policy'' means either a cancellation,
nonrenewal or lapse of an in-
26 surance policy, in whole or in part, for
any reason other than:
27 (1) The failure to pay a
premium as required by the policy ; or
28 (2) at the request or
direction of the insured.
29 Sec. 16. K.S.A.
65-118 is hereby amended to read as follows: 65-118.
30 (a) Whenever any person licensed to
practice the healing arts or engaged
31 in a postgraduate training program approved
by the state board of healing
32 arts, licensed dentist,
(phone)ysician's assistant whose name has been
entered
33 on the register of physicians'
assistants by the state board of healing arts
34 licensed physician assistant,
licensed social worker, teacher or school ad-
35 ministrator knows or has information
indicating that a person is suffering
36 from or has died from an infectious or
contagious disease, such knowledge
37 or information shall be reported
immediately to the county or joint board
38 of health or the local health officer,
together with the name and address
39 of the person who has or is suspected of
having the infectious or conta-
40 gious disease, or the name and former
address of the deceased individual
41 who had or was suspected of having such a
disease.
42 (b) Any person who is an
individual member of a class of persons
43 designated under subsection (a) of this
section and who reports the in-
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16
1 formation required to be reported
under such subsection in good faith
2 and without malice to a county or
joint board of health or a local health
3 officer shall have immunity from any
liability, civil or criminal, that might
4 otherwise be incurred or imposed in
an action resulting from such report.
5 Any such person shall have the same
immunity with respect to partici-
6 pation in any judicial proceeding
resulting from such report.
7 (c) Information
required to be reported under subsection (a) of this
8 section shall be confidential and
shall not be disclosed or made public,
9 upon subpoena or otherwise, beyond
the requirements of subsection (a)
10 of this section or subsection (a) of K.S.A.
65-119, except such information
11 may be disclosed: (1) If no person can be
identified in the information to
12 be disclosed and the disclosure is for
statistical purposes;
13 (2) if all persons who
are identifiable in the information to be dis-
14 closed consent in writing to its
disclosure;
15 (3) if the disclosure is
necessary, and only to the extent necessary, to
16 protect the public health;
17 (4) if a medical
emergency exists and the disclosure is to medical
18 personnel qualified to treat infectious or
contagious diseases. Any infor-
19 mation disclosed pursuant to this paragraph
shall be disclosed only to the
20 extent necessary to protect the health or
life of a named party; or
21 (5) if the information
to be disclosed is required in a court proceeding
22 involving child abuse and the information
is disclosed in camera.
23 Sec. 17. K.S.A.
1997 Supp. 65-4915 is hereby amended to read as
24 follows: 65-4915. (a) As used in this
section:
25 (1) ``Health care
provider'' means: (A) Those persons and entities
26 defined as a health care provider under
K.S.A. 40-3401 and amendments
27 thereto; and (B) a dentist licensed by the
Kansas dental board, a dental
28 hygienist licensed by the Kansas dental
board, a professional nurse li-
29 censed by the board of nursing, a practical
nurse licensed by the board
30 of nursing, a mental health technician
licensed by the board of nursing,
31 a physical therapist assistant certified by
the state board of healing arts,
32 an occupational therapist registered by the
state board of healing arts, an
33 occupational therapy assistant registered
by the state board of healing
34 arts, a respiratory therapist registered by
the state board of healing arts,
35 a
(phone)ysician's physician
assistant (Rx)gistered licensed
by the state board of
36 healing arts and attendants and ambulance
services certified by the emer-
37 gency medical services board.
38 (2) ``Health care
provider group'' means:
39 (A) A state or local
association of health care providers or one or more
40 committees thereof;
41 (B) the board of
governors created under K.S.A. 40-3403 and amend-
42 ments thereto;
43 (C) an organization of
health care providers formed pursuant to state
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17
1 or federal law and authorized to
evaluate medical and health care services;
2 (D) a review
committee operating pursuant to K.S.A. 65-2840b
3 through 65-2840d, and amendments
thereto;
4 (E) an organized
medical staff of a licensed medical care facility as
5 defined by K.S.A. 65-425 and
amendments thereto, an organized medical
6 staff of a private psychiatric
hospital licensed under K.S.A. 75-3307b and
7 amendments thereto or an organized
medical staff of a state psychiatric
8 hospital or state institution for the
mentally retarded, as follows: Larned
9 state hospital, Osawatomie state
hospital, Rainbow mental health facility,
10 Topeka state hospital, Kansas neurological
institute, Norton state hospital,
11 Parsons state hospital and training center
and Winfield state hospital and
12 training center;
13 (F) a health care
provider;
14 (G) a professional
society of health care providers or one or more
15 committees thereof;
16 (H) a Kansas corporation
whose stockholders or members are health
17 care providers or an association of health
care providers, which corpora-
18 tion evaluates medical and health care
services; or
19 (I) an insurance
company, health maintenance organization or ad-
20 ministrator of a health benefits plan which
engages in any of the functions
21 defined as peer review under this
section.
22 (3) ``Peer review''
means any of the following functions:
23 (A) Evaluate and improve
the quality of health care services rendered
24 by health care providers;
25 (B) determine that
health services rendered were professionally in-
26 dicated or were performed in compliance
with the applicable standard of
27 care;
28 (C) determine that the
cost of health care rendered was considered
29 reasonable by the providers of professional
health services in this area;
30 (D) evaluate the
qualifications, competence and performance of the
31 providers of health care or to act upon
matters relating to the discipline
32 of any individual provider of health
care;
33 (E) reduce morbidity or
mortality;
34 (F) establish and
enforce guidelines designed to keep within reason-
35 able bounds the cost of health care;
36 (G) conduct of
research;
37 (H) determine if a
hospital's facilities are being properly utilized;
38 (I) supervise,
discipline, admit, determine privileges or control mem-
39 bers of a hospital's medical staff;
40 (J) review the
professional qualifications or activities of health care
41 providers;
42 (K) evaluate the
quantity, quality and timeliness of health care serv-
43 ices rendered to patients in the
facility;
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1 (L) evaluate,
review or improve methods, procedures or treatments
2 being utilized by the medical care
facility or by health care providers in
3 a facility rendering health care.
4 (4) ``Peer review
officer or committee'' means:
5 (A) An individual
employed, designated or appointed by, or a com-
6 mittee of or employed, designated or
appointed by, a health care provider
7 group and authorized to perform peer
review; or
8 (B) a health care
provider monitoring the delivery of health care at
9 correctional institutions under the
jurisdiction of the secretary of correc-
10 tions.
11 (b) Except as provided
by K.S.A. 60-437 and amendments thereto
12 and by subsections (c) and (d), the
reports, statements, memoranda, pro-
13 ceedings, findings and other records
submitted to or generated by peer
14 review committees or officers shall be
privileged and shall not be subject
15 to discovery, subpoena or other means of
legal compulsion for their re-
16 lease to any person or entity or be
admissible in evidence in any judicial
17 or administrative proceeding. Information
contained in such records shall
18 not be discoverable or admissible at trial
in the form of testimony by an
19 individual who participated in the peer
review process. The peer review
20 officer or committee creating or initially
receiving the record is the holder
21 of the privilege established by this
section. This privilege may be claimed
22 by the legal entity creating the peer
review committee or officer, or by
23 the commissioner of insurance for any
records or proceedings of the
24 board of governors.
25 (c) Subsection (b) shall
not apply to proceedings in which a health
26 care provider contests the revocation,
denial, restriction or termination
27 of staff privileges or the license,
registration, certification or other au-
28 thorization to practice of the health care
provider. A licensing agency in
29 conducting a disciplinary proceeding in
which admission of any peer re-
30 view committee report, record or testimony
is proposed shall hold the
31 hearing in closed session when any such
report, record or testimony is
32 disclosed. Unless otherwise provided by
law, a licensing agency conduct-
33 ing a disciplinary proceeding may close
only that portion of the hearing
34 in which disclosure of a report or record
privileged under this section is
35 proposed. In closing a portion of a hearing
as provided by this section,
36 the presiding officer may exclude any
person from the hearing location
37 except the licensee, the licensee's
attorney, the agency's attorney, the
38 witness, the court reporter and appropriate
staff support for either coun-
39 sel. The licensing agency shall make the
portions of the agency record in
40 which such report or record is disclosed
subject to a protective order
41 prohibiting further disclosure of such
report or record. Such report or
42 record shall not be subject to discovery,
subpoena or other means of legal
43 compulsion for their release to any person
or entity. No person in at-
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19
1 tendance at a closed portion of a
disciplinary proceeding shall at a sub-
2 sequent civil, criminal or
administrative hearing, be required to testify
3 regarding the existence or content of
a report or record privileged under
4 this section which was disclosed in a
closed portion of a hearing, nor shall
5 such testimony be admitted into
evidence in any subsequent civil, crim-
6 inal or administrative hearing. A
licensing agency conducting a discipli-
7 nary proceeding may review peer
review committee records, testimony
8 or reports but must prove its
findings with independently obtained tes-
9 timony or records which shall be
presented as part of the disciplinary
10 proceeding in open meeting of the licensing
agency. Offering such tes-
11 timony or records in an open public hearing
shall not be deemed a waiver
12 of the peer review privilege relating to
any peer review committee testi-
13 mony, records or report.
14 (d) Nothing in this
section shall limit the authority, which may oth-
15 erwise be provided by law, of the
commissioner of insurance, the state
16 board of healing arts or other health care
provider licensing or disciplinary
17 boards of this state to require a peer
review committee or officer to report
18 to it any disciplinary action or
recommendation of such committee or
19 officer; to transfer to it records of such
committee's or officer's proceed-
20 ings or actions to restrict or revoke the
license, registration, certification
21 or other authorization to practice of a
health care provider; or to terminate
22 the liability of the fund for all claims
against a specific health care provider
23 for damages for death or personal injury
pursuant to subsection (i) of
24 K.S.A. 40-3403 and amendments thereto.
Reports and records so fur-
25 nished shall not be subject to discovery,
subpoena or other means of legal
26 compulsion for their release to any person
or entity and shall not be
27 admissible in evidence in any judicial or
administrative proceeding other
28 than a disciplinary proceeding by the state
board of healing arts or other
29 health care provider licensing or
disciplinary boards of this state.
30 (e) A peer review
committee or officer may report to and discuss its
31 activities, information and findings to
other peer review committees or
32 officers or to a board of directors or an
administrative officer of a health
33 care provider without waiver of the
privilege provided by subsection (b)
34 and the records of all such committees or
officers relating to such report
35 shall be privileged as provided by
subsection (b).
36 (f) Nothing in this
section shall be construed to prevent an insured
37 from obtaining information pertaining to
payment of benefits under a
38 contract with an insurance company, a
health maintenance organization
39 or an administrator of a health benefits
plan.
40 Sec. 18. K.S.A.
1997 Supp. 65-6112 is hereby amended to read as
41 follows: 65-6112. As used in this act:
42 (a) ``Administrator''
means the administrator of the emergency med-
43 ical services board.
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20
1 (b) ``Ambulance''
means any privately or publicly owned motor ve-
2 hicle, airplane or helicopter
designed, constructed, prepared and
3 equipped for use in transporting and
providing emergency care for in-
4 dividuals who are ill or injured.
5 (c) ``Ambulance
service'' means any organization operated for the
6 purpose of transporting sick or
injured persons to or from a place where
7 medical care is furnished, whether or
not such persons may be in need
8 of emergency or medical care in
transit.
9 (d) ``Attendant''
means a first responder or an emergency medical
10 technician, an emergency medical
technician-intermediate, an emergency
11 medical technician-defibrillator or a
mobile intensive care technician
12 whose primary function is ministering to
the needs of persons requiring
13 emergency medical services.
14 (e) ``Board'' means the
emergency medical services board established
15 pursuant to K.S.A. 65-6102, and amendments
thereto.
16 (f) ``Emergency medical
service'' means the effective and coordinated
17 delivery of such care as may be required by
an emergency, including
18 services provided by first responders, care
and transportation of individ-
19 uals by ambulance services and the
performance of authorized emergency
20 care by a person licensed to practice
medicine and surgery, a licensed
21 professional nurse, a
(Rx)gistered physician's licensed
physician assistant,
22 emergency medical technician, emergency
medical technician-interme-
23 diate, emergency medical
technician-defibrillator or a mobile intensive
24 care technician.
25 (g) ``Emergency medical
technician'' means any person who has suc-
26 cessfully completed a course of training,
approved by the board, in pre-
27 liminary emergency medical care and who
holds a valid emergency med-
28 ical technician certificate under this
act.
29 (h) ``Emergency medical
technician-defibrillator'' means any person,
30 currently certified as an emergency medical
technician or emergency
31 medical technician-intermediate, who has
successfully completed a train-
32 ing program in cardiac defibrillation
approved by the board and who holds
33 a valid emergency medical
technician-defibrillator certificate under this
34 act.
35 (i) ``Emergency medical
technician-intermediate'' means any person,
36 currently certified as an emergency medical
technician or emergency
37 medical technician-defibrillator, who, has
successfully completed a course
38 of training approved by the board which
includes training in veni-punc-
39 ture for blood sampling and administration
of intravenous fluids and ad-
40 vanced patient assessment and who holds a
valid emergency medical tech-
41 nician-intermediate certificate under this
act.
42 (j) ``First responder''
means a person who has successfully completed
43 a course of training in preliminary
emergency care, who holds a valid first
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21
1 responder certificate under this act
and who provides services to individ-
2 uals in need of emergency medical
care that assist in stabilization or im-
3 provement of such individual's
condition until personnel with a higher
4 level of training arrive at the scene
and assume responsibility for the
5 individual.
6 (k) ``Hospital''
means a hospital as defined by K.S.A. 65-425, and
7 amendments thereto.
8
(l) ``Instructor-coordinator'' means any person who has
successfully
9 completed a course of training,
approved by the board, to instruct attend-
10 ants and to coordinate training programs,
and who holds a valid instructor-
11 coordinator certificate under this act.
12 (m) ``Medical adviser''
means a physician.
13 (n) ``Medical
protocols'' mean written guidelines that have been re-
14 viewed and approved by the emergency
medical committee of the county
15 medical society, which assist in the
provision of medical care to a patient
16 when the attendant is not receiving
immediate direction from a physician.
17 In those counties where there is no
emergency medical committee of the
18 county medical society, ``medical
protocols'' mean written guidelines that
19 have been reviewed and approved by the
medical staff of the hospital to
20 which the ambulance service primarily
transports patients, which assist
21 in the provision of medical care to a
patient when the attendant is not
22 receiving immediate direction from a
physician.
23 (o) ``Mobile intensive
care technician'' means any person who has
24 successfully completed a course of
training, approved by the board, in
25 emergency medical care, and who holds a
valid mobile intensive care
26 technician certificate under this act.
27 (p) ``Municipality''
means any city, county, township, fire district or
28 ambulance service district.
29 (q) ``Nonemergency
transportation'' means the care and transport of
30 a sick or injured person under a foreseen
combination of circumstances
31 calling for continuing care of such person.
As used in this subsec-
32 tion,transportation includes performance of
the authorized level of serv-
33 ices of the attendant whether within or
outside the vehicle as part of such
34 transportation services.
35 (r) ``Operator'' means a
person or municipality who has a permit to
36 operate an ambulance service in the state
of Kansas.
37 (s) ``Person'' means an
individual, a partnership, an association, a
38 joint-stock company or a corporation.
39 (t) ``Physician'' means
a person licensed by the state board of healing
40 arts to practice medicine and surgery.
41 (u) ``Training officer
I'' means any person who has completed suc-
42 cessfully a course of training, approved by
the board, to conduct contin-
43 uing education programs for attendants.
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22
1 (v) ``Training
officer II'' means any person who has: (1) Completed
2 successfully a course of training,
approved by the board, to conduct con-
3 tinuing education programs for
attendants; and (2) completed successfully
4 a supplemental course of training,
approved by the board, to conduct
5 initial training programs for first
responders.
6
Sec. 19. K.S.A. 65-6135 is hereby amended to read as
follows: 65-
7 6135. (a) All ambulance services
providing emergency care as defined by
8 the rules and regulations adopted by
the board shall offer service 24 hours
9 per day every day of the year.
10 (b) Whenever an operator
is required to have a permit, at least one
11 person on each vehicle providing emergency
medical service shall be an
12 attendant certified as an emergency medical
technician, emergency med-
13 ical technician-intermediate, emergency
medical technician-defibrillator
14 or a mobile intensive care technician, a
person licensed to practice med-
15 icine and surgery, a
(Rx)gistered physician's licensed
physician assistant or
16 a (Rx)gistered
licensed professional nurse.
17 Sec. 20. K.S.A.
1997 Supp. 65-6701 is hereby amended to read as
18 follows: 65-6701. As used in this act:
19 (a) ``Abortion'' means
the use of any means to intentionally terminate
20 a pregnancy except for the purpose of
causing a live birth. Abortion does
21 not include: (1) The use of any drug or
device that inhibits or prevents
22 ovulation, fertilization or the
implantation of an embryo; or (2) disposition
23 of the product of in vitro
fertilization prior to implantation.
24 (b) ``Counselor'' means
a person who is: (1) Licensed to practice med-
25 icine and surgery; (2) licensed to practice
psychology; (3) licensed to prac-
26 tice professional or practical nursing; (4)
registered to practice profes-
27 sional counseling; (5) licensed as a social
worker; (6) the holder of a
28 master's or doctor's degree from an
accredited graduate school of social
29 work; (7) registered to practice marriage
and family therapy; (8) a (Rx)gis-
30 tered physician's
licensed physician assistant; or (9) a currently
ordained
31 member of the clergy or religious authority
of any religious denomination
32 or society. Counselor does not include the
physician who performs or
33 induces the abortion or a physician or
other person who assists in per-
34 forming or inducing the abortion.
35 (c) ``Department'' means
the department of health and environment.
36 (d) ``Gestational age''
means the time that has elapsed since the first
37 day of the woman's last menstrual
period.
38 (e) ``Medical
emergency'' means that condition which, on the basis
39 of the physician's good faith clinical
judgment, so complicates the medical
40 condition of a pregnant woman as to
necessitate the immediate abortion
41 of her pregnancy to avert her death or for
which a delay will create serious
42 risk of substantial and irreversible
impairment of a major bodily function.
43 (f) ``Minor'' means a
person less than 18 years of age.
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23
1 (g) ``Physician''
means a person licensed to practice medicine and
2 surgery in this state.
3 (h) ``Pregnant''
or ``pregnancy'' means that female reproductive con-
4 dition of having a fetus in the
mother's body.
5 (i) ``Qualified
person'' means an agent of the physician who is a psy-
6 chologist, licensed social worker,
registered professional counselor, reg-
7 istered nurse or physician.
8
(j) ``Unemancipated minor'' means any minor who has never
been:
9 (1) Married; or (2) freed, by court
order or otherwise, from the care,
10 custody and control of the minor's
parents.
11 (k) ``Viable'' means
that stage of gestation when, in the best medical
12 judgment of the attending physician, the
fetus is capable of sustained
13 survival outside the uterus without the
application of extraordinary med-
14 ical means.
15 Sec. 21. K.S.A.
75-6102 is hereby amended to read as follows: 75-
16 6102. As used in K.S.A. 75-6101 through
75-6118, and amendments
17 thereto, unless the context clearly
requires otherwise:
18 (a) ``State'' means the
state of Kansas and any department or branch
19 of state government, or any agency,
authority, institution or other instru-
20 mentality thereof.
21 (b) ``Municipality''
means any county, township, city, school district
22 or other political or taxing subdivision of
the state, or any agency, au-
23 thority, institution or other
instrumentality thereof.
24 (c) ``Governmental
entity'' means state or municipality.
25 (d) ``Employee'' means
any officer, employee, servant or member of
26 a board, commission, committee, division,
department, branch or council
27 of a governmental entity, including elected
or appointed officials and
28 persons acting on behalf or in service of a
governmental entity in any
29 official capacity, whether with or without
compensation and a charitable
30 health care provider. Employee includes any
steward or racing judge ap-
31 pointed pursuant to K.S.A. 74-8818, and
amendments thereto, regardless
32 of whether the services of such steward or
racing judge are rendered
33 pursuant to contract as an independent
contractor, but does not otherwise
34 include any independent contractor under
contract with a governmental
35 entity except (1) employees of the United
States marshal's service en-
36 gaged in the transportation of inmates on
behalf of the secretary of cor-
37 rections, (2) a person who is an employee
of a nonprofit independent
38 contractor, other than a municipality,
under contract to provide educa-
39 tional or vocational training to inmates in
the custody of the secretary of
40 corrections and who is engaged in providing
such service in an institution
41 under the control of the secretary of
corrections provided that such em-
42 ployee does not otherwise have coverage for
such acts and omissions
43 within the scope of their employment
through a liability insurance con-
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1 tract of such independent contractor;
and (3) a person who is an employee
2 of a nonprofit program, other than a
municipality, who has contracted
3 with the commissioner of juvenile
justice or with another nonprofit pro-
4 gram that has contracted with the
commissioner of juvenile justice to
5 provide a juvenile justice program
for juvenile offenders in a judicial dis-
6 trict provided that such employee
does not otherwise have coverage for
7 such acts and omissions within the
scope of their employment through a
8 liability insurance contract of such
nonprofit program. ``Employee'' also
9 includes an employee of an indigent
health care clinic. ``Employee'' also
10 includes former employees for acts and
omissions within the scope of
11 their employment during their former
employment with the govern-
12 mental entity.
13 (e) ``Community service
work'' means public or community service
14 performed by a person (1) as a result of a
contract of diversion entered
15 into by such person as authorized by law,
(2) pursuant to the assignment
16 of such person by a court to a community
corrections program, (3) as a
17 result of suspension of sentence or as a
condition of probation pursuant
18 to court order, (4) in lieu of a fine
imposed by court order or (5) as a
19 condition of placement ordered by a court
pursuant to K.S.A. 38-1663,
20 and amendments thereto.
21 (f) ``Charitable health
care provider'' means a person licensed by the
22 state board of healing arts as an exempt
licensee or a federally active
23 licensee, a person issued a limited permit
by the state board of healing
24 arts, a
(phone)ysician's assistant registered
physician assistant licensed by the
25 state board of healing arts or a health
care provider as the term ``health
26 care provider'' is defined under K.S.A.
65-4921, and amendments thereto,
27 who has entered into an agreement with:
28 (1) The secretary of
health and environment under K.S.A. 75-6120,
29 and amendments thereto, who, pursuant to
such agreement, gratuitously
30 renders professional services to a person
who has provided information
31 which would reasonably lead the health care
provider to make the good
32 faith assumption that such person meets the
definition of medically in-
33 digent person as defined by this section or
to a person receiving medical
34 assistance from the programs operated by
the department of social and
35 rehabilitation services, and who is
considered an employee of the state of
36 Kansas under K.S.A. 75-6120, and amendments
thereto;
37 (2) the secretary of
health and environment and who, pursuant to
38 such agreement, gratuitously renders
professional services in conducting
39 children's immunization programs
administered by the secretary; or
40 (3) a local health
department or indigent health care clinic, which
41 renders professional services to medically
indigent persons or persons
42 receiving medical assistance from the
programs operated by the depart-
43 ment of social and rehabilitation services
gratuitously or for a fee paid by
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25
1 the local health department or
indigent health care clinic to such provider
2 and who is considered an employee of
the state of Kansas under K.S.A.
3 75-6120 and amendments thereto.
Professional services rendered by a
4 provider under this paragraph (3)
shall be considered gratuitous notwith-
5 standing fees based on income
eligibility guidelines charged by a local
6 health department or indigent health
care clinic and notwithstanding any
7 fee paid by the local health
department or indigent health care clinic to
8 a provider in accordance with this
paragraph (3).
9 (g) ``Medically
indigent person'' means a person who lacks resources
10 to pay for medically necessary health care
services and who meets the
11 eligibility criteria for qualification as a
medically indigent person estab-
12 lished by the secretary of health and
environment under K.S.A. 75-6120,
13 and amendments thereto.
14 (h) ``Indigent health
care clinic'' means an outpatient medical care
15 clinic operated on a not-for-profit basis
which has a contractual agreement
16 in effect with the secretary of health and
environment to provide health
17 care services to medically indigent
persons.
18 (i) ``Local health
department'' shall have the meaning ascribed to such
19 term under K.S.A. 65-241 and amendments
thereto.
20 Sec. 22. K.S.A.
40-2,111, 65-118, 65-2896a, 65-2896b, 65-2896c,
21 65-2896d, 65-2896e, 65-2896f, 65-2896g,
65-2896h, 65-2897a, 65-2897b,
22 65-6135 and 75-6102 and K.S.A. 1997 Supp.
38-135, 65-2896, 65-4915,
23 65-6112 and 65-6701 are hereby
repealed.
24 Sec. 23. This act
shall take effect and be in force from and after its
25 publication in the statute book.
26
27