State of Kansas Bill # 655

Session of 1998
SENATE BILL No. 655 By Committee on Public Health and Welfare 2-12 9 AN ACT concerning health care providers; establishing the board of med-
10 ical professions, powers and duties thereof; fund, licensing, disciplinary
11 actions; amending K.S.A. 22a-226, 22a-243, 39-952, 40-2,100, 40-
12 2,101, 40-12a01, 40-19c03, 48-1601, 60-513d, 60-2609, 65-118, 65-
13 1,113, 65-5a01, 65-6b01, 65-6b05, 65-2008, 65-2802, 65-2812, 65-
14 2813, 65-2822, 65-2833, 65-2865, 65-2872, 65-2873, 65-2881, 65-2886,
15 65-2896a, 65-2896b, 65-2896d, 65-2897a, 65-2897b, 65-2898a, 65-
16 28,100, 65-28,102, 65-28,121, 65-28,122, 65-28,123, 65-28,124, 65-
17 2903, 65-2904, 65-2905, 65-2907, 65-2909, 65-2910, 65-2911, 65-2918,
18 65-2919, 65-4116, 65-4909, 65-4921, 65-5402, 65-5404, 65-5413,
19 65-5502, 65-5504, 65-5513, 74-3223, 74-3226, 74-3246, 74-3248, 75-
20 3717, 75-6102, 76-387, 79-201a and 79-3606 and K.S.A. 1997 Supp.
21 7-121b, 12-736, 38-135, 38-1522, 39-1501, 40-1126, 40-1127, 40-1128,
22 40-1129, 40-2230, 40-22a10, 40-3103, 40-3202, 40-3401, 40-3403,
23 40-3409, 40-3414, 40-4602, 59-2946, 65-448, 65-1501a, 65-1940, 65-
24 2836, 65-2895, 65-2896, 65-28,125, 65-28,126, 65-2906, 65-4003, 65-
25 4915, 65-4941, 65-5201, 65-6112, 65-6805, 65-6902, 65-6910, 65-6912,
26 74-4914e, 74-4916, 74-4960 and 74-4960a and repealing the existing
27 sections; also repealing K.S.A. 65-2869, 65-2870, 65-2873a, 65-2874,
28 65-2875 and 65-2887 and K.S.A. 1997 Supp. 59-2946a.
29
30 Be it enacted by the Legislature of the State of Kansas:
31 New Section. 1. Section 1 to 51, and amendments thereto, of this
32 act shall be known and cited as the medical practice act.
33 New Sec. 2. Recognizing that the practice of medicine and surgery
34 is a privilege granted by legislative authority and is not a natural right of
35 individuals, it is deemed necessary as a matter of policy in the interests
36 of public health, safety and welfare, to provide laws and provisions cov-
37 ering the granting of that privilege and its subsequent use, control and
38 regulation to the end that the public shall be properly protected against
39 unprofessional, improper, unauthorized and unqualified practice of the
40 medicine and surgery and from unprofessional conduct by persons li-
41 censed to practice under this act.
42 New Sec. 3. For the purpose of this act the following definitions shall
43 apply:

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1 (a) ``Practice of medicine and surgery'' means:
2 (1) Any system, treatment, operation, diagnosis, prescription or prac-
3 tice for the ascertainment, cure, relief, palliation, adjustment or correc-
4 tion of any human disease, ailment, deformity or injury; or
5 (2) prescribing, recommending or furnishing medicine or drugs, or
6 performing any surgical operation of whatever nature by the use of any
7 surgical instrument, procedure, equipment or mechanical device for the
8 diagnosis, cure or relief of any wounds, fractures, bodily injury, infirmity,
9 disease, physical or mental illness or psychological disorder, of human
10 beings.
11 (b) ``Board'' means the state board of medical professions.
12 (c) ``License'' means a license to practice medicine and surgery or
13 osteopathic medicine and surgery under this act.
14 (d) ``Physician'' means a person licensed to practice medicine and
15 surgery or osteopathic medicine and surgery under this act.
16 New Sec. 4. For the purpose of this act, the following persons shall
17 be deemed to be engaged in the practice of medicine and surgery:
18 (a) Any person who publicly professes to be a physician or surgeon
19 or osteopathic physician or surgeon or publicly professes to assume duties
20 incident to the practice of medicine or surgery as defined in this act.
21 (b) Any person who engages in the practice of medicine and surgery
22 as defined by this act.
23 (c) Any person who attaches the title M.D., D.O., surgeon, physician,
24 physician and surgeon or any other word or abbreviation indicating that
25 such person is engaged in the practice of medicine or surgery as defined
26 by this act.
27 New Sec. 5. (a) It shall be unlawful for any person who is not licensed
28 under the Kansas medical practice act or whose license has been revoked
29 or suspended to engage in the practice of medicine and surgery as defined
30 in the Kansas medical practice act.
31 (b) This section shall not apply to any person licensed by the board
32 whose license was expired or lapsed and reinstated within a six-month
33 period pursuant to section 10 and amendments thereto.
34 (c) This section shall not apply to any health care provider, who in
35 good faith renders emergency care or assistance at the scene of an emer-
36 gency or accident as authorized by K.S.A. 65-2891 and amendments
37 thereto.
38 (d) Violation of this section is a class B misdemeanor.
39 New Sec. 6. No person shall receive a permanent license under this
40 act until the person has furnished satisfactory evidence to the board that
41 the person has attained legal age.
42 New Sec. 7. Every license to practice medicine or surgery shall be
43 in the form of a certificate and of a type prescribed by the board.

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1 New Sec. 8. Every license issued under this act shall be presumptive
2 evidence of the right of the holder to practice medicine and surgery. The
3 records of the board shall reflect the type of license issued to each ap-
4 plicant.
5 New Sec. 9. (a) The name, age, place of birth, current address,
6 school, and date of graduation, and date of license, if one be issued, with
7 rating or grades received, of all applicants for examination shall be filed
8 with the board. The board shall index the names of all applicants including
9 all other records relating to such application in the file of the applicant.
10 Applications for licensure shall be upon forms prepared by the board,
11 and completed applications shall be retained permanently by the board.
12 (b) All applications based on licenses granted in other states shall be
13 received upon forms prepared by the board. All such applications shall
14 include the date of original licensure and length of time of practice in
15 other states.
16 (c) The board shall maintain a record of those persons granted li-
17 censes.
18 (d) All records collected by the board under this section shall be open
19 to public inspection pursuant to regulations adopted by the board.
20 New Sec. 10. (a) A license shall expire on the date established by
21 rules and regulations of the board which may provide renewal throughout
22 the year on a continuing basis. In each case in which a license is renewed
23 for a period of time of less than one year, the board may prorate the
24 amount of the fee established under section 29 and amendments thereto.
25 The request for renewal shall be on a form provided by the board and
26 shall be accompanied by the prescribed fee, which shall be paid not later
27 than the expiration date of the license.
28 (b) Except as otherwise provided in this section, the board shall re-
29 quire every licensee in the active practice of medicine and surgery within
30 the state to submit evidence of satisfactory completion of a program of
31 continuing education required by the board. The requirements for con-
32 tinuing education for licensees of medicine and surgery shall be estab-
33 lished by rules and regulations adopted by the board.
34 (c) The board, prior to renewal of a license, shall require the licensee,
35 if in the active practice of medicine and surgery within the state, to submit
36 to the board evidence satisfactory to the board that the licensee is main-
37 taining a policy of professional liability insurance as required by K.S.A.
38 40-3402 and amendments thereto and has paid the annual premium sur-
39 charge as required by K.S.A. 40-3404 and amendments thereto.
40 (d) At least 30 days before the expiration of a licensee's license, the
41 board shall notify the licensee of the expiration by mail addressed to the
42 licensee's last mailing address as noted upon the office records. If the
43 licensee fails to pay the annual fee by the date of the expiration of the

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1 license, the licensee shall be given a second notice that the licensee's
2 license has expired, that the license will be deemed canceled if not re-
3 newed within 30 days following the date of expiration, that upon receipt
4 of the annual fee and an additional fee established by rules and regulations
5 of the board not to exceed $500 within the thirty-day period the license
6 will not be canceled and that, if both fees are not received within the
7 thirty-day period, the license shall be deemed canceled by operation of
8 law and without further proceedings.
9 (e) Any license canceled for failure to renew may be reinstated within
10 two years of cancellation upon recommendation of the board and upon
11 payment of the renewal fees then due and upon proof of compliance with
12 the continuing educational requirements established by the board by
13 rules and regulations. Any person who has not been in the active practice
14 of medicine and surgery for which reinstatement is sought or who has
15 not been engaged in a formal educational program during the two years
16 preceding the application for reinstatement may be required to complete
17 such additional testing, training or education as the board may deem
18 necessary to establish the licensee's present ability to practice with rea-
19 sonable skill and safety.
20 (f) There is hereby created a designation of exempt license. The
21 board is authorized to issue an exempt license to any licensee who makes
22 written application for such license on a form provided by the board and
23 remits the fee for an exempt license established pursuant to section 29
24 and amendments thereto. The board may issue an exempt license to a
25 person who is not regularly engaged in the practice of medicine and
26 surgery in Kansas and who does not hold oneself out to the public as
27 being professionally engaged in such practice. An exempt license shall
28 entitle the holder to all privileges attendant to the branch of the medicine
29 and surgery for which such license is issued. Each exempt license may be
30 renewed annually subject to the provisions of this section. Each exempt
31 licensee shall be subject to all provisions of the medical practice act,
32 except as otherwise provided in this subsection (f). The holder of an ex-
33 empt license shall not be required to submit evidence of satisfactory com-
34 pletion of a program of continuing education required by this section.
35 Each exempt licensee may apply for a license to regularly engage in the
36 practice of medicine and surgery upon filing a written application with
37 the board. The request shall be on a form provided by the board and
38 shall be accompanied by the license fee established pursuant to section
39 29 and amendments thereto. For the licensee whose license has been
40 exempt for less than two years, the board shall adopt rules and regulations
41 establishing appropriate continuing education requirements for exempt
42 licensees to become licensed to regularly practice the medicine and sur-
43 gery within Kansas. Any licensee whose license has been exempt for more

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1 than two years and who has not been in the active practice of medicine
2 and surgery or engaged in a formal educational program since the license
3 has been exempt may be required to complete such additional testing,
4 training or education as the board may deem necessary to establish the
5 licensee's present ability to practice with reasonable skill and safety. Noth-
6 ing in this subsection (f) shall be construed to prohibit a person holding
7 an exempt license from serving as a coroner or as a paid employee of (1)
8 a local health department as defined by K.S.A. 65-241 and amendments
9 thereto, or (2) an indigent health care clinic as defined by K.S.A. 75-6102
10 and amendments thereto.
11 (g) There is hereby created a designation of inactive license. The
12 board is authorized to issue an inactive license to any licensee who makes
13 written application for such license on a form provided by the board and
14 remits the fee for an inactive license established pursuant to section 29
15 and amendments thereto. The board may issue an inactive license only
16 to a person who is not regularly engaged in the practice of the medicine
17 and surgery in Kansas, who does not hold oneself out to the public as
18 being professionally engaged in such practice and who meets the defi-
19 nition of inactive health care provider as defined in K.S.A. 40-3401 and
20 amendments thereto. An inactive license shall not entitle the holder to
21 practice the medicine and surgery in this state. Each inactive license may
22 be renewed annually subject to the provisions of this section. Each in-
23 active licensee shall be subject to all provisions of the medical practice
24 act, except as otherwise provided in this subsection (g). The holder of an
25 inactive license shall not be required to submit evidence of satisfactory
26 completion of a program of continuing education required by this section
27 and amendments thereto. Each inactive licensee may apply for a license
28 to regularly engage in the practice of medicine and surgery upon filing a
29 written application with the board. The request shall be on a form pro-
30 vided by the board and shall be accompanied by the license fee estab-
31 lished pursuant to section 29 and amendments thereto. For those licens-
32 ees whose license has been inactive for less than two years, the board
33 shall adopt rules and regulations establishing appropriate continuing ed-
34 ucation requirements for inactive licensees to become licensed to regu-
35 larly practice the medicine and surgery within Kansas. Any licensee whose
36 license has been inactive for more than two years and who has not been
37 in the active practice of the medicine and surgery or engaged in a formal
38 education program since the licensee has been inactive may be required
39 to complete such additional testing, training or education as the board
40 may deem necessary to establish the licensee's present ability to practice
41 with reasonable skill and safety.
42 (h) There is hereby created a designation of federally active license.
43 The board is authorized to issue a federally active license to any licensee

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1 who makes written application for such license on a form provided by the
2 board and remits the same fee required for a license established under
3 section 29 and amendments thereto. The board may issue a federally
4 active license only to a person who meets all the requirements for a license
5 to practice medicine and surgery in Kansas and who practices medicine
6 and surgery solely in the course of employment or active duty in the
7 United States government or any of its departments, bureaus or agencies
8 or who, in addition to such employment or assignment, provides profes-
9 sional services as a charitable medical care provider as defined under
10 K.S.A. 75-6102 and amendments thereto. The provisions of subsections
11 (b), (d) and (e) of this section relating to continuing education, expiration
12 and renewal of a license shall be applicable to a federally active license
13 issued under this subsection. A person who practices under a federally
14 active license shall not be deemed to be rendering professional service as
15 a health care provider in this state for purposes of K.S.A. 40-3402 and
16 amendments thereto.
17 New Sec. 11. (a) The board may issue a temporary permit to practice
18 the appropriate branch of medicine and surgery to any person who has
19 made proper application for a license by endorsement, has the required
20 qualifications for such license and has paid the prescribed fees, and such
21 permit, when issued, shall authorize the person receiving the permit to
22 practice within the limits of the permit until the license is issued or denied
23 by the board, but no more than one such temporary permit shall be issued
24 to any one person without the approval of 2/3 of the members of the board.
25 (b) The board may issue a postgraduate permit to practice the ap-
26 propriate branch of medicine and surgery to any person who is engaged
27 in a full time, approved postgraduate training program; has made proper
28 application for such postgraduate permit upon forms approved by the
29 board; meets all qualifications of licensure, except the examinations re-
30 quired under section 38 and amendments thereto and postgraduate train-
31 ing, as required by this act; has paid the prescribed fees established by
32 the board for such postgraduate permit; has passed such examinations in
33 the basic and clinical sciences approved under rules and regulations
34 adopted by the board; and, if the person is a graduate of a foreign medical
35 school, has passed an examination given by the educational commission
36 for foreign medical graduates.
37 (c) The postgraduate permit issued under subsection (b), when is-
38 sued, shall be valid for a period not to exceed 36 months and shall au-
39 thorize the person receiving the permit to practice medicine and surgery
40 in the postgraduate training program while continuously so engaged but
41 shall not authorize the person receiving the permit to engage in the pri-
42 vate practice of medicine and surgery.
43 (d) A postgraduate permit issued under subsection (b) shall be can-

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1 celed if:
2 (1) The holder thereof ceases to be engaged in the postgraduate train-
3 ing program; or
4 (2) the holder thereof has engaged in the practice of medicine and
5 surgery outside of the postgraduate training program.
6 New Sec. 12. (a) The board of may issue a special permit to practice
7 the appropriate branch of medicine and surgery, under the supervision
8 of a person licensed to practice such branch of medicine and surgery, to
9 any person who has completed undergraduate training in a branch of
10 medicine and surgery and who has not engaged in a full-time approved
11 postgraduate training program.
12 (b) Such special permit shall be issued only to a person who:
13 (1) Has made proper application for such special permit upon forms
14 approved by the board;
15 (2) meets all qualifications of licensure except examinations and post-
16 graduate training, as required by the Kansas medical practice act;
17 (3) is not yet but will be engaged in a full-time, approved postgrad-
18 uate training program in Kansas;
19 (4) has obtained the sponsorship of a person licensed to practice the
20 branch of medicine and surgery in which the applicant is training, which
21 sponsor practices in an area of Kansas which is determined under K.S.A.
22 76-375 and amendments thereto to be medically underserved or critically
23 medically underserved; and
24 (5) has paid the prescribed fees as established by the board for the
25 application for and granting of such special permit.
26 (c) The special permit, when issued, shall authorize the person to
27 whom the special permit is issued to practice medicine and surgery in
28 which such person is training under the supervision of the person licensed
29 to practice that branch of medicine and surgery who has agreed to sponsor
30 such special permit holder. The special permit shall not authorize the
31 person holding the special permit to engage in the private practice of
32 medicine and surgery. The holder of a special permit under this section
33 shall not charge patients a fee for services rendered but may be compen-
34 sated directly by the person under whose supervision and sponsorship the
35 permit holder is practicing. The special permit shall expire on the day the
36 person holding the special permit becomes engaged in a full-time, ap-
37 proved postgraduate training program or one year from its date of issu-
38 ance, whichever occurs first.
39 (d) This section shall be part of and supplemental to the Kansas med-
40 ical practice act.
41 New Sec. 13. (a) For the purpose of administering the provisions of
42 this act, the governor shall appoint a state board of medical professions
43 consisting of 15 members. At least 30 days before the expiration of any

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1 term, other than that of the member appointed from the general public,
2 the professional society or association shall submit to the governor a list
3 of three or more names of persons of recognized ability who have the
4 qualifications prescribed for board members for each member of the
5 board who will be appointed from its provider group. The governor shall
6 consider the list of persons in making the appointment to the board. In
7 case of a vacancy on the board, other than that of the member appointed
8 from the general public, prior to the expiration of a term of office, the
9 governor shall appoint a qualified successor to fill the unexpired term,
10 and in making the appointment the governor shall give consideration to
11 the list of persons last submitted to the governor.
12 (b) Six members of the board shall hold a degree of doctor of med-
13 icine from an accredited medical school and shall be residents of and have
14 been actively engaged in the practice of medicine and surgery in the state
15 of Kansas under license issued in this state, for a period of at least six
16 consecutive years immediately preceding their appointment; three mem-
17 bers shall hold a degree of doctor of osteopathy from an accredited school
18 of osteopathic medicine and surgery and shall be residents of and have
19 been actively engaged in the practice of osteopathic medicine and surgery
20 in the state of Kansas under license issued in this state, for a period of at
21 least six consecutive years immediately preceding their appointment; and
22 one member shall be a registered physician's assistant and shall be a
23 resident of and have been actively engaged in practice as a physician's
24 assistant in the state of Kansas for at least six consecutive years immedi-
25 ately preceding appointment; one member shall be a registered physical
26 therapist and shall be a resident of and have been actively engaged in the
27 practice of physical therapy in the state of Kansas for at least six consec-
28 utive years immediately preceding appointment; one member shall be a
29 registered occupational therapist and shall be a resident of and have been
30 actively engaged in practice as an occupational therapist in the state of
31 Kansas for at least six consecutive years immediately preceding appoint-
32 ment; one member shall be a registered respiratory therapist and shall
33 be a resident of and have been actively engaged in practice as a respiratory
34 therapist in the state of Kansas for six consecutive years immediately
35 preceding appointment; and two members shall be appointed to repre-
36 sent the general public of this state. Subject to the provisions of K.S.A.
37 75-4315c and amendments thereto, no two of the members representing
38 the general public shall be from the same United States congressional
39 district. No member representing the general public shall be the spouse
40 of a licensee or registrant or a person or the spouse of a person who has
41 a financial interest in any licensee's or registrant's practice.
42 (c) Whenever a vacancy occurs in the membership of the board, the
43 governor shall appoint a successor of like qualifications. All appointments

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1 shall be made for a term of four years, but no member shall be appointed
2 for more than two successive four-year terms. Each member shall serve
3 until a successor is appointed and qualified. Whenever a vacancy occurs
4 in the membership of the board for any reason other than the expiration
5 of a member's term of office, the governor shall appoint a successor of
6 like qualifications to fill the unexpired term.
7 (d) The governor shall have the power to remove from office at any
8 time any member of the board for continued neglect of duty, for incom-
9 petency, or for unprofessional conduct as that term is defined in this act.
10 (e) The board shall organize annually at its first meeting subsequent
11 to July 1 and shall select a president and vice-president, who shall be
12 persons licensed to practice medicine and surgery, from its own mem-
13 bership. The president and vice-president shall have the power to ad-
14 minister oaths pertaining to the business of the board.
15 (f) The board shall have a common seal and shall formulate rules to
16 govern its actions. Each member of the board shall take and subscribe
17 the oaths prescribed by law for state officers. The board shall hold an
18 annual meeting and such additional meetings as the board may designate.
19 (g) The oaths provided for herein shall be filed in the office of the
20 secretary of state.
21 (h) Eight members shall constitute a quorum for the transaction of
22 business.
23 (i) Members of the board attending meetings of such board, or at-
24 tending a subcommittee meeting word of authorized by the board, shall
25 be paid compensation, subsistence allowances, mileage and other ex-
26 penses as provided in K.S.A. 75-3223 and amendments thereto.
27 New Sec. 14. (a) Any person desiring to take the examination for a
28 license hereunder shall make application to the board on a form provided
29 by the board and sworn to by the applicant. Such application shall specify
30 the type of license for which the applicant desires to be examined and
31 shall be accompanied by the prescribed examination fee and such docu-
32 ments and affidavits as are necessary to show the eligibility of the can-
33 didate to take such examination. All applications shall be filed in the form,
34 within the time, and in accordance with the rules of the board.
35 (b) Any person currently licensed or registered by the board of heal-
36 ing arts who after June 30, 1998, shall be regulated by the board of med-
37 ical professions will maintain such person's current level of credentialing
38 under this act.
39 (c) The board shall prepare and keep up to date a list of accredited
40 professional schools, but no school shall be accredited without the formal
41 action of the board. Any such school whose graduates or students desire
42 to take the examination in this state shall supply the board with the nec-
43 essary data to allow it to determine whether such school should be ac-

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1 credited.
2 (d) The sessions for the purpose of giving examinations shall be held
3 at such times and places as the board may fix and not to exceed four in
4 any one year.
5 (e) Prior to each examination the board shall prepare a list of appli-
6 cants who are eligible to take the examination.
7 (f) The board shall adopt rules and regulations designating the ex-
8 aminations required under this section and amendments thereto and the
9 passing grade on each examination.
10 (g) Any applicant who fails any examination required under this sec-
11 tion and amendments thereto may have a reexamination in accordance
12 with criteria established by rules and regulations of the board, which
13 criteria may limit the number of times an applicant may retake the ex-
14 amination until the applicant has submitted evidence acceptable to the
15 board of further professional study.
16 (h) After each examination the board shall issue a proper license to
17 successful candidates, and make the required entry.
18 (i) The results of any examination for a license shall be preserved for
19 two years. During this time the results of an examination shall be available
20 to the applicant or the duly authorized representative of the applicant
21 under regulations prescribed by the board.
22 (j) The board, without examination, may issue a license to a person
23 who has been in the active practice of medicine and surgery in some
24 other state, territory, the District of Columbia or other country upon
25 certificate of the proper licensing authority of that state, territory, District
26 of Columbia or other country certifying that the applicant is duly licensed,
27 that the applicant's license has never been limited, suspended or revoked,
28 that the licensee has never been censured or had other disciplinary action
29 taken and that, so far as the records of such authority are concerned, the
30 applicant is entitled to its endorsement. The applicant shall also present
31 proof satisfactory to the board:
32 (1) That the state, territory, District of Columbia or country in which
33 the applicant last practiced has and maintains standards at least equal to
34 those maintained by Kansas.
35 (2) That the applicant's original license was based upon an examina-
36 tion at least equal in quality to the examination required in this state and
37 that the passing grade required to obtain such original license was com-
38 parable to that required in this state.
39 (3) Of the date of the applicant's original and any and all endorsed
40 licenses and the date and place from which any license was attained.
41 (4) That the applicant has been actively engaged in practice under
42 such license or licenses since issued, and if not, fix the time when and
43 reason why the applicant was out of practice.

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1 (5) That the applicant has a reasonable ability to communicate in
2 English.
3 (k) An applicant for endorsement registration shall not be licensed
4 unless the applicant's individual qualifications meet the Kansas legal
5 requirements.
6 (l) In lieu of any other requirement prescribed by law for satisfactory
7 passage of any examination in medicine and surgery the board may accept
8 evidence satisfactory to it that the applicant or licensee has satisfactorily
9 passed an equivalent examination given by a national board of examiners
10 in osteopathic medicine and surgery or medicine and surgery as now
11 required by Kansas statutes for endorsement from other states.
12 New Sec. 15. A licensee's license may be revoked, suspended or lim-
13 ited, or the licensee may be publicly or privately censured, or an appli-
14 cation for a license or for reinstatement of a license may be denied upon
15 a finding of the existence of any of the following grounds:
16 (a) The licensee has committed fraud or misrepresentation in apply-
17 ing for or securing an original, renewal or reinstated license.
18 (b) The licensee has committed an act of unprofessional or dishon-
19 orable conduct or professional incompetency.
20 (c) The licensee has been convicted of a felony or class A misde-
21 meanor, whether or not related to the practice of medicine and surgery.
22 (d) The licensee has used fraudulent or false advertisements.
23 (e) The licensee is addicted to or has distributed intoxicating liquors
24 or drugs for any other than lawful purposes.
25 (f) The licensee has willfully or repeatedly violated this act, the phar-
26 macy act of the state of Kansas or the uniform controlled substances act,
27 or any rules and regulations adopted pursuant thereto, or any rules and
28 regulations of the secretary of health and environment which are relevant
29 to the practice of medicine and surgery.
30 (g) The licensee has unlawfully invaded the field of practice of any
31 branch of any profession in which the licensee is not licensed to practice.
32 (h) The licensee has engaged in the practice of medicine and surgery
33 under a false or assumed name, or the impersonation of another practi-
34 tioner. The provisions of this subsection relating to an assumed name
35 shall not apply to licensees practicing under a professional corporation or
36 other legal entity duly authorized to provide such professional services in
37 the state of Kansas.
38 (i) The licensee has the inability to practice medicine and surgery
39 with reasonable skill and safety to patients by reason of illness, alcoholism,
40 excessive use of drugs, controlled substances, chemical or any other type
41 of material or as a result of any mental or physical condition. In deter-
42 mining whether or not such inability exists, the board, upon reasonable
43 suspicion of such inability, shall have authority to compel a licensee to

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1 submit to mental or physical examination or drug screen, or any combi-
2 nation thereof, by such persons as the board may designate. To determine
3 whether reasonable suspicion of such inability exists, the investigative
4 information shall be presented to the board as a whole, to a review com-
5 mittee of professional peers of the licensee established pursuant to section
6 21 and amendments thereto or to a committee consisting of the officers
7 of the board elected pursuant to subsection (e) of section 13 and amend-
8 ments thereto and the executive director appointed pursuant to section
9 43 and amendments thereto, and the determination shall be made by a
10 majority vote of the entity which reviewed the investigative information.
11 Information submitted to the board as a whole or a review committee of
12 peers or a committee of the officers and executive director of the board
13 and all reports, findings and other records shall be confidential and not
14 subject to discovery by or release to any person or entity. The licensee
15 shall submit to the board a release of information authorizing the board
16 to obtain a report of such examination or drug screen, or both. A person
17 affected by this subsection shall be offered, at reasonable intervals, an
18 opportunity to demonstrate that such person can resume the competent
19 practice of medicine and surgery with reasonable skill and safety to pa-
20 tients. For the purpose of this subsection, every person licensed to prac-
21 tice medicine and surgery and who shall accept the privilege to practice
22 medicine and surgery in this state by so practicing or by the making and
23 filing of an annual renewal to practice medicine and surgery in this state
24 shall be deemed to have consented to submit to a mental or physical
25 examination or a drug screen, or any combination thereof, when directed
26 in writing by the board and further to have waived all objections to the
27 admissibility of the testimony, drug screen or examination report of the
28 person conducting such examination or drug screen, or both, at any pro-
29 ceeding or hearing before the board on the ground that such testimony
30 or examination or drug screen report constitutes a privileged communi-
31 cation. In any proceeding by the board pursuant to the provisions of this
32 subsection, the record of such board proceedings involving the mental
33 and physical examination or drug screen, or any combination thereof, shall
34 not be used in any other administrative or judicial proceeding.
35 (j) The licensee has had a license to practice medicine and surgery
36 revoked, suspended or limited, has been censured or has had other dis-
37 ciplinary action taken, or an application for a license denied, by the proper
38 licensing authority of another state, territory, District of Columbia, or
39 other country, a certified copy of the record of the action of the other
40 jurisdiction being conclusive evidence thereof.
41 (k) The licensee has violated any lawful rule and regulation promul-
42 gated by the board or violated any lawful order or directive of the board
43 previously entered by the board.

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1 (l) The licensee has failed to report or reveal the knowledge required
2 to be reported or revealed under K.S.A. 65-28,122 and amendments
3 thereto.
4 (m) The licensee, has failed to inform a patient suffering from any
5 form of abnormality of the breast tissue for which surgery is a recom-
6 mended form of treatment, of alternative methods of treatment specified
7 in the standardized summary supplied by the board. The standardized
8 summary shall be given to each patient specified herein as soon as prac-
9 ticable and medically indicated following diagnosis, and this shall consti-
10 tute compliance with the requirements of this subsection. The board shall
11 develop and distribute to persons licensed to practice medicine and sur-
12 gery a standardized summary of the alternative methods of treatment
13 known to the board at the time of distribution of the standardized sum-
14 mary, including surgical, radiological or chemotherapeutic treatments or
15 combinations of treatments and the risks associated with each of these
16 methods. Nothing in this subsection shall be construed or operate to
17 empower or authorize the board to restrict in any manner the right of a
18 person licensed to practice medicine and surgery to recommend a method
19 of treatment or to restrict in any manner a patient's right to select a
20 method of treatment. The standardized summary shall not be construed
21 as a recommendation by the board of any method of treatment. The
22 preceding sentence or words having the same meaning shall be printed
23 as a part of the standardized summary. The provisions of this subsection
24 shall not be effective until the standardized written summary provided
25 for in this subsection is developed and printed and made available by the
26 board to persons licensed by the board to practice medicine and surgery.
27 (n) The licensee has cheated on or attempted to subvert the validity
28 of the examination for a license.
29 (o) The licensee has been found to be mentally ill, disabled, not guilty
30 by reason of insanity, not guilty because the licensee suffers from a mental
31 disease or defect or incompetent to stand trial by a court of competent
32 jurisdiction.
33 (p) The licensee has prescribed, sold, administered, distributed or
34 given a controlled substance to any person for other than medically ac-
35 cepted or lawful purposes.
36 (q) The licensee has violated a federal law or regulation relating to
37 controlled substances.
38 (r) The licensee has failed to furnish the board, or its investigators or
39 representatives, any information legally requested by the board.
40 (s) Sanctions or disciplinary actions have been taken against the li-
41 censee by a peer review committee, health care facility, a governmental
42 agency or department or a professional association or society for acts or
43 conduct similar to acts or conduct which would constitute grounds for

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1 disciplinary action under this section.
2 (t) The licensee has failed to report to the board any adverse action
3 taken against the licensee by another state or licensing jurisdiction, a peer
4 review body, a health care facility, a professional association or society, a
5 governmental agency, by a law enforcement agency or a court for acts or
6 conduct similar to acts or conduct which would constitute grounds for
7 disciplinary action under this section.
8 (u) The licensee has surrendered a license or authorization to practice
9 medicine and surgery in another state or jurisdiction, has surrendered the
10 authority to utilize controlled substances issued by any state or federal
11 agency, has agreed to a limitation to or restriction of privileges at any
12 medical care facility or has surrendered the licensee's membership on any
13 professional staff or in any professional association or society while under
14 investigation for acts or conduct similar to acts or conduct which would
15 constitute grounds for disciplinary action under this section.
16 (v) The licensee has failed to report to the board surrender of the
17 licensee's license or authorization to practice medicine and surgery in
18 another state or jurisdiction or surrender of the licensee's membership
19 on any professional staff or in any professional association or society while
20 under investigation for acts or conduct similar to acts or conduct which
21 would constitute grounds for disciplinary action under this section.
22 (w) The licensee has an adverse judgment, award or settlement
23 against the licensee resulting from a medical liability claim related to acts
24 or conduct similar to acts or conduct which would constitute grounds for
25 disciplinary action under this section.
26 (x) The licensee has failed to report to the board any adverse judg-
27 ment, settlement or award against the licensee resulting from a medical
28 malpractice liability claim related to acts or conduct similar to acts or
29 conduct which would constitute grounds for disciplinary action under this
30 section.
31 (y) The licensee has failed to maintain a policy of professional liability
32 insurance as required by K.S.A. 40-3402 or 40-3403a and amendments
33 thereto.
34 (z) The licensee has failed to pay the annual premium surcharge as
35 required by K.S.A. 40-3404 and amendments thereto.
36 (aa) The licensee has knowingly submitted any misleading, deceptive,
37 untrue or fraudulent representation on a claim form, bill or statement.
38 (bb) The licensee as the responsible physician for a physician's assis-
39 tant has failed to adequately direct and supervise the physician's assistant
40 in accordance with K.S.A. 65-2896 to 65-2897, inclusive, and amendments
41 thereto, or rules and regulations adopted under such statutes.
42 New Sec. 16. As used in section 15, and amendments thereto, and
43 in this section:

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1 (a) ``Professional incompetency'' means:
2 (1) One or more instances involving failure to adhere to the appli-
3 cable standard of care to a degree which constitutes gross negligence, as
4 determined by the board.
5 (2) Repeated instances involving failure to adhere to the applicable
6 standard of care to a degree which constitutes ordinary negligence, as
7 determined by the board.
8 (3) A pattern of practice or other behavior which demonstrates a
9 manifest incapacity or incompetence to practice medicine.
10 (b) ``Unprofessional conduct'' means:
11 (1) Solicitation of professional patronage through the use of fraudu-
12 lent or false advertisements, or profiting by the acts of those representing
13 themselves to be agents of the licensee.
14 (2) Representing to a patient that a manifestly incurable disease, con-
15 dition or injury can be permanently cured.
16 (3) Assisting in the care or treatment of a patient without the consent
17 of the patient, the attending physician or the patient's legal representa-
18 tives.
19 (4) The use of any letters, words, or terms, as an affix, on stationery,
20 in advertisements, or otherwise indicating that such person is entitled to
21 practice medicine and surgery if that person is not licensed to do so.
22 (5) Performing, procuring or aiding and abetting in the performance
23 or procurement of a criminal abortion.
24 (6) Willful betrayal of confidential information.
25 (7) Advertising professional superiority or the performance of pro-
26 fessional services in a superior manner.
27 (8) Advertising to guarantee any professional service or to perform
28 any operation painlessly.
29 (9) Participating in any action as a staff member of a medical care
30 facility which is designed to exclude or which results in the exclusion of
31 any person licensed to practice medicine and surgery from the medical
32 staff of a nonprofit medical care facility licensed in this state because of
33 the branch of medicine and surgery practiced by such person or without
34 just cause.
35 (10) Failure to effectuate the declaration of a qualified patient as
36 provided in subsection (a) of K.S.A. 65-28,107, and amendments thereto.
37 (11) Prescribing, ordering, dispensing, administering, selling, supply-
38 ing or giving any amphetamines or sympathomimetic amines, except as
39 authorized by section 17, and amendments thereto.
40 (12) Conduct likely to deceive, defraud or harm the public.
41 (13) Making a false or misleading statement regarding the licensee's
42 skill or the efficacy or value of the drug, treatment or remedy prescribed
43 by the licensee or at the licensee's direction in the treatment of any dis-

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1 ease or other condition of the body or mind.
2 (14) Aiding or abetting the practice of medicine and surgery by an
3 unlicensed, incompetent or impaired person.
4 (15) Allowing another person or organization to use the licensee's
5 license to practice medicine and surgery.
6 (16) Commission of any act of sexual abuse, misconduct or exploita-
7 tion related to the licensee's professional practice.
8 (17) The use of any false, fraudulent or deceptive statement in any
9 document connected with the practice of medicine and surgery including
10 the intentional falsifying or fraudulent altering of a patient or medical
11 care facility record.
12 (18) Obtaining any fee by fraud, deceit or misrepresentation.
13 (19) Directly or indirectly giving or receiving any fee, commission,
14 rebate or other compensation for professional services not actually and
15 personally rendered, other than through the legal functioning of lawful
16 professional partnerships, corporations or associations.
17 (20) Failure to transfer patient records to another licensee when re-
18 quested to do so by the subject patient or by such patient's legally des-
19 ignated representative.
20 (21) Performing unnecessary tests, examinations or services which
21 have no legitimate medical purpose.
22 (22) Charging an excessive fee for services rendered.
23 (23) Prescribing, dispensing, administering, distributing a prescrip-
24 tion drug or substance, including a controlled substance, in an excessive,
25 improper or inappropriate manner or quantity or not in the course of the
26 licensee's professional practice.
27 (24) Repeated failure to practice medicine and surgery with that level
28 of care, skill and treatment which is recognized by a reasonably prudent
29 similar practitioner as being acceptable under similar conditions and cir-
30 cumstances.
31 (25) Failure to keep written medical records which accurately de-
32 scribe the services rendered to the patient, including patient histories,
33 pertinent findings, examination results and test results.
34 (26) Delegating professional responsibilities to a person when the
35 licensee knows or has reason to know that such person is not qualified by
36 training, experience or licensure to perform them.
37 (27) Using experimental forms of therapy without proper informed
38 patient consent, without conforming to generally accepted criteria or stan-
39 dard protocols, without keeping detailed legible records or without having
40 periodic analysis of the study and results reviewed by a committee or
41 peers.
42 (28) Prescribing, dispensing, administering or distributing an ana-
43 bolic steroid or human growth hormone for other than a valid medical

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1 purpose. Bodybuilding, muscle enhancement or increasing muscle bulk
2 or strength through the use of an anabolic steroid or human growth hor-
3 mone by a person who is in good health is not a valid medical purpose.
4 (29) Referring a patient to a health care entity for services if the
5 licensee has a significant investment interest in the health care entity,
6 unless the licensee informs the patient in writing of such significant in-
7 vestment interest and that the patient may obtain such services elsewhere.
8 (c) ``False advertisement'' means any advertisement which is false,
9 misleading or deceptive in a material respect. In determining whether
10 any advertisement is misleading, there shall be taken into account not
11 only representations made or suggested by statement, word, design, de-
12 vice, sound or any combination thereof, but also the extent to which the
13 advertisement fails to reveal facts material in the light of such represen-
14 tations made.
15 (d) ``Advertisement'' means all representations disseminated in any
16 manner or by any means, for the purpose of inducing, or which are likely
17 to induce, directly or indirectly, the purchase of professional services.
18 (e) ``Licensee'' for purposes of this section and section 15, and
19 amendments thereto, shall mean all persons issued a license pursuant to
20 this act.
21 (f) ``License'' for purposes of this section and section 15, and amend-
22 ments thereto, shall mean any license, permit or special permit pursuant
23 to this act.
24 (g) ``Health care entity'' means any corporation, firm, partnership or
25 other business entity which provides services for diagnosis or treatment
26 of human health conditions and which is owned separately from a refer-
27 ring licensee's principle practice.
28 (h) ``Significant investment interest'' means ownership of at least 10%
29 of the value of the firm, partnership or other business entity which owns
30 or leases the health care entity, or ownership of at least 10% of the shares
31 of stock of the corporation which owns or leases the health care entity.
32 New Sec. 17. (a) It shall be unlawful for any person licensed to prac-
33 tice medicine and surgery to prescribe, order, dispense, administer, sell,
34 supply or give any amphetamine or sympathomimetic amine designated
35 in schedule II, III or IV under the uniform controlled substances act,
36 except as provided in this section. Failure to comply with this section shall
37 constitute unprofessional conduct under section 16 and amendments
38 thereto.
39 (b) When any licensee prescribes, orders, dispenses, administers,
40 sells, supplies or gives any amphetamine or sympathomimetic amine des-
41 ignated in schedule II, III or IV under the uniform controlled substances
42 act, the patient's medical record shall adequately document and the pre-
43 scription order shall indicate in the licensee's own handwriting, the pur-

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1 pose for which the drug is being given. Such purpose shall be restricted
2 to one or more of the following:
3 (1) The treatment of narcolepsy.
4 (2) The treatment of drug-induced brain dysfunction.
5 (3) The treatment of hyperkinesis.
6 (4) The differential diagnostic psychiatric evaluation of depression.
7 (5) The treatment of depression shown by adequate medical records
8 and documentation to be unresponsive to other forms of treatment.
9 (6) The clinical investigation of the effects of such drugs or com-
10 pounds, in which case, before the investigation is begun, the licensee
11 shall, in addition to other requirements of applicable laws, apply for and
12 obtain approval of the investigation from the board of medical profes-
13 sions.
14 (7) The treatment of obesity with controlled substances, as may be
15 defined by rules and regulations adopted by the board of medical pro-
16 fessions.
17 (8) The treatment of any other disorder or disease for which such
18 drugs or compounds have been found to be safe and effective by com-
19 petent scientific research which findings have been generally accepted by
20 the scientific community, in which case, before prescribing, ordering,
21 dispensing, administering, selling, supplying or giving the drug or com-
22 pound for a particular condition, the licensee shall obtain a determination
23 from the board that the drug or compound can be used for that particular
24 condition.
25 New Sec. 18. (a) The board shall have jurisdiction of proceedings to
26 take disciplinary action authorized by section 15 and amendments thereto
27 against any licensee practicing under this act. Any such action shall be
28 taken in accordance with the provisions of the Kansas administrative pro-
29 cedure act.
30 (b) Either before or after formal charges have been filed, the board
31 and the licensee may enter into a stipulation which shall be binding upon
32 the board and the licensee entering into such stipulation, and the board
33 may enter its findings of fact and enforcement order based upon such
34 stipulation without the necessity of filing any formal charges or holding
35 hearings in the case. An enforcement order based upon a stipulation may
36 order any disciplinary action authorized by section 15 and amendments
37 thereto against the licensee entering into such stipulation.
38 (c) The board may temporarily suspend or temporarily limit the li-
39 cense of any licensee in accordance with the emergency adjudicative pro-
40 ceedings under the Kansas administrative procedure act if the board de-
41 termines that there is cause to believe that grounds exist under section
42 15 and amendments thereto for disciplinary action authorized by section
43 15 and amendments thereto against the licensee and that the licensee's

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1 continuation in practice would constitute an imminent danger to the pub-
2 lic health and safety.
3 New Sec. 19. (a) In connection with any investigation by the board,
4 the board or its duly authorized agents or employees shall at all reasonable
5 times have access to, for the purpose of examination, and the right to
6 copy any document, report, record or other physical evidence of any per-
7 son being investigated, or any document, report, record or other evidence
8 maintained by and in possession of any clinic, office of a practitioner of
9 medicine and surgery, laboratory, pharmacy, medical care facility or other
10 public or private agency if such document, report, record or evidence
11 relates to medical competence, unprofessional conduct or the mental or
12 physical ability of a licensee safely to practice medicine and surgery.
13 (b) For the purpose of all investigations and proceedings conducted
14 by the board:
15 (1) The board may issue subpoenas compelling the attendance and
16 testimony of witnesses or the production for examination or copying of
17 documents or any other physical evidence if such evidence relates to
18 medical competence, unprofessional conduct or the mental or physical
19 ability of a licensee safely to practice medicine and surgery. Within five
20 days after the service of the subpoena on any person requiring the pro-
21 duction of any evidence in the person's possession or under the person's
22 control, such person may petition the board to revoke, limit or modify
23 the subpoena. The board shall revoke, limit or modify such subpoena if
24 in its opinion the evidence required does not relate to practices which
25 may be grounds for disciplinary action, is not relevant to the charge which
26 is the subject matter of the proceeding or investigation, or does not de-
27 scribe with sufficient particularity the physical evidence which is required
28 to be produced. Any member of the board, or any agent designated by
29 the board, may administer oaths or affirmations, examine witnesses and
30 receive such evidence.
31 (2) Any person appearing before the board shall have the right to be
32 represented by counsel.
33 (3) The district court, upon application by the board or by the person
34 subpoenaed, shall have jurisdiction to issue an order:
35 (A) Requiring such person to appear before the board or the boards
36 duly authorized agent to produce evidence relating to the matter under
37 investigation; or
38 (B) revoking, limiting or modifying the subpoena if in the court's
39 opinion the evidence demanded does not relate to practices which may
40 be grounds for disciplinary action, is not relevant to the charge which is
41 the subject matter of the hearing or investigation or does not describe
42 with sufficient particularity the evidence which is required to be pro-
43 duced.

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1 (c) The board may receive from the Kansas bureau of investigation
2 or other criminal justice agencies such criminal history record information
3 (including arrest and nonconviction data), criminal intelligence informa-
4 tion and information relating to criminal and background investigations
5 as necessary for the purpose of determining initial and continuing qual-
6 ifications of licensees and registrants of and applicants for licensure and
7 registration by the board. Disclosure or use of any such information re-
8 ceived by the board or of any record containing such information, for any
9 purpose other than that provided by this subsection is a class A misde-
10 meanor and shall constitute grounds for removal from office, termination
11 of employment or denial, revocation or suspension of any license or reg-
12 istration issued under this act. Nothing in this subsection shall be con-
13 strued to make unlawful the disclosure of any such information by the
14 board in a hearing held pursuant to this act.
15 (d) Patient records, including clinical records, medical reports, lab-
16 oratory statements and reports, files, films, other reports or oral state-
17 ments relating to diagnostic findings or treatment of patients, information
18 from which a patient or a patient's family might be identified, peer review
19 or risk management records or information received and records kept by
20 the board as a result of the investigation procedure outlined in this section
21 shall be confidential and shall not be disclosed.
22 (e) Nothing in this section or any other provision of law making com-
23 munications between a physician and the physician's patient a privileged
24 communication shall apply to investigations or proceedings conducted
25 pursuant to this section. The board and its employees, agents and rep-
26 resentatives shall keep in confidence the names of any patients whose
27 records are reviewed during the course of investigations and proceedings
28 pursuant to this section.
29 New Sec. 20. The board shall appoint a disciplinary counsel, who
30 shall not otherwise be an attorney for the board, with the duties set out
31 in this act. The disciplinary counsel shall be an attorney admitted to prac-
32 tice law in the state of Kansas. The disciplinary counsel shall have the
33 power and the duty to investigate or cause to be investigated all matters
34 involving professional incompetency, unprofessional conduct or any other
35 matter which may result in disciplinary action against a licensee pursuant
36 to sections 15, 16 and 19, and amendments thereto. In the performance
37 of these duties, the disciplinary counsel may apply to any court having
38 power to issue subpoenas for an order to require by subpoena the at-
39 tendance of any person or by subpoena duces tecum the production of
40 any records for the purpose of the production of any information perti-
41 nent to an investigation. Subject to approval by the board, the disciplinary
42 counsel shall employ clerical and other staff necessary to carry out the
43 duties of the disciplinary counsel. The board may adopt rules and regu-

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1 lations necessary to allow the disciplinary counsel to properly perform the
2 functions of such position under this act.
3 New Sec. 21. Review committees shall be established and appointed
4 by the board for each group of licensees or registrants of the board as
5 necessary to advise the board in carrying out the provisions of this act.
6 Each review committee shall be composed of three members and des-
7 ignated alternates. Each of the members and their designated alternates
8 shall serve for a period of two years, all of whom shall be licensed by the
9 board to practice the profession for which the review committee is estab-
10 lished. Members of the board shall not be eligible to act as members of
11 the review committee. Members may be selected from names submitted
12 by the state professional association for the branch of medicine and sur-
13 gery involved. The members of such review committees attending meet-
14 ings of any review committees shall be paid compensation, subsistence
15 allowances, mileage and expenses as provided by K.S.A. 75-3223 and
16 amendments thereto.
17 New Sec. 22. Whenever the board directs, pursuant to subsection (i)
18 of section 15 and amendments thereto, that a licensee submit to a mental
19 or physical examination or drug screen, or any combination thereof, the
20 time from the date of the board's directive until the submission to the
21 board of the report of the examination or drug screen, or both, shall not
22 be included in the computation of the time limit for hearing prescribed
23 by the Kansas administrative procedure act.
24 New Sec. 23. (a) A person whose license has been revoked may apply
25 for reinstatement of the license after the expiration of three years from
26 the effective date of the revocation. Application for reinstatement shall
27 be on a form provided by the board and shall be accompanied by a re-
28 instatement of a revoked license fee established by the board under sec-
29 tion 35 and amendments thereto. The burden of proof by clear and con-
30 vincing evidence shall be on the applicant to show sufficient rehabilitation
31 to justify reinstatement of the license. If the board determines a license
32 should not be reinstated, the person shall not be eligible to reapply for
33 reinstatement for three years from the effective date of the denial.
34 (b) All proceedings conducted on an application for reinstatement
35 shall be in accordance with the provisions of the Kansas administrative
36 procedure act and shall be reviewable in accordance with the act for
37 judicial review and civil enforcement of agency actions. The board, on its
38 own motion, may stay the effectiveness of an order of revocation of li-
39 cense.
40 New Sec. 24. (a) If the board's order is adverse to the licensee or
41 applicant for reinstatement of license, costs incurred by the board in
42 conducting any proceeding under the Kansas administrative procedure
43 act may be assessed against the parties to the proceeding in such pro-

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1 portion as the board may determine upon consideration of all relevant
2 circumstances including the nature of the proceeding and the level of
3 participation by the parties. If the board is the unsuccessful party, the
4 costs shall be paid from the medical profession's fee fund.
5 (b) For purposes of this section costs incurred shall mean the presid-
6 ing officer fees and expenses, costs of making any transcripts, witness fees
7 and expenses, mileage, travel allowances and subsistence expenses of
8 board employees and fees and expenses of agents of the board who pro-
9 vide services pursuant to section 42 and amendments thereto. Costs in-
10 curred shall not include presiding officer fees and expenses or costs of
11 making and preparing the record unless the board has designated or re-
12 tained the services of independent contractors to perform such functions.
13 (c) The board shall make any assessment of costs incurred as part of
14 the final order rendered in the proceeding. Such order shall include find-
15 ings and conclusions in support of the assessment of costs.
16 New Sec. 25. All costs accrued at the instance of the state, when it
17 is the successful party, and which the attorney general certifies cannot be
18 collected from the defendant, shall be paid out of any available funds in
19 the state treasury to the credit of the board.
20 New Sec. 26. The cause shall be heard by the court at a time fixed
21 by it, and shall take precedence over all other cases upon the court docket
22 except workmen's compensation and criminal cases.
23 New Sec. 27. In the event the board appeals, no bond shall be re-
24 quired. If the licensee appeals, the only bond required shall be one run-
25 ning to the state, in an amount to be fixed by the court for the payment
26 of the costs both before the board and in the district court, and the bond
27 shall be approved by the judge of the district court.
28 New Sec. 28. (a) All administrative proceedings provided for by ar-
29 ticle 28 of chapter 65 of the Kansas Statutes Annotated and affecting any
30 licensee licensed under that article shall be conducted in accordance with
31 the provisions of the Kansas administrative procedure act.
32 (b) Judicial review and civil enforcement of any agency action under
33 article 28 of chapter 65 of the Kansas Statutes Annotated shall be in
34 accordance with the act for judicial review and civil enforcement of
35 agency actions.
36 New Sec. 29. The following fees shall be established by the board by
37 rules and regulations and collected by the board:
38 (a) For a license, issued upon the basis of an examination given by
39 the board, in a sum of not more than $300;
40 (b) for a license, issued without examination and by endorsement, in
41 a sum of not more than $300;
42 (c) for a license, issued upon a certificate from the national boards,
43 in a sum of not more than $300;

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1 (d) for the annual renewal of a license, the sum of not more than
2 $300;
3 (e) for a temporary permit, in a sum of not more than $60;
4 (f) for an institutional license, in a sum of not more than $300;
5 (g) for a visiting professor temporary license, in a sum of not more
6 than $50;
7 (h) for a certified statement from the board that a licensee is licensed
8 in this state, the sum of not more than $30;
9 (i) for any copy of any license issued by the board, the sum of not
10 more than $30;
11 (j) for any examination given by the board, a sum in an amount equal
12 to the cost to the board of the examination;
13 (k) for application for and issuance of a special permit under section
14 11 and amendments thereto, the sum of not more than $60;
15 (l) for an exempt or inactive license or renewal of an exempt or in-
16 active license, the sum of not more than $150;
17 (m) for conversion of an exempt or inactive license to a license to
18 practice medicine and surgery, the sum of not more than $300;
19 (n) for reinstatement of a revoked license, in a sum of not more than
20 $1,000;
21 (o) for a visiting clinical professor license, or renewal of a visiting
22 clinical professor license, in a sum of not more than $300;
23 (p) for a postgraduate permit in a sum of not more than $60;
24 (q) for a limited permit or renewal of a limited permit, the sum of
25 not more than $60; and
26 (r) for a written verification of any license or permit, the sum of not
27 more than $25.
28 New Sec. 30. There is hereby created a medical professions' fee fund
29 in the state treasury. The board shall remit all moneys received by or for
30 the board from fees, charges or penalties to the state treasurer at least
31 monthly. Upon receipt of any such remittance the state treasurer shall
32 deposit the entire amount thereof in the state treasury. Twenty percent
33 of such amount shall be credited to the state general fund and the balance
34 shall be credited to the medical profession's fee fund. All expenditures
35 from the medical profession's fee fund shall be made in accordance with
36 appropriation acts upon warrants of the director of accounts and reports
37 issued pursuant to vouchers approved by the president of the board or
38 by a person or persons designated by the president.
39 New Sec. 31. (a) An action in injunction or quo warranto may be
40 brought and maintained in the name of the state of Kansas to enjoin or
41 oust from the unlawful practice of medicine and surgery any person who
42 shall practice medicine and surgery as defined in this act without being
43 duly licensed therefor.

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1 (b) The authority conferred under subsection (a) shall be in addition
2 to, and not in lieu of, authority to prosecute criminally any person unlaw-
3 fully engaged in the practice of medicine and surgery. The granting and
4 enforcing of an injunction or quo warranto to prevent the unlawful prac-
5 tice of medicine and surgery is a preventive measure, not a punitive meas-
6 ure, and the fact that a person has been charged with or convicted of
7 criminally having so practiced shall not prevent the issuance of a writ of
8 injunction or quo warranto to prevent his further practice; nor shall the
9 fact that a writ of injunction or quo warranto has been granted to prevent
10 further practice preclude the institution of criminal prosecution and pun-
11 ishment.
12 New Sec. 32. (a) Any person who shall file or attempt to file with
13 the board any false or forged diploma, certificate, affidavit or identifica-
14 tion or qualification, or any other written or printed instrument, shall be
15 guilty of forgery as provided by K.S.A. 21-3710, and amendments thereto,
16 and a severity level 8, nonperson felony.
17 (b) Any person who shall present to the board a diploma or certificate
18 of which he or she is not the rightful owner for the purpose of procuring
19 a license, or who shall falsely impersonate anyone to whom a license has
20 been issued by said board, shall be deemed guilty of a class A misde-
21 meanor.
22 (c) Any person who swears falsely in any affidavit or oral testimony
23 made or given by virtue of the provisions of this act or the rules and
24 regulations of the board shall be deemed guilty of a severity level 9, non-
25 person felony.
26 (d) Any person violating any of the provisions of this act, except as
27 specific penalties are herein otherwise imposed, shall be deemed guilty
28 of a misdemeanor and upon conviction thereof shall pay a fine of not less
29 than $50 nor more than $200 for each separate offense, and a person for
30 a second violation of any of the provisions of this act, wherein another
31 specific penalty is not expressly imposed, shall be deemed guilty of a
32 misdemeanor and upon conviction thereof shall pay a fine of not less than
33 $100 nor more than $500 for each separate offense.
34 New Sec. 33. The board, in addition to any other penalty prescribed
35 under the Kansas medical practice act, may assess a civil fine, after proper
36 notice and an opportunity to be heard, against a licensee for a violation
37 of the Kansas medical practice act in an amount not to exceed $5,000 for
38 the first violation, $10,000 for the second violation and $15,000 for the
39 third violation and for each subsequent violation. All fines assessed and
40 collected under this section shall be remitted promptly to the state trea-
41 surer. Upon receipt thereof, the state treasurer shall deposit the entire
42 amount in the state treasury and credit it to the state general fund.
43 New Sec. 34. The board shall enforce the provisions of this act and

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1 for that purpose shall make all necessary investigations relative thereto.
2 Every licensee in this state, including members of the board, shall furnish
3 the board such evidence as the licensee may have relative to any alleged
4 violation which is being investigated. The licensee shall also report to the
5 board the name of every person without a license that he has reason to
6 believe is engaged in practicing medicine and surgery in this state.
7 New Sec. 35. The board shall promulgate all necessary rules and reg-
8 ulations, not inconsistent herewith, for carrying out the provisions of this
9 act, which rules and regulations shall include standards for the dispensing
10 of drugs by persons licensed to practice medicine and surgery. The board
11 may also adopt rules and regulations supplementing any of the provisions
12 herein contained but not inconsistent with this act. All rules and regula-
13 tions promulgated and adopted by the board shall be filed with the sec-
14 retary of state as required by law.
15 New Sec. 36. Upon the request of the board, the attorney general
16 or county or district attorney of the proper county shall institute in the
17 name of the state or board the proper proceedings against any person
18 regarding whom a complaint has been made charging him or her with
19 the violation of any of the provisions of this act, and the attorney general,
20 and such county or district attorney, at the request of the attorney general
21 or of the board shall appear and prosecute any and all such actions.
22 New Sec. 37. The practice of medicine and surgery shall not be con-
23 strued to include the following persons:
24 (a) Persons rendering gratuitous services in the case of an emergency.
25 (b) Persons gratuitously administering ordinary household remedies.
26 (c) The members of any church practicing their religious tenets pro-
27 vided they shall not be exempt from complying with all public health
28 regulations of the state.
29 (d) Students while in actual classroom attendance in an accredited
30 medical and surgical school after completing one year's study to treat
31 diseases under the supervision of a licensed instructor.
32 (e) Students upon the completion of at least three years' study in an
33 accredited medical and surgical school and who, as a part of their aca-
34 demic requirements for a degree, serve a preceptorship not to exceed 90
35 days under the supervision of a licensed practitioner.
36 (f) Persons who massage for the purpose of relaxation, muscle con-
37 ditioning, or figure improvement, provided no drugs are used and such
38 persons do not hold themselves out to be physicians or healers.
39 (g) Persons whose professional services are performed under the su-
40 pervision or by order of or referral from a person licensed to practice
41 medicine and surgery under this act.
42 (h) Persons in the general fields of psychology, education and social
43 work, dealing with the social, psychological and moral well-being of in-

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1 dividuals and/or groups provided they do not use drugs and do not hold
2 themselves out to be physicians, surgeons or osteopathic physicians.
3 (i) Persons licensed to practice medicine and surgery in the United
4 States army, navy, air force, public health service, and coast guard or other
5 military service when acting in the line of duty in this state.
6 (j) Persons licensed to practice medicine and surgery licensed in an-
7 other state when and while incidentally called into this state in consul-
8 tation with practitioners licensed in this state, or residing on the border
9 of a neighboring state, duly licensed under the laws thereof to practice
10 medicine and surgery, but who do not open an office or maintain or
11 appoint a place to regularly meet patients or to receive calls within this
12 state.
13 (k) Dentists practicing their professions, when licensed and practic-
14 ing in accordance with the provisions of article 14 of chapter 65 of the
15 Kansas Statutes Annotated, and amendments thereto, and any interpre-
16 tation thereof by the supreme court of this state.
17 (l) Optometrists practicing their professions, when licensed and prac-
18 ticing under and in accordance with the provisions of article 15 of chapter
19 65 of the Kansas Statutes Annotated, and amendments thereto, and any
20 interpretation thereof by the supreme court of this state.
21 (m) Nurses practicing their profession when licensed and practicing
22 under and in accordance with the provisions of article 11 of chapter 65
23 of the Kansas Statutes Annotated, and amendments thereto, and any in-
24 terpretation thereof by the supreme court of this state.
25 (n) Podiatrists practicing their profession, when licensed and practic-
26 ing under and in accordance with the provisions of article 20 of chapter
27 65 of the Kansas Statutes Annotated, and amendments thereto, and any
28 interpretation thereof by the supreme court of this state.
29 (o) Every act or practice falling in the field of medicine and surgery,
30 not specifically excepted herein, shall constitute the practice thereof.
31 (p) Pharmacists practicing their profession, when licensed and prac-
32 ticing under and in accordance with the provisions of article 16 of chapter
33 65 of the Kansas Statutes Annotated, and amendments thereto, and any
34 interpretation thereof by the supreme court of this state.
35 (q) A dentist licensed in accordance with the provisions of article 14
36 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto,
37 who administers general and local anesthetics to facilitate medical pro-
38 cedures conducted by a person licensed to practice medicine and surgery
39 if such dentist is certified by the board of medical professions under
40 K.S.A. 65-2899, and amendments thereto, to administer such general and
41 local anesthetics.
42 (r) Chiropractors practicing their profession when licensed and prac-
43 ticing under and in accordance with the provisions of article 28 of chapter

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1 65 of the Kansas Statutes Annotated, and amendments thereto.
2 New Sec. 38. (a) Each applicant for a license by examination to prac-
3 tice medicine and surgery in this state shall:
4 (1) Present to the board evidence of proficiency in the basic sciences
5 issued by the national board of medical examiners, the board of examiners
6 of osteopathic physicians and surgeons or such other examining body as
7 may be approved by the board or in lieu thereof pass such examination
8 as the board may require in the basic science subjects;
9 (2) present proof that the applicant is a graduate of an accredited
10 professional school or college; and
11 (3) pass an examination prescribed and conducted by the board cov-
12 ering the subjects incident to the practice of the branch of medicine and
13 surgery for which the applicant applies.
14 (b) Any person seeking a license to practice medicine and surgery
15 shall present proof that such person has completed acceptable postgrad-
16 uate study as may be required by the board by regulations.
17 (c) The board may authorize an applicant who does not meet the
18 requirements of paragraph (2) of subsection (a) to take the examination
19 for licensure if the applicant:
20 (1) Has completed three years of postgraduate training as approved
21 by the board;
22 (2) is a graduate of a school which has been in operation for not less
23 than 15 years and the graduates of which have been licensed in another
24 state or states which has standards similar to Kansas; and
25 (3) meets all other requirements for taking the examination for licen-
26 sure of the Kansas medical practice act.
27 (d) In addition to the examination required under paragraph (3) of
28 subsection (a), if the applicant is a foreign medical graduate the applicant
29 shall pass an examination given by the educational commission for foreign
30 medical graduates.
31 New Sec. 39. Notwithstanding the provisions of section 50, the board
32 may grant a license to practice medicine and surgery and renew the same
33 annually as provided in section 10 to any person who meets all of the
34 requirements of section 38, except the requirements of clause (2) of sub-
35 section (a) of such section, if such person is a citizen of the United States,
36 a resident of Kansas, has a fellowship license, has been employed as a
37 physician or by the state of Kansas for 20 years or more, has been the
38 head of a state hospital for five years or more and has successfully com-
39 pleted the licensing examinations previously given by the state board of
40 healing arts or board of medical professions.
41 New Sec. 40. (a) An accredited school of medicine for the purpose
42 of this act shall be a school or college which requires the study of medicine
43 and surgery in all of its branches, which the board shall determine to have

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1 a standard of education substantially equivalent to the university of Kansas
2 school of medicine. All such schools shall be approved by the board.
3 (b) The board shall adopt rules and regulations establishing the cri-
4 teria which a school shall satisfy in meeting the standard established under
5 subsection (a). The criteria shall establish the minimum standards in the
6 following areas:
7 (1) Admission requirements;
8 (2) basic science coursework;
9 (3) clinical coursework;
10 (4) qualification of faculty;
11 (5) ratio of faculty to students;
12 (6) library;
13 (7) clinical facilities;
14 (8) laboratories;
15 (9) equipment;
16 (10) specimens;
17 (11) financial qualifications; and
18 (12) accreditation by independent agency.
19 (c) The board may send a questionnaire developed by the board to
20 any school for which the board does not have sufficient information to
21 determine whether the school meets the requirements of this statute or
22 rules and regulations adopted pursuant to this statute. The questionnaire
23 providing the necessary information shall be completed and returned to
24 the board in order for the school to be considered for approval.
25 (d) The board is authorized to contract with investigative agencies,
26 commissions or consultants to assist the board in obtaining information
27 about schools. In entering such contracts the authority to approve schools
28 shall remain solely with the board.
29 New Sec. 41. An accredited school of osteopathic medicine for the
30 purpose of this act shall be a school or college which requires the study
31 of osteopathic medicine and surgery in all of its branches which the board
32 shall determine to have a standard of education not below that of the
33 Kirksville college of osteopathy and surgery. All such schools shall be
34 approved by the board.
35 New Sec. 42. No school of medicine and surgery or osteopathic med-
36 icine and surgery shall be deemed accredited until it has permitted an
37 inspection thereof, if requested, and has been approved by the board.
38 New Sec. 43. (a) The board shall appoint an executive director, sub-
39 ject to confirmation by the senate as provided in K.S.A. 75-4315b and
40 amendments thereto. The executive director shall be in the unclassified
41 service under the Kansas civil service act and shall receive a salary fixed
42 by the board and approved by the governor. The executive director shall
43 not be a member of the board. Under the supervision of the board, the

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1 executive director shall be the chief administrative officer of the board
2 and shall perform such duties as may be specified by the board and as
3 may be required by law. The executive director shall be the custodian of
4 the common seal of the board, the books and records of the board and
5 shall keep minutes of all board proceedings.
6 (b) The board may employ an administrative assistant. The adminis-
7 trative assistant shall be in the unclassified service under the Kansas civil
8 service act and shall receive a salary fixed by the board and approved by
9 the governor. Under the supervision of the executive director, the ad-
10 ministrative assistant shall assist the executive director in the performance
11 of the duties of the executive director.
12 (c) The board may employ such clerical and other employees, who
13 shall be in the classified service under the Kansas civil service act, as it
14 considers necessary in order to administer and execute, under the super-
15 vision of the executive director, the provisions of this act or other statutes
16 delegating duties and responsibilities to the board, except that any attor-
17 ney employed by the board shall be in the unclassified service under the
18 Kansas civil service act and shall receive a salary fixed by the board and
19 approved by the governor.
20 (d) As necessary, the board shall be represented by an attorney ap-
21 pointed by the attorney general as provided by law, whose compensation
22 shall be determined and paid by the board with the approval of the gov-
23 ernor.
24 New Sec. 44. The board is hereby authorized to employ, appoint,
25 designate and utilize individuals who shall be agents of the board to eval-
26 uate and review investigative materials, conduct interviews and render
27 opinions, reports and testimony on matters which may result in discipli-
28 nary action against any individual who has received a license, permit,
29 registration or certification from the board or who has applied for any
30 license, permit, registration or certificate. No individual who provides
31 such services shall be liable in a civil action for damages or other relief
32 arising from testimony provided or recommendation or opinion made by
33 such individual acting without malice and in good faith within the scope
34 of such individual's capacity as an agent of the board.
35 New Sec. 45. All licenses duly issued by the state board of healing
36 arts prior to the taking effect of the medical practice act shall be and
37 continue in full force and effect and be renewed under the provisions of
38 this act.
39 New Sec. 46. No person licensed under this act shall use a title, word
40 or abbreviation in connection with the person's name which in any way
41 represents the person is engaged in the practice of any branch of medicine
42 and surgery for which the person is not qualified by degree to practice.
43 Only those persons graduating from an accredited school of medicine as

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1 defined in section 40 with a degree in medicine shall be permitted to use
2 the title ``M.D.'' Only those persons graduating from an accredited school
3 of osteopathic medicine as defined in section 41 with a degree in osteo-
4 pathic medicine shall be permitted to use the title ``D.O.'' In addition to
5 the title ``M.D.'' or ``D.O.'', such licensee shall attach the degree or de-
6 grees to which such a person is entitled by reason of such person's di-
7 ploma. Every licensee who uses ``Dr.'' or ``Doctor'' shall use the appro-
8 priate words or letters to identify such licensee with the branch of
9 medicine and surgery in which the person holds a license.
10 New Sec. 47. Every licensee shall be subject to all state and munic-
11 ipal regulations relating to the control of contagious and infectious dis-
12 eases, sign death certificates and any and all matters pertaining to public
13 health and shall report all matters pertaining to public health as required
14 by law.
15 New Sec. 48. (a) Nothing in the medical practice act shall be con-
16 strued to authorize any person licensed under this act to knowingly per-
17 form any act which in any way assists an unlicensed person, except as
18 provided under subsections (b) and (c), firm, association or corporation
19 (1) to make an examination of the eyes for the prescription of glasses, or
20 (2) to perform any of the practice acts for which optometrists are licensed.
21 (b) A person who is licensed to practice medicine and surgery may
22 delegate to assistants the performance of screening procedures for visual
23 acuities, color vision, visual fields, and intraocular pressure.
24 (c) A person who is licensed to practice medicine and surgery and
25 who has completed an approved postgraduate training program in oph-
26 thalmology or who is practicing as a fulltime ophthalmologist on the ef-
27 fective date of this act may utilize not more than three assistants to per-
28 form examination procedures which may be performed by a person
29 licensed to practice optometry. The examination procedures performed
30 by assistants to ophthalmologists shall be limited to data gathering at the
31 direct request of the ophthalmologist and to those examination proce-
32 dures which do not require professional interpretation or professional
33 judgment. These examination procedures may be performed by assistants
34 only under the immediate and personal supervision and within the office
35 of an ophthalmologist. Delegation to such assistants of the external and
36 internal evaluation of the eye, biomicroscopic evaluation, subjective re-
37 fraction, gonioscopic evaluation, final contact lens fit evaluation, orthoptic
38 and strabismus evaluations, visual training evaluations, analysis of findings
39 and the prescribing of ophthalmic lenses are prohibited.
40 New Sec. 49. Any licensee under the medical practice act shall be
41 subject to any provisions of the Kansas Statutes Annotated, and amend-
42 ments thereto, which refer to a ``health care provider,'' a licensee who
43 practices ``any branch of the healing arts'' or ``practices the healing arts.''

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1 New Sec. 50. On and after July 1, 1998:
2 (a) Except as otherwise provided by law, all of the powers, duties and
3 functions of the state board of healing arts services relating to professions
4 included in the Kansas medical practice act are hereby transferred to and
5 conferred and imposed upon the state board of medical professions.
6 (b) Except as otherwise provided by law, the state board of medical
7 professions shall be the successor in every way to the powers, duties and
8 functions of the state board of healing arts concerning professions now
9 under the state board of healing arts in which the same were vested prior
10 to the effective date of this act. Every act performed in the exercise of
11 such powers, duties and functions by or under the authority of the state
12 board of medical professions concerning the practice of medicine and
13 surgery, shall be deemed to have the same force and effect as if performed
14 by the state board of healing arts in which such powers, duties and func-
15 tions were vested prior to the effective date of this act.
16 (c) Except as otherwise provided by law, whenever the state board of
17 healing arts, or words of like effect concerning medical professional serv-
18 ices, is referred to or designated by a statute, contract or other document,
19 such reference or designation shall be deemed to apply to the state board
20 of medical professions.
21 (d) All rules and regulations of the state board of healing arts con-
22 cerning licensees under the medical practice act in existence on the ef-
23 fective date of this section shall continue to be effective and shall be
24 deemed to be duly adopted rules and regulations of the state board of
25 medical professions until revised, amended, revoked or nullified pursuant
26 to law.
27 (e) All orders and directives of the state board of healing arts which
28 are in existence on the effective date of this act and which relate to pow-
29 ers, duties and functions transferred to the state board of medical pro-
30 fessions under this act shall continue to be effective and shall be deemed
31 to be orders and directives of the state board of medical professions until
32 revised, amended or nullified pursuant to law.
33 (f) On and after July 1, 1998:
34 When any conflict arises as to the disposition of any power, function
35 or duty or the unexpended balance of any appropriation as a result of any
36 abolition, transfer, attachment or change made by or under authority of
37 this act, such conflict shall be resolved by the governor, whose decision
38 shall be final.
39 (g) The state board of medical professions shall succeed to all prop-
40 erty and records which were used for or pertain to the performance of
41 the powers, duties and functions transferred to the state board of medical
42 professions under this act. Any conflict as to the proper disposition of
43 property or records arising under this act, and resulting from the transfer

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1 of any powers, duties and functions under this act, shall be determined
2 by the governor, whose decision shall be final.
3 (h) No suit, action or other proceeding, judicial or administrative,
4 lawfully commenced, or which could have been commenced, by or against
5 any state agency or by or against any person in such person's official
6 capacity or in relation to the discharge of such person's duties, shall abate
7 by reason of the governmental reorganization effected under the provi-
8 sions of this act. The court may allow any such suit, action or other pro-
9 ceeding to be maintained by or against the state agency or person af-
10 fected.
11 (i) No criminal action commenced or which could have been com-
12 menced by the state shall abate by the taking effect of this act.
13 (j) The balance of all funds appropriated and reappropriated to the
14 state board of healing arts which are intended to finance the activities
15 transferred to the state board of medical professions under this act is
16 hereby transferred to the state board of medical professions and shall be
17 used only for the purpose for which the appropriation was originally
18 made.
19 New Sec. 51. (a) No person reporting to the state board of medical
20 professions in good faith any information such person may have relating
21 to alleged incidents of malpractice, or the qualifications, fitness or char-
22 acter of, or disciplinary action taken against, a person licensed, registered
23 or certified by the board shall be subject to a civil action for damages as
24 a result of reporting such information.
25 (b) Any state, regional or local association composed of persons li-
26 censed to practice a branch of the healing arts and the individual members
27 of any committee thereof, which in good faith investigates or communi-
28 cates information pertaining to the alleged incidents of malpractice, or
29 the qualifications, fitness or character of, or disciplinary action taken
30 against, any licensee, registrant or certificate holder to the state board of
31 medical professions or to any committee or agent thereof, shall be im-
32 mune from liability in any civil action, that is based upon such investi-
33 gation or transmittal of information if the investigation and communica-
34 tion was made in good faith and did not represent as true any matter not
35 reasonably believed to be true.
36 Sec. 52. K.S.A. 65-2802 is hereby amended to read as follows: 65-
37 2802. For the purpose of this act the following definitions shall apply:
38 ~~(a) The healing arts include any system, treatment, operation, diag-~~
39 ~~nosis, prescription, or practice for the ascertainment, cure, relief, pallia-~~
40 ~~tion, adjustment, or correction of any human disease, ailment, deformity,~~
41 ~~or injury, and includes specifically but not by way of limitation the practice~~
42 ~~of medicine and surgery; the practice of osteopathic medicine and surgery~~
43 ~~and the practice of chiropractic.~~

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1 ~~(b)~~ (a) ``Board'' shall mean the state board of healing arts.
2   ~~(c)~~ (b) ``License'' shall mean a license to practice the healing arts
3 granted under this act.
4   ~~(d)~~ (c) ``Licensed'' or ``licensee'' shall mean a person licensed   ~~under~~
5 ~~this act~~ to practice   ~~>=dicine and surgery, osteopathic medicine and sur-~~
6 ~~gery or~~ chiropractic.
7   ~~(e)~~ (d) Wherever the masculine gender is used it shall be construed
8 to include the feminine, and the singular number shall include the plural
9 when consistent with the intent of this act.
10 Sec. 53. K.S.A. 65-2812 is hereby amended to read as follows: 65-
11 2812. For the purpose of administering the provisions of this act, the
12 governor shall appoint a state board of healing arts consisting of   15 seven
13 members. At least 30 days before the expiration of any term, other than
14 that of the member appointed from the general public   ~~and the licensed~~
15 ~~podiatrist member of the board~~, the professional society or association
16 shall submit to the governor a list of three or more names of persons of
17 recognized ability who have the qualifications prescribed for board mem-
18 bers for each member of the board who will be appointed from its branch
19 of the healing arts. The governor shall consider the list of persons in
20 making the appointment to the board. In case of a vacancy on the board,
21 other than that of the member appointed from the general public   ~~and~~
22 ~~the licensed podiatrist member of the board~~, prior to the expiration of a
23 term of office, the governor shall appoint a qualified successor to fill the
24 unexpired term, and in making the appointment the governor shall give
25 consideration to the list of persons last submitted to the governor.
26 Sec. 54. K.S.A. 65-2813 is hereby amended to read as follows: 65-
27 2813.   ~~Five members of the board shall hold a degree of doctor of med-~~
28 ~~icine from an accredited medical school and shall be residents of and have~~
29 ~~been actively engaged in the practice of medicine and surgery in the state~~
30 ~~of Kansas under license issued in this state, for a period of at least six~~
31 ~~consecutive years immediately preceding their appointment; three mem-~~
32 ~~bers shall hold a degree of doctor of osteopathy from an accredited school~~
33 ~~of osteopathic medicine and surgery and shall be residents of and have~~
34 ~~been actively engaged in the practice of osteopathic medicine and surgery~~
35 ~~in the state of Kansas under license issued in this state, for a period of at~~
36 ~~least six consecutive years immediately preceding their appointment;~~
37 Three members shall hold a degree of doctor of chiropractic from an
38 accredited school of chiropractic and shall be residents of and have been
39 actively engaged in the practice of chiropractic in the state of Kansas
40 under license issued in this state, for a period of at least six consecutive
41 years immediately preceding their appointment; one member shall be a
42 licensed podiatrist and shall be a resident of and have been actively en-
43 gaged in the practice of podiatry in the state of Kansas under license

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1 issued in this state for a period of at least six consecutive years immedi-
2 ately preceding appointment; and three members shall be appointed to
3 represent the general public of this state. Subject to the provisions of
4 K.S.A.   ~~1992 Supp.~~ 75-4315c, and amendments thereto, no two of the
5 members representing the general public shall be from the same United
6 States congressional district. No member representing the general public
7 shall be the spouse of a licensee of the healing arts or a person or the
8 spouse of a person who has a financial interest in any person's practice
9 of the healing arts.
10 Sec. 55. K.S.A. 65-2822 is hereby amended to read as follows: 65-
11 2822.   ~~Eight~~ Four members shall constitute a quorum for the transaction
12 of business.
13 Sec. 56. K.S.A. 65-2833 is hereby amended to read as follows: 65-
14 2833. The board, without examination, may issue a license to a person
15 who has been in the active practice of a branch of the healing arts in some
16 other state, territory, the District of Columbia or other country upon
17 certificate of the proper licensing authority of that state, territory, District
18 of Columbia or other country certifying that the applicant is duly licensed,
19 that the applicant's license has never been limited, suspended or revoked,
20 that the licensee has never been censured or had other disciplinary action
21 taken and that, so far as the records of such authority are concerned, the
22 applicant is entitled to its endorsement. The applicant shall also present
23 proof satisfactory to the board:
24 (a) That the state, territory, District of Columbia or country in which
25 the applicant last practiced has and maintains standards at least equal to
26 those maintained by Kansas.
27 (b) That the applicant's original license was based upon an exami-
28 nation at least equal in quality to the examination required in this state
29 and that the passing grade required to obtain such original license was
30 comparable to that required in this state.
31 (c) Of the date of the applicant's original and any and all endorsed
32 licenses and the date and place from which any license was attained.
33 (d) That the applicant has been actively engaged in practice under
34 such license or licenses since issued, and if not, fix the time when and
35 reason why the applicant was out of practice.
36 (e) That the applicant has a reasonable ability to communicate in
37 English.
38 An applicant for endorsement registration shall not be licensed unless
39 the applicant's individual qualifications meet the Kansas legal require-
40 ments.
41 In lieu of any other requirement prescribed by law for satisfactory
42 passage of any examination   ~~in any branch of the healing arts~~ required
43 pursuant to this act the board may accept evidence satisfactory to it that

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1 the chiropractic applicant or licensee has satisfactorily passed an equiv-
2 alent examination given by a the national board of examiners ~~in chiro-~~
3 ~~practic, osteopathic medicine and surgery or medicine and surgery~~ as now
4 required by Kansas statutes for endorsement from other states.
5 Sec. 57. K.S.A. 1997 Supp. 65-2836 is hereby amended to read as
6 follows: 65-2836. A licensee's license may be revoked, suspended or lim-
7 ited, or the licensee may be publicly or privately censured, or an appli-
8 cation for a license or for reinstatement of a license may be denied upon
9 a finding of the existence of any of the following grounds:
10 (a) The licensee has committed fraud or misrepresentation in apply-
11 ing for or securing an original, renewal or reinstated license.
12 (b) The licensee has committed an act of unprofessional or dishon-
13 orable conduct or professional incompetency.
14 (c) The licensee has been convicted of a felony or class A misde-
15 meanor, whether or not related to the practice of the healing arts.
16 (d) The licensee has used fraudulent or false advertisements.
17 (e) The licensee is addicted to or has distributed intoxicating liquors
18 or drugs for any other than lawful purposes.
19 (f) The licensee has willfully or repeatedly violated this act, the phar-
20 macy act of the state of Kansas or the uniform controlled substances act,
21 or any rules and regulations adopted pursuant thereto, or any rules and
22 regulations of the secretary of health and environment which are relevant
23 to the practice of the healing arts.
24 (g) The licensee has unlawfully invaded ~~(tri-stars)e~~ a field of practice ~~of any~~
25 ~~branch of the healing arts~~ in which the licensee is not licensed to practice.
26 (h) The licensee has engaged in the practice of the healing arts under
27 a false or assumed name, or the impersonation of another practitioner.
28 The provisions of this subsection relating to an assumed name shall not
29 apply to licensees practicing under a professional corporation or other
30 legal entity duly authorized to provide such professional services in the
31 state of Kansas.
32 (i) The licensee has the inability to practice the branch of the healing
33 arts for which the licensee is licensed with reasonable skill and safety to
34 patients by reason of illness, alcoholism, excessive use of drugs, controlled
35 substances, chemical or any other type of material or as a result of any
36 mental or physical condition. In determining whether or not such inability
37 exists, the board, upon reasonable suspicion of such inability, shall have
38 authority to compel a licensee to submit to mental or physical examination
39 or drug screen, or any combination thereof, by such persons as the board
40 may designate. To determine whether reasonable suspicion of such ina-
41 bility exists, the investigative information shall be presented to the board
42 as a whole, to a review committee of professional peers of the licensee
43 established pursuant to K.S.A. 65-2840c and amendments thereto, or to

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1 a committee consisting of the officers of the board elected pursuant to
2 K.S.A. 65-2818 and amendments thereto, and the executive director ap-
3 pointed pursuant to K.S.A. 65-2878 and amendments thereto, and the
4 determination shall be made by a majority vote of the entity which re-
5 viewed the investigative information. Information submitted to the board
6 as a whole or a review committee of peers or a committee of the officers
7 and executive director of the board and all reports, findings and other
8 records shall be confidential and not subject to discovery by or release to
9 any person or entity. The licensee shall submit to the board a release of
10 information authorizing the board to obtain a report of such examination
11 or drug screen, or both. A person affected by this subsection shall be
12 offered, at reasonable intervals, an opportunity to demonstrate that such
13 person can resume the competent practice of the healing arts with rea-
14 sonable skill and safety to patients. For the purpose of this subsection,
15 every person licensed to practice the healing arts and who shall accept
16 the privilege to practice the healing arts in this state by so practicing or
17 by the making and filing of an annual renewal to practice the healing arts
18 in this state shall be deemed to have consented to submit to a mental or
19 physical examination or a drug screen, or any combination thereof, when
20 directed in writing by the board and further to have waived all objections
21 to the admissibility of the testimony, drug screen or examination report
22 of the person conducting such examination or drug screen, or both, at
23 any proceeding or hearing before the board on the ground that such
24 testimony or examination or drug screen report constitutes a privileged
25 communication. In any proceeding by the board pursuant to the provi-
26 sions of this subsection, the record of such board proceedings involving
27 the mental and physical examination or drug screen, or any combination
28 thereof, shall not be used in any other administrative or judicial proceed-
29 ing.
30 (j) The licensee has had a license to practice the healing arts revoked,
31 suspended or limited, has been censured or has had other disciplinary
32 action taken, or an application for a license denied, by the proper licensing
33 authority of another state, territory, District of Columbia, or other coun-
34 try, a certified copy of the record of the action of the other jurisdiction
35 being conclusive evidence thereof.
36 (k) The licensee has violated any lawful rule and regulation promul-
37 gated by the board or violated any lawful order or directive of the board
38 previously entered by the board.
39 (l) The licensee has failed to report or reveal the knowledge required
40 to be reported or revealed under K.S.A. 65-28,122 and amendments
41 thereto.
42 (m) ~~The licensee, if licensed to practice medicine and surgery, has~~
43 ~~failed to inform a patient suffering from any form of abnormality of the~~

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1 ~~breast tissue for which surgery is a recommended form of treatment, of~~
2 ~~alternative methods of treatment specified in the standardized summary~~
3 ~~supplied by the board. The standardized summary shall be given to each~~
4 ~~patient specified herein as soon as practicable and medically indicated~~
5 ~~following diagnosis, and this shall constitute compliance with the require-~~
6 ~~ments of this subsection. The board shall develop and distribute to per-~~
7 ~~sons licensed to practice medicine and surgery a standardized summary~~
8 ~~of the alternative methods of treatment known to the board at the time~~
9 ~~of distribution of the standardized summary, including surgical, radiolog-~~
10 ~~ical or chemotherapeutic treatments or combinations of treatments and~~
11 ~~the risks associated with each of these methods. Nothing in this subsection~~
12 ~~shall be construed or operate to empower or authorize the board to re-~~
13 ~~strict in any manner the right of a person licensed to practice medicine~~
14 ~~and surgery to recommend a method of treatment or to restrict in any~~
15 ~~manner a patient's right to select a method of treatment. The standard-~~
16 ~~ized summary shall not be construed as a recommendation by the board~~
17 ~~of any method of treatment. The preceding sentence or words having the~~
18 ~~same meaning shall be printed as a part of the standardized summary.~~
19 ~~The provisions of this subsection shall not be effective until the stan-~~
20 ~~dardized written summary provided for in this subsection is developed~~
21 ~~and printed and made available by the board to persons licensed by the~~
22 ~~board to practice medicine and surgery.~~
23 ~~(m)~~ The licensee has cheated on or attempted to subvert the validity
24 of the examination for a license.
25   ~~(o)~~ (n) The licensee has been found to be mentally ill, disabled, not
26 guilty by reason of insanity, not guilty because the licensee suffers from
27 a mental disease or defect or incompetent to stand trial by a court of
28 competent jurisdiction.
29   ~~(p) The licensee has prescribed, sold, administered, distributed or~~
30 ~~given a controlled substance to any person for other than medically ac-~~
31 ~~cepted or lawful purposes.~~
32 ~~(q)~~ (o) The licensee has violated a federal law or regulation relating
33 to controlled substances.
34   ~~(r)~~ (p) The licensee has failed to furnish the board, or its investigators
35 or representatives, any information legally requested by the board.
36   ~~(s)~~ (q) Sanctions or disciplinary actions have been taken against the
37 licensee by a peer review committee, health care facility, a governmental
38 agency or department or a professional association or society for acts or
39 conduct similar to acts or conduct which would constitute grounds for
40 disciplinary action under this section.
41   ~~(t)~~ (r) The licensee has failed to report to the board any adverse action
42 taken against the licensee by another state or licensing jurisdiction, a peer
43 review body, a health care facility, a professional association or society, a

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1 governmental agency, by a law enforcement agency or a court for acts or
2 conduct similar to acts or conduct which would constitute grounds for
3 disciplinary action under this section.
4   ~~(u)~~ (s) The licensee has surrendered a license or authorization to
5 practice the healing arts in another state or jurisdiction, has surrendered
6 the authority to utilize controlled substances issued by any state or federal
7 agency, has agreed to a limitation to or restriction of privileges at any
8 medical care facility or has surrendered the licensee's membership on any
9 professional staff or in any professional association or society while under
10 investigation for acts or conduct similar to acts or conduct which would
11 constitute grounds for disciplinary action under this section.
12   ~~(v)~~ (t) The licensee has failed to report to the board surrender of the
13 licensee's license or authorization to practice the healing arts in another
14 state or jurisdiction or surrender of the licensee's membership on any
15 professional staff or in any professional association or society while under
16 investigation for acts or conduct similar to acts or conduct which would
17 constitute grounds for disciplinary action under this section.
18   ~~(w)~~ (u) The licensee has an adverse judgment, award or settlement
19 against the licensee resulting from a medical liability claim related to acts
20 or conduct similar to acts or conduct which would constitute grounds for
21 disciplinary action under this section.
22   ~~(x)~~ (v) The licensee has failed to report to the board any adverse
23 judgment, settlement or award against the licensee resulting from a med-
24 ical malpractice liability claim related to acts or conduct similar to acts or
25 conduct which would constitute grounds for disciplinary action under this
26 section.
27   ~~(y)~~ (w) The licensee has failed to maintain a policy of professional
28 liability insurance as required by K.S.A. 40-3402 or 40-3403a and amend-
29 ments thereto.
30   ~~(z)~~ (x) The licensee has failed to pay the annual premium surcharge
31 as required by K.S.A. 40-3404 and amendments thereto.
32   ~~(aa)~~ (y) The licensee has knowingly submitted any misleading, de-
33 ceptive, untrue or fraudulent representation on a claim form, bill or state-
34 ment.
35   ~~(bb) The licensee as the responsible physician for a physician's assis-~~
36 ~~tant has failed to adequately direct and supervise the physician's assistant~~
37 ~~in accordance with K.S.A. 65-2896 to 65-2897a, inclusive, and amend-~~
38 ~~ments thereto, or rules and regulations adopted under such statutes.~~
39 Sec. 58. K.S.A. 65-2865 is hereby amended to read as follows: 65-
40 2865. The board shall promulgate all necessary rules and regulations, not
41 inconsistent herewith, for carrying out the provisions of this act  ~~, which~~
42 ~~rules and regulations shall include standards for the dispensing of drugs~~
43 ~~by persons licensed to practice medicine and surgery~~. It may also adopt

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1 rules and regulations supplementing any of the provisions herein con-
2 tained but not inconsistent with this act. All rules and regulations prom-
3 ulgated and adopted by the board shall be filed with the secretary of state
4 as required by law.
5 Sec. 59. K.S.A. 65-2872 is hereby amended to read as follows: 65-
6 2872. The practice of the healing arts shall not be construed to include
7 the following persons:
8 (a) Persons rendering gratuitous services in the case of an emergency.
9 (b) Persons gratuitously administering ordinary household remedies.
10 (c) The members of any church practicing their religious tenets pro-
11 vided they shall not be exempt from complying with all public health
12 regulations of the state.
13 (d) Students while in actual classroom attendance in an accredited
14 healing arts school who after completing one   ~~(1)~~ year's study treat diseases
15 under the supervision of a licensed instructor.
16 (e) Students upon the completion of at least three   ~~(3)~~ years' study in
17 an accredited healing arts school and who, as a part of their academic
18 requirements for a degree, serve a preceptorship not to exceed   ~~ninety~~
19 ~~(90)~~ 90 days under the supervision of a licensed practitioner.
20 (f) Persons who massage for the purpose of relaxation, muscle con-
21 ditioning, or figure improvement, provided no drugs are used and such
22 persons do not hold themselves out to be physicians or healers.
23 (g) Persons whose professional services are performed under the su-
24 pervision or by order of or referral from a practitioner who is licensed
25 under this act.
26 (h) Persons in the general fields of psychology, education and social
27 work, dealing with the social, psychological and moral well-being of in-
28 dividuals and/or groups provided they do not use drugs and do not hold
29 themselves out to be the physicians, surgeons, osteopathic physicians or
30 chiropractors.
31 (i) Practitioners of the healing arts in the United States army, navy,
32 air force, public health service, and coast guard or other military service
33 when acting in the line of duty in this state.
34 (j) Practitioners of the healing arts licensed in another state when and
35 while incidentally called into this state in consultation with practitioners
36 licensed in this state, or residing on the border of a neighboring state,
37 duly licensed under the laws thereof to practice a branch of the healing
38 arts, but who do not open an office or maintain or appoint a place to
39 regularly meet patients or to receive calls within this state.
40 (k) Dentists practicing their professions, when licensed and practic-
41 ing in accordance with the provisions of article 14 of chapter 65 of the
42 Kansas Statutes Annotated, or amendments thereto, and any interpreta-
43 tion thereof by the supreme court of this state.

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1 (l) Optometrists practicing their professions, when licensed and prac-
2 ticing under and in accordance with the provisions of article 15 of chapter
3 65 of the Kansas Statutes Annotated, or amendments thereto, and any
4 interpretation thereof by the supreme court of this state.
5 (m) Nurses practicing their profession when licensed and practicing
6 under and in accordance with the provisions of article 11 of chapter 65
7 of the Kansas Statutes Annotated, or amendments thereto, and any in-
8 terpretation thereof by the supreme court of this state.
9 (n) Podiatrists practicing their profession, when licensed and practic-
10 ing under and in accordance with the provisions of article 20 of chapter
11 65 of the Kansas Statutes Annotated, or amendments thereto, and any
12 interpretation thereof by the supreme court of this state.
13 (o) Every act or practice falling in the field of the healing art, not
14 specifically excepted herein, shall constitute the practice thereof.
15 (p) Pharmacists practicing their profession, when licensed and prac-
16 ticing under and in accordance with the provisions of article 16 of chapter
17 65 of the Kansas Statutes Annotated, or amendments thereto, and any
18 interpretation thereof by the supreme court of this state.
19 (q) A dentist licensed in accordance with the provisions of article 14
20 of chapter 65 of the Kansas Statutes Annotated who administers general
21 and local anesthetics to facilitate medical procedures conducted by a per-
22 son licensed to practice medicine and surgery if such dentist is certified
23 by the board of healing arts under K.S.A. 65-2899, and amendments
24 thereto, to administer such general and local anesthetics.
25 (r) Persons licensed to practice medicine and surgery under the med-
26 ical practice act, section 1 et seq. and amendments thereto.
27 Sec. 60. K.S.A. 65-2873 is hereby amended to read as follows: 65-
28 2873. (a) Each applicant for a license by examination to practice   ~~any~~
29 ~~branch of the healing arts in this state~~ under this act shall:
30 (1) Present to the board evidence of proficiency in the basic sciences
31 issued by the national board of   ~~>=dical examiners, the board of examiners~~
32 ~~of osteopathic physicians and surgeons or the national board of~~ chiro-
33 practic examiners or such other examining body as may be approved by
34 the board or in lieu thereof pass such examination as the board may
35 require in the basic science subjects;
36 (2) present proof that the applicant is a graduate of an accredited
37 healing arts school or college; and
38 (3) pass an examination prescribed and conducted by the board cov-
39 ering the subjects incident to the practice of the branch of healing art for
40 which the applicant applies.
41   ~~(b) Any person seeking a license to practice medicine and surgery~~
42 ~~shall present proof that such person has completed acceptable postgrad-~~
43 ~~uate study as may be required by the board by regulations.~~

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1 ~~(c) The board may authorize an applicant who does not meet the~~
2 ~~requirements of paragraph (2) of subsection (a) to take the examination~~
3 ~~for licensure if the applicant:~~
4 ~~(1) Has completed three years of postgraduate training as approved~~
5 ~~by the board;~~
6 ~~(2) is a graduate of a school which has been in operation for not less~~
7 ~~than 15 years and the graduates of which have been licensed in another~~
8 ~~state or states which has standards similar to Kansas; and~~
9 ~~(3) meets all other requirements for taking the examination for licen-~~
10 ~~sure of the Kansas healing arts act.~~
11 ~~(d) In addition to the examination required under paragraph (3) of~~
12 ~~subsection (a), if the applicant is a foreign medical graduate the applicant~~
13 ~~shall pass an examination given by the educational commission for foreign~~
14 ~~medical graduates.~~
15   ~~(e)~~ (b) No person licensed to practice and actively engaged in the
16 practice of the healing arts shall attach to such person's name any title,
17 or any word or abbreviation indicating that such person is a doctor of any
18 branch of the healing arts other than the branch of the healing arts in
19 which such person holds a license but shall attach to such person's name
20 the degree or degrees to which such person is entitled by reason of such
21 person's diploma.
22 Sec. 61. K.S.A. 65-2881 is hereby amended to read as follows: 65-
23 2881. All licenses duly issued prior to   ~~(tri-stars)e taking effect of this act~~ July 1,
24 1998, shall be and continue in full force and effect   ~~and be renewed under~~
25 ~~the provisions hereof~~ until the time of renewal when the license shall be
26 renewed under the provisions of this act or the provisions of the medical
27 professions act at section 1 et seq.
28 Sec. 62. K.S.A. 65-2886 is hereby amended to read as follows: 65-
29 2886. Every licensee hereunder shall be subject to all state and municipal
30 regulations relating to the control of contagious and infectious diseases;
31   ~~sign death certificates and~~ any and all matters pertaining to public health,
32 and shall report all matters pertaining to public health as required by law.
33 Sec. 63. K.S.A. 1997 Supp. 65-2895 is hereby amended to read as
34 follows: 65-2895. (a) There is hereby created a designation of institutional
35 license which may be issued by the board of healing arts or board of
36 medical professions to a person who is a graduate of an accredited school
37 of the healing arts, a school of medicine and surgery or a school which
38 has been in operation for not less than 15 years and the graduates of
39 which have been licensed in another state or states which have standards
40 similar to Kansas and who is employed as provided in this section. Subject
41 to the restrictions of this section, the institutional license shall confer upon
42 the holder the right and privilege to practice that branch of the healing
43 arts in which the holder of the institutional license is proficient and shall

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1 obligate the holder to comply with all requirements of such license. The
2 practice privileges of institutional license holders are restricted as follows:
3 The institutional license shall be valid only during the period in which
4 the holder is: (1) Employed by the department of social and rehabilitation
5 services, employed by any institution within the department of corrections
6 or employed pursuant to a contract entered into by the department of
7 social and rehabilitation services or the department of corrections with a
8 third party, and only within the institution to which the holder is assigned;
9 or (2) issued an institutional license prior to the effective date of this act
10 and is employed to provide mental health services in the employ of a
11 Kansas licensed community mental health center, or one of its contracted
12 affiliates, or a federal, state, county or municipal agency, or other political
13 subdivision, or a contractor of a federal, state, county or municipal agency,
14 or other political subdivision, or a duly chartered educational institution,
15 or a medical care facility licensed under K.S.A. 65-425 et seq, and amend-
16 ments thereto, in a psychiatric hospital licensed under K.S.A. 75-3307b
17 and amendments thereto, or a contractor of such educational institution,
18 medical care facility or psychiatric hospital, and whose practice, in any
19 such employment, is limited to providing mental health services, is a part
20 of the duties of such licensee's paid position and is performed solely on
21 behalf of the employer.
22 (b) An institutional license shall be valid for a period of two years
23 after the date of issuance and may be renewed if the applicant for renewal
24 is eligible to obtain an institutional license under this section, has suc-
25 cessfully completed the examination required under subsection (a)(3) of
26 K.S.A. 65-2873 and amendments thereto and has submitted evidence of
27 satisfactory completion of a program of continuing education required by
28 the board of healing arts or the board of medical professions.   ~~The board~~
29 Both boards shall require each applicant for renewal of an institutional
30 license under this section to submit evidence of satisfactory completion
31 of a program of continuing education required by the board of licensees
32 of the branch of the healing arts in which the applicant is proficient.
33 (c) This section shall be a part of and supplemental to the Kansas
34 healing arts act.
35 Sec. 64. K.S.A. 1997 Supp. 65-2896 is hereby amended to read as
36 follows: 65-2896. (a) The state board of   ~~healing arts~~ medical professions
37 shall maintain a register of the names of physicians' assistants registered
38 in accordance with the provisions of K.S.A. 65-2896a and amendments
39 thereto.
40 (b) All registrations, except temporary registration, shall expire on the
41 date of expiration established by rules and regulations of the state board
42 of   ~~healing arts~~ medical professions and may be renewed annually upon
43 request of the registrant. The request for renewal shall be on a form

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1 provided by the state board of   ~~healing arts~~ medical professions and shall
2 be accompanied by the renewal fee established pursuant to this section,
3 which shall be paid not later than the expiration date of the registration.
4 (c) At least 30 days before the expiration of the registration of a phy-
5 sician assistant, except temporary registration, the state board of   ~~healing~~
6 ~~arts~~ medical professions shall notify the registrant of the expiration by
7 mail addressed to the registrant's last place of residence as noted upon
8 the office records of the board. If the registrant fails to pay the renewal
9 fee by the date of expiration of the registration, the registrant shall be
10 given a second notice that the registrant's registration has expired and the
11 registration may be renewed only if the renewal fee and the late renewal
12 fee are received by the state board of   ~~healing arts~~ medical professions
13 within the 30-day period following the date of expiration and that, if both
14 fees are not received within the 30-day period, the registration shall be
15 considered to have lapsed for failure to renew and shall be reissued only
16 after the physician assistant has been reinstated under subsection (d).
17 (d) Any registrant who allows the registrant's registration to lapse by
18 failing to renew as herein provided may be reinstated upon recommen-
19 dation of the state board of   ~~healing arts~~ medical professions and upon
20 payment of the renewal fee and the reinstatement fee and upon submit-
21 ting evidence of satisfactory completion of any applicable continuing ed-
22 ucation requirements established by the board. The board shall adopt
23 rules and regulations establishing appropriate continuing education
24 requirements for reinstatement of persons whose registrations have
25 lapsed for failure to renew.
26 (e) The following fees shall be fixed by rules and regulations adopted
27 by the state board of   ~~healing arts~~ medical professions and shall be col-
28 lected by the board:
29 (1) For registration as a physician assistant, the sum of not more than
30 $200;
31 (2) for temporary registration as a physician assistant, the sum of not
32 more than $30;
33 (3) for the renewal of registration as a physician assistant, the sum of
34 not more than $150;
35 (4) for the late renewal of registration as a physician assistant, the
36 sum of not more than $250;
37 (5) for reinstatement of a physician assistant whose name has been
38 removed from the register, the sum of not more than $250;
39 (6) for a certified statement from the board that a physician assistant
40 is registered in this state, the sum of not more than $30;
41 (7) for a copy of the registration certificate of a physician assistant,
42 the sum of not more than $25; and
43 (8) for written verification of any registration, the sum of not more

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1 than $25.
2 (f) The state board of   ~~healing arts~~ medical professions shall remit all
3 moneys received by or for the board under the provisions of this act to
4 the state treasurer and such money shall be deposited in the state treas-
5 ury, credited to the state general fund and the   ~~healing arts~~ medical pro-
6 fessions fee fund and expended all in accordance with K.S.A. 65-2855 and
7 amendments thereto.
8 (g) The state board of   ~~healing arts~~ medical professions may adopt
9 rules and regulations necessary to carry out the provisions of this act and
10 the act of which this section is amendatory.
11 Sec. 65. K.S.A. 65-2896a is hereby amended to read as follows: 65-
12 2896a. (a) No person's name shall be entered on the register of physicians'
13 assistants by the state board of   ~~healing arts~~ medical professions unless
14 such person has:
15 (1) Presented to the state board of   ~~healing arts~~ medical professions
16 proof of graduation from an accredited high school or the equivalent
17 thereof; and
18 (2) Presented to the state board of   ~~healing arts~~ medical professions
19 proof that the applicant has successfully completed a course of education
20 and training approved by the   ~~§ate~~ board   ~~of healing arts~~ for the education
21 and training of physicians' assistants or presented to the   ~~§ate~~ board   of
22 ~~healing arts~~ proof that the applicant has acquired experience while serving
23 in the armed forces of the United States which experience is equivalent
24 to the minimum experience requirements established by the   ~~§ate~~ board
25   ~~of healing arts~~;
26 (3) passed an examination approved by the state board of   ~~healing arts~~
27 medical professions covering subjects incident to the education and train-
28 ing of physicians' assistants; and
29 (4) presented to the state board of   ~~healing arts~~ medical professions a
30 request signed by the applicant's proposed responsible physician on a
31 form provided by the board which shall contain such information as re-
32 quired by rules and regulations adopted by the board.
33 (b) The board may refuse to enter a person's name on the register of
34 physicians' assistants upon any of the grounds for which the board may
35 remove a person's name from such register.
36 (c) A physician's assistant shall at the time of initial registration and
37 any renewal thereof present to the state board of   ~~healing arts~~ medical
38 professions the name and address of such person's responsible physician.
39 Whenever a physician's assistant shall cease to be employed by the re-
40 sponsible physician, such responsible physician shall notify the   ~~§ate~~ board
41   ~~of healing arts~~ of such termination. Whenever a physician's assistant shall
42 seek to obtain a new responsible physician prior to the renewal of the
43 physician's assistant's annual registration, such proposed responsible phy-

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1 sician shall notify the   ~~§ate~~ board   ~~of healing arts~~ of such prospective em-
2 ployment and shall provide a request as required by subsection (a)(4). All
3 such notifications shall be given to the   ~~§ate~~ board   ~~of healing arts~~ as soon
4 as practicable but not be less than 10 days prior to the prospective date
5 of employment.
6 (d) The state board of   ~~healing arts~~ medical professions shall require
7 every physician's assistant to submit with the renewal application evidence
8 of satisfactory completion of a program of continuing education required
9 by the state board of   ~~healing arts~~ medical professions. The   ~~§ate~~ board   of
10 ~~healing arts~~ by duly adopted rules and regulations shall establish the
11 requirements for such program of continuing education as soon as pos-
12 sible after the effective date of this act. In establishing such requirements
13 the   ~~§ate~~ board   ~~of healing arts~~ shall consider any existing programs of
14 continuing education currently being offered to physicians' assistants.
15 (e) A person whose name has been entered on the register of phy-
16 sicians' assistants prior to the effective date of this act shall not be subject
17 to the provisions of subsection (a), unless such person's name has been
18 removed from the register of physicians' assistants pursuant to the pro-
19 visions of K.S.A. 65-2896b and amendments thereto.
20 Sec. 66. K.S.A. 65-2896b is hereby amended to read as follows: 65-
21 2896b. (a) The board of   ~~healing arts~~ medical professions may remove a
22 person's name from the register of physicians' assistants for any of the
23 following reasons:
24 (1) The person whose name is entered on the register of physicians'
25 assistants requests or consents to the removal thereof;
26 (2) the board of   ~~healing arts~~ medical professions determines that the
27 person whose name is entered on the register of physicians' assistants has
28 not been employed as a physician's assistant or as a teacher or instructor
29 of persons being educated and trained to become physicians' assistants
30 in a course of education and training approved by the   ~~§ate~~ board   of
31 ~~healing arts~~ under K.S.A. 65-2896a and amendments thereto at some time
32 during the five years immediately preceding the date of such determi-
33 nation;
34 (3) if the board determines, after notice and opportunity to be heard,
35 in accordance with the provisions of the Kansas administrative procedure
36 act, that a physician's assistant has violated any provision of K.S.A. 65-
37 2896 to 65-2897a, inclusive, and amendments thereto, or any rules and
38 regulations adopted pursuant thereto; or
39 (4) if the board determines, after notice and opportunity to be heard,
40 in accordance with the provisions of the Kansas administrative procedure
41 act, that the request by the proposed responsible physician pursuant to
42 subsection (a)(4) of K.S.A. 65-2896a and amendments thereto should not
43 be approved.

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1 (b) The board of   ~~healing arts~~ medical professions may remove a per-
2 son's name from the register of physicians' assistants or may refuse to
3 place a person's name on the register of physicians' assistants, if the board
4 determines, after notice and opportunity for hearing in accordance with
5 the provisions of the Kansas administrative procedure act, that a physi-
6 cian's assistant has exceeded or has acted outside the scope of authority
7 given the physician's assistant by the responsible physician or by this act.
8 Sec. 67. K.S.A. 65-2896d is hereby amended to read as follows: 65-
9 2896d. The state board of   ~~healing arts~~ medical professions shall provide
10 for the temporary registration of any physician's assistant who has made
11 proper application for registration, has the required qualifications for reg-
12 istration, except for examination, and has paid the prescribed registration
13 fee. Such temporary registration shall authorize the person so registered
14 to provide patient services within the limits of the temporary registration
15 until the date the results of the examination become available. Not more
16 than one such temporary registration shall be permitted to any one person
17 without the majority approval of the members of the board.
18 Sec. 68. K.S.A. 65-2897a is hereby amended to read as follows: 65-
19 2897a. The following words and phrases when used in this act shall have
20 the meanings respectively ascribed to them in this section:
21 (a) ``Direction and supervision'' means the guidance, direction and
22 coordination of activities of a physician's assistant by such person's re-
23 sponsible physician, whether written or verbal, whether immediate or by
24 prior arrangement, in accordance with standards established by the board
25 by rules and regulations, which standards shall be designed to ensure
26 adequate direction and supervision by the responsible physician of the
27 physician's assistant. The term ``direction and supervision'' shall not be
28 construed to mean that the immediate or physical presence of the re-
29 sponsible physician is required during the performance of the physician's
30 assistant.
31 (b) ``Physician'' means any person licensed by the state board of   ~~heal-~~
32 ~~ing arts~~ medical professions to practice medicine and surgery.
33 (c) ``Physician's assistant'' means a skilled person who is registered in
34 accordance with the provisions of K.S.A. 65-2896a and amendments
35 thereto and who is qualified by academic training to provide patient serv-
36 ices under the direction and supervision of a physician who is responsible
37 for the performance of that assistant.
38 (d) ``Responsible physician'' means a physician who has accepted con-
39 tinuous and ultimate responsibility for the actions of the physician's as-
40 sistant while performing under the direction and supervision of the re-
41 sponsible physician.
42 Sec. 69. K.S.A. 65-2897b is hereby amended to read as follows: 65-
43 2897b. (a) There is established a physician's assistant council to advise

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1 the board in carrying out the provisions of K.S.A. 65-2896 to 65-2897a,
2 inclusive, and amendments thereto. The council shall consist of five mem-
3 bers, all citizens and residents of the state of Kansas appointed as follows:
4 One member shall be a physician appointed by the state board of   ~~healing~~
5 ~~arts~~ medical professions who is a responsible physician for a physician's
6 assistant; one member shall be the president of the state board of   ~~healing~~
7 ~~arts~~ medical professions or a person designated by the president; and
8 three members shall be physician's assistants appointed by the governor.
9 The governor, insofar as possible, shall appoint persons from different
10 geographical areas and persons who represent various types of practice
11 settings. If a vacancy occurs on the council, the appointing authority of
12 the position which has become vacant shall appoint a person of like qual-
13 ifications to fill the vacant position for the unexpired term, if any. The
14 Kansas academy of physicians' assistants shall recommend the names of
15 physicians' assistants to the governor in a number equal to at least twice
16 the positions or vacancies to be filled, and the governor may appoint
17 members to fill the positions or vacancies from the submitted list. Mem-
18 bers of the council appointed by the governor on and after the effective
19 date of this act shall be appointed for terms of three years and until their
20 successors are appointed and qualified except that of the members first
21 appointed by the governor on or after the effective date of this act one
22 shall be appointed for a term of one year, one shall be appointed for a
23 term of two years and one shall be appointed for a term of three years,
24 as designated by the governor. The member appointed by the state board
25 of   ~~healing arts~~ medical professions shall serve at the pleasure of the   ~~§ate~~
26 board   ~~of healing arts~~. A member designated by the president of the state
27 board of   ~~healing arts~~ medical professions shall serve at the pleasure of the
28 president of the state board of medical professions.
29 (b) Members of the council attending meetings of the council, or
30 attending a subcommittee meeting thereof authorized by the council,
31 shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
32 amendments thereto from the   ~~healing arts~~ medical professions' fee fund.
33 Sec. 70. K.S.A. 65-2898a is hereby amended to read as follows: 65-
34 2898a. (a) Any complaint or report, record or other information relating
35 to a complaint which is received, obtained or maintained by the board of
36 healing arts or board of medical professions shall be confidential and shall
37 not be disclosed by   ~~(tri-stars)e~~ either board or its employees in a manner which
38 identifies or enables identification of the person who is the subject or
39 source of the information except the information may be disclosed:
40 (1) In any proceeding conducted by the board under the law or in an
41 appeal of an order of the board entered in a proceeding, or to any party
42 to a proceeding or appeal or the party's attorney;
43 (2) to a hospital committee which is authorized to grant, limit or deny

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1 hospital privileges, if any disciplinary action authorized by K.S.A. 65-2836
2 and amendments thereto has at any time been taken against the licensee
3 or if the board has at any time denied a license to the person;
4 (3) to the person who is the subject of the information or to any
5 person or entity when requested by the person who is the subject of the
6 information, but the board may require disclosure in such a manner that
7 will prevent identification of any other person who is the subject or source
8 of the information; or
9 (4) to a state or federal licensing, regulatory or enforcement agency
10 with jurisdiction over the subject of the information or to an agency with
11 jurisdiction over acts or conduct similar to acts or conduct which would
12 constitute grounds for action under this act. Any confidential complaint
13 or report, record or other information disclosed by the board as author-
14 ized by this section shall not be redisclosed by the receiving agency except
15 as otherwise authorized by law.
16 (b) This section shall be part of and supplemental to both the Kansas
17 healing arts act and the medical practice act.
18 Sec. 71. K.S.A. 1997 Supp. 7-121b is hereby amended to read as
19 follows: 7-121b. (a) Subject to subsection (b) of K.S.A. 40-3411 and
20 amendments thereto, whenever a civil action is commenced by filing a
21 petition or whenever a pleading states a claim in a district court for dam-
22 ages for personal injuries or death arising out of the rendering of or the
23 failure to render professional services by any health care provider, com-
24 pensation for reasonable attorney fees to be paid by each litigant in the
25 action shall be approved by the judge after an evidentiary hearing and
26 prior to final disposition of the case by the district court. Compensation
27 for reasonable attorney fees for services performed in an appeal of a
28 judgment in any such action to the court of appeals shall be approved
29 after an evidentiary hearing by the chief judge or by the presiding judge
30 of the panel hearing the case. Compensation for reasonable attorney fees
31 for services performed in an appeal of a judgment in any such action to
32 the supreme court shall be approved after an evidentiary hearing by the
33 departmental justice for the department in which the appeal originated.
34 In determining the reasonableness of such compensation, the judge or
35 justice shall consider the following:
36 (1) The time and labor required, the novelty and difficulty of the
37 questions involved and the skill requisite to perform the legal service
38 properly.
39 (2) The likelihood, if apparent to the client, that the acceptance of
40 the particular employment will preclude other employment by the attor-
41 ney.
42 (3) The fee customarily charged in the locality for similar legal serv-
43 ices.

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1 (4) The amount involved and the results obtained.
2 (5) The time limitations imposed by the client or by the circum-
3 stances.
4 (6) The nature and length of the professional relationship with the
5 client.
6 (7) The experience, reputation and ability of the attorney or attorneys
7 performing the services.
8 (8) Whether the fee is fixed or contingent.
9 (b) As used in this section:
10 (1) ``Health care provider'' means a person licensed to practice any
11 branch of the healing arts or medicine and surgery, a person who holds
12 a temporary permit to practice any branch of the healing arts or medicine
13 and surgery, a person engaged in a postgraduate training program ap-
14 proved by the state board of healing arts or the state board of medical
15 professions, a licensed medical care facility, a health maintenance organ-
16 ization, a licensed dentist, a licensed professional nurse, a licensed prac-
17 tical nurse, a licensed optometrist, a licensed podiatrist, a licensed phar-
18 macist, a professional corporation organized pursuant to the professional
19 corporation law of Kansas by persons who are authorized by such law to
20 form such a corporation and who are health care providers as defined by
21 this subsection, a registered physical therapist or an officer, employee or
22 agent thereof acting in the course and scope of such person's employment
23 or agency; and
24 (2) ``professional services'' means those services which require licen-
25 sure, registration or certification by agencies of the state for the perform-
26 ance thereof.
27 Sec. 72. K.S.A. 1997 Supp. 12-736 is hereby amended to read as
28 follows: 12-736. (a) It is hereby declared to be the policy of the state of
29 Kansas that persons with a disability shall not be excluded from the ben-
30 efits of single family residential surroundings by any municipal zoning
31 ordinance, resolution or regulation.
32 (b) For the purpose of this act:
33 (1) ``Group home'' means any dwelling occupied by not more than
34 10 persons, including eight or fewer persons with a disability who need
35 not be related by blood or marriage and not to exceed two staff residents
36 who need not be related by blood or marriage to each other or to the
37 residents of the home, which dwelling is licensed by a regulatory agency
38 of this state;
39 (2) ``municipality'' means any township, city or county located in Kan-
40 sas;
41 (3) ``disability'' means, with respect to a person:
42 (A) A physical or mental impairment which substantially limits one
43 or more of such person's major life activities;

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1 (B) a record of having such an impairment; or
2 (C) being regarded as having such an impairment. Such term does
3 not include current, illegal use of or addiction to a controlled substance,
4 as defined in section 102 of the controlled substance act (21 U.S.C. 802);
5 (4) ``licensed provider'' means a person or agency who provides men-
6 tal health services and is licensed by:
7 (A) The department of social and rehabilitation services pursuant to
8 K.S.A. 75-3307b or 65-425 et seq., and amendments thereto; or
9 (B) the behavioral sciences regulatory board pursuant to K.S.A. 75-
10 5346 et seq. or 74-5301 et seq., and amendments thereto; or
11 ~~(C) the state board of healing arts pursuant to K.S.A. 65-2801~~ et seq. ,
12 ~~and amendments thereto.~~
13 ~~(D)~~ (C) the state board of medical professions pursuant to section 1
14 et seq., and amendments thereto.
15 (c) (1) No mentally ill person shall be eligible for placement in a
16 group home unless such person has been evaluated by a licensed provider
17 and such provider determines that the mentally ill person is not dangerous
18 to others and is suitable for group-home placement. A group home shall
19 not be a licensed provider for the purposes of evaluating or approving for
20 placement a mentally ill person in a group home.
21 (2) No person shall be eligible for placement in a group home if such
22 person is: (A) Assigned to a community corrections program or a diversion
23 program; (B) on parole from a correctional institution or on probation for
24 a felony offense; or (C) in a state mental institution following a finding of
25 mental disease or defect excluding criminal responsibility, pursuant to
26 K.S.A. 22-3220 and 22-3221.
27 (d) No person shall be placed in a group home under this act unless
28 such dwelling is licensed as a group home by the department of social
29 and rehabilitation services or the department of health and environment.
30 (e) No municipality shall prohibit the location of a group home in any
31 zone or area where single family dwellings are permitted. Any zoning
32 ordinance, resolution or regulation which prohibits the location of a group
33 home in such zone or area or which subjects group homes to regulations
34 not applicable to other single family dwellings in the same zone or area
35 is invalid. Notwithstanding the provisions of this act, group homes shall
36 be subject to all other regulations applicable to other property and build-
37 ings located in the zone or area that are imposed by any municipality
38 through zoning ordinance, resolution or regulation, its building regulatory
39 codes, subdivision regulations or other nondiscriminatory regulations.
40 (f) No person or entity shall contract or enter into a contract, restric-
41 tive covenant, equitable servitude or such similar restriction, which would
42 restrict group homes or their location in a manner inconsistent with the
43 provisions of subsection (e).

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1 Sec. 73. K.S.A. 22a-226 is hereby amended to read as follows: 22a-
2 226. (a) There is hereby established the office of district coroner in each
3 judicial district of the state. The district coroner shall be a resident of the
4 state of Kansas licensed to practice medicine and surgery by the state
5 board of ~~healing arts~~ medical professions or shall be a resident of a military
6 or other federal enclave within the state and shall be duly licensed to
7 practice medicine and surgery within such enclave.
8 (b) The local medical society or societies in each judicial district shall
9 nominate one or more candidates for the office of district coroner and
10 submit the names of the persons so nominated to the county commis-
11 sioners of a single-county judicial district or the county commissioners of
12 the county with the largest population in multiple-county judicial districts
13 on or before January 1, 1995, and every four years thereafter. The county
14 commissioners of a single-county judicial district or the county commis-
15 sioners of the county with the largest population in multiple-county ju-
16 dicial districts shall appoint a district coroner for the district. The ap-
17 pointee may be one of the persons nominated or some other qualified
18 person.
19 (c) The district coroner shall serve for a term of four years, which
20 term shall begin on the second Monday in January of the year in which
21 such coroner is appointed, and such coroner's compensation shall be as
22 provided by law. Vacancies in the office of district coroner shall be filled
23 in the same manner as appointments for regular terms of district coroner.
24 Such an appointment shall be for the remainder of the regular term and
25 shall be effective from the date the coroner is appointed and is otherwise
26 qualified for the office.
27 (d) The coroner shall, before entering upon the duties of the office,
28 take and subscribe an oath or affirmation that such coroner will faithfully,
29 impartially and to the best of the coroner's skill and ability discharge the
30 duties of district coroner.
31 (e) The district coroner, with the approval of the county commission-
32 ers of a single-county judicial district or the county commissioners of the
33 county with the largest population in multiple-county judicial districts,
34 may appoint one or more deputy coroners, who shall have the qualifica-
35 tions of and shall have the same duties and authority as the district cor-
36 oner, except that, whenever a district coroner is unable to appoint a qual-
37 ified deputy, a special deputy coroner who does not possess the requisite
38 qualifications may be appointed for a term not to exceed one year or until
39 a qualified deputy is appointed, whichever occurs first. The district cor-
40 oner shall have supervisory authority over all deputy coroners. Deputy
41 coroners, before entering upon the discharge of their duties shall take
42 and subscribe an oath or affirmation to faithfully discharge the duties of
43 their office to the same extent and with like effect as the district coroner.

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1 (f) Nothing in this section shall prohibit a district coroner from being
2 appointed as district coroner in more than one judicial district.
3 Sec. 74. K.S.A. 22a-243 is hereby amended to read as follows: 22a-
4 243. (a) There is hereby established a state child death review board,
5 which shall be composed of:
6 (1) One member appointed by each of the following officers to rep-
7 resent the officer's agency: The attorney general, the director of the Kan-
8 sas bureau of investigation, the secretary of social and rehabilitation serv-
9 ices, the secretary of health and environment and the commissioner of
10 education;
11 (2) three members appointed by the state board of ~~healing arts~~ med-
12 ical professions, one of whom shall be a district coroner and two of whom
13 shall be physicians licensed to practice medicine and surgery, one spe-
14 cializing in pathology and the other specializing in pediatrics;
15 (3) one person appointed by the attorney general to represent ad-
16 vocacy groups which focus attention on child abuse awareness and pre-
17 vention; and
18 (4) one county or district attorney appointed by the Kansas county
19 and district attorneys association.
20 (b) The chairperson of the state review board shall be the member
21 appointed by the attorney general to represent the office of the attorney
22 general.
23 (c) The state child death review board shall be within the office of
24 the attorney general as a part thereof. All budgeting, purchasing and re-
25 lated management functions of the board shall be administered under the
26 direction and supervision of the attorney general. All vouchers for ex-
27 penditures and all payrolls of the board shall be approved by the chair-
28 person of the board and by the attorney general. The state review board
29 shall establish and maintain an office in Topeka.
30 (d) The state review board shall meet at least annually to review all
31 reports submitted to the board. The chairperson of the state review board
32 may call a special meeting of the board at any time to review any report
33 of a child death.
34 (e) Within the limits of appropriations therefor, the state review
35 board shall appoint an executive director who shall be in the unclassified
36 service of the Kansas civil service act and shall receive an annual salary
37 fixed by the state review board.
38 (f) Within the limits of appropriations therefor, the state review board
39 may employ other persons who shall be in the classified service of the
40 Kansas civil service act.
41 (g) Members of the state review board shall not receive compensa-
42 tion, subsistence allowances, mileage and expenses as provided by K.S.A.
43 75-3223 and amendments thereto for attending meetings or subcommit-

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1 tee meetings of the board.
2 (h) The state review board shall develop a protocol to be used by the
3 state review board. The protocol shall include written guidelines for cor-
4 oners to use in identifying any suspicious deaths, procedures to be used
5 by the board in investigating child deaths, methods to ensure coordination
6 and cooperation among all agencies involved in child deaths and proce-
7 dures for facilitating prosecution of perpetrators when it appears the
8 cause of a child's death was from abuse or neglect. The protocol shall be
9 adopted by the state review board by rules and regulations.
10 (i) The state review board shall submit an annual report to the gov-
11 ernor and the legislature on or before October 1 of each year  ~~, com-~~
12 ~~mencing October 1993~~. Such report shall include the findings of the
13 board regarding reports of child deaths, the board's analysis and the
14 board's recommendations for improving child protection, including rec-
15 ommendations for modifying statutes, rules and regulations, policies and
16 procedures.
17 (j) Information acquired by, and records of, the state review board
18 shall be confidential, shall not be disclosed and shall not be subject to
19 subpoena, discovery or introduction into evidence in any civil or criminal
20 proceeding, except that such information and records may be disclosed
21 to any member of the legislature or any legislative committee which has
22 legislative responsibility of the enabling or appropriating legislation, car-
23 rying out such member's or committee's official functions. The legislative
24 committee, in accordance with K.S.A. 75-4319 and amendments thereto,
25 shall recess for a closed or executive meeting to receive and discuss in-
26 formation received by the committee pursuant to this subsection.
27 (k) The state review board may adopt rules and regulations as nec-
28 essary to carry out the provisions of K.S.A. 22a-241 through 22a-244 and
29 amendments thereto.
30 Sec. 75. K.S.A. 1997 Supp. 38-135 is hereby amended to read as
31 follows: 38-135. As used in this act:
32 (a) ``Health care provider'' means a person licensed to practice med-
33 icine and surgery by the state board of   ~~healing arts~~ medical professions,
34 a person who holds a temporary permit to practice medicine and surgery
35 issued by the state board of   ~~healing arts~~ medical professions, a person
36 engaged in a postgraduate training program in medicine and surgery ap-
37 proved by the state board of   ~~healing arts~~ medical professions, a medical
38 care facility licensed by the department of health and environment, a
39 health maintenance organization issued a certificate of authority by the
40 commissioner of insurance, a licensed professional nurse, a licensed prac-
41 tical nurse, a registered physician's assistant, a professional corporation
42 organized pursuant to the professional corporation law of Kansas by per-
43 sons who are authorized by such law to form such a corporation and who

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1 are health care providers as defined by this subsection, a Kansas limited
2 liability company organized for the purpose of rendering professional
3 services by its members who are health care providers as defined by this
4 subsection and who are legally authorized to render the professional serv-
5 ices for which the limited liability company is organized, a partnership of
6 persons who are health care providers as defined by this subsection or a
7 Kansas not-for-profit corporation organized for the purpose of rendering
8 professional services by persons who are health care providers as defined
9 by this subsection.
10 (b) ``Parent'' means:
11 (1) A minor's parent by birth or adoption;
12 (2) a minor's legal guardian; or
13 (3) any person who under court order is authorized to give consent
14 for a minor.
15 Sec. 76. K.S.A. 1997 Supp. 38-1522 is hereby amended to read as
16 follows: 38-1522. (a) When any of the following persons has reason to
17 suspect that a child has been injured as a result of physical, mental or
18 emotional abuse or neglect or sexual abuse, the person shall report the
19 matter promptly as provided in subsection (c) or (e): Persons licensed to
20 practice the healing arts, medicine and surgery or dentistry; persons li-
21 censed to practice optometry; persons engaged in postgraduate training
22 programs approved by the state board of healing arts or the state board
23 of medical professions; licensed psychologists; licensed professional or
24 practical nurses examining, attending or treating a child under the age of
25 18; teachers, school administrators or other employees of a school which
26 the child is attending; chief administrative officers of medical care facil-
27 ities; registered marriage and family therapists; persons licensed by the
28 secretary of health and environment to provide child care services or the
29 employees of persons so licensed at the place where the child care serv-
30 ices are being provided to the child; licensed social workers; firefighters;
31 emergency medical services personnel; mediators appointed under K.S.A.
32 23-602 and amendments thereto; juvenile intake and assessment workers;
33 and law enforcement officers. The report may be made orally and shall
34 be followed by a written report if requested. When the suspicion is the
35 result of medical examination or treatment of a child by a member of the
36 staff of a medical care facility or similar institution, that staff member
37 shall immediately notify the superintendent, manager or other person in
38 charge of the institution who shall make a written report forthwith. Every
39 written report shall contain, if known, the names and addresses of the
40 child and the child's parents or other persons responsible for the child's
41 care, the child's age, the nature and extent of the child's injury (including
42 any evidence of previous injuries) and any other information that the
43 maker of the report believes might be helpful in establishing the cause

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1 of the injuries and the identity of the persons responsible for the injuries.
2 (b) Any other person who has reason to suspect that a child has been
3 injured as a result of physical, mental or emotional abuse or neglect or
4 sexual abuse may report the matter as provided in subsection (c) or (e).
5 (c) Except as provided by subsection (e), reports made pursuant to
6 this section shall be made to the state department of social and rehabil-
7 itation services. When the department is not open for business, the re-
8 ports shall be made to the appropriate law enforcement agency. On the
9 next day that the state department of social and rehabilitation services is
10 open for business, the law enforcement agency shall report to the de-
11 partment any report received and any investigation initiated pursuant to
12 subsection (a) of K.S.A. 38-1524 and amendments thereto. The reports
13 may be made orally or, on request of the department, in writing.
14 (d) Any person who is required by this section to report an injury to
15 a child and who knows of the death of a child shall notify immediately
16 the coroner as provided by K.S.A. 22a-242, and amendments thereto.
17 (e) Reports of child abuse or neglect occurring in an institution op-
18 erated by the secretary of social and rehabilitation services or the com-
19 missioner of juvenile justice shall be made to the attorney general. All
20 other reports of child abuse or neglect by persons employed by or of
21 children of persons employed by the state department of social and re-
22 habilitation services or the juvenile justice authority shall be made to the
23 appropriate law enforcement agency.
24 (f) Willful and knowing failure to make a report required by this sec-
25 tion is a class B misdemeanor.
26 (g) Preventing or interfering with, with the intent to prevent, the
27 making of a report required by this section is a class B misdemeanor.
28 Sec. 77. K.S.A. 39-952 is hereby amended to read as follows: 39-952.
29 The secretary of health and environment or the secretary's designee shall
30 not issue a correction order to a person licensed to operate an adult care
31 home because of a violation of a provision of article 9 of chapter 39 of
32 the Kansas Statutes Annotated or a rule and regulation adopted there-
33 under which was caused by any person licensed by the state board of
34   ~~healing arts~~ medical professions if such person licensed by the state board
35 of   ~~healing arts~~ medical professions is not an owner, operator or employee
36 of the adult care home and if the person licensed to operate the adult
37 care home shows that he or she has exercised reasonable diligence in
38 notifying such person licensed by the state board of   ~~healing arts~~ medical
39 professions of   ~~his or her~~ such person's duty to the residents of the adult
40 care home.
41 Sec. 78. K.S.A. 1997 Supp. 39-1501 is hereby amended to read as
42 follows: 39-1501. As used in this act:
43 (a) ``Adult family home'' means a private residence in which care is

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1 provided for not less than 24 hours in any week for one or two adult
2 clients who (1) are not related within the third degree of relationship to
3 the owner or provider by blood or marriage, (2) by reason of aging, illness,
4 disease or physical or mental infirmity are unable to live independently
5 but are essentially capable of managing their own care and affairs. The
6 home does not furnish skilled nursing care, supervised nursing care or
7 personal care. Adult family home does not mean adult care home.
8 (b) ``Skilled nursing care,'' ``supervised nursing care'' and ``personal
9 care'' have the meanings respectively ascribed thereto in K.S.A. 39-923,
10 and amendments thereto.
11 (c) ``Physician'' means any person licensed by the state board of ~~heal-~~
12 ~~ing arts~~ medical professions to practice medicine and surgery.
13 (d) ``Secretary'' means the secretary of social and rehabilitation serv-
14 ices.
15 Sec. 79. K.S.A. 40-2,100 is hereby amended to read as follows: 40-
16 2,100. Notwithstanding any provision of any individual, group or blanket
17 policy of accident and sickness, medical or surgical expense insurance
18 coverage or any provision of a policy, contract, plan or agreement for
19 medical service, issued on or after the effective date of this act, whenever
20 such policy, contract, plan or agreement provides for reimbursement or
21 indemnity for any service which is within the lawful scope of practice of
22 any practitioner licensed under the healing arts act or medical practice
23 act of this state, reimbursement or indemnification under such policy
24 contract, plan or agreement shall not be denied when such services are
25 performed by an optometrist, dentist or podiatrist acting within the lawful
26 scope of their license.
27 Sec. 80. K.S.A. 40-2,101 is hereby amended to read as follows: 40-
28 2,101. Notwithstanding any provision of any individual, group or blanket
29 policy of accident and sickness, medical or surgical expense insurance
30 coverage or any provision of a policy, contract, plan or agreement for
31 medical service, issued on or after the effective date of this act, whenever
32 such policy, contract, plan or agreement provides for reimbursement or
33 indemnity for any service which is within the lawful scope of practice of
34 any practitioner licensed under the Kansas healing arts or medical prac-
35 tice act, reimbursement or indemnification under such policy contract,
36 plan or agreement shall not be denied when such service is rendered by
37 any such licensed practitioner within the lawful scope of his license.
38 Sec. 81. K.S.A. 1997 Supp. 40-1126 is hereby amended to read as
39 follows: 40-1126. (a) Every insurer providing professional liability insur-
40 ance to a health care provider who is licensed, registered or certified by
41 the state board of healing arts or state board of medical professions and
42 covered by the health care stabilization fund established pursuant to sub-
43 section (a) of K.S.A. 40-3403, and amendments thereto, or entity with

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1 whom the insurer contracts for purposes of complying with this act shall
2 report to the state board of healing arts or state board of medical profes-
3 sions any action for damages for personal injuries or loss claimed to have
4 been caused by error, omission, or negligence in performance of such
5 insured's professional services or based on a claimed performance of pro-
6 fessional services without consent, upon final disposition of the action.
7 (b) Reports of the information required by subsection (a) shall be
8 filed with the state board of healing arts or state board of medical pro-
9 fessions no later than 30 days following the final disposition of the action.
10 (c) Failure to report the information required by subsection (a) shall
11 constitute a violation of K.S.A. 40-1120, and amendments thereto, and
12 shall be subject to penalties applicable thereto.
13 Sec. 82. K.S.A. 1997 Supp. 40-1127 is hereby amended to read as
14 follows: 40-1127. The reports required by subsection (a) of K.S.A. 40-
15 1126 shall contain: (a) The insured's name and license number issued by
16 the state board of healing arts or state board of medical professions; (b)
17 date of occurrence which created the action; and (c) the name of the
18 plaintiff and the injured party, if different.
19 Sec. 83. K.S.A. 1997 Supp. 40-1128 is hereby amended to read as
20 follows: 40-1128. The state board of healing arts and state board of med-
21 ical professions shall make such reports available to the public in a manner
22 which will not reveal the names of any person or facility involved.
23 Sec. 84. K.S.A. 1997 Supp. 40-1129 is hereby amended to read as
24 follows: 40-1129. There shall be no liability on the part of and no cause
25 of action of any nature shall arise against any insurer reporting hereunder
26 or its agents or employees, or the state board of healing arts, or the state
27 board of medical professions or ~~(tri-stars)e~~ either board's employees, for any
28 action taken by them pursuant to this act.
29 Sec. 85. K.S.A. 40-12a01 is hereby amended to read as follows: 40-
30 12a01. As used in this act: (a) ``Health care provider'' means any person
31 licensed ~~ø practice any healing art~~ by the board of healing arts or, the
32 state board of medical professions, any hospital licensed under the pro-
33 visions of K.S.A. 65-425 et seq., and amendments thereto, or a private
34 psychiatric hospital authorized under K.S.A. 75-3307b and amendments
35 thereto;
36 (b) ``person'' means an individual, corporation, partnership, associa-
37 tion, joint stock company, trust, unincorporated organization or any sim-
38 ilar entity;
39 (c) ``affiliate'' means a person that directly or indirectly, through one
40 or more intermediaries, employs, controls or is controlled by, or is under
41 common control with a health care provider;
42 (d) ``commissioner'' means the commissioner of insurance; and
43 (e) ``association'' means any organization whose income is exempt

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1 from taxation pursuant to section 501(a) of the internal revenue code of
2 1986, and amendments thereto, as in effect on the effective date of this
3 act, due to such association's compliance with section 501(c)(6) of such
4 code, and amendments thereto, as in effect on the effective date of this
5 act.
6 Sec. 86. K.S.A. 40-19c03 is hereby amended to read as follows: 40-
7 19c03. Nonprofit corporations may be organized under the nonprofit
8 medical and hospital service corporation act for the purpose of entering
9 into contracts with participating health care providers and participating
10 hospitals to provide professional and hospital services for subscribers as
11 may be designated in subscription agreements. Such corporations shall
12 also indemnify subscribers as designated in subscription agreements for
13 services which may be received from nonparticipating health care pro-
14 viders or nonparticipating hospitals. Such corporations may also provide
15 service or indemnity for other health services or facilities but not to ex-
16 ceed reasonable and customary charges that a subscriber may incur for
17 these services. The affairs of any such corporation shall be managed by a
18 board of directors of not less than 15 members as specified by the articles
19 of incorporation composed of: Persons licensed under the Kansas   ~~healing~~
20 ~~arts act~~ medical practice act and trustees or administrators of hospitals
21 who participate in providing professional and institutional service to sub-
22 scribers and members of the public exclusive of persons licensed under
23 the Kansas   ~~healing arts act~~ medical practice act and hospital trustees and
24 administrators who, at the time of their election, are subscribers. Begin-
25 ning with the election of directors immediately following the effective
26 date of this act, the board of directors at all times shall include at least
27 one person licensed under the Kansas   ~~healing arts act~~ medical practice
28 act to practice allopathic medicine and surgery, osteopathic medicine and
29 surgery and chiropractic. Two members of the public who are subscribers
30 shall be appointed to the board of directors by the governor of the state
31 of Kansas. The members of the public, exclusive of physicians and hospital
32 trustees or administrators, shall at all times comprise a majority of the
33 membership of the board of directors. The directors shall take the oath
34 of office as in other corporations and duplicates of such subscribed oaths
35 shall be forwarded at the time of election to the commissioner of insur-
36 ance for filing. The bylaws shall specify the number of directors necessary
37 to constitute a quorum which shall not be less than 10 members.
38 Sec. 87. K.S.A. 1997 Supp. 40-2230 is hereby amended to read as
39 follows: 40-2230. Notwithstanding any provision of any policy, provision,
40 contract, plan or agreement to which this act applies, whenever reim-
41 bursement or indemnity for laboratory or x-ray services are covered, re-
42 imbursement or indemnification shall not be denied for mammograms or
43 pap smears when performed at the direction of a person licensed to prac-

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1 tice medicine and surgery by the board of ~~healing arts~~ medical professions
2 within the lawful scope of such person's license, including services per-
3 formed at a mobile facility certified by the federal health care financing
4 administration and performing mammography testing by American can-
5 cer society guidelines. A policy, provision, contract, plan or agreement
6 may apply to mammograms or pap smears the same deductibles, coin-
7 surance and other limitations as apply to other covered services.
8 Sec. 88. K.S.A. 1997 Supp. 40-22a10 is hereby amended to read as
9 follows: 40-22a10. Any records, charts or other information exchanged
10 between a health care provider or patient and a utilization review organ-
11 ization shall not be subject to discovery, subpoena or other means of legal
12 compulsion for their release to any person or entity and shall not be
13 admissible in evidence in any judicial or administrative proceeding other
14 than a disciplinary proceeding by the state board of healing arts or the
15 state board of medical professions or other agency of the state which
16 regulates health care providers.
17 Sec. 89. K.S.A. 1997 Supp. 40-3103 is hereby amended to read as
18 follows: 40-3103. As used in this act, the following words and phrases
19 shall have the meanings respectively ascribed to them herein:
20 (a) ``Commissioner'' means the state commissioner of insurance.
21 (b) ``Disability benefits'' means allowances for loss of monthly earn-
22 ings due to an injured person's inability to engage in available and appro-
23 priate gainful activity, subject to the following conditions and limitations:
24 (1) The injury sustained is the proximate cause of the injured person's
25 inability to engage in available and appropriate gainful activity; (2) subject
26 to the maximum benefits stated herein, allowances shall equal 100% of
27 any such loss per individual, unless such allowances are deemed not in-
28 cludable in gross income for federal income tax purposes, in which event
29 such allowances shall be limited to 85%; and (3) allowances shall be made
30 up to a maximum of not less than $900 per month for not to exceed one
31 year after the date the injured person becomes unable to engage in avail-
32 able and appropriate gainful activity.
33 (c) ``Director'' means the director of vehicles.
34 (d) ``Funeral benefits'' means allowances for funeral, burial or cre-
35 mation expenses in an amount not to exceed $2,000 per individual.
36 (e) ``Highway'' means the entire width between the boundary lines
37 of every way publicly maintained, when any part thereof is open to the
38 use of the public for purposes of vehicular travel.
39 (f) ``Implement of husbandry'' means every vehicle designed or
40 adapted and used exclusively for agricultural operations and only inci-
41 dentally operated or moved upon the highways.
42 (g) ``Insurer'' means any insurance company, as defined by K.S.A. 40-
43 201, and amendments thereto, authorized to transact business in this

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1 state, which issues policies of motor vehicle liability insurance covering
2 liability arising out of the ownership, operation, maintenance or use of a
3 motor vehicle.
4 (h) ``Injured person'' means any person suffering injury.
5 (i) ``Injury'' means bodily harm, sickness, disease or death resulting
6 from an accident arising out of the ownership, maintenance or use of a
7 motor vehicle.
8 (j) ``Lienholder'' means a person holding a security interest in a ve-
9 hicle.
10 (k) ``Medical benefits'' means and includes allowances for all reason-
11 able expenses, up to a limit of not less than $4,500, for necessary health
12 care rendered by practitioners licensed by the board of healing arts or
13 board of medical professions or licensed psychologists, surgical, x-ray and
14 dental services, including prosthetic devices and necessary ambulance,
15 hospital and nursing services; and such term also includes allowances for
16 services recognized and permitted under the laws of this state for an
17 injured person who relies upon spiritual means through prayer alone for
18 healing in accordance with such person's religious beliefs.
19 (l) ``Monthly earnings'' means: (1) In the case of a regularly employed
20 person or a person regularly self-employed, 1/12 of the annual earnings at
21 the time of injury; or (2) in the case of a person not regularly employed
22 or self-employed, or of an unemployed person, 1/12 of the anticipated
23 annual earnings from the time such person would reasonably have been
24 expected to be regularly employed. In calculating the anticipated annual
25 earnings of an unemployed person who has previously been employed,
26 the insurer shall average the annual compensation of such person for not
27 to exceed five years preceding the year of injury or death, during which
28 such person was employed.
29 (m) ``Motor vehicle'' means every self-propelled vehicle of a kind re-
30 quired to be registered in this state, including any trailer, semitrailer or
31 pole trailer designed for use with such vehicle, but such term does not
32 include a motorized bicycle.
33 (n) ``Operator'' means any person who drives or is in actual physical
34 control of a motor vehicle upon a highway or who is exercising control
35 over or steering a vehicle being towed by a motor vehicle.
36 (o) ``Owner'' means a person, other than a lienholder, having property
37 in or title to a motor vehicle, including a person who is entitled to the
38 use and possession of a motor vehicle subject to a security interest held
39 by another person, but such term does not include a lessee under a lease
40 not intended as security.
41 (p) ``Person'' means an individual, partnership, corporation or other
42 association of persons.
43 (q) ``Personal injury protection benefits'' means the disability bene-

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1 fits, funeral benefits, medical benefits, rehabilitation benefits, substitution
2 benefits and survivors' benefits required to be provided in motor vehicle
3 liability insurance policies pursuant to this act.
4 (r) ``Rehabilitation benefits'' means allowances for all reasonable ex-
5 penses, up to a limit of not less than $4,500, for necessary psychiatric or
6 psychological services, occupational therapy and such occupational train-
7 ing and retraining as may be reasonably necessary to enable the injured
8 person to obtain suitable employment.
9 (s) ``Relative residing in the same household'' means a relative of any
10 degree by blood, marriage or adoption, who usually makes such person's
11 home in the same family unit, whether or not temporarily living else-
12 where.
13 (t) ``Security interest'' means an interest in a vehicle reserved or cre-
14 ated by agreement and which secures payment or performance of an
15 obligation. The term includes the interest of a lessor under a lease in-
16 tended as security.
17 (u) ``Self-insurer'' means any person effecting self-insurance pursuant
18 to subsection (f) of K.S.A. 40-3104, and amendments thereto, or any
19 nonresident self-insurer that has filed the form prescribed in subsection
20 (b) of K.S.A. 40-3106, and amendments thereto.
21 (v) ``Special mobile equipment'' means every vehicle not designed or
22 used primarily for the transportation of persons or property and only
23 incidentally operated or moved over a highway, including but not limited
24 to: Ditch-digging apparatus, well-boring apparatus and road construction
25 and maintenance machinery such as asphalt spreaders, bituminous mix-
26 ers, bucket loaders, tractors other than truck tractors, ditchers, leveling
27 graders, finishing machines, motor graders, road rollers, scarifiers, earth
28 moving carryalls and scrapers, power shovels and drag lines and self-
29 propelled cranes and earth moving equipment. The term does not include
30 house trailers, dump trucks, truck mounted transit mixers, cranes or shov-
31 els or other vehicles designed for the transportation of persons or property
32 to which machinery has been attached.
33 (w) ``Substitution benefits'' means allowances for appropriate and
34 reasonable expenses incurred in obtaining other ordinary and necessary
35 services in lieu of those that, but for the injury, the injured person would
36 have performed for the benefit of such person or such person's family,
37 subject to a maximum of $25 per day for not longer than 365 days after
38 the date such expenses are incurred.
39 (x) ``Survivor'' means a decedent's spouse, or child under the age of
40 18 years, where death of the decedent resulted from an injury.
41 (y) ``Survivors' benefits'' means total allowances to all survivors for:
42 (1) Loss of an injured person's monthly earnings after such person's death,
43 up to a maximum of not less than $900 per month; and (2) substitution

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1 benefits following the injured person's death. Expenses of the survivors
2 which have been avoided by reason of the injured person's death shall be
3 subtracted from the allowances to which survivors would otherwise be
4 entitled, and survivors' benefits shall not be paid for more than one year
5 after the injured person's death, less the number of months the injured
6 person received disability benefits prior to such person's death. For pur-
7 poses of this subsection, monthly earnings shall include, in the case of a
8 person who was a social security recipient or a retirement or pension
9 benefit recipient, or both, at the time of such injured person's death, 1/12
10 of the annual amount of the difference between the annual amount of
11 the social security benefits or the retirement benefits, or both, that such
12 injured person was receiving at the time of such injured person's death
13 and the annual amount of the social security benefits or the retirement
14 benefits, or both, that the survivor is receiving after the time of such
15 injured person's death.
16 (z) ``Uninsured motor vehicle'' means any motor vehicle which is not
17 included under an approved self-insurance plan of a self-insurer or for
18 which there is not in effect a motor vehicle liability insurance policy meet-
19 ing the requirements of this act.
20 (aa) ``Any workmen's compensation law'' means the workmen's com-
21 pensation act of Kansas, the United States longshoremen's and harbor
22 workers' compensation act, the federal employer liability acts, and any
23 similar state or federal law.
24 Sec. 90. K.S.A. 1997 Supp. 40-3202 is hereby amended to read as
25 follows: 40-3202. As used in this act:
26 (a) ``Commissioner'' means the commissioner of insurance of the
27 state of Kansas.
28 (b) ``Basic health care services'' means but is not limited to usual
29 physician, hospitalization, laboratory, x-ray, emergency and preventive
30 services and out-of-area coverage.
31 (c) ``Capitated basis'' means a fixed per member per month payment
32 or percentage of premium payment wherein the provider assumes risk
33 for the cost of contracted services without regard to the type, value or
34 frequency of services provided. For purposes of this definition, capitated
35 basis includes the cost associated with operating staff model facilities.
36 (d) ``Certificate of coverage'' means a statement of the essential fea-
37 tures and services of the health maintenance organization coverage which
38 is given to the subscriber by the health maintenance organization or by
39 the group contract holder.
40 (e) ``Copayment'' means an amount an enrollee must pay in order to
41 receive a specific service which is not fully prepaid.
42 (f) ``Deductible'' means an amount an enrollee is responsible to pay
43 out-of-pocket before the health maintenance organization begins to pay

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1 the costs associated with treatment.
2 (g) ``Director'' means the secretary of health and environment.
3 (h) ``Disability'' means an injury or illness that results in a substantial
4 physical or mental limitation in one or more major life activities such as
5 working or independent activities of daily living that a person was able to
6 do prior to the injury or illness.
7 (i) ``Enrollee'' means a person who has entered into a contractual
8 arrangement or on whose behalf a contractual arrangement has been
9 entered into with a health maintenance organization for health care serv-
10 ices.
11 (j) ``Grievance'' means a written complaint submitted in accordance
12 with the health maintenance organization's formal grievance procedure
13 by or on behalf of the enrollee regarding any aspect of the health main-
14 tenance organization relative to the enrollee.
15 (k) ``Group contract'' means a contract for health care services which
16 by its terms limits eligibility to members of a specified group. The group
17 contract may include coverage for dependents.
18 (l) ``Group contract holder'' means the person to which a group con-
19 tract has been issued.
20 (m) ``Health care services'' means basic health care services and other
21 services, medical equipment and supplies which may include, but are not
22 limited to, medical, surgical and dental care; psychological, obstetrical,
23 osteopathic, optometric, optic, podiatric, nursing, occupational therapy
24 services, physical therapy services, chiropractic services and pharmaceu-
25 tical services; health education, preventive medical, rehabilitative and
26 home health services; inpatient and outpatient hospital services, extended
27 care, nursing home care, convalescent institutional care, laboratory and
28 ambulance services, appliances, drugs, medicines and supplies; and any
29 other care, service or treatment for the prevention, control or elimination
30 of disease, the correction of defects or the maintenance of the physical
31 or mental well-being of human beings.
32 (n) ``Health maintenance organization'' means an organization which:
33 (1) Provides or otherwise makes available to enrollees health care
34 services, including at a minimum those basic health care services which
35 are determined by the commissioner to be generally available on an in-
36 sured or prepaid basis in the geographic area served;
37 (2) is compensated, except for reasonable copayments, for the pro-
38 vision of basic health care services to enrollees solely on a predetermined
39 periodic rate basis;
40 (3) provides physician services directly through physicians who are
41 either employees or partners of such organization or under arrangements
42 with a physician or any group of physicians or under arrangements as an
43 independent contractor with a physician or any group of physicians;

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1 (4) is responsible for the availability, accessibility and quality of the
2 health care services provided or made available.
3 (o) ``Individual contract'' means a contract for health care services
4 issued to and covering an individual. The individual contract may include
5 dependents of the subscriber.
6 (p) ``Individual practice association'' means a partnership, corpora-
7 tion, association or other legal entity which delivers or arranges for the
8 delivery of basic health care services and which has entered into a services
9 arrangement with persons who are licensed to practice medicine and
10 surgery, dentistry, chiropractic, pharmacy, podiatry, optometry or any
11 other health profession and a majority of whom are licensed to practice
12 medicine and surgery. Such an arrangement shall provide:
13 (1) That such persons shall provide their professional services in ac-
14 cordance with a compensation arrangement established by the entity; and
15 (2) to the extent feasible for the sharing by such persons of medical
16 and other records, equipment, and professional, technical and adminis-
17 trative staff.
18 (q) ``Medical group'' or ``staff model'' means a partnership, associa-
19 tion or other group:
20 (1) Which is composed of health professionals licensed to practice
21 medicine and surgery and of such other licensed health professionals,
22 including but not limited to dentists, chiropractors, pharmacists, optom-
23 etrists and podiatrists as are necessary for the provision of health services
24 for which the group is responsible;
25 (2) a majority of the members of which are licensed to practice med-
26 icine and surgery; and
27 (3) the members of which: (A) As their principal professional activity
28 over 50% individually and as a group responsibility are engaged in the
29 coordinated practice of their profession for a health maintenance organ-
30 ization; (B) pool their income and distribute it among themselves accord-
31 ing to a prearranged salary or drawing account or other plan, or are sal-
32 aried employees of the health maintenance organization; (C) share
33 medical and other records and substantial portions of major equipment
34 and of professional, technical and administrative staff; and (D) establish
35 an arrangement whereby the enrollee's enrollment status is not known to
36 the member of the group who provides health services to the enrollee.
37 (r) ``Net worth'' means the excess of assets over liabilities as deter-
38 mined by the commissioner from the latest annual report filed pursuant
39 to K.S.A. 40-3220 and amendments thereto.
40 (s) ``Person'' means any natural or artificial person including but not
41 limited to individuals, partnerships, associations, trusts or corporations.
42 (t) ``Physician'' means a person licensed to practice medicine and sur-
43 gery under the ~~healing arts~~ medical practice act.

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1 (u) ``Provider'' means any physician, hospital or other person which
2 is licensed or otherwise authorized in this state to furnish health care
3 services.
4 (v) ``Uncovered expenditures'' means the costs of health care services
5 that are covered by a health maintenance organization for which an en-
6 rollee would also be liable in the event of the organization's insolvency as
7 determined by the commissioner from the latest annual statement filed
8 pursuant to K.S.A. 40-3220 and amendments thereto.
9 Sec. 91. K.S.A. 1997 Supp. 40-3401 is hereby amended to read as
10 follows: 40-3401. As used in this act the following terms shall have the
11 meanings respectively ascribed to them herein.
12 (a) ``Applicant'' means any health care provider.
13 (b) ``Basic coverage'' means a policy of professional liability insurance
14 required to be maintained by each health care provider pursuant to the
15 provisions of subsection (a) or (b) of K.S.A. 40-3402 and amendments
16 thereto.
17 (c) ``Commissioner'' means the commissioner of insurance.
18 (d) ``Fiscal year'' means the year commencing on the effective date
19 of this act and each year, commencing on the first day of that month,
20 thereafter.
21 (e) ``Fund'' means the health care stabilization fund established pur-
22 suant to subsection (a) of K.S.A. 40-3403 and amendments thereto.
23 (f) ``Health care provider'' means a person licensed to practice any
24 branch of the healing arts by the state board of healing arts or medicine
25 and surgery by the state board of medical professions, a person who holds
26 a temporary permit to practice any branch of the healing arts issued by
27 the state board of healing arts or medicine and surgery by the state board
28 of medical professions, a person engaged in a postgraduate training pro-
29 gram approved by the state board of healing arts or medicine and surgery
30 by the state board of medical professions, a medical care facility licensed
31 by the department of health and environment, a health maintenance or-
32 ganization issued a certificate of authority by the commissioner of insur-
33 ance, a podiatrist licensed by the state board of healing arts, an optom-
34 etrist licensed by the board of examiners in optometry, a pharmacist
35 licensed by the state board of pharmacy, a licensed professional nurse
36 who is authorized to practice as a registered nurse anesthetist, a licensed
37 professional nurse who has been granted a temporary authorization to
38 practice nurse anesthesia under K.S.A. 65-1153 and amendments thereto,
39 a professional corporation organized pursuant to the professional corpo-
40 ration law of Kansas by persons who are authorized by such law to form
41 such a corporation and who are health care providers as defined by this
42 subsection, a Kansas limited liability company organized for the purpose
43 of rendering professional services by its members who are health care

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1 providers as defined by this subsection and who are legally authorized to
2 render the professional services for which the limited liability company
3 is organized, a partnership of persons who are health care providers under
4 this subsection, a Kansas not-for-profit corporation organized for the pur-
5 pose of rendering professional services by persons who are health care
6 providers as defined by this subsection, a dentist certified by the state
7 board of healing arts to administer anesthetics under K.S.A. 65-2899 and
8 amendments thereto, a physical therapist registered by the state board of
9 healing arts, a psychiatric hospital licensed under K.S.A. 75-3307b and
10 amendments thereto, or a mental health center or mental health clinic
11 licensed by the secretary of social and rehabilitation services, except that
12 health care provider does not include (1) any state institution for the
13 mentally retarded, (2) any state psychiatric hospital, (3) any person hold-
14 ing an exempt license issued by the state board of healing arts or state
15 board of medical professions or (4) any person holding a visiting clinical
16 professor license from the state board of healing arts or state board of
17 medical professions.
18 (g) ``Inactive health care provider'' means a person or other entity
19 who purchased basic coverage or qualified as a self-insurer on or subse-
20 quent to the effective date of this act but who, at the time a claim is made
21 for personal injury or death arising out of the rendering of or the failure
22 to render professional services by such health care provider, does not
23 have basic coverage or self-insurance in effect solely because such person
24 is no longer engaged in rendering professional service as a health care
25 provider.
26 (h) ``Insurer'' means any corporation, association, reciprocal
27 exchange, inter-insurer and any other legal entity authorized to write bod-
28 ily injury or property damage liability insurance in this state, including
29 workers compensation and automobile liability insurance, pursuant to the
30 provisions of the acts contained in article 9, 11, 12 or 16 of chapter 40 of
31 Kansas Statutes Annotated.
32 (i) ``Plan'' means the operating and administrative rules and proce-
33 dures developed by insurers and rating organizations or the commissioner
34 to make professional liability insurance available to health care providers.
35 (j) ``Professional liability insurance'' means insurance providing cov-
36 erage for legal liability arising out of the performance of professional
37 services rendered or which should have been rendered by a health care
38 provider.
39 (k) ``Rating organization'' means a corporation, an unincorporated as-
40 sociation, a partnership or an individual licensed pursuant to K.S.A. 40-
41 930 or 40-1114, or both, and amendments thereto, to make rates for
42 professional liability insurance.
43 (l) ``Self-insurer'' means a health care provider who qualifies as a self-

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1 insurer pursuant to K.S.A. 40-3414 and amendments thereto.
2 (m) ``Medical care facility'' means the same when used in the health
3 care provider insurance availability act as the meaning ascribed to that
4 term in K.S.A. 65-425 and amendments thereto, except that as used in
5 the health care provider insurance availability act such term, as it relates
6 to insurance coverage under the health care provider insurance availa-
7 bility act, also includes any director, trustee, officer or administrator of a
8 medical care facility.
9 (n) ``Mental health center'' means a mental health center licensed by
10 the secretary of social and rehabilitation services under K.S.A. 75-3307b
11 and amendments thereto, except that as used in the health care provider
12 insurance availability act such term, as it relates to insurance coverage
13 under the health care provider insurance availability act, also includes any
14 director, trustee, officer or administrator of a mental health center.
15 (o) ``Mental health clinic'' means a mental health clinic licensed by
16 the secretary of social and rehabilitation services under K.S.A. 75-3307b
17 and amendments thereto, except that as used in the health care provider
18 insurance availability act such term, as it relates to insurance coverage
19 under the health care provider insurance availability act, also includes any
20 director, trustee, officer or administrator of a mental health clinic.
21 (p) ``State institution for the mentally retarded'' means Winfield state
22 hospital and training center, Parsons state hospital and training center
23 and the Kansas neurological institute.
24 (q) ``State psychiatric hospital'' means Larned state hospital, Osawa-
25 tomie state hospital  , and Rainbow mental health facility   ~~and Topeka state~~
26 ~~hospital~~.
27 (r) ``Person engaged in residency training'' means:
28 (1) A person engaged in a postgraduate training program approved
29 by the state board of   ~~healing arts~~ medical professions who is employed
30 by the university of Kansas medical center only when such person is
31 engaged in medical activities which do not include extracurricular, ex-
32 tra-institutional medical service for which such person receives extra com-
33 pensation and which have not been approved by the dean of the school
34 of medicine and the executive vice-chancellor of the university of Kansas
35 medical center. Persons engaged in residency training shall be considered
36 resident health care providers for purposes of K.S.A. 40-3401 et seq., and
37 amendments thereto; and
38 (2) a person engaged in a postgraduate training program approved by
39 the state board of   ~~healing arts~~ medical professions who is employed by a
40 nonprofit corporation organized to administer the graduate medical ed-
41 ucation programs of community hospitals or medical care facilities affil-
42 iated with the university of Kansas school of medicine or who is employed
43 by an affiliate of the university of Kansas school of medicine as defined

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1 in K.S.A. 76-367 and amendments thereto only when such person is en-
2 gaged in medical activities which do not include extracurricular, extra-
3 institutional medical service for which such person receives extra com-
4 pensation and which have not been approved by the chief operating
5 officer of the nonprofit corporation or the chief operating officer of the
6 affiliate and the executive vice-chancellor of the university of Kansas med-
7 ical center.
8 (s) ``Full-time physician faculty employed by the university of Kansas
9 medical center'' means a person licensed to practice medicine and surgery
10 who holds a full-time appointment at the university of Kansas medical
11 center when such person is providing health care.
12 (t) ``Sexual act'' or ``sexual activity'' means that sexual conduct which
13 constitutes a criminal or tortious act under the laws of the state of Kansas.
14 Sec. 92. K.S.A. 1997 Supp. 40-3403 is hereby amended to read as
15 follows: 40-3403. (a) For the purpose of paying damages for personal
16 injury or death arising out of the rendering of or the failure to render
17 professional services by a health care provider, self-insurer or inactive
18 health care provider subsequent to the time that such health care provider
19 or self-insurer has qualified for coverage under the provisions of this act,
20 there is hereby established the health care stabilization fund. The fund
21 shall be held in trust in the state treasury and accounted for separately
22 from other state funds. The board of governors shall administer the fund
23 or contract for the administration of the fund with an insurance company
24 authorized to do business in this state.
25 (b) (1) There is hereby created a board of governors which shall be
26 composed of such members and shall have such powers, duties and func-
27 tions as are prescribed by this act. The board of governors shall:
28 (A) Administer the fund and exercise and perform other powers, du-
29 ties and functions required of the board under the health care provider
30 insurance availability act;
31 (B) provide advice, information and testimony to the appropriate li-
32 censing or disciplinary authority regarding the qualifications of a health
33 care provider;
34 (C) prepare and publish, on or before October 1 of each year, a sum-
35 mary of the fund's activity during the preceding fiscal year, including but
36 not limited to the amount collected from surcharges, the highest and
37 lowest surcharges assessed, the amount paid from the fund, the number
38 of judgments paid from the fund, the number of settlements paid from
39 the fund and the amount in the fund at the end of the fiscal year; and
40 (D) have the authority to grant exemptions from the provisions of
41 subsection (m) of this section when a health care provider temporarily
42 leaves the state for the purpose of obtaining additional education or train-
43 ing or to participate in religious, humanitarian or government service

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1 programs. Whenever a health care provider has previously left the state
2 for one of the reasons specified in this paragraph and returns to the state
3 and recommences practice, the board of governors may refund any
4 amount paid by the health care provider pursuant to subsection (m) of
5 this section if no claims have been filed against such health care provider
6 during the provider's temporary absence from the state.
7 (2) The board shall consist of 10 persons appointed by the commis-
8 sioner of insurance, as provided by this subsection (b) and as follows:
9 (A) Three members who are licensed to practice medicine and sur-
10 gery in Kansas who are doctors of medicine and who are on a list of
11 nominees submitted to the commissioner by the Kansas medical society;
12 (B) three members who are representatives of Kansas hospitals and
13 who are on a list of nominees submitted to the commissioner by the
14 Kansas hospital association;
15 (C) two members who are licensed to practice medicine and surgery
16 in Kansas who are doctors of osteopathic medicine and who are on a list
17 of nominees submitted to the commissioner by the Kansas association of
18 osteopathic medicine;
19 (D) one member who is licensed to practice chiropractic in Kansas
20 and who is on a list of nominees submitted to the commissioner by the
21 Kansas chiropractic association;
22 (E) one member who is a licensed professional nurse authorized to
23 practice as a registered nurse anesthetist who is on a list of nominees
24 submitted to the commissioner by the Kansas association of nurse anes-
25 thetists.
26 (3) When a vacancy occurs in the membership of the board of gov-
27 ernors created by this act, the commissioner shall appoint a successor of
28 like qualifications from a list of three nominees submitted to the com-
29 missioner by the professional society or association prescribed by this
30 section for the category of health care provider required for the vacant
31 position on the board of governors. All appointments made shall be for a
32 term of office of four years, but no member shall be appointed for more
33 than two successive four-year terms. Each member shall serve until a
34 successor is appointed and qualified. Whenever a vacancy occurs in the
35 membership of the board of governors created by this act for any reason
36 other than the expiration of a member's term of office, the commissioner
37 shall appoint a successor of like qualifications to fill the unexpired term.
38 In each case of a vacancy occurring in the membership of the board of
39 governors, the commissioner shall notify the professional society or as-
40 sociation which represents the category of health care provider required
41 for the vacant position and request a list of three nominations of health
42 care providers from which to make the appointment.
43 (4) The board of governors shall organize on July 1 of each year and

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1 shall elect a chairperson and vice-chairperson from among its member-
2 ship. Meetings shall be called by the chairperson or by a written notice
3 signed by three members of the board.
4 (5) The board of governors, in addition to other duties imposed by
5 this act, shall study and evaluate the operation of the fund and make such
6 recommendations to the legislature as may be appropriate to ensure the
7 viability of the fund.
8 (6) (A) The board shall appoint an executive director who shall be in
9 the unclassified service under the Kansas civil service act.
10 ~~(b)~~ (B) The board may appoint such additional employees, and pro-
11 vide all office space, services, equipment, materials and supplies, and all
12 budgeting, personnel, purchasing and related management functions re-
13 quired by the board in the exercise of the powers, duties and functions
14 imposed or authorized by the health care provider insurance availability
15 act or may enter into a contract with the commissioner of insurance for
16 the provision, by the commissioner, of all or any part thereof.
17 (7) The commissioner shall:
18 (A) Provide technical and administrative assistance to the board of
19 governors with respect to administration of the fund upon request of the
20 board;
21 (B) provide such expertise as the board may reasonably request with
22 respect to evaluation of claims or potential claims.
23 (c) Subject to subsections (d), (e), (f), (i), (k), (m), (n), (o), (p) and
24 (q), the fund shall be liable to pay: (1) Any amount due from a judgment
25 or settlement which is in excess of the basic coverage liability of all liable
26 resident health care providers or resident self-insurers for any personal
27 injury or death arising out of the rendering of or the failure to render
28 professional services within or without this state;
29 (2) subject to the provisions of subsection (m), any amount due from
30 a judgment or settlement which is in excess of the basic coverage liability
31 of all liable nonresident health care providers or nonresident self-insurers
32 for any such injury or death arising out of the rendering or the failure to
33 render professional services within this state but in no event shall the
34 fund be obligated for claims against nonresident health care providers or
35 nonresident self-insurers who have not complied with this act or for
36 claims against nonresident health care providers or nonresident self-in-
37 surers that arose outside of this state;
38 (3) subject to the provisions of subsection (m), any amount due from
39 a judgment or settlement against a resident inactive health care provider,
40 an optometrist or pharmacist who purchased coverage pursuant to sub-
41 section (n) or a physical therapist who purchased coverage pursuant to
42 subsection (o), for any such injury or death arising out of the rendering
43 of or failure to render professional services;

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1 (4) subject to the provisions of subsection (m), any amount due from
2 a judgment or settlement against a nonresident inactive health care pro-
3 vider, an optometrist or pharmacist who purchased coverage pursuant to
4 subsection (n) or a physical therapist who purchased coverage pursuant
5 to subsection (o), for any injury or death arising out of the rendering or
6 failure to render professional services within this state, but in no event
7 shall the fund be obligated for claims against: (A) Nonresident inactive
8 health care providers who have not complied with this act; or (B) non-
9 resident inactive health care providers for claims that arose outside of this
10 state, unless such health care provider was a resident health care provider
11 or resident self-insurer at the time such act occurred;
12 (5) subject to subsection (b) of K.S.A. 40-3411, and amendments
13 thereto, reasonable and necessary expenses for attorney fees incurred in
14 defending the fund against claims;
15 (6) any amounts expended for reinsurance obtained to protect the
16 best interests of the fund purchased by the board of governors, which
17 purchase shall be subject to the provisions of K.S.A. 75-3738 through 75-
18 3744, and amendments thereto, but shall not be subject to the provisions
19 of K.S.A. 75-4101 and amendments thereto;
20 (7) reasonable and necessary actuarial expenses incurred in admin-
21 istering the act, including expenses for any actuarial studies contracted
22 for by the legislative coordinating council, which expenditures shall not
23 be subject to the provisions of K.S.A. 75-3738 through 75-3744, and
24 amendments thereto;
25 (8) periodically to the plan or plans, any amount due pursuant to
26 subsection (a)(3) of K.S.A. 40-3413 and amendments thereto;
27 (9) reasonable and necessary expenses incurred by the board of gov-
28 ernors in the administration of the fund or in the performance of other
29 powers, duties or functions of the board under the health care provider
30 insurance availability act;
31 (10) return of any unearned surcharge;
32 (11) subject to subsection (b) of K.S.A. 40-3411, and amendments
33 thereto, reasonable and necessary expenses for attorney fees and other
34 costs incurred in defending a person engaged or who was engaged in
35 residency training or the private practice corporations or foundations and
36 their full-time physician faculty employed by the university of Kansas
37 medical center from claims for personal injury or death arising out of the
38 rendering of or the failure to render professional services by such health
39 care provider;
40 (12) notwithstanding the provisions of subsection (m), any amount
41 due from a judgment or settlement for an injury or death arising out of
42 the rendering of or failure to render professional services by a person
43 engaged or who was engaged in residency training or the private practice

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1 corporations or foundations and their full-time physician faculty em-
2 ployed by the university of Kansas medical center;
3 (13) subject to the provisions of K.S.A. 65-429 and amendments
4 thereto, reasonable and necessary expenses for the development and pro-
5 motion of risk management education programs and for the medical care
6 facility licensure and risk management survey functions carried out under
7 K.S.A. 65-429 and amendments thereto;
8 (14) notwithstanding the provisions of subsection (m), any amount,
9 but not less than the required basic coverage limits, owed pursuant to a
10 judgment or settlement for any injury or death arising out of the rendering
11 of or failure to render professional services by a person, other than a
12 person described in clause (12) of this subsection (c), who was engaged
13 in a postgraduate program of residency training approved by the state
14 board of healing arts or state board of medical professions but who, at the
15 time the claim was made, was no longer engaged in such residency pro-
16 gram;
17 (15) subject to subsection (b) of K.S.A. 40-3411, and amendments
18 thereto, reasonable and necessary expenses for attorney fees and other
19 costs incurred in defending a person described in clause (14) of this sub-
20 section (c);
21 (16) expenses incurred by the commissioner in the performance of
22 duties and functions imposed upon the commissioner by the health care
23 provider insurance availability act, and expenses incurred by the com-
24 missioner in the performance of duties and functions under contracts
25 entered into between the board and the commissioner as authorized by
26 this section; and
27 (17) periodically to the state general fund reimbursements of
28 amounts paid to members of the health care stabilization fund oversight
29 committee for compensation, travel expenses and subsistence expenses
30 pursuant to subsection (e) of K.S.A. 40-3403b, and amendments thereto.
31 (d) All amounts for which the fund is liable pursuant to subsection
32 (c) shall be paid promptly and in full except that, if the amount for which
33 the fund is liable is $300,000 or more, it shall be paid, by installment
34 payments of $300,000 or 10% of the amount of the judgment including
35 interest thereon, whichever is greater, per fiscal year, the first installment
36 to be paid within 60 days after the fund becomes liable and each subse-
37 quent installment to be paid annually on the same date of the year the
38 first installment was paid, until the claim has been paid in full. Any at-
39 torney fees payable from such installment shall be similarly prorated.
40 (e) In no event shall the fund be liable to pay in excess of $3,000,000
41 pursuant to any one judgment or settlement against any one health care
42 provider relating to any injury or death arising out of the rendering of or
43 the failure to render professional services on and after July 1, 1984, and

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1 before July 1, 1989, subject to an aggregate limitation for all judgments
2 or settlements arising from all claims made in any one fiscal year in the
3 amount of $6,000,000 for each health care provider.
4 (f) The fund shall not be liable to pay in excess of the amounts spec-
5 ified in the option selected by the health care provider pursuant to sub-
6 section (l) for judgments or settlements relating to injury or death arising
7 out of the rendering of or failure to render professional services by such
8 health care provider on or after July 1, 1989.
9 (g) A health care provider shall be deemed to have qualified for cov-
10 erage under the fund:
11 (1) On and after July 1, 1976, if basic coverage is then in effect;
12 (2) subsequent to July 1, 1976, at such time as basic coverage be-
13 comes effective; or
14 (3) upon qualifying as a self-insurer pursuant to K.S.A. 40-3414 and
15 amendments thereto.
16 (h) A health care provider who is qualified for coverage under the
17 fund shall have no vicarious liability or responsibility for any injury or
18 death arising out of the rendering of or the failure to render professional
19 services inside or outside this state by any other health care provider who
20 is also qualified for coverage under the fund. The provisions of this sub-
21 section shall apply to all claims filed on or after July 1, 1986.
22 (i) Notwithstanding the provisions of K.S.A. 40-3402 and amend-
23 ments thereto, if the board of governors determines due to the number
24 of claims filed against a health care provider or the outcome of those
25 claims that an individual health care provider presents a material risk of
26 significant future liability to the fund, the board of governors is authorized
27 by a vote of a majority of the members thereof, after notice and an op-
28 portunity for hearing in accordance with the provisions of the Kansas
29 administrative procedure act, to terminate the liability of the fund for all
30 claims against the health care provider for damages for death or personal
31 injury arising out of the rendering of or the failure to render professional
32 services after the date of termination. The date of termination shall be
33 30 days after the date of the determination by the board of governors.
34 The board of governors, upon termination of the liability of the fund
35 under this subsection, shall notify the licensing or other disciplinary board
36 having jurisdiction over the health care provider involved of the name of
37 the health care provider and the reasons for the termination.
38 (j) (1) Upon the payment of moneys from the health care stabiliza-
39 tion fund pursuant to subsection (c)(11), the board of governors shall
40 certify to the director of accounts and reports the amount of such pay-
41 ment, and the director of accounts and reports shall transfer an amount
42 equal to the amount certified, reduced by any amount transferred pur-
43 suant to paragraph (3) of this subsection (j), from the state general fund

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1 to the health care stabilization fund.
2 (2) Upon the payment of moneys from the health care stabilization
3 fund pursuant to subsection (c)(12), the board of governors shall certify
4 to the director of accounts and reports the amount of such payment which
5 is equal to the basic coverage liability of self-insurers, and the director of
6 accounts and reports shall transfer an amount equal to the amount cer-
7 tified, reduced by any amount transferred pursuant to paragraph (3) of
8 this subsection (j), from the state general fund to the health care stabili-
9 zation fund.
10 (3) The university of Kansas medical center private practice foun-
11 dation reserve fund is hereby established in the state treasury. If the
12 balance in such reserve fund is less than $500,000 on July 1 of any year,
13 the private practice corporations or foundations referred to in subsection
14 (c) of K.S.A. 40-3402, and amendments thereto, shall remit the amount
15 necessary to increase such balance to $500,000 to the state treasurer for
16 credit to such reserve fund as soon after such July 1 date as is practicable.
17 Upon receipt of each such remittance, the state treasurer shall credit the
18 same to such reserve fund. When compliance with the foregoing provi-
19 sions of this paragraph have been achieved on or after July 1 of any year
20 in which the same are applicable, the state treasurer shall certify to the
21 board of governors that such reserve fund has been funded for the year
22 in the manner required by law. Moneys in such reserve fund may be
23 invested or reinvested in accordance with the provisions of K.S.A. 40-
24 3406, and amendments thereto, and any income or interest earned by
25 such investments shall be credited to such reserve fund. Upon payment
26 of moneys from the health care stabilization fund pursuant to subsection
27 (c)(11) or (c)(12) with respect to any private practice corporation or foun-
28 dation or any of its full-time physician faculty employed by the university
29 of Kansas, the director of accounts and reports shall transfer an amount
30 equal to the amount paid from the university of Kansas medical center
31 private practice foundation reserve fund to the health care stabilization
32 fund or, if the balance in such reserve fund is less than the amount so
33 paid, an amount equal to the balance in such reserve fund.
34 (4) Upon payment of moneys from the health care stabilization fund
35 pursuant to subsection (c)(14) or (c)(15), the board of governors shall
36 certify to the director of accounts and reports the amount of such pay-
37 ment, and the director of accounts and reports shall transfer an amount
38 equal to the amount certified from the state general fund to the health
39 care stabilization fund.
40 (k) Notwithstanding any other provision of the health care provider
41 insurance availability act, no psychiatric hospital licensed under K.S.A.
42 75-3307b and amendments thereto shall be assessed a premium sur-
43 charge or be entitled to coverage under the fund if such hospital has not

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1 paid any premium surcharge pursuant to K.S.A. 40-3404 and amend-
2 ments thereto prior to January 1, 1988.
3 (l) ~~On or after July 1, 1989,~~ Every health care provider shall make an
4 election to be covered by one of the following options provided in this
5 subsection (l) which shall limit the liability of the fund with respect to
6 judgments or settlements relating to injury or death arising out of the
7 rendering of or failure to render professional services ~~on or after July 1,~~
8 ~~1989~~. Such election shall be made at the time the health care provider
9 renews the basic coverage in effect on July 1, 1989, or, if basic coverage
10 is not in effect, such election shall be made at the time such coverage is
11 acquired pursuant to K.S.A. 40-3402, and amendments thereto. Notice
12 of the election shall be provided by the insurer providing the basic cov-
13 erage in the manner and form prescribed by the board of governors and
14 shall continue to be effective from year to year unless modified by a
15 subsequent election made prior to the anniversary date of the policy. The
16 health care provider may at any subsequent election reduce the dollar
17 amount of the coverage for the next and subsequent fiscal years, but may
18 not increase the same, unless specifically authorized by the board of gov-
19 ernors. Any election of fund coverage limits, whenever made, shall be
20 with respect to judgments or settlements relating to injury or death arising
21 out of the rendering of or failure to render professional services on or
22 after the effective date of such election of fund coverage limits. Such
23 election shall be made for persons engaged in residency training and
24 persons engaged in other postgraduate training programs approved by
25 the state board of healing arts or state board of medical professions at
26 medical care facilities or mental health centers in this state by the agency
27 or institution paying the surcharge levied under K.S.A. 40-3404, and
28 amendments thereto, for such persons. Such options shall be as follows:
29
30 (1) OPTION 1. The fund shall not be liable to pay in excess of
31 $100,000 pursuant to any one judgment or settlement for any party
32 against such health care provider, subject to an aggregate limitation for
33 all judgments or settlements arising from all claims made in the fiscal year
34 in an amount of $300,000 for such provider.
35 (2) OPTION 2. The fund shall not be liable to pay in excess of
36 $300,000 pursuant to any one judgment or settlement for any party
37 against such health care provider, subject to an aggregate limitation for
38 all judgments or settlements arising from all claims made in the fiscal year
39 in an amount of $900,000 for such provider.
40 (3) OPTION 3. The fund shall not be liable to pay in excess of
41 $800,000 pursuant to any one judgment or settlement for any party
42 against such health care provider, subject to an aggregate limitation for
43 all judgments or settlements arising from all claims made in the fiscal year

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1 in an amount of $2,400,000 for such health care provider.
2 (m) The fund shall not be liable for any amounts due from a judgment
3 or settlement against resident or nonresident inactive health care provid-
4 ers who first qualify as an inactive health care provider on or after July 1,
5 1989, unless such health care provider has been in compliance with K.S.A.
6 40-3402, and amendments thereto, for a period of not less than five years.
7 If a health care provider has not been in compliance for five years, such
8 health care provider may make application and payment for the coverage
9 for the period while they are nonresident health care providers, nonres-
10 ident self-insurers or resident or nonresident inactive health care provid-
11 ers to the fund. Such payment shall be made within 30 days after the
12 health care provider ceases being an active health care provider and shall
13 be made in an amount determined by the board of governors to be suf-
14 ficient to fund anticipated claims based upon reasonably prudent actuarial
15 principles. The provisions of this subsection shall not be applicable to any
16 health care provider which becomes inactive through death or retirement,
17 or through disability or circumstances beyond such health care provider's
18 control, if such health care provider notifies the board of governors and
19 receives approval for an exemption from the provisions of this subsection.
20 Any period spent in a postgraduate program of residency training ap-
21 proved by the state board of healing arts or state board of medical pro-
22 fessions shall not be included in computation of time spent in compliance
23 with the provisions of K.S.A. 40-3402, and amendments thereto.
24 (n) Notwithstanding the provisions of subsection (m) or any other
25 provision in article 34 of chapter 40 of the Kansas Statutes Annotated to
26 the contrary, the fund shall not be liable for any claim made on or after
27 July 1, 1991, against a licensed optometrist or pharmacist relating to any
28 injury or death arising out of the rendering of or failure to render pro-
29 fessional services by such optometrist or pharmacist prior to July 1, 1991,
30 unless such optometrist or pharmacist qualified as an inactive health care
31 provider prior to July 1, 1991.
32 (o) Notwithstanding the provisions of subsection (m) or any other
33 provision in article 34 of chapter 40 of the Kansas Statutes Annotated to
34 the contrary, the fund shall not be liable for any claim made on or after
35 July 1, ~~1995~~ 1998, against a physical therapist registered by the state board
36 of ~~healing arts~~ medical professions relating to any injury or death arising
37 out of the rendering of or failure to render professional services by such
38 physical therapist prior to July 1, 1995, unless such physical therapist
39 qualified as an inactive health care provider prior to July 1, 1995.
40 (p) Notwithstanding the provisions of subsection (m) or any other
41 provision in article 34 of chapter 40 of the Kansas Statutes Annotated to
42 the contrary, the fund shall not be liable for any claim made on or after
43 July 1, 1997, against a health maintenance organization relating to any

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1 injury or death arising out of the rendering of or failure to render pro-
2 fessional services by such health maintenance organization prior to July
3 1, 1997, unless such health maintenance organization qualified as an in-
4 active health care provider prior to July 1, 1997, and obtained coverage
5 pursuant to subsection (m). Health maintenance organizations not qual-
6 ified as inactive health care providers prior to July 1, 1997, may purchase
7 coverage from the fund for periods of prior compliance by making ap-
8 plication prior to August 1, 1997, and payment within 30 days from notice
9 of the calculated amount as determined by the board of governors to be
10 sufficient to fund anticipated claims based on reasonably prudent actu-
11 arial principles.
12 (q) Notwithstanding anything in article 34 of chapter 40 of the Kansas
13 Statutes Annotated to the contrary, the fund shall in no event be liable
14 for any claims against any health care provider based upon or relating to
15 the health care provider's sexual acts or activity, but in such cases the
16 fund may pay reasonable and necessary expenses for attorney fees in-
17 curred in defending the fund against such claim. The fund may recover
18 all or a portion of such expenses for attorney fees if an adverse judgment
19 is returned against the health care provider for damages resulting from
20 the health care provider's sexual acts or activity.
21 Sec. 93. K.S.A. 1997 Supp. 40-3409 is hereby amended to read as
22 follows: 40-3409. (a) (1) In any action filed in this state for personal injury
23 or death arising out of the rendering of or the failure to render profes-
24 sional services by any health care provider covered by the fund or any
25 inactive health care provider covered by the fund, the plaintiff shall serve
26 a copy of the petition upon the board of governors by registered mail
27 within 10 days from filing the same, and if such service is not made the
28 fund shall not be liable for any amount due from a judgment or a settle-
29 ment nor, in such case, shall the health care provider or the provider's
30 insurer or the inactive health care provider or the provider's insurer be
31 liable for such amount that, if such service had been made, would have
32 been paid by the fund; (2) in any action filed outside of this state for
33 personal injury or death arising out of the rendering of or the failure to
34 render professional services by any health care provider or any inactive
35 health care provider covered by the fund, the inactive health care pro-
36 vider, the self-insurer or the insurer of a health care provider or an in-
37 active health care provider shall notify the board of governors, as soon as
38 it is reasonably practicable, that such summons or petition has been filed.
39 If the petition names as a defendant in the action a health care provider
40 who is licensed, registered or certified by the state board of healing arts
41 or state board of medical professions, the board of governors shall forward
42 a copy of the petition to the state board of healing arts or state board of
43 medical professions.

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1 (b) Such action shall be defended by the insurer or the self-insurer,
2 but if the board of governors believes it to be in the best interests of the
3 fund, the board of governors may employ independent counsel to rep-
4 resent the interests of the fund. The cost of employing such counsel shall
5 be paid from the fund. The board of governors is authorized to employ
6 independent counsel in any such action against an inactive health care
7 provider covered by the fund.
8 (c) The attorneys of record and the board of governors shall submit
9 to the state board of healing arts or state board of medical professions
10 expert witness reports which have been made available to the opposing
11 parties in the case and, upon the request of the state board of healing
12 arts or state board of medical professions, any depositions, interrogatories,
13 admissions or other relevant information concerning the case which has
14 been made available to the opposing parties in the case shall also be
15 submitted. The board of governors shall not be required to furnish in-
16 formation not in the possession of the board of governors. Any report or
17 other information made available to the state board of healing arts or
18 state board of medical professions in accordance with this subsection shall
19 be subject to K.S.A. 65-2898a and amendments thereto. Reasonable ex-
20 penses incurred in reproducing such reports or other information shall
21 be paid by the state board of healing arts or state board of medical pro-
22 fessions.
23 Sec. 94. K.S.A. 1997 Supp. 40-3414 is hereby amended to read as
24 follows: 40-3414. (a) Any health care provider, or any health care system
25 organized and existing under the laws of this state which owns and op-
26 erates two or more medical care facilities licensed by the department of
27 health and environment, whose aggregate annual insurance premium is
28 or would be $100,000 or more for basic coverage calculated in accordance
29 with rating procedures approved by the commissioner pursuant to K.S.A.
30 40-3413 and amendments thereto, may qualify as a self-insurer by ob-
31 taining a certificate of self-insurance from the board of governors. Upon
32 application of any such health care provider or health care system, on a
33 form prescribed by the board of governors, the board of governors may
34 issue a certificate of self-insurance if the board of governors is satisfied
35 that the applicant is possessed and will continue to be possessed of ability
36 to pay any judgment for which liability exists equal to the amount of basic
37 coverage required of a health care provider obtained against such appli-
38 cant arising from the applicant's rendering of professional services as a
39 health care provider. In making such determination the board of gover-
40 nors shall consider (1) the financial condition of the applicant, (2) the
41 procedures adopted and followed by the applicant to process and handle
42 claims and potential claims, (3) the amount and liquidity of assets reserved
43 for the settlement of claims or potential claims and (4) any other relevant

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1 factors. The certificate of self-insurance may contain reasonable condi-
2 tions prescribed by the board of governors. Upon notice and a hearing in
3 accordance with the provisions of the Kansas administrative procedure
4 act, the board of governors may cancel a certificate of self-insurance upon
5 reasonable grounds therefor. Failure to pay any judgment for which the
6 self-insurer is liable arising from the self-insurer's rendering of profes-
7 sional services as a health care provider, the failure to comply with any
8 provision of this act or the failure to comply with any conditions contained
9 in the certificate of self-insurance shall be reasonable grounds for the
10 cancellation of such certificate of self-insurance. The provisions of this
11 subsection shall not apply to the Kansas soldiers' home, the Kansas vet-
12 erans' home or to any person who is a self-insurer pursuant to subsection
13 (d) or (e).
14 (b) Any such health care provider or health care system that holds a
15 certificate of self-insurance shall pay the applicable surcharge set forth in
16 subsection (c) of K.S.A. 40-3402 and amendments thereto.
17 (c) The Kansas soldiers' home and the Kansas veterans' home shall
18 be self-insurers and shall pay the applicable surcharge set forth in sub-
19 section (c) of K.S.A. 40-3402 and amendments thereto.
20 (d) Persons engaged in residency training as provided in subsections
21 (r)(1) and (2) of K.S.A. 40-3401, and amendments thereto, shall be self-
22 insured by the state of Kansas for occurrences arising during such train-
23 ing, and such person shall be deemed a self-insurer for the purposes of
24 the health care provider insurance availability act. Such self-insurance
25 shall be applicable to a person engaged in residency training only when
26 such person is engaged in medical activities which do not include extra-
27 curricular, extra-institutional medical service for which such person re-
28 ceives extra compensation and which have not been approved as provided
29 in subsections (r)(1) and (2) of K.S.A. 40-3401, and amendments thereto.
30 (e) (1) A person engaged in a postgraduate training program ap-
31 proved by the state board of healing arts or state board of medical pro-
32 fessions at a medical care facility or mental health center in this state may
33 be self-insured by such medical care facility or mental health center in
34 accordance with this subsection (e) and in accordance with such terms
35 and conditions of eligibility therefor as may be specified by the medical
36 care facility or mental health center and approved by the board of gov-
37 ernors. A person self-insured under this subsection (e) by a medical care
38 facility or mental health center shall be deemed a self-insurer for purposes
39 of the health care provider insurance availability act. Upon application by
40 a medical care facility or mental health center, on a form prescribed by
41 the board of governors, the board of governors may authorize such med-
42 ical care facility or mental health center to self-insure persons engaged
43 in postgraduate training programs approved by the state board of healing

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1 arts or state board of medical professions at such medical care facility or
2 mental health center if the board of governors is satisfied that the medical
3 care facility or mental health center is possessed and will continue to be
4 possessed of ability to pay any judgment for which liability exists equal to
5 the amount of basic coverage required of a health care provider obtained
6 against a person engaged in such a postgraduate training program and
7 arising from such person's rendering of or failure to render professional
8 services as a health care provider.
9 (2) In making such determination the board of governors shall con-
10 sider (A) the financial condition of the medical care facility or mental
11 health center, (B) the procedures adopted by the medical care facility or
12 mental health center to process and handle claims and potential claims,
13 (C) the amount and liquidity of assets reserved for the settlement of
14 claims or potential claims by the medical care facility or mental health
15 center and (D) any other factors the board of governors deems relevant.
16 The board of governors may specify such conditions for the approval of
17 an application as the board of governors deems necessary. Upon approval
18 of an application, the board of governors shall issue a certificate of self-
19 insurance to each person engaged in such postgraduate training program
20 at the medical care facility or mental health center who is self-insured by
21 such medical care facility or mental health center.
22 (3) Upon notice and a hearing in accordance with the provisions of
23 the Kansas administrative procedure act, the board of governors may
24 cancel, upon reasonable grounds therefor, a certificate of self-insurance
25 issued pursuant to this subsection (e) or the authority of a medical care
26 facility or mental health center to self-insure persons engaged in such
27 postgraduate training programs at the medical care facility or mental
28 health center. Failure of a person engaged in such postgraduate training
29 program to comply with the terms and conditions of eligibility to be
30 self-insured by the medical care facility or mental health center, the fail-
31 ure of a medical care facility or mental health center to pay any judgment
32 for which such medical care facility or mental health center is liable as
33 self-insurer of such person, the failure to comply with any provisions of
34 the health care provider insurance availability act or the failure to comply
35 with any conditions for approval of the application or any conditions con-
36 tained in the certificate of self-insurance shall be reasonable grounds for
37 cancellation of such certificate of self-insurance or the authority of a med-
38 ical care facility or mental health center to self-insure such persons.
39 (4) A medical care facility or mental health center authorized to
40 self-insure persons engaged in such postgraduate training programs shall
41 pay the applicable surcharge set forth in subsection (c) of K.S.A. 40-3402
42 and amendments thereto on behalf of such persons.
43 (5) As used in this subsection (e), ``medical care facility'' does not

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1 include the university of Kansas medical center or those community hos-
2 pitals or medical care facilities described in subsection (r)(2) of K.S.A.
3 40-3401, and amendments thereto.
4 (f) For the purposes of subsection (a), ``health care provider'' may
5 include each health care provider in any group of health care providers
6 who practice as a group to provide physician services only for a health
7 maintenance organization, any professional corporations, partnerships or
8 not-for-profit corporations formed by such group and the health main-
9 tenance organization itself. The premiums for each such provider, health
10 maintenance organization and group corporation or partnership may be
11 aggregated for the purpose of being eligible for and subject to the stat-
12 utory requirements for self-insurance as set forth in this section.
13 (g) The provisions of subsections (a) and (f), relating to health care
14 systems, shall not affect the responsibility of individual health care pro-
15 viders as defined in subsection (f) of K.S.A. 40-3401 and amendments
16 thereto or organizations whose premiums are aggregated for purposes of
17 being eligible for self-insurance from individually meeting the require-
18 ments imposed by K.S.A. 40-3402 and amendments thereto with respect
19 to the ability to respond to injury or damages to the extent specified
20 therein and K.S.A. 40-3404 and amendments thereto with respect to the
21 payment of the health care stabilization fund surcharge.
22 (h) Each private practice corporation or foundation and their full-
23 time physician faculty employed by the university of Kansas medical cen-
24 ter shall be deemed a self-insurer for the purposes of the health care
25 provider insurance availability act. The private practice corporation or
26 foundation of which the full-time physician faculty is a member shall pay
27 the applicable surcharge set forth in subsection (a) of K.S.A. 40-3404, and
28 amendments thereto, on behalf of the private practice corporation or
29 foundation and their full-time physician faculty employed by the univer-
30 sity of Kansas medical center.
31 Sec. 95. K.S.A. 1997 Supp. 40-4602 is hereby amended to read as
32 follows: 40-4602. As used in this act:
33 (a) ``Emergency medical condition'' means the sudden and, at the
34 time, unexpected onset of a health condition that requires immediate
35 medical attention, where failure to provide medical attention would result
36 in serious impairment to bodily functions or serious dysfunction of a bod-
37 ily organ or part, or would place the person's health in serious jeopardy.
38 (b) ``Emergency services'' means ambulance services and health care
39 items and services furnished or required to evaluate and treat an emer-
40 gency medical condition, as directed or ordered by a physician.
41 (c) ``Health benefit plan'' means any hospital or medical expense pol-
42 icy, health, hospital or medical service corporation contract, a plan pro-
43 vided by a municipal group-funded pool, a policy or agreement entered

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1 into by a health insurer or a health maintenance organization contract
2 offered by an employer or any certificate issued under any such policies,
3 contracts or plans. ``Health benefit plan'' does not include policies or
4 certificates covering only accident, credit, dental, disability income,
5 long-term care, hospital indemnity, medicare supplement, specified dis-
6 ease, vision care, coverage issued as a supplement to liability insurance,
7 insurance arising out of a workers compensation or similar law, automo-
8 bile medical-payment insurance, or insurance under which benefits are
9 payable with or without regard to fault and which is statutorily required
10 to be contained in any liability insurance policy or equivalent self-insur-
11 ance.
12 (d) ``Health insurer'' means any insurance company, nonprofit med-
13 ical and hospital service corporation, municipal group-funded pool, fra-
14 ternal benefit society, health maintenance organization, or any other en-
15 tity which offers a health benefit plan subject to the Kansas Statutes
16 Annotated.
17 (e) ``Insured'' means a person who is covered by a health benefit plan.
18 (f) ``Participating provider'' means a provider who, under a contract
19 with the health insurer or with its contractor or subcontractor, has agreed
20 to provide one or more health care services to insureds with an expec-
21 tation of receiving payment, other than coinsurance, copayments or de-
22 ductibles, directly or indirectly from the health insurer.
23 (g) ``Provider'' means a physician, hospital or other person which is
24 licensed, accredited or certified to perform specified health care services.
25 (h) ``Provider network'' means those participating providers who have
26 entered into a contract or agreement with a health insurer to provide
27 items or health care services to individuals covered by a health benefit
28 plan offered by such health insurer.
29 (i) ``Physician'' means a person licensed by the state board of ~~healing~~
30 ~~arts~~ medical professions to practice medicine and surgery.
31 Sec. 96. K.S.A. 48-1601 is hereby amended to read as follows: 48-
32 1601. It is the policy of the state of Kansas in furtherance of its respon-
33 sibility to protect the public health and safety:
34 (a) To institute and maintain a program to permit development and
35 utilization of sources of radiation for peaceful purposes consistent with
36 the health and safety of the public;
37 (b) to institute and maintain a regulatory program for sources of ra-
38 diation so as to provide for (1) compatibility with the standards and reg-
39 ulatory programs of the federal government; (2) an integrated, effective
40 system of regulation within the state; and (3) a system consonant insofar
41 as possible with those of other states; and
42 (c) to provide for the availability of capacity either within or outside
43 the state for the disposal of low-level radioactive waste generated within

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1 the state, except for waste generated as a result of defense or federal
2 research and development activities, and to recognize that such radioac-
3 tive waste can be most safely and efficiently managed on a regional basis.
4 Any state agency or institution acting as a grantee in a federal research
5 or development program which generates low-level radioactive waste
6 within the state shall be required to dispose of such waste in accordance
7 with applicable state law.
8 The provisions of this act shall not be interpreted as limiting the inten-
9 tional exposure of patients to radiation, for the purpose of diagnosis or
10 therapy, by persons licensed to practice one or more of the healing arts
11 within the authority granted to them by the Kansas healing arts statute
12 or the Kansas medical practice statute, or by persons licensed to practice
13 dentistry or podiatry within the authority granted to them by Kansas li-
14 censing laws applying to dentists and podiatrists.
15 Sec. 97. K.S.A. 1997 Supp. 59-2946 is hereby amended to read as
16 follows: 59-2946. When used in the care and treatment act for mentally
17 ill persons:
18 (a) ``Discharge'' means the final and complete release from treat-
19 ment, by either the head of a treatment facility acting pursuant to K.S.A.
20 1997 Supp. 59-2950 and amendments thereto or by an order of a court
21 issued pursuant to K.S.A. 1997 Supp. 59-2973 and amendments thereto.
22 (b) ``Head of a treatment facility'' means the administrative director
23 of a treatment facility or such person's designee.
24 (c) ``Law enforcement officer'' shall have the meaning ascribed to it
25 in K.S.A. 22-2202, and amendments thereto.
26 (d) (1) ``Mental health center'' means any community mental health
27 center organized pursuant to the provisions of K.S.A. 19-4001 through
28 19-4015 and amendments thereto, or mental health clinic organized pur-
29 suant to the provisions of K.S.A. 65-211 through 65-215 and amendments
30 thereto, or a mental health clinic organized as a not-for-profit or a for-
31 profit corporation pursuant to K.S.A. 17-1701 through 17-1775 and
32 amendments thereto or K.S.A. 17-6001 through 17-6010 and amend-
33 ments thereto, and licensed in accordance with the provisions of K.S.A.
34 75-3307b and amendments thereto.
35 (2) ``Participating mental health center'' means a mental health center
36 which has entered into a contract with the secretary of social and reha-
37 bilitation services pursuant to the provisions of K.S.A. 39-1601 through
38 39-1612 and amendments thereto.
39 (e) ``Mentally ill person'' means any person who is suffering from a
40 mental disorder which is manifested by a clinically significant behavioral
41 or psychological syndrome or pattern and associated with either a painful
42 symptom or an impairment in one or more important areas of functioning,
43 and involving substantial behavioral, psychological or biological dysfunc-

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1 tion, to the extent that the person is in need of treatment.
2 (f) (1) ``Mentally ill person subject to involuntary commitment for
3 care and treatment'' means a mentally ill person, as defined in subsection
4 (e), who also lacks capacity to make an informed decision concerning
5 treatment, is likely to cause harm to self or others, and whose diagnosis
6 is not solely one of the following mental disorders: Alcohol or chemical
7 substance abuse; antisocial personality disorder; mental retardation; or-
8 ganic personality syndrome; or an organic mental disorder.
9 (2) ``Lacks capacity to make an informed decision concerning treat-
10 ment'' means that the person, by reason of the person's mental disorder,
11 is unable, despite conscientious efforts at explanation, to understand ba-
12 sically the nature and effects of hospitalization or treatment or is unable
13 to engage in a rational decision-making process regarding hospitalization
14 or treatment, as evidenced by an inability to weigh the possible risks and
15 benefits.
16 (3) ``Likely to cause harm to self or others'' means that the person,
17 by reason of the person's mental disorder: (a) Is likely, in the reasonably
18 foreseeable future, to cause substantial physical injury or physical abuse
19 to self or others or substantial damage to another's property, as evidenced
20 by behavior threatening, attempting or causing such injury, abuse or dam-
21 age; except that if the harm threatened, attempted or caused is only harm
22 to the property of another, the harm must be of such a value and extent
23 that the state's interest in protecting the property from such harm out-
24 weighs the person's interest in personal liberty; or (b) is substantially
25 unable, except for reason of indigency, to provide for any of the person's
26 basic needs, such as food, clothing, shelter, health or safety, causing a
27 substantial deterioration of the person's ability to function on the person's
28 own.
29 No person who is being treated by prayer in the practice of the religion
30 of any church which teaches reliance on spiritual means alone through
31 prayer for healing shall be determined to be a mentally ill person subject
32 to involuntary commitment for care and treatment under this act unless
33 substantial evidence is produced upon which the district court finds that
34 the proposed patient is likely in the reasonably foreseeable future to cause
35 substantial physical injury or physical abuse to self or others or substantial
36 damage to another's property, as evidenced by behavior threatening, at-
37 tempting or causing such injury, abuse or damage; except that if the harm
38 threatened, attempted or caused is only harm to the property of another,
39 the harm must be of such a value and extent that the state's interest in
40 protecting the property from such harm outweighs the person's interest
41 in personal liberty.
42 (g) ``Patient'' means a person who is a voluntary patient, a proposed
43 patient or an involuntary patient.

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1 (1) ``Voluntary patient'' means a person who is receiving treatment at
2 a treatment facility pursuant to K.S.A. 1997 Supp. 59-2949 and amend-
3 ments thereto.
4 (2) ``Proposed patient'' means a person for whom a petition pursuant
5 to K.S.A. 1997 Supp. 59-2952 or K.S.A. 1997 Supp. 59-2957 and amend-
6 ments thereto has been filed.
7 (3) ``Involuntary patient'' means a person who is receiving treatment
8 under order of a court or a person admitted and detained by a treatment
9 facility pursuant to an application filed pursuant to subsection (b) or (c)
10 of K.S.A. 1997 Supp. 59-2954 and amendments thereto.
11 (h) ``Physician'' means a person licensed to practice medicine and
12 surgery as provided for in the Kansas ~~healing arts~~ medical professions act
13 or a person who is employed by a state psychiatric hospital or by an agency
14 of the United States and who is authorized by law to practice medicine
15 and surgery within that hospital or agency.
16 (i) ``Psychologist'' means a licensed psychologist, as defined by K.S.A.
17 74-5302 and amendments thereto.
18 (j) ``Qualified mental health professional'' means a physician or psy-
19 chologist who is employed by a participating mental health center or who
20 is providing services as a physician or psychologist under a contract with
21 a participating mental health center, or a licensed masters level psychol-
22 ogist or a licensed specialist social worker or a licensed master social
23 worker or a registered nurse who has a specialty in psychiatric nursing,
24 who is employed by a participating mental health center and who is acting
25 under the direction of a physician or psychologist who is employed by, or
26 under contract with, a participating mental health center.
27 (1) ``Direction'' means monitoring and oversight including regular,
28 periodic evaluation of services.
29 (2) ``Licensed master social worker'' means a person licensed as a
30 master social worker by the behavioral sciences regulatory board under
31 K.S.A. 65-6301 through 65-6318 and amendments thereto.
32 (3) ``Licensed specialist social worker'' means a person licensed in a
33 social work practice specialty by the behavioral sciences regulatory board
34 under K.S.A. 65-6301 through 65-6318 and amendments thereto.
35 (4) ``Licensed masters level psychologist'' means a person licensed as
36 a licensed masters level psychologist by the behavioral sciences regulatory
37 board under K.S.A. 74-5361 through 74-5373 and amendments thereto.
38 (5) ``Registered nurse'' means a person licensed as a registered pro-
39 fessional nurse by the board of nursing under K.S.A. 65-1113 through 65-
40 1164 and amendments thereto.
41 (k) ``Secretary'' means the secretary of social and rehabilitation serv-
42 ices.
43 (l) ``State psychiatric hospital'' means Larned state hospital, Osawa-

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1 tomie state hospital, or Rainbow mental health facility ~~or Topeka state~~
2 ~~hospital~~.
3 (m) ``Treatment'' means any service intended to promote the mental
4 health of the patient and rendered by a qualified professional, licensed
5 or certified by the state to provide such service as an independent prac-
6 titioner or under the supervision of such practitioner.
7 (n) ``Treatment facility'' means any mental health center or clinic,
8 psychiatric unit of a medical care facility, state psychiatric hospital, psy-
9 chologist, physician or other institution or person authorized or licensed
10 by law to provide either inpatient or outpatient treatment to any patient.
11 (o) The terms defined in K.S.A. 59-3002 and amendments thereto
12 shall have the meanings provided by that section.
13 Sec. 98. K.S.A. 60-513d is hereby amended to read as follows: 60-
14 513d. As used in K.S.A. 60-513 and 60-513b, and amendments to such
15 statutes, the term ``health care provider'' means a person licensed to prac-
16 tice any branch of the healing arts, a person licensed to practice medicine
17 and surgery, a person who holds a temporary permit to practice any
18 branch of the healing arts or medicine and surgery, a person engaged in
19 a postgraduate training program approved by the state board of healing
20 arts or state board of medical professions, a licensed medical care facility,
21 a health maintenance organization, a licensed dentist, a licensed profes-
22 sional nurse, a licensed practical nurse, a licensed optometrist, a licensed
23 podiatrist, a professional corporation organized pursuant to the profes-
24 sional corporation law of Kansas by persons who are authorized by such
25 law to form such a corporation and who are health care providers as
26 defined by this section, a licensed pharmacist or a registered physical
27 therapist.
28 Sec. 99. K.S.A. 60-2609 is hereby amended to read as follows: 60-
29 2609. (a) Whenever judgment is entered on a claim in any action for
30 recovery of damages for personal injury or death arising out of the ren-
31 dering of or the failure to render professional services by any health care
32 provider, the court may include in such judgment a requirement that the
33 damages awarded be paid in whole or in part by installment or periodic
34 payments, and any installment or periodic payment upon becoming due
35 and payable under the terms of any such judgment shall constitute a
36 separate judgment upon which execution may issue. Any judgment or-
37 dering any such payments shall specify the amount of each payment, the
38 interval between payments and the number of payments to be paid under
39 the judgment. For good cause shown, the court may modify such judg-
40 ment with respect to the amount of such payments and the number of
41 payments to be made or the interval between payments, but the total
42 amount of damages awarded by such judgment shall not be subject to
43 modification in any event.

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1 (b) As used in this section, ``health care provider'' means a person
2 licensed to practice medicine and surgery, a person licensed to practice
3 any branch of the healing arts, a person who holds a temporary permit
4 to practice medicine and surgery or any branch of the healing arts or a
5 person engaged in a postgraduate training program approved by the state
6 board of healing arts or state board of medical professions, a licensed
7 medical care facility, a health maintenance organization, a licensed den-
8 tist, a licensed professional nurse, a licensed practical nurse, a licensed
9 optometrist, a licensed podiatrist, a licensed pharmacist, a professional
10 corporation organized pursuant to the professional corporation law of
11 Kansas by persons who are authorized by such law to form such a cor-
12 poration and who are health care providers as defined by this subsection,
13 a registered physical therapist or an officer, employee or agent thereof
14 acting in the course and scope of employment or agency.
15 Sec. 100. K.S.A. 65-118 is hereby amended to read as follows: 65-
16 118. (a) Whenever any person licensed to practice the healing arts or
17 medicine and surgery or any person engaged in a postgraduate training
18 program approved by the state board of healing arts or state board of
19 medical professions, licensed dentist, physician's assistant whose name has
20 been entered on the register of physicians' assistants by the state board
21 of ~~healing arts~~ medical professions, licensed social worker, teacher or
22 school administrator knows or has information indicating that a person is
23 suffering from or has died from an infectious or contagious disease, such
24 knowledge or information shall be reported immediately to the county or
25 joint board of health or the local health officer, together with the name
26 and address of the person who has or is suspected of having the infectious
27 or contagious disease, or the name and former address of the deceased
28 individual who had or was suspected of having such a disease.
29 (b) Any person who is an individual member of a class of persons
30 designated under subsection (a) of this section and who reports the in-
31 formation required to be reported under such subsection in good faith
32 and without malice to a county or joint board of health or a local health
33 officer shall have immunity from any liability, civil or criminal, that might
34 otherwise be incurred or imposed in an action resulting from such report.
35 Any such person shall have the same immunity with respect to partici-
36 pation in any judicial proceeding resulting from such report.
37 (c) Information required to be reported under subsection (a) of this
38 section shall be confidential and shall not be disclosed or made public,
39 upon subpoena or otherwise, beyond the requirements of subsection (a)
40 of this section or subsection (a) of K.S.A. 65-119, except such information
41 may be disclosed:
42 (1) If no person can be identified in the information to be disclosed
43 and the disclosure is for statistical purposes;

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1 (2) if all persons who are identifiable in the information to be dis-
2 closed consent in writing to its disclosure;
3 (3) if the disclosure is necessary, and only to the extent necessary, to
4 protect the public health;
5 (4) if a medical emergency exists and the disclosure is to medical
6 personnel qualified to treat infectious or contagious diseases. Any infor-
7 mation disclosed pursuant to this paragraph shall be disclosed only to the
8 extent necessary to protect the health or life of a named party; or
9 (5) if the information to be disclosed is required in a court proceeding
10 involving child abuse and the information is disclosed in camera.
11 Sec. 101. K.S.A. 65-1,113 is hereby amended to read as follows:
12 65-1,113. (a) The secretary of health and environment shall collect such
13 information as is necessary to define the effective distribution of health
14 manpower in the state and to project future health manpower needs in
15 the state. The board of nursing, the Kansas dental board, the board of
16 examiners in optometry, the state board of pharmacy, the state board of
17 healing arts, the state board of medical professions and the state board of
18 veterinary medical examiners shall cooperate with the secretary of health
19 and environment in the collection of health manpower information and
20 shall furnish to the secretary of health and environment all such health
21 manpower information.
22 (b) Information collected pursuant to the provisions of subsection (a)
23 of this section shall be confidential and shall not be disclosed or made
24 public, upon subpoena or otherwise, except such information shall be
25 disclosed if no person can be identified in the information to be disclosed
26 and the disclosure is for statistical purposes only.
27 Sec. 102. K.S.A. 1997 Supp. 65-448 is hereby amended to read as
28 follows: 65-448. (a) Upon the request of any law enforcement officer and
29 with the written consent of the reported victim, any physician on call or
30 on duty at a medical care facility of this state, as defined by subsection
31 (h) of K.S.A. 65-425, and amendments thereto, shall examine persons
32 who may be victims of sexual offenses cognizable as violations of K.S.A.
33 21-3502, 21-3503, 21-3504, 21-3505, 21-3506, 21-3602 or 21-3603, and
34 amendments thereto, using Kansas bureau of investigation sexual assault
35 evidence collection kits or similar kits approved by the Kansas bureau of
36 investigation, for the purposes of gathering evidence of any such crime.
37 If the physician refuses to perform such physical examination the prose-
38 cuting attorney is hereby empowered to seek a mandatory injunction
39 against such physician to enforce the provisions of this act. Any refusal
40 by a physician to perform an examination which has been requested pur-
41 suant to this section shall be reported by the county or district attorney
42 to the state board of ~~healing arts~~ medical professions for appropriate dis-
43 ciplinary action. The department of health and environment, in cooper-

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1 ation with the Kansas bureau of investigation, shall establish procedures
2 for gathering evidence pursuant to this section. A minor may consent to
3 examination under this section. Such consent is not subject to disaffir-
4 mance because of minority, and consent of parent or guardian of the
5 minor is not required for such examination. The hospital or medical fa-
6 cility shall give written notice to the parent or guardian of a minor that
7 such an examination has taken place.
8 (b) Costs of conducting an examination of a victim as herein provided
9 including the costs of the sexual assault evidence collection kits shall be
10 charged to and paid by the county where the alleged offense was com-
11 mitted. Such county may charge the defendant for the costs paid herein
12 as court costs assessed pursuant to K.S.A. 28-172a or 28-172c, and amend-
13 ments thereto.
14 Sec. 103. K.S.A. 65-5a01 is hereby amended to read as follows: 65-
15 5a01. As used in this act: (a) ``A child with special health care needs''
16 means a person under 21 years of age who has an organic disease, defect
17 or condition which may hinder the achievement of normal physical
18 growth and development.
19 (b) ``Services for children with special health care needs'' means the
20 program administered by the secretary of health and environment pur-
21 suant to article 5a of chapter 65 of Kansas Statutes Annotated and acts
22 amendatory thereof or supplemental thereto.
23 (c) ``Physician'' means any person licensed by the state board of   ~~heal-~~
24 ~~ing arts~~ medical professions to practice medicine and surgery.
25 (d) ``Special health services'' means services for children with special
26 health care needs.
27 Sec. 104. K.S.A. 65-6b01 is hereby amended to read as follows: 65-
28 6b01. As used in this act:
29 (a) ``Physician'' means a person licensed to practice medicine and
30 surgery by the state board of   ~~healing arts~~ medical professions.
31 (b) ``Medical care facility'' means the same as the meaning ascribed
32 thereto in K.S.A. 65-425.
33 (c) ``Health care facility'' means a facility other than a medical care
34 facility providing care for persons who are ill or infirm and includes adult
35 care homes as such term is defined by K.S.A. 39-923.
36 (d) ``Written informed request'' means the request for the prescrip-
37 tion of amygdalin (laetrile) and the form for such request established
38 under K.S.A. 65-6b05.
39 Sec. 105. K.S.A. 65-6b05 is hereby amended to read as follows: 65-
40 6b05. The ``written informed request'' referred to in this act shall be on
41 a form prepared by, and obtained from the state board of   ~~healing arts~~
42 medical professions and shall be in substance as follows:

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1 WRITTEN INFORMED REQUEST FOR PRESCRIPTION 2 OF AMYGDALIN (LAETRILE) FOR MEDICAL TREATMENT 3 Patient's name: __________________________________________________________
4 Address __________________________________________________________________
5 Age ____________ Sex ____________
6 Name and address of prescribing physician: _______________________________
7 Malignancy, disease, illness or physical condition diagnosed for medical treatment by amyg-
8 dalin (laetrile) or its use as a dietary supplement:
9 __________________________________________________________________________
10 __________________________________________________________________________
11 My physician has explained to me:
12 (a) That the federal food and drug administration has determined amygdalin (laetrile)
13 to be an ``unapproved new drug'' and that federal law prohibits the interstate distribution
14 of an ``unapproved new drug.''
15 (b) That neither the American cancer society, the American medical association, the
16 Kansas medical society nor the Kansas association of osteopathic medicine recommends use
17 of amygdalin (laetrile) in the treatment of any malignancy, disease, illness or physical con-
18 dition.
19 (c) That there are alternative recognized treatments for the malignancy, disease, illness
20 or physical condition from which I suffer which my physician has offered to provide for me
21 including: (Here describe)
22 __________________________________________________________________________
23 __________________________________________________________________________
24 That notwithstanding the foregoing, I hereby request prescription and use of amygdalin
25 (laetrile) (a) in the medical treatment of the malignancy, disease, illness or physical condition
26 from which I suffer , (b) as a dietary supplement or (c) both in the medical treatment of
27 the malignancy, disease, illness or physical condition from which I suffer and as a dietary
28 supplement (check (a), (b) or (c)).
29

________________________

30                                        Patient or person signing for patient
31 ATTEST:
32 ____________________
33 Prescribing Physician
34 A copy of such written informed request shall be forwarded forthwith after execution
35 thereof to the medical care facility or other health care facility and the state board of   ~~healing~~
36 ~~arts~~ medical professions.
37 Sec. 106. K.S.A. 1997 Supp. 65-1501a is hereby amended to read as
38 follows: 65-1501a. For the purposes of this act the following terms shall
39 have the meanings respectively ascribed to them unless the context re-
40 quires otherwise:
41 (a) ``Board'' means the board of examiners in optometry established
42 under K.S.A. 74-1501 and amendments thereto.
43 (b) ``License'' means a license to practice optometry granted under

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1 the optometry law.
2 (c) ``Licensee'' means a person licensed under the optometry law to
3 practice optometry.
4 (d) ``Adapt'' means the determination, selection, fitting or use of
5 lenses, prisms, orthoptic exercises or visual training therapy for the aid of
6 any insufficiencies or abnormal conditions of the eyes after or by exami-
7 nation or testing.
8 (e) ``Lenses'' means any type of ophthalmic lenses, which are lenses
9 prescribed or used for the aid of any insufficiencies or abnormal condi-
10 tions of the eyes.
11 (f) ``Prescription'' means a verbal or written order directly from a
12 licensee giving or containing the name and address of the prescriber, the
13 license registration number of the licensee, the name and address of the
14 patient, the specifications and directions for lenses, prisms, orthoptic ex-
15 ercises or visual training therapy to be used for the aid of any insufficien-
16 cies or abnormal conditions of the eyes, including instructions necessary
17 for the fabrication or use thereof and the date of issue.
18 (g) ``Prescription for topical pharmaceutical drugs'' means a verbal or
19 written order directly from a licensee expressly certified to prescribe
20 drugs under the optometry law and giving or containing the name and
21 address of the prescriber, the license registration number of the licensee,
22 the name and address of the patient, the name and quantity of the drug
23 prescribed, directions for use, the number of refills permitted, the date
24 of issue and expiration date.
25 (h) ``Topical pharmaceutical drugs'' means drugs administered topi-
26 cally and not by other means for the examination, diagnosis and treatment
27 of the human eye and its adnexae.
28 (i) ``Dispense'' means to deliver prescription-only medication or oph-
29 thalmic lenses to the ultimate user pursuant to the lawful prescription of
30 a licensee and dispensing of prescription-only medication by a licensee
31 shall be limited to a twenty-four-hour supply or minimal quantity nec-
32 essary until a prescription can be filled by a licensed pharmacist.
33 (j) ``Diagnostic licensee'' means a person licensed under the optom-
34 etry law and certified by the board to administer or dispense topical phar-
35 maceutical drugs for diagnostic purposes.
36 (k) ``Therapeutic licensee'' means a person licensed under the optom-
37 etry law and certified by the board to prescribe, administer or dispense
38 topical pharmaceutical drugs for therapeutic purposes.
39 (l) ``Glaucoma licensee'' means a person described in subsections (j)
40 and (k) of this section who is also licensed under the optometry law to
41 manage and treat adult open-angle glaucoma by nonsurgical means, in-
42 cluding the prescribing, administering and dispensing of topical phar-
43 maceutical drugs, but not other pharmaceutical drugs.

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1 (m) ``False advertisement'' means any advertisement which is false,
2 misleading or deceptive in a material respect. In determining whether
3 any advertisement is misleading, there shall be taken into account not
4 only representations made or suggested by statement, word, design, de-
5 vice, sound or any combination thereof, but also the extent to which the
6 advertisement fails to reveal facts material in the light of such represen-
7 tations made.
8 (n) ``Advertisement'' means all representations disseminated in any
9 manner or by any means, for the purpose of inducing, or which are likely
10 to induce, directly or indirectly, the purchase of professional services or
11 ophthalmic goods.
12 (o) ``Health care provider'' shall have the meaning ascribed to that
13 term in subsection (f) of K.S.A. 40-3401 and amendments thereto.
14 (p) ``Medical facility'' shall have the meaning ascribed to that term in
15 subsection (c) of K.S.A. 65-411 and amendments thereto.
16 (q) ``Medical care facility'' shall have the meaning ascribed to that
17 term in K.S.A. 65-425 and amendments thereto.
18 (r) ``Co-management'' means confirmation by an ophthalmologist of
19 a licensee's diagnosis of adult open-angle glaucoma together with a writ-
20 ten treatment plan which includes (1) all tests and examinations sup-
21 porting the diagnosis, (2) a schedule of tests and examinations necessary
22 to treat the patient's condition, (3) a medication plan, (4) a target intra-
23 ocular pressure, (5) periodic review of the patient's progress and (6) cri-
24 teria for referral of the patient to an ophthalmologist for additional treat-
25 ment or surgical intervention, except that any co-management plan may
26 be modified only with the consent of both the ophthalmologist and the
27 optometrist and the modification noted in writing on the patient's record.
28 (s) ``Co-management period'' means that period of time during which
29 an optometrist co-manages patients either suspected of having or diag-
30 nosed as having adult open-angle glaucoma with an ophthalmologist.
31 (t) ``Ophthalmologist'' means a person licensed to practice medicine
32 and surgery by the state board of ~~healing arts~~ medical professions who
33 specializes in the diagnosis and medical and surgical treatment of diseases
34 and defects of the human eye and related structures.
35 Sec. 107. K.S.A. 1997 Supp. 65-1940 is hereby amended to read as
36 follows: 65-1940. As used in this act, unless the context otherwise re-
37 quires:
38 (a) ``Board'' means the Kansas state board of cosmetology.
39 (b) ``Director'' means the executive director of the board.
40 (c) ``Department'' means the department of health and environment.
41 (d) ``Secretary'' means the secretary of health and environment.
42 (e) ``Licensed permanent color technician and tattoo artist'' means a
43 person licensed under this act to practice tattooing or permanent color

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1 technology, or both.
2 (f) ``Permanent color technician and tattoo artist'' means a person
3 who practices tattooing or permanent color technology, or both pursuant
4 to this act.
5 (g) ``Body piercing'' means puncturing the skin of a person by aid of
6 needles or other instruments designed or used to puncture the skin for
7 the purpose of inserting jewelry or other objects in or through the human
8 body, except puncturing the external part of the human ear shall not be
9 included in this definition.
10 (h) ``Physician'' means a person licensed to practice medicine and
11 surgery by the state board of ~~healing arts~~ medical professions.
12 (i) ``Tattoo'' means the indelible mark, figure or decorative design
13 introduced by insertion of nontoxic dyes or pigments into or under the
14 subcutaneous portion of the skin upon the body of a live human being.
15 (j) ``Tattooing'' means the process by which the skin is marked or
16 colored by insertion of nontoxic dyes or pigments into or under the sub-
17 cutaneous portion of the skin so as to form indelible marks for cosmetic
18 or figurative purposes.
19 (k) ``Tattoo facility'' means any room or space or any part thereof
20 where tattooing is practiced or where the business of tattooing is con-
21 ducted.
22 (l) ``Body piercing facility'' means any room space, or any part thereof,
23 where body piercing is practiced or where the business of body piercing
24 is conducted.
25 (m) ``Permanent color technology'' means the process by which the
26 skin is marked or colored by insertion of nontoxic dyes or pigments into
27 or under the subcutaneous portion of the skin so as to form indelible
28 marks for cosmetic or figurative purposes.
29 Sec. 108. K.S.A. 65-2008 is hereby amended to read as follows: 65-
30 2008. This act shall not apply to persons licensed by the state board of
31 ~~healing arts~~ medical professions to practice medicine and surgery, nor to
32 the surgeons of the United States army, navy, and United States public
33 health service when in actual performance of their official duties.
34 Sec. 109. K.S.A. 65-28,100 is hereby amended to read as follows: 65-
35 28,100. (a) There is hereby created a designation of visiting professor
36 temporary license which may be issued by the board of medical profes-
37 sions to a person who holds a degree from an accredited school of med-
38 icine or an accredited school of osteopathy; is licensed to practice medi-
39 cine and surgery in another state, territory, the District of Columbia or
40 another country; and is employed by the university of Kansas school of
41 medicine or by a licensed medical care facility which is engaged in the
42 education of medical students, nurses, physicians' assistants or other par-
43 amedical personnel, is offering an approved postgraduate program or is

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1 engaged in the continuing education of its medical personnel. The chief
2 administrative officer of the university of Kansas school of medicine or
3 of the licensed medical care facility shall apply to the board of medical
4 professions on behalf of the visiting professor a visiting professor tem-
5 porary license. The application for a visiting professor temporary license
6 shall be submitted by the chief administrative officer upon forms ap-
7 proved by the board. Such application shall state that the visiting professor
8 is licensed to practice medicine and surgery in another state, territory,
9 the District of Columbia or another country, that the professor is known
10 to be professionally qualified and that no fee will be charged for services
11 of the visiting professor. The visiting professor temporary license shall
12 confer upon the holder the right and privilege to practice medicine and
13 surgery and shall obligate the holder to comply with all requirements of
14 such license. The visiting professor temporary license shall be valid only
15 during the period in which the holder is employed by the university of
16 Kansas school of medicine or by a licensed medical care facility described
17 above, and such license shall be valid only for the practice of medicine
18 and surgery which is required to perform the professorship.
19 (b) This section shall be a part of and supplemental to the Kansas
20 ~~healing arts~~ medical practice act.
21 Sec. 110. K.S.A. 65-28,102 is hereby amended to read as follows: 65-
22 28,102. As used in this act:
23 (a) ``Attending physician'' means the physician selected by, or as-
24 signed to, the patient who has primary responsibility for the treatment
25 and care of the patient.
26 (b) ``Declaration'' means a witnessed document in writing, voluntarily
27 executed by the declarant in accordance with the requirements of K.S.A.
28 65-28,103 and amendments thereto.
29 (c) ``Life-sustaining procedure'' means any medical procedure or in-
30 tervention which, when applied to a qualified patient, would serve only
31 to prolong the dying process and where, in the judgment of the attending
32 physician, death will occur whether or not such procedure or intervention
33 is utilized. ``Life-sustaining procedure'' shall not include the administra-
34 tion of medication or the performance of any medical procedure deemed
35 necessary to provide comfort care or to alleviate pain.
36 (d) ``Physician'' means a person licensed to practice medicine and
37 surgery by the state board of ~~healing arts~~ medical professions.
38 (e) ``Qualified patient'' means a patient who has executed a declara-
39 tion in accordance with this act and who has been diagnosed and certified
40 in writing to be afflicted with a terminal condition by two physicians who
41 have personally examined the patient, one of whom shall be the attending
42 physician.
43 Sec. 111. K.S.A. 65-28,121 is hereby amended to read as follows: 65-

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1 28,121. (a) Subject to the provisions of subsection (c) of K.S.A. 65-4923
2 and amendments thereto, a medical care facility licensed under K.S.A.
3 65-425 et seq. and amendments thereto shall, and any person may, report
4 under oath to the state board of   ~~healing arts~~ medical professions any
5 information such facility or person has which appears to show that a per-
6 son licensed to practice the   ~~healing arts~~ medical professions has commit-
7 ted an act which may be a ground for disciplinary action pursuant to
8   ~~K.S.A. 65-2836~~ section 15 and amendments thereto.
9 (b) A medical care facility shall inform the state board of   ~~healing arts~~
10 medical professions whenever the practice privileges of any person li-
11 censed to practice the   ~~healing arts~~ medical professions are terminated,
12 suspended or restricted or whenever such privileges are voluntarily sur-
13 rendered or limited for reasons relating to such person's professional
14 competence.
15 (c) Any medical care facility which fails to report within 30 days after
16 the receipt of information required to be reported by this section shall
17 be reported by the state board of   ~~healing arts~~ medical professions to the
18 secretary of health and environment and shall be subject, after proper
19 notice and an opportunity to be heard, to a civil fine assessed by the
20 secretary of health and environment in an amount not exceeding $1,000
21 per day for each day thereafter that the incident is not reported. All fines
22 assessed and collected under this section shall be remitted promptly to
23 the state treasurer. Upon receipt thereof, the state treasurer shall deposit
24 the entire amount in the state treasury and credit it to the state general
25 fund.
26 Sec. 112. K.S.A. 65-28,122 is hereby amended to read as follows: 65-
27 28,122. (a) Subject to the provisions of subsection (c) of K.S.A. 65-4923,
28 any person licensed to practice the healing arts who possesses knowledge
29 not subject to the physician-patient privilege that another person so li-
30 censed has committed any act enumerated under K.S.A. 65-2836 and
31 amendments thereto which may be a ground for disciplinary action pur-
32 suant to K.S.A. 65-2836 and amendments thereto shall immediately re-
33 port such knowledge, under oath, to the state board of healing arts or
34 state board of medical professions. A person licensed to practice the heal-
35 ing arts who possesses such knowledge shall reveal fully such knowledge
36 upon official request of the state board of healing arts.
37 (b) This section shall be part of and supplemental to the Kansas heal-
38 ing arts act and the Kansas medical practice act.
39 Sec. 113. K.S.A. 65-28,123 is hereby amended to read as follows: 65-
40 28,123. (a) There is hereby created a designation of temporary education
41 license. This license may be issued by the board to any person who: (1)
42 Holds a degree from an accredited school of medicine or an accredited
43 school of osteopathy; (2) is licensed to practice medicine and surgery in

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1 another state, territory, the District of Columbia or another country; and
2 (3) is enrolled in a continuing medical education program conducted by
3 the University of Kansas school of medicine or other continuing medical
4 education program offered by a medical care facility affiliated with the
5 university of Kansas school of medicine or offered by a medical care
6 facility which is an accredited osteopathic hospital.
7 (b) The chief administrative officer of the university of Kansas school
8 of medicine or of the medical care facility shall apply to the state board
9 of   ~~healing arts~~ medical professions on behalf of the person seeking a tem-
10 porary education license upon forms approved by the board.
11 (c) The temporary education license shall confer upon the holder the
12 right and privilege to practice medicine and surgery and shall obligate the
13 holder to comply with all requirements of such license but no fee may be
14 charged for the services of the holder. A person who holds a temporary
15 education license under this section shall be subject to the provisions of
16 the health care provider insurance availability act.
17 (d) The temporary education license shall be valid only during the
18 period in which the holder is enrolled in a continuing medical education
19 program offered by the university of Kansas school of medicine or other
20 continuing medical education program offered by a medical care facility
21 affiliated with the university of Kansas school of medicine or offered by
22 a medical care facility which is an accredited osteopathic hospital, and
23 such license shall be valid only for the practice of medicine and surgery
24 required to fulfill the requirements of the continuing medical education
25 program.
26 (e) The fee for a temporary education license shall be $25.
27 (f) This section shall be part of and supplemental to the Kansas   ~~heal-~~
28 ~~ing arts~~ medical practice act.
29 Sec. 114. K.S.A. 65-28,124 is hereby amended to read as follows: 65-
30 28,124. (a) There is hereby created a designation of visiting clinical pro-
31 fessor license which may be issued by the board to a person who is qual-
32 ified for a license for the practice of medicine and surgery on an active
33 basis under the Kansas   ~~healing arts~~ medical practice act. The application
34 for a visiting clinical professor license shall be made to the board upon
35 forms approved by the board and shall be accompanied with a statement
36 from the chief administrative officer of the university of Kansas school of
37 medicine at the university of Kansas medical center stating that the per-
38 son is under contract with the university of Kansas medical center or one
39 of the affiliated private practice foundations of the university of Kansas
40 medical center to provide patient care and clinical teaching at the uni-
41 versity of Kansas medical center or at one of the affiliated private practice
42 foundations at the university of Kansas medical center and that the in-
43 formation on the application has been verified to be correct. Application

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1 for a visiting clinical professor license and for any renewal or reinstate-
2 ment thereof shall be also accompanied by proof that the person has the
3 professional liability insurance that would be required if the person were
4 defined as a health care provider by subsection (f) of K.S.A. 40-3401 and
5 amendments thereto in an amount of not less than the basic coverage
6 specified under subsection (a) of K.S.A. 40-3402 and amendments thereto
7 plus an amount of not less than the amount specified under OPTION 3
8 of subsection (l) of K.S.A. 40-3403 and amendments thereto, and by an
9 affidavit that the person will maintain this professional liability insurance
10 during the time that the visiting clinical professor license is valid. A visiting
11 clinical professor license shall be valid only for the practice of medicine
12 and surgery at the university of Kansas medical center or at one of the
13 affiliated private practice foundations at the university of Kansas medical
14 center. Physicians who are defined as full time physician faculty employed
15 by the university of Kansas medical center under subsection (s) of K.S.A.
16 40-3401 and amendments thereto are not eligible for a visiting clinical
17 professor license.
18 (b) The provisions of subsections (a), (d) and (e) of   ~~K.S.A. 65-2809~~
19 section 10 and amendments thereto relating to expiration and renewal of
20 a license and the provisions of subsection (b) of   ~~K.S.A. 65-2809~~ section
21 10 and amendments thereto relating to continuing education require-
22 ments shall be applicable to a visiting clinical professor license issued
23 under this section.
24 (c) This section shall be a part of and supplemental to the Kansas
25   ~~healing arts~~ medical practice act.
26 Sec. 115. K.S.A. 1997 Supp. 65-28,125 is hereby amended to read as
27 follows: 65-28,125. (a) There is hereby created a designation of limited
28 permit to practice a branch of the healing arts or medicine and surgery
29 which may be issued by the board to a person who holds a degree from
30 a healing arts or medical professions school; is duly licensed and in good
31 standing to practice the same branch of the healing arts or medicine and
32 surgery in another state, territory, or the District of Columbia; has made
33 proper application upon forms provided by the appropriate board; has
34 paid the prescribed fee established under K.S.A. 65-2852 and section 29
35 and amendments thereto; has not previously been licensed in this state;
36 and will provide professional services in this state only as a charitable
37 health care provider as defined under K.S.A. 75-6102 and amendments
38 thereto.
39 (b) The limited permit issued under subsection (a), when issued, shall
40 authorize the person receiving the permit to practice the appropriate
41 branch of the healing arts or medicine and surgery as a charitable health
42 care provider but shall not authorize the person receiving the permit to
43 otherwise engage in the practice of the healing arts or medicine and sur-

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1 gery in this state.
2 (c) The provisions of subsections (a), (d) and (e) of K.S.A. 65-2809
3 and amendments thereto relating to expiration, renewal and reinstate-
4 ment of a license shall be applicable to a limited permit issued under this
5 section.
6 (d) This section shall be a part of and supplemental to the Kansas
7 healing arts act and Kansas medical practice act.
8 Sec. 116. K.S.A. 1997 Supp. 65-28,126 is hereby amended to read as
9 follows: 65-28,126. (a) It shall be the duty of each licensee to notify the
10 state board of healing arts or state board of medical professions in writing
11 within 30 days of any changes in licensee's mailing address.
12 (b) A penalty in the amount not to exceed $100 for the first violation
13 of subsection (a) and $150 for each subsequent violation of subsection (a)
14 may be assessed by the state board of healing arts or state board of medical
15 professions under the provisions of K.S.A. 65-2863a and amendments
16 thereto.
17 (c) This section shall be part of and supplemental to the Kansas heal-
18 ing arts act.
19 Sec. 117. K.S.A. 65-2903 is hereby amended to read as follows: 65-
20 2903. There is hereby created a state examining committee for physical
21 therapy to assist the state board of   ~~healing arts~~ medical professions in
22 carrying out the provisions of this law, regarding the qualifications and
23 examination of physical therapists and physical therapist assistants. The
24 examining committee shall consist of five members, citizens and residents
25 of the state of Kansas, three of whom shall be physical therapists, one of
26 whom shall be a physician licensed by the board to practice medicine and
27 surgery and one of whom shall be a member of such board.
28 Sec. 118. K.S.A. 65-2904 is hereby amended to read as follows: 65-
29 2904. The state examining committee shall be appointed as follows: The
30 state board of   ~~healing arts~~ medical professions shall appoint one physician
31 licensed to practice medicine and surgery and one member of the state
32 board of   ~~healing arts~~ medical professions, and the governor shall appoint
33 three physical therapists who are duly registered physical therapists who
34 have at least three years' experience in physical therapy immediately pre-
35 ceding the appointment and are actively engaged, in this state, in physical
36 therapy. The foregoing appointees shall constitute the state examining
37 committee for physical therapy. Except as otherwise provided in this sec-
38 tion, the members appointed in accordance with this section shall be
39 appointed for terms of four years and shall serve until their successors
40 are appointed and qualify.   ~~Of the first three physical therapist members~~
41 ~~appointed by the governor on or after July 1, 1983, one shall be appointed~~
42 ~~for a term of two years, one shall be appointed for a term of three years~~
43 ~~and one shall be appointed for a term of four years, and these members~~

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1 ~~shall serve until a successor is appointed and qualified. Thereafter,~~ Phys-
2 ical therapist members currently appointed by the governor shall   ~~be ap-~~
3 ~~pointed for~~ complete the terms of four years for which they were ap-
4 pointed and shall serve until their successors are appointed and qualified.
5 Each member of the committee shall take an oath as required by law for
6 state officers. No physical therapist member appointed by the governor
7   ~~on or after July 1, 1983,~~ shall be appointed for more than two successive
8 four-year terms commencing on or after that date.
9 Sec. 119. K.S.A. 65-2905 is hereby amended to read as follows: 65-
10 2905. (a) The state examining committee for physical therapy provided
11 for in this act shall elect from their members a president and a vice-
12 president, who shall serve for one year or until their successors are elected
13 and qualified. The executive director of the state board of   ~~healing arts~~
14 medical professions shall act as secretary of the examining committee.
15 (b) The state examining committee shall serve in an advisory capacity
16 to the state board of   ~~healing arts~~ medical professions in matters pertaining
17 to physical therapy. The state board of   ~~healing arts~~ medical professions
18 may adopt reasonable rules and regulations relative to the qualification
19 and examination of applicants as may be found necessary for the per-
20 formance of its duties. As to any matters coming under its jurisdiction,
21 the state examining committee while in session may take testimony and
22 any member may administer oaths in the taking of such testimony.
23 (c) A simple majority of the committee shall constitute a quorum for
24 the transaction of business. The secretary shall keep a record of all pro-
25 cedures of the committee.
26 (d) The examining committee shall meet at a city designated by the
27 examining committee and the board, and under the direction of the state
28 board of   ~~healing arts~~ medical professions, there conduct the examination
29 for the registration of physical therapists and certification of physical ther-
30 apist assistants, at least once each year, and may hold other meetings and
31 examinations at such times and places as the examining committee and
32 board may determine.
33 (e) The board may appoint and fix the compensation of such em-
34 ployees as may be necessary to assist the examining committee, and the
35 board shall have the power to employ such expert assistance as it may
36 deem necessary to carry out the purposes of this act. Members of the
37 state examining committee for physical therapy attending meetings of
38 such committee, or attending a subcommittee meeting thereof authorized
39 by such committee, shall be paid compensation, subsistence allowances,
40 mileage and other expenses as provided in K.S.A. 75-3223 and amend-
41 ments thereto.
42 Sec. 120. K.S.A. 1997 Supp. 65-2906 is hereby amended to read as
43 follows: 65-2906. (a) It shall be the duty of the state board of   ~~healing arts~~

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1 medical professions, with the advice and assistance of the state examining
2 committee, to pass upon the qualifications of all applicants for examina-
3 tion and registration or certification, provide for and conduct all exami-
4 nations, determine the applicants who successfully pass the examination,
5 duly register or certify such persons and adopt rules and regulations for
6 professional conduct of the registered or certified persons.
7 (b) An applicant applying for registration as a physical therapist or for
8 a certificate as a physical therapist assistant shall file a written application
9 on forms provided by the state board of ~~healing arts~~ medical professions,
10 showing to the satisfaction of the board that the applicant meets the
11 following requirements:
12 (1) The applicant is of legal age;
13 (2) the applicant has successfully completed the academic require-
14 ments of an educational program in physical therapy approved by the
15 board which is appropriate for the certification or registration of the ap-
16 plicant;
17 (3) the applicant has passed an examination required by the board
18 which is appropriate for the certification or registration of the applicant
19 to test the applicant's knowledge of the basic and clinical sciences relating
20 to physical therapy theory and practice; and
21 (4) the applicant has paid to the board all applicable fees established
22 under K.S.A. 65-2911 and amendments thereto.
23 (c) The board shall adopt rules and regulations establishing the cri-
24 teria which a school shall satisfy in order to be approved by the board for
25 purposes of subsection (b). The board may send a questionnaire devel-
26 oped by the board to any school for which the board does not have suf-
27 ficient information to determine whether the school meets the require-
28 ments of the board for approval and rules and regulations adopted under
29 this section. The questionnaire providing the necessary information shall
30 be completed and returned to the board in order for the school to be
31 considered for approval. The board may contract with investigative agen-
32 cies, commissions or consultants to assist the board in obtaining infor-
33 mation about schools. In entering such contracts the authority to approve
34 schools shall remain solely with the board.
35 (d) All registrations or certificates issued prior to July 1, 1994, which
36 are in effect on the effective date of this act shall be and continue in full
37 force and effect and be eligible for renewal and reinstatement under
38 K.S.A. 65-2910 and amendments thereto.
39 Sec. 121. K.S.A. 65-2907 is hereby amended to read as follows: 65-
40 2907. An applicant may be registered as a physical therapist or certified
41 as a physical therapist assistant without a certificate of proficiency in the
42 basic sciences from the state board of ~~healing arts~~ medical professions if
43 the applicant fulfills the provisions of this act.

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1 Sec. 122. K.S.A. 65-2909 is hereby amended to read as follows: 65-
2 2909. (a) The board may issue a certificate of registration in physical
3 therapy without examination therein to an applicant who presents evi-
4 dence satisfactory to the board of having passed the examination in phys-
5 ical therapy of the American registry of physical therapists, or an exami-
6 nation before a similar, lawfully authorized examining board in physical
7 therapy of another state, District of Columbia, territory or foreign coun-
8 try, if the standards for registration in physical therapy in such other state,
9 district, territory or foreign country are determined by the board to be as
10 high as those of this state. At the time of making such application, the
11 applicant shall pay to the board a fee as prescribed, no part of which shall
12 be returned.
13 (b) The board may issue a certificate as a physical therapist assistant
14 without examination therein to an applicant who presents evidence sat-
15 isfactory to the board of having passed an examination as a physical ther-
16 apist assistant as approved by the state board of   ~~healing arts~~ medical pro-
17 fessions or an examination before a similar, lawfully authorized examining
18 board in physical therapy of another state, District of Columbia, territory
19 or foreign country, if the standards for certification in physical therapy in
20 such other state, District of Columbia, territory or foreign country are
21 determined by the board to be as high as those of this state. At the time
22 of making such application, the applicant shall pay to the board a fee as
23 prescribed, no part of which shall be returned.
24 Sec. 123. K.S.A. 65-2910 is hereby amended to read as follows: 65-
25 2910. (a) The registration of every registered physical therapist and the
26 certification of every certified physical therapist assistant shall expire on
27 the date established by rules and regulations of the state board of   ~~healing~~
28 ~~arts~~ medical professions which may provide renewal throughout the year
29 on a continuing basis. In each case in which a registration or certificate
30 is renewed for a period of time of less than one year, the board may
31 prorate the amount of the fee established under K.S.A. 65-2911 and
32 amendments thereto. The request for renewal shall be on a form provided
33 by the board and shall be accompanied by the renewal fee established
34 under to K.S.A. 65-2911 and amendments thereto which shall be paid
35 not later than the expiration date of the registration or certificate.
36 (b) The state board of   ~~healing arts~~ medical professions shall require
37 every registered physical therapist or certified physical therapist assistant
38 as a condition of renewal to submit with the application for a renewal
39 evidence of satisfactory completion of a program of continuing education
40 required by the board. The board shall establish the requirements for
41 each such program of continuing education by rules and regulations. In
42 establishing such requirements the board shall consider any existing pro-
43 grams of continuing education currently being offered to registered phys-

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1 ical therapists or certified physical therapist assistants.
2 (c) The state board of   ~~healing arts~~ medical professions prior to re-
3 newal of the registration of a physical therapist, shall require the regis-
4 trant, if in the active practice of physical therapy within Kansas, to submit
5 to the board evidence satisfactory to the board that the registrant is main-
6 taining a policy of professional liability insurance as required by K.S.A.
7 40-3402 and amendments thereto and has paid the annual premium sur-
8 charge as required by K.S.A. 40-3404 and amendments thereto.
9 (d) At least 30 days before the expiration of the registration of a phys-
10 ical therapist or the certificate of a physical therapist assistant, the state
11 board of   ~~healing arts~~ medical professions shall notify the registrant or
12 certificate holder of the expiration by mail addressed to the registrant's
13 last mailing address as noted upon the office records. If the registrant or
14 certificate holder fails to pay the renewal fee by the date of expiration,
15 the registrant or certificate holder shall be given a second notice that the
16 registration or certificate has expired and the registration or certificate
17 may be renewed only if the renewal fee and the late renewal fee are
18 received by the board within the thirty-day period following the date of
19 expiration and that, if both fees are not received within the thirty-day
20 period, the registration or certificate shall be considered to have lapsed
21 for failure to renew and shall be reissued only after the physical therapist
22 or physical therapist assistant has been reinstated under subsection (e).
23 (e) Any registrant or certificate holder who allows the registration or
24 certificate to lapse by failing to renew may be reinstated upon recom-
25 mendation of the state board of   ~~healing arts~~ medical professions and upon
26 payment of the renewal fee and the reinstatement fee and upon submit-
27 ting evidence of satisfactory completion of any applicable reeducation and
28 continuing education requirements established by the board. The board
29 shall adopt rules and regulations establishing appropriate reeducation and
30 continuing education requirements for reinstatement of persons whose
31 registrations or certificates have lapsed for failure to renew.
32 Sec. 124. K.S.A. 65-2911 is hereby amended to read as follows: 65-
33 2911. (a) The state board of   ~~healing arts~~ medical professions may adopt
34 such rules and regulations as necessary to carry out the purposes of this
35 act. The executive director of the board shall keep a record of all pro-
36 ceedings under this act and a roster of all persons registered or certified
37 under the act. The roster shall show the name, address, date and number
38 of the original certificate of registration or certificate, and the renewal
39 thereof.
40 (b) The state board of   ~~healing arts~~ medical professions shall remit all
41 moneys received by or for it from fees, charges or penalties to the state
42 treasurer at least monthly. Upon receipt of any such remittance the state
43 treasurer shall deposit the entire amount thereof in the state treasury.

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1 Twenty percent of such amount shall be credited to the state general
2 fund and the balance shall be credited to the   ~~healing arts~~ medical pro-
3 fessions' fee fund. All expenditures from such fund shall be made in ac-
4 cordance with appropriation acts upon warrants of the director of ac-
5 counts and reports issued pursuant to vouchers approved by the president
6 of the board or by a person or persons designated by the president of the
7 board.
8 Sec. 125. K.S.A. 65-2918 is hereby amended to read as follows: 65-
9 2918. Physical therapists practicing their profession, when registered and
10 practicing under and in accordance with the provisions of article 29 of
11 chapter 65 of the Kansas Statutes Annotated, and acts amendatory of the
12 provisions thereof or supplemental thereto, shall not be construed to be
13 practicing   ~~(tri-stars)e healing arts~~ medicine and surgery or be subject to the
14   ~~healing arts~~ medical practice act.
15 Sec. 126. K.S.A. 65-2919 is hereby amended to read as follows: 65-
16 2919. Any person holding a valid certificate as a physical therapy assistant
17 immediately prior to the effective date of this act which has been issued
18 by the state board of   ~~healing arts~~ medical professions shall be deemed to
19 be a certified physical therapist assistant for the purposes of this act and
20 article 29 of chapter 65 of the Kansas Statutes Annotated and acts amen-
21 datory of the provisions thereof and supplemental thereto and shall be
22 subject to the provisions of this act and the provisions of such article and
23 chapter of the Kansas Statutes Annotated.
24 Sec. 127. K.S.A. 1997 Supp. 65-4003 is hereby amended to read as
25 follows: 65-4003. For the purposes of this act:
26 (1) ``Alcoholic'' means an individual who habitually lacks self-control
27 as to the use of alcoholic beverages or uses alcoholic beverages to the
28 extent that the individual's health is substantially impaired or endangered
29 or the individual's social or economic function is substantially disrupted;
30 (2) ``private treatment facility'' means a private agency providing fa-
31 cilities for the care or lodging of alcoholics meeting the standards pre-
32 scribed in K.S.A. 65-4013 and amendments thereto, and licensed under
33 K.S.A. 65-4014 and amendments thereto, for the treatment of alcoholics
34 or intoxicated individuals or individuals incapacitated by alcohol;
35 (3) ``public treatment facility'' means a treatment facility owned and
36 operated by any political subdivision of the state of Kansas and licensed
37 by the secretary under K.S.A. 65-4014 and amendments thereto, as an
38 appropriate place for the care and treatment of alcoholic or intoxicated
39 individuals or individuals incapacitated by alcohol;
40 (4) ``treatment facility'' means a public or private treatment facility,
41 but such term shall not include a licensed medical care facility, a licensed
42 adult care home, a facility licensed under K.S.A. 75-3307b and amend-
43 ments thereto, a community-based alcohol and drug safety action pro-

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1 gram certified under K.S.A. 8-1008 and amendments thereto and per-
2 forming only those functions for which the program is certified to perform
3 under K.S.A. 8-1008 and amendments thereto or a psychologist or phy-
4 sician who treats in the usual course of the psychologist's or physician's
5 professional practice alcoholics or intoxicated individuals or individuals
6 incapacitated by alcohol and are not exclusively engaged in the usual
7 course of the individual's professional practice in treating such individuals
8 or a state institution even if detoxification services may have been ob-
9 tained at a state institution;
10 (5) ``committee'' means the Kansas citizens' committee on alcohol
11 and other drug abuse;
12 (6) ``department'' means the department of social and rehabilitation
13 services;
14 (7) ``emergency service patrol'' means a patrol established under
15 K.S.A. 65-4056 and amendments thereto;
16 (8) ``incapacitated by alcohol'' means that an individual, as the result
17 of the use of alcohol, is unconscious or has impaired judgment so that (a)
18 such individual is incapable of realizing and making a rational decision
19 with respect to such individual's need for treatment; or (b) such individual
20 lacks sufficient understanding or capacity to make or communicate re-
21 sponsible decisions concerning either such individual's well-being or es-
22 tate;
23 (9) ``disabled individual'' means an individual who has been adjudi-
24 cated disabled pursuant to K.S.A. 59-3002 et seq., and amendments
25 thereto;
26 (10) ``intoxicated individual'' means an individual whose mental or
27 physical functioning is substantially impaired as a result of the use of
28 alcohol;
29 (11) ``treatment'' means the broad range of emergency, outpatient,
30 intermediate and inpatient services and care, including diagnostic evalu-
31 ation, medical, psychiatric, psychological, and social service care, voca-
32 tional rehabilitation and career counseling, which may be extended to
33 alcoholics and intoxicated individuals;
34 (12) ``patient'' means an individual who is a voluntary patient, a pro-
35 posed patient or an involuntary patient;
36 (13) ``voluntary patient'' means an individual who is voluntarily re-
37 ceiving care or treatment at a treatment facility other than by order of
38 any court;
39 (14) ``proposed patient'' means an individual for whom an application
40 pursuant to K.S.A. 65-4032 and amendments thereto has been filed;
41 (15) ``involuntary patient'' means an alcoholic or an individual inca-
42 pacitated by alcohol who is receiving care or treatment under an order
43 of a district court;

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1 (16) ``other facilities for care or treatment'' means any mental health
2 clinic, medical care facility, nursing home, physician or any other insti-
3 tution or individual authorized or licensed by law to give care or treatment
4 to any patient;
5 (17) ``physician'' means an individual licensed to practice medicine
6 and surgery as provided by the Kansas ~~healing arts~~ medical practice act;
7 (18) ``head of the treatment facility'' means the administrative direc-
8 tor of a treatment facility;
9 (19) ``care or treatment'' means such necessary services as are in the
10 best interests of the physical and mental health of the patient;
11 (20) ``discharge'' means the final and complete release from care or
12 treatment, by either an order of a district court pursuant to K.S.A. 65-
13 4042 and amendments thereto or a treatment facility;
14 (21) the various terms defined in K.S.A. 59-3002 and amendments
15 thereto for obtaining a guardian or conservator, or both, mean the same
16 herein as they do in that act;
17 (22) ``law enforcement officer'' means any individual who by virtue
18 of office or public employment is vested by law with a duty to maintain
19 public order or to make arrests for crimes, whether that duty extends to
20 all crimes or is limited to specific crimes;
21 (23) ``person'' means any individual, firm, partnership, corporation,
22 company, association, or joint stock association, and the legal successor
23 thereof;
24 (24) ``governmental unit'' means any county, municipality or other
25 political subdivision of the state; or any department, division, board or
26 other agency of any of the foregoing;
27 (25) ``secretary'' means the secretary of social and rehabilitation serv-
28 ices;
29 (26) ``state institution'' means Larned state hospital and Osawatomie
30 state hospital to the extent that either facility offers alcoholism treatment
31 detoxification programs;
32 (27) ``psychologist'' means an individual authorized to practice psy-
33 chology as provided by the licensure of psychologists act of the state of
34 Kansas;
35 (28) ``designated state funded assessment center'' or ``assessment
36 center'' means a treatment facility designated by the secretary; and
37 (29) ``counselor'' means a state certified alcohol and drug abuse coun-
38 selor.
39 Sec. 128. K.S.A. 65-4116 is hereby amended to read as follows: 65-
40 4116. (a) Every person who manufactures, distributes or dispenses any
41 controlled substance within this state or who proposes to engage in the
42 manufacture, distribution or dispensing of any controlled substance
43 within this state shall obtain annually a registration issued by the board

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1 in accordance with the uniform controlled substances act and with rules
2 and regulations adopted by the board.
3 (b) Persons registered by the board under this act to manufacture,
4 distribute, dispense or conduct research with controlled substances may
5 possess, manufacture, distribute, dispense or conduct research with those
6 substances to the extent authorized by their registration and in conformity
7 with the other provisions of this act.
8 (c) The following persons need not register and may lawfully possess
9 controlled substances under this act, as specified in this subsection:
10 (1) An agent or employee of any registered manufacturer, distributor
11 or dispenser of any controlled substance if the agent or employee is acting
12 in the usual course of such agent or employee's business or employment;
13 (2) a common or contract carrier or warehouseman or an employee
14 thereof whose possession of any controlled substance is in the usual
15 course of business or employment;
16 (3) an ultimate user or a person in possession of any controlled sub-
17 stance pursuant to a lawful order of a practitioner or in lawful possession
18 of a schedule V substance;
19 (4) persons licensed and registered by the board under the provisions
20 of the acts contained in article 16 of chapter 65 of the Kansas Statutes
21 Annotated, and amendments thereto, to manufacture, dispense or dis-
22 tribute drugs are considered to be in compliance with the registration
23 provision of the uniform controlled substances act without additional pro-
24 ceedings before the board or the payment of additional fees, except that
25 manufacturers and distributors shall complete and file the application
26 form required under the uniform controlled substances act;
27 (5) any   ~~person~~ podiatrist licensed by the state board of healing arts;
28 (6) any person licensed by the state board of medical professions;
29 (7) any person licensed by the state board of veterinary examiners;
30   ~~(7)~~ (8) any person licensed by the Kansas dental board; and
31   ~~(8)~~ (9) any person who is a member of the Native American Church,
32 with respect to use or possession of peyote, whose use or possession of
33 peyote is in, or for use in, bona fide religious ceremonies of the Native
34 American Church, but nothing in this paragraph shall authorize the use
35 or possession of peyote in any place used for the confinement or housing
36 of persons arrested, charged or convicted of criminal offenses or in the
37 state security hospital.
38 (d) The board may waive by rules and regulations the requirement
39 for registration of certain manufacturers, distributors or dispensers if the
40 board finds it consistent with the public health and safety, except that
41 licensure of any person by the state board of healing arts, the state board
42 of medical professions, Kansas dental board or the state board of veteri-
43 nary examiners shall constitute compliance with the registration require-

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1 ments of the uniform controlled substances act by such person for such
2 person's place of professional practice. Evidence of abuse as determined
3 by the board relating to a person licensed by the state board of healing
4 arts or state board of medical professions shall be submitted to the state
5 board of healing arts or state board of medical professions and the attorney
6 general within 60 days. The state board of healing arts or state board of
7 medical professions shall, within 60 days, make findings of fact and take
8 such action against such person as it deems necessary. All findings of fact
9 and any action taken shall be reported by the state board of healing arts
10 or state board of medical professions to the board of pharmacy and the
11 attorney general. Evidence of abuse as determined by the board relating
12 to a person licensed by the state board of veterinary examiners shall be
13 submitted to the state board of veterinary examiners and the attorney
14 general within 60 days. The state board of veterinary examiners shall,
15 within 60 days, make findings of fact and take such action against such
16 person as it deems necessary. All findings of fact and any action taken
17 shall be reported by the state board of veterinary examiners to the board
18 of pharmacy and the attorney general. Evidence of abuse as determined
19 by the board relating to a dentist licensed by the Kansas dental board
20 shall be submitted to the Kansas dental board and the attorney general
21 within 60 days. The Kansas dental board shall, within 60 days, make find-
22 ings of fact and take such action against such dentist as it deems necessary.
23 All findings of fact and any action taken shall be reported by the Kansas
24 dental board to the board of pharmacy and the attorney general.
25 (e) A separate annual registration is required at each place of business
26 or professional practice where the applicant manufactures, distributes or
27 dispenses controlled substances.
28 (f) The board may inspect the establishment of a registrant or appli-
29 cant for registration in accordance with the board's rules and regulations.
30 (g) (1) The registration of any person or location shall terminate
31 when such person or authorized representative of a location dies, ceases
32 legal existence, discontinues business or professional practice or changes
33 the location as shown on the certificate of registration. Any registrant who
34 ceases legal existence, discontinues business or professional practice, or
35 changes location as shown on the certificate of registration, shall notify
36 the board promptly of such fact and forthwith deliver the certificate of
37 registration directly to the secretary or executive secretary of the board.
38 In the event of a change in name or mailing address the person or au-
39 thorized representative of the location shall notify the board promptly in
40 advance of the effective date of this change by filing the change of name
41 or mailing address with the board. This change shall be noted on the
42 original application on file with the board.
43 (2) No registration or any authority conferred thereby shall be as-

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1 signed or otherwise transferred except upon such conditions as the board
2 may specifically designate and then only pursuant to the written consent
3 of the board.
4 Sec. 129. K.S.A. 65-4909 is hereby amended to read as follows: 65-
5 4909. (a) There shall be no liability on the part of and no action for
6 damages shall arise against any: (1) State, regional or local association of
7 health care providers; (2) state, regional or local association of licensed
8 adult care home administrators; (3) organization delegated review func-
9 tions by law, and the individual members of any committee thereof
10 (whether or not such individual members are health care providers or
11 licensed adult care home administrators); or (4) individual or entity acting
12 at the request of any committee, association or organization listed in sub-
13 sections (1) through (3), which in good faith investigates or communicates
14 information regarding the quality, quantity or cost of care being given
15 patients by health care providers or being furnished residents of adult
16 care homes for any act, statement or proceeding undertaken or performed
17 within the scope of the functions and within the course of the perform-
18 ance of the duties of any such association, organization or committee if
19 such association, organization or committee or such individual member
20 thereof acted in good faith and without malice.
21 (b) As used in this section, ``health care provider'' means a person
22 licensed to practice   ~~any branch of~~ medicine and surgery, a person licensed
23 to practice the healing arts,   or a person engaged in a postgraduate training
24 program approved by the state board of healing arts or state board of
25 medical professions, mid-level practitioner as defined under K.S.A. 65-
26 468, and amendments thereto, licensed dentist, licensed professional
27 nurse, licensed practical nurse, licensed optometrist, licensed podiatrist,
28 licensed pharmacist, physical therapist or respiratory therapist.
29 Sec. 130. K.S.A. 1997 Supp. 65-4915 is hereby amended to read as
30 follows: 65-4915. (a) As used in this section:
31 (1) ``Health care provider'' means: (A) Those persons and entities
32 defined as a health care provider under K.S.A. 40-3401 and amendments
33 thereto; and (B) a dentist licensed by the Kansas dental board, a dental
34 hygienist licensed by the Kansas dental board, a professional nurse li-
35 censed by the board of nursing, a practical nurse licensed by the board
36 of nursing, a mental health technician licensed by the board of nursing,
37 a physical therapist assistant certified by the state board of   ~~healing arts~~
38 medical professions, an occupational therapist registered by the state
39 board of   ~~healing arts~~ medical professions, an occupational therapy assis-
40 tant registered by the state board of   ~~healing arts~~ medical professions, a
41 respiratory therapist registered by the state board of   ~~healing arts~~ medical
42 professions, a physician's assistant registered by the state board of   ~~healing~~
43 ~~arts~~ medical professions and attendants and ambulance services certified

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1 by the emergency medical services board.
2 (2) ``Health care provider group'' means:
3 (A) A state or local association of health care providers or one or more
4 committees thereof;
5 (B) the board of governors created under K.S.A. 40-3403 and amend-
6 ments thereto;
7 (C) an organization of health care providers formed pursuant to state
8 or federal law and authorized to evaluate medical and health care services;
9 (D) a review committee operating pursuant to K.S.A. 65-2840b
10 through 65-2840d, and amendments thereto;
11 (E) an organized medical staff of a licensed medical care facility as
12 defined by K.S.A. 65-425 and amendments thereto, an organized medical
13 staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and
14 amendments thereto or an organized medical staff of a state psychiatric
15 hospital or state institution for the mentally retarded, as follows: Larned
16 state hospital, Osawatomie state hospital, Rainbow mental health facility,
17 ~~Topeka state hospital,~~ Kansas neurological institute, Norton state hospital ,
18 and Parsons state hospital and training center ~~and Winfield state hospital~~
19 ~~and training center~~;
20 (F) a health care provider;
21 (G) a professional society of health care providers or one or more
22 committees thereof;
23 (H) a Kansas corporation whose stockholders or members are health
24 care providers or an association of health care providers, which corpora-
25 tion evaluates medical and health care services; or
26 (I) an insurance company, health maintenance organization or ad-
27 ministrator of a health benefits plan which engages in any of the functions
28 defined as peer review under this section.
29 (3) ``Peer review'' means any of the following functions:
30 (A) Evaluate and improve the quality of health care services rendered
31 by health care providers;
32 (B) determine that health services rendered were professionally in-
33 dicated or were performed in compliance with the applicable standard of
34 care;
35 (C) determine that the cost of health care rendered was considered
36 reasonable by the providers of professional health services in this area;
37 (D) evaluate the qualifications, competence and performance of the
38 providers of health care or to act upon matters relating to the discipline
39 of any individual provider of health care;
40 (E) reduce morbidity or mortality;
41 (F) establish and enforce guidelines designed to keep within reason-
42 able bounds the cost of health care;
43 (G) conduct of research;

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1 (H) determine if a hospital's facilities are being properly utilized;
2 (I) supervise, discipline, admit, determine privileges or control mem-
3 bers of a hospital's medical staff;
4 (J) review the professional qualifications or activities of health care
5 providers;
6 (K) evaluate the quantity, quality and timeliness of health care serv-
7 ices rendered to patients in the facility;
8 (L) evaluate, review or improve methods, procedures or treatments
9 being utilized by the medical care facility or by health care providers in
10 a facility rendering health care.
11 (4) ``Peer review officer or committee'' means:
12 (A) An individual employed, designated or appointed by, or a com-
13 mittee of or employed, designated or appointed by, a health care provider
14 group and authorized to perform peer review; or
15 (B) a health care provider monitoring the delivery of health care at
16 correctional institutions under the jurisdiction of the secretary of correc-
17 tions.
18 (b) Except as provided by K.S.A. 60-437 and amendments thereto
19 and by subsections (c) and (d), the reports, statements, memoranda, pro-
20 ceedings, findings and other records submitted to or generated by peer
21 review committees or officers shall be privileged and shall not be subject
22 to discovery, subpoena or other means of legal compulsion for their re-
23 lease to any person or entity or be admissible in evidence in any judicial
24 or administrative proceeding. Information contained in such records shall
25 not be discoverable or admissible at trial in the form of testimony by an
26 individual who participated in the peer review process. The peer review
27 officer or committee creating or initially receiving the record is the holder
28 of the privilege established by this section. This privilege may be claimed
29 by the legal entity creating the peer review committee or officer, or by
30 the commissioner of insurance for any records or proceedings of the
31 board of governors.
32 (c) Subsection (b) shall not apply to proceedings in which a health
33 care provider contests the revocation, denial, restriction or termination
34 of staff privileges or the license, registration, certification or other au-
35 thorization to practice of the health care provider. A licensing agency in
36 conducting a disciplinary proceeding in which admission of any peer re-
37 view committee report, record or testimony is proposed shall hold the
38 hearing in closed session when any such report, record or testimony is
39 disclosed. Unless otherwise provided by law, a licensing agency conduct-
40 ing a disciplinary proceeding may close only that portion of the hearing
41 in which disclosure of a report or record privileged under this section is
42 proposed. In closing a portion of a hearing as provided by this section,
43 the presiding officer may exclude any person from the hearing location

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1 except the licensee, the licensee's attorney, the agency's attorney, the
2 witness, the court reporter and appropriate staff support for either coun-
3 sel. The licensing agency shall make the portions of the agency record in
4 which such report or record is disclosed subject to a protective order
5 prohibiting further disclosure of such report or record. Such report or
6 record shall not be subject to discovery, subpoena or other means of legal
7 compulsion for their release to any person or entity. No person in at-
8 tendance at a closed portion of a disciplinary proceeding shall at a sub-
9 sequent civil, criminal or administrative hearing, be required to testify
10 regarding the existence or content of a report or record privileged under
11 this section which was disclosed in a closed portion of a hearing, nor shall
12 such testimony be admitted into evidence in any subsequent civil, crim-
13 inal or administrative hearing. A licensing agency conducting a discipli-
14 nary proceeding may review peer review committee records, testimony
15 or reports but must prove its findings with independently obtained tes-
16 timony or records which shall be presented as part of the disciplinary
17 proceeding in open meeting of the licensing agency. Offering such tes-
18 timony or records in an open public hearing shall not be deemed a waiver
19 of the peer review privilege relating to any peer review committee testi-
20 mony, records or report.
21 (d) Nothing in this section shall limit the authority, which may oth-
22 erwise be provided by law, of the commissioner of insurance, the state
23 board of healing arts, the state board of medical professions or other
24 health care provider licensing or disciplinary boards of this state to require
25 a peer review committee or officer to report to it any disciplinary action
26 or recommendation of such committee or officer; to transfer to it records
27 of such committee's or officer's proceedings or actions to restrict or re-
28 voke the license, registration, certification or other authorization to prac-
29 tice of a health care provider; or to terminate the liability of the fund for
30 all claims against a specific health care provider for damages for death or
31 personal injury pursuant to subsection (i) of K.S.A. 40-3403 and amend-
32 ments thereto. Reports and records so furnished shall not be subject to
33 discovery, subpoena or other means of legal compulsion for their release
34 to any person or entity and shall not be admissible in evidence in any
35 judicial or administrative proceeding other than a disciplinary proceeding
36 by the state board of healing arts, the state board of medical professions
37 or other health care provider licensing or disciplinary boards of this state.
38 (e) A peer review committee or officer may report to and discuss its
39 activities, information and findings to other peer review committees or
40 officers or to a board of directors or an administrative officer of a health
41 care provider without waiver of the privilege provided by subsection (b)
42 and the records of all such committees or officers relating to such report
43 shall be privileged as provided by subsection (b).

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1 (f) Nothing in this section shall be construed to prevent an insured
2 from obtaining information pertaining to payment of benefits under a
3 contract with an insurance company, a health maintenance organization
4 or an administrator of a health benefits plan.
5 Sec. 131. K.S.A. 65-4921 is hereby amended to read as follows: 65-
6 4921. As used in K.S.A. 65-4921 through 65-4930, and amendments
7 thereto:
8 (a) ``Appropriate licensing agency'' means the agency that issued the
9 license to the individual or health care provider who is the subject of a
10 report under this act.
11 (b) ``Department'' means the department of health and environment.
12 (c) ``Health care provider'' means: (1) Those persons and entities de-
13 fined as a health care provider under K.S.A. 40-3401 and amendments
14 thereto; and (2) a dentist licensed by the Kansas dental board, a dental
15 hygienist licensed by the Kansas dental board, a professional nurse li-
16 censed by the board of nursing, a practical nurse licensed by the board
17 of nursing, a mental health technician licensed by the board of nursing,
18 a physical therapist assistant certified by the state board of   ~~healing arts~~
19 medical professions, an occupational therapist registered by the state
20 board of   ~~healing arts~~ medical professions, an occupational therapy assis-
21 tant registered by the state board of   ~~healing arts~~ medical professions and
22 a respiratory therapist registered by the state board of   ~~healing arts~~ medical
23 professions.
24 (d) ``License,'' ``licensee'' and ``licensing'' include comparable terms
25 which relate to regulation similar to licensure, such as registration.
26 (e) ``Medical care facility'' means: (1) A medical care facility licensed
27 under K.S.A. 65-425 et seq. and amendments thereto; (2) a private psy-
28 chiatric hospital licensed under K.S.A. 75-3307b and amendments
29 thereto; and (3) state psychiatric hospitals and state institutions for the
30 mentally retarded, as follows: Larned state hospital, Osawatomie state
31 hospital, Rainbow mental health facility,   ~~Topeka state hospital,~~ Kansas
32 neurological institute, Norton state hospital, and Parsons state hospital
33 and training center   ~~and Winfield state hospital and training center~~.
34 (f) ``Reportable incident'' means an act by a health care provider
35 which: (1) Is or may be below the applicable standard of care and has a
36 reasonable probability of causing injury to a patient; or (2) may be grounds
37 for disciplinary action by the appropriate licensing agency.
38 (g) ``Risk manager'' means the individual designated by a medical care
39 facility to administer its internal risk management program and to receive
40 reports of reportable incidents within the facility.
41 (h) ``Secretary'' means the secretary of health and environment.
42 Sec. 132. K.S.A. 1997 Supp. 65-4941 is hereby amended to read as
43 follows: 65-4941. As used in this act:

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1 (a) ``Cardiopulmonary resuscitation'' means chest compressions, as-
2 sisted ventilations, intubation, defibrillation, administration of cardiotonic
3 medications or other medical procedure which is intended to restart
4 breathing or heart functioning;
5 (b) ``do not resuscitate'' directive or ``DNR directive'' means a wit-
6 nessed document in writing, voluntarily executed by the declarant in ac-
7 cordance with the requirements of this act;
8 (c) ``do not resuscitate order'' or ``DNR order'' means instruction by
9 the physician who is responsible for the care of the patient while admitted
10 to a medical care facility licensed pursuant to K.S.A. 65-429, and amend-
11 ments thereto, or an adult care home licensed pursuant to K.S.A. 39-928,
12 and amendments thereto;
13 (d) ``health care provider'' means a health care provider as that term
14 is defined by K.S.A. 65-4915, and amendments thereto;
15 (e) ``DNR identifier'' means a medallion or bracelet designed to be
16 worn by a patient which has been inscribed to identify the patient and
17 contains the letters ``DNR'' or the statement ``do not resuscitate'' when
18 such DNR identifier is distributed by an entity certified by the emergency
19 medical services board;
20 (f) ``physician'' means a person licensed to practice medicine and sur-
21 gery by the state board of ~~healing arts~~ medical professions; and
22 (g) ``declarant'' means any person who has executed a ``do not resus-
23 citate'' directive in accordance with the provisions of this act.
24 Sec. 133. K.S.A. 1997 Supp. 65-5201 is hereby amended to read as
25 follows: 65-5201. For the purposes of this act:
26 (a) ``Approved private treatment facility'' means a private agency pro-
27 viding facilities for the care or lodging of drug abusers meeting the stan-
28 dards prescribed in K.S.A. 65-4603 and 65-4607 and amendments thereto
29 for the treatment of drug abusers or persons incapacitated by drugs;
30 (b) ``approved public treatment facility'' means a treatment facility
31 owned and operated by any political subdivision of the state of Kansas
32 and approved by the secretary, pursuant to K.S.A. 65-4603 and 65-4607
33 and amendments thereto;
34 (c) ``treatment facility'' means an approved public or private treat-
35 ment facility, but such term shall not include a licensed medical care
36 facility, a licensed adult care home or a facility licensed under the pro-
37 visions of K.S.A. 75-3307b and amendments thereto, or a licensed psy-
38 chologist or a person licensed to practice medicine or surgery if such
39 psychologist or person licensed to practice medicine or surgery treats in
40 the usual course of their professional practice drug abusers or persons
41 incapacitated by drugs and are not exclusively engaged in the usual course
42 of their professional practice in treating such persons, or a state institution
43 even if detoxification services may have been obtained at such state in-

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1 stitution;
2 (d) ``committee'' means the Kansas citizens' committee on alcohol
3 and other drug abuse;
4 (e) ``department'' means the department of social and rehabilitation
5 services;
6 (f) ``disabled person'' means a person who has been adjudicated dis-
7 abled pursuant to K.S.A. 59-3002 et seq., and amendments thereto;
8 (g) ``intoxicated person'' means a person whose mental or physical
9 functioning is substantially impaired as a result of the use of drugs;
10 (h) ``treatment'' means the broad range of emergency, outpatient,
11 intermediate, and inpatient services and care, including diagnostic eval-
12 uation, medical, psychiatric, psychological, and social service care, voca-
13 tional rehabilitation and career counseling, which may be extended to
14 drug abusers and intoxicated persons;
15 (i) ``patient'' means a person who is a voluntary patient, a proposed
16 patient, or an involuntary patient;
17 (j) ``voluntary patient'' means a person who is voluntarily receiving
18 care or treatment at a treatment facility other than by order of any court;
19 (k) ``proposed patient'' means a person for whom an application pur-
20 suant to K.S.A. 65-5207 and amendments thereto has been filed;
21 (l) ``involuntary patient'' means a person incapacitated by drugs who
22 is receiving care or treatment under an order of a district court;
23 (m) ``other facilities for care or treatment'' means any mental health
24 clinic, medical care facility, nursing home, physician or any other insti-
25 tution or individual authorized or licensed by law to give care or treatment
26 to any patient;
27 (n) ``physician'' means a person licensed to practice medicine and
28 surgery under the Kansas ~~healing arts~~ medical practice act;
29 (o) ``head of the treatment facility'' means the administrative director
30 of a treatment facility;
31 (p) ``care or treatment'' means such necessary services as are in the
32 best interests of the physical and mental health of the patient;
33 (q) ``discharge'' means the final and complete release from care or
34 treatment, by either an order of a district court pursuant to K.S.A. 65-
35 5217 and amendments thereto or a treatment facility;
36 (r) the various terms defined in K.S.A. 59-3002 and amendments
37 thereto for obtaining a guardian or conservator, or both, mean the same
38 herein as they do in that act;
39 (s) ``law enforcement officer'' means any person who, by virtue of
40 office or public employment, is vested by law with a duty to maintain
41 public order or to make arrests for crimes, whether that duty extends to
42 all crimes or is limited to specific crimes;
43 (t) ``governmental unit'' means any county, municipality, or other po-

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1 litical subdivision of the state; or any department, division, board or other
2 agency of any of the foregoing;
3 (u) ``secretary'' means the secretary of social and rehabilitation serv-
4 ices;
5 (v) ``drug abuser'' means a person who habitually lacks self-control as
6 to the use of drugs or uses drugs to the extent that such person's health
7 is substantially impaired or endangered or such person's social or eco-
8 nomic function is substantially disrupted, but such term shall not include
9 a person who habitually lacks self-control in the use of alcohol;
10 (w) ``incapacitated by drugs'' means that a person, as a result of use
11 of drugs, is unconscious or has impaired judgment so that such person:
12 (1) Is incapable of realizing and making a rational decision with respect
13 to the need for treatment; or (2) lacks sufficient understanding or capacity
14 to make or communicate responsible decisions concerning either such
15 person's well-being or estate;
16 (x) ``state institution'' means any institution within the department of
17 social and rehabilitation services;
18 (y) ``drug'' means the following: (1) The same as the term controlled
19 substance in K.S.A. 65-4101 and amendments thereto, and (2) fluorocar-
20 bons, toluene and volatile hydrocarbon solvents;
21 (z) ``psychologist'' means a licensed psychologist, as defined by K.S.A.
22 74-5302 and amendments thereto;
23 (aa) ``designated state funded assessment center'' or ``assessment cen-
24 ter'' means a treatment facility designated by the secretary; and
25 (bb) ``counselor'' means a state certified alcohol and drug abuse coun-
26 selor.
27 Sec. 134. K.S.A. 65-5402 is hereby amended to read as follows: 65-
28 5402. As used in K.S.A. 65-5401 to 65-5417, inclusive:
29 (a) ``Board'' means the state board of ~~healing arts~~ medical professions.
30 (b) ``Occupational therapy'' is a health care profession whose practi-
31 tioners, other than occupational therapy practitioners working with the
32 educationally handicapped in a school system, are employed under the
33 supervision of a physician and whose practitioners provide therapy, re-
34 habilitation, diagnostic evaluation, care and education of individuals who
35 are limited by physical injury or illness, psychosocial dysfunction, devel-
36 opmental or learning disabilities or the aging process in order to maximize
37 independence, prevent disability and maintain health. Specific occupa-
38 tional therapy services include:
39 (1) Administering and interpreting tests necessary for effective treat-
40 ment planning;
41 (2) developing self-care and daily living skills such as feeding, dress-
42 ing, hygiene and homemaking;
43 (3) designing, fabricating, applying or training, or any combination

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1 thereof, in the use of selected orthotics, upper extremity prosthetics or
2 adaptive equipment;
3 (4) developing sensory integrative skills and functioning;
4 (5) using therapeutic activity and exercise to enhance functional or
5 motor performance, or both;
6 (6) developing prevocational/vocational work capacities and play/lei-
7 sure skills; and
8 (7) adapting environment for the disabled.
9 (c) ``Occupational therapist'' means a person registered to practice
10 occupational therapy as defined in this act.
11 (d) ``Occupational therapy assistant'' means a person registered to
12 assist in the practice of occupational therapy under the supervision or
13 with the consultation of an occupational therapist.
14 (e) ``Person'' means any individual, partnership, unincorporated or-
15 ganization or corporation.
16 (f) ``Physician'' means a person licensed to practice medicine and sur-
17 gery.
18 Sec. 135. K.S.A. 65-5404 is hereby amended to read as follows: 65-
19 5404. (a) There is established an occupational therapist council to advise
20 the board in carrying out the provisions of this act. The council shall
21 consist of five members, all citizens and residents of the state of Kansas
22 appointed as follows: One member shall be a physician appointed by the
23 state board of ~~healing arts~~ medical professions; one member shall be the
24 president of the state board of ~~healing arts~~ medical professions or a person
25 designated by the president; and three members shall be occupational
26 therapists appointed by the governor. The governor shall, insofar as pos-
27 sible, appoint persons from different geographical areas and persons who
28 represent various types of occupational therapy treatment. If a vacancy
29 occurs on the council, the appointing authority of the position which has
30 become vacant shall appoint a person of like qualifications to fill the va-
31 cant position for the unexpired term, if any. The Kansas occupational
32 therapy association shall recommend the names of occupational therapists
33 to the governor in a number equal to at least twice the positions or va-
34 cancies to be filled, and the governor may appoint members to fill the
35 positions or vacancies from the submitted list. The terms of the members
36 of the council appointed by the governor prior to the effective date of
37 this act shall expire on July 1, 1988. Members of the council appointed
38 by the governor on and after the effective date of this act shall be ap-
39 pointed for terms of three years and until their successors are appointed
40 and qualified except that of the members first appointed by the governor
41 on or after the effective date of this act one shall be appointed for a term
42 of one year, one shall be appointed for a term of two years and one shall
43 be appointed for a term of three years, as designated by the governor.

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1 The member appointed by the state board of   ~~healing arts~~ medical pro-
2 fessions shall serve at the pleasure of the state board of   ~~healing arts~~ med-
3 ical professions. A member designated by the president of the state board
4 of   ~~healing arts~~ medical professions shall serve at the pleasure of the pres-
5 ident.
6 (b) Members of the council attending meetings of the council, or
7 attending a subcommittee meeting thereof authorized by the council,
8 shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
9 amendments thereto from the   ~~healing arts~~ medical professions' fee fund.
10 Sec. 136. K.S.A. 65-5413 is hereby amended to read as follows: 65-
11 5413. The board shall remit all moneys received by or for it from fees,
12 charges or penalties to the state treasurer at least monthly. Upon receipt
13 of any such remittance the state treasurer shall deposit the entire amount
14 thereof in the state treasury. Twenty percent of each such deposit shall
15 be credited to the state general fund and the balance shall be credited to
16 the   ~~healing arts~~ medical professions' fee fund. All expenditures from such
17 fund shall be made in accordance with appropriation acts upon warrants
18 of the director of accounts and reports issued pursuant to vouchers ap-
19 proved by the president of the board or by a person designated by the
20 president of the board.
21 Sec. 137. K.S.A. 65-5502 is hereby amended to read as follows: 65-
22 5502. As used in K.S.A. 65-5501 to 65-5517, inclusive:
23 (a) ``Board'' means the state board of   ~~healing arts~~ medical professions.
24 (b) ``Respiratory therapy'' is a health care profession whose practi-
25 tioners are employed under the supervision of a physician in the therapy,
26 management, rehabilitation, diagnostic evaluation and care of patients
27 with deficiencies and abnormalities which affect the pulmonary system
28 and associated aspects of cardiopulmonary and other systems functions,
29 and includes all of the following:
30 (1) Direct and indirect pulmonary care services that are safe, aseptic,
31 preventative and restorative to the patient.
32 (2) Direct and indirect respiratory care services, including but not
33 limited to, the administration of pharmacological and diagnostic and ther-
34 apeutic agents related to respiratory care procedures necessary to imple-
35 ment a treatment, disease prevention, pulmonary rehabilitative or diag-
36 nostic regimen prescribed by a physician.
37 (3) Observation and monitoring of signs and symptoms, general be-
38 havior, general physical response to respiratory care treatment and di-
39 agnostic testing, determination of whether such signs, symptoms, reac-
40 tions, behavior or general response exhibit abnormal characteristics and
41 implementation based on observed abnormalities of appropriate report-
42 ing or referral or respiratory care protocols, or changes in treatment reg-
43 imen, pursuant to a prescription by a physician on the initiation of emer-

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1 gency procedures.
2 (4) The diagnostic and therapeutic use of any of the following, in
3 accordance with the prescription of a physician: Administration of medical
4 gases, exclusive of general anesthesia; aerosols; humidification; environ-
5 mental control systems and baromedical therapy; pharmacologic agents
6 related to respiratory care procedures; mechanical or physiological ven-
7 tilatory support; bronchopulmonary hygiene; cardiopulmonary resuscita-
8 tion; maintenance of the natural airways; insertion without cutting tissues
9 and maintenance of artificial airways; diagnostic and testing techniques
10 required for implementation of respiratory care protocols; collection of
11 specimens of blood; collection of specimens from the respiratory tract;
12 analysis of blood gases and respiratory secretions.
13 (5) The transcription and implementation of the written and verbal
14 orders of a physician pertaining to the practice of respiratory therapy.
15 (c) ``Respiratory therapist'' means a person who is registered to prac-
16 tice respiratory therapy as defined in this act.
17 (d) ``Person'' means any individual, partnership, unincorporated or-
18 ganization or corporation.
19 (e) ``Physician'' means a person licensed to practice medicine and
20 surgery.
21 Sec. 138. K.S.A. 65-5504 is hereby amended to read as follows: 65-
22 5504. (a) There is established a respiratory therapist council to advise the
23 board in carrying out the provisions of this act. The council shall consist
24 of five members, all citizens and residents of the state of Kansas appointed
25 as follows: One member shall be a physician appointed by the state board
26 of   ~~healing arts~~ medical professions; one member shall be the president of
27 the state board of   ~~healing arts~~ medical professions or a person designated
28 by the president; and three members shall be respiratory therapists ap-
29 pointed by the governor. The governor, insofar as possible, shall appoint
30 persons from different geographical areas and persons who represent var-
31 ious types of respiratory therapy treatment. If a vacancy occurs on the
32 council, the appointing authority of the position which has become vacant
33 shall appoint a person of like qualifications to fill the vacant position for
34 the unexpired term, if any. The Kansas respiratory therapy society shall
35 recommend the names of respiratory therapists to the governor in a num-
36 ber equal to at least twice the positions or vacancies to be filled, and the
37 governor may appoint members to fill the positions or vacancies from the
38 submitted list. The terms of the members of the council appointed by
39 the governor prior to the effective date of this act shall expire on July 1,
40   ~~1988~~ 1998. Members of the council appointed by the governor on and
41 after the effective date of this act shall be appointed for terms of three
42 years and until their successors are appointed and qualified except that
43 of the members first appointed by the governor on or after the effective

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1 date of this act one shall be appointed for a term of one year, one shall
2 be appointed for a term of two years and one shall be appointed for a
3 term of three years, as designated by the governor. The member ap-
4 pointed by the state board of   ~~healing arts~~ medical professions shall serve
5 at the pleasure of the state board of   ~~healing arts~~ medical professions. A
6 member designated by the president of the state board of   ~~healing arts~~
7 medical professions shall serve at the pleasure of the president.
8 (b) Members of the council attending meetings of the council, or
9 attending a subcommittee meeting thereof authorized by the council,
10 shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
11 amendments thereto from the   ~~healing arts~~ medical professions' fee fund.
12 Sec. 139. K.S.A. 65-5513 is hereby amended to read as follows: 65-
13 5513. The board shall remit all moneys received by or for it from fees,
14 charges or penalties to the state treasurer at least monthly. Upon receipt
15 of any such remittance the state treasurer shall deposit the entire amount
16 thereof in the state treasury. Twenty percent of each such deposit shall
17 be credited to the state general fund and the balance shall be credited to
18 the   ~~healing arts~~ medical professions' fee fund. All expenditures from such
19 fund shall be made in accordance with appropriation acts upon warrants
20 of the director of accounts and reports issued pursuant to vouchers ap-
21 proved by the president of the board or by a person designated by the
22 president of the board.
23 Sec. 140. K.S.A. 1997 Supp. 65-6112 is hereby amended to read as
24 follows: 65-6112. As used in this act:
25 (a) ``Administrator'' means the administrator of the emergency med-
26 ical services board.
27 (b) ``Ambulance'' means any privately or publicly owned motor ve-
28 hicle, airplane or helicopter designed, constructed, prepared and
29 equipped for use in transporting and providing emergency care for in-
30 dividuals who are ill or injured.
31 (c) ``Ambulance service'' means any organization operated for the
32 purpose of transporting sick or injured persons to or from a place where
33 medical care is furnished, whether or not such persons may be in need
34 of emergency or medical care in transit.
35 (d) ``Attendant'' means a first responder or an emergency medical
36 technician, an emergency medical technician-intermediate, an emergency
37 medical technician-defibrillator or a mobile intensive care technician
38 whose primary function is ministering to the needs of persons requiring
39 emergency medical services.
40 (e) ``Board'' means the emergency medical services board established
41 pursuant to K.S.A. 65-6102, and amendments thereto.
42 (f) ``Emergency medical service'' means the effective and coordinated
43 delivery of such care as may be required by an emergency, including

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1 services provided by first responders, care and transportation of individ-
2 uals by ambulance services and the performance of authorized emergency
3 care by a person licensed to practice medicine and surgery, a licensed
4 professional nurse, a registered physician's assistant, emergency medical
5 technician, emergency medical technician-intermediate, emergency med-
6 ical technician-defibrillator or a mobile intensive care technician.
7 (g) ``Emergency medical technician'' means any person who has suc-
8 cessfully completed a course of training, approved by the board, in pre-
9 liminary emergency medical care and who holds a valid emergency med-
10 ical technician certificate under this act.
11 (h) ``Emergency medical technician-defibrillator'' means any person,
12 currently certified as an emergency medical technician or emergency
13 medical technician-intermediate, who has successfully completed a train-
14 ing program in cardiac defibrillation approved by the board and who holds
15 a valid emergency medical technician-defibrillator certificate under this
16 act.
17 (i) ``Emergency medical technician-intermediate'' means any person,
18 currently certified as an emergency medical technician or emergency
19 medical technician-defibrillator, who, has successfully completed a course
20 of training approved by the board which includes training in veni-punc-
21 ture for blood sampling and administration of intravenous fluids and ad-
22 vanced patient assessment and who holds a valid emergency medical tech-
23 nician-intermediate certificate under this act.
24 (j) ``First responder'' means a person who has successfully completed
25 a course of training in preliminary emergency care, who holds a valid first
26 responder certificate under this act and who provides services to individ-
27 uals in need of emergency medical care that assist in stabilization or im-
28 provement of such individual's condition until personnel with a higher
29 level of training arrive at the scene and assume responsibility for the
30 individual.
31 (k) ``Hospital'' means a hospital as defined by K.S.A. 65-425, and
32 amendments thereto.
33 (l) ``Instructor-coordinator'' means any person who has successfully
34 completed a course of training, approved by the board, to instruct atten-
35 dants and to coordinate training programs, and who holds a valid instruc-
36 tor-coordinator certificate under this act.
37 (m) ``Medical adviser'' means a physician.
38 (n) ``Medical protocols'' mean written guidelines that have been re-
39 viewed and approved by the emergency medical committee of the county
40 medical society, which assist in the provision of medical care to a patient
41 when the attendant is not receiving immediate direction from a physician.
42 In those counties where there is no emergency medical committee of the
43 county medical society, ``medical protocols'' mean written guidelines that

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1 have been reviewed and approved by the medical staff of the hospital to
2 which the ambulance service primarily transports patients, which assist
3 in the provision of medical care to a patient when the attendant is not
4 receiving immediate direction from a physician.
5 (o) ``Mobile intensive care technician'' means any person who has
6 successfully completed a course of training, approved by the board, in
7 emergency medical care, and who holds a valid mobile intensive care
8 technician certificate under this act.
9 (p) ``Municipality'' means any city, county, township, fire district or
10 ambulance service district.
11 (q) ``Nonemergency transportation'' means the care and transport of
12 a sick or injured person under a foreseen combination of circumstances
13 calling for continuing care of such person. As used in this subsec-
14 tion,transportation includes performance of the authorized level of serv-
15 ices of the attendant whether within or outside the vehicle as part of such
16 transportation services.
17 (r) ``Operator'' means a person or municipality who has a permit to
18 operate an ambulance service in the state of Kansas.
19 (s) ``Person'' means an individual, a partnership, an association, a
20 joint-stock company or a corporation.
21 (t) ``Physician'' means a person licensed by the state board of ~~healing~~
22 ~~arts~~ medical professions to practice medicine and surgery.
23 (u) ``Training officer I'' means any person who has completed suc-
24 cessfully a course of training, approved by the board, to conduct contin-
25 uing education programs for attendants.
26 (v) ``Training officer II'' means any person who has: (1) Completed
27 successfully a course of training, approved by the board, to conduct con-
28 tinuing education programs for attendants; and (2) completed successfully
29 a supplemental course of training, approved by the board, to conduct
30 initial training programs for first responders.
31 Sec. 141. K.S.A. 1997 Supp. 65-6805 is hereby amended to read as
32 follows: 65-6805. Each medical care facility as defined by subsection (h)
33 of K.S.A. 65-425 and amendments thereto; health care provider as de-
34 fined in K.S.A. 40-3401 and amendments thereto; providers of health care
35 as defined in subsection (f) of K.S.A. 65-5001 and amendments thereto;
36 health care personnel as defined in subsection (e) of K.S.A. 65-5001 and
37 amendments thereto; home health agency as defined by subsection (b)
38 of K.S.A. 65-5101 and amendments thereto; psychiatric hospitals licensed
39 under K.S.A. 75-3307b and amendments thereto; state institutions for the
40 mentally retarded; community mental retardation facilities as defined un-
41 der K.S.A. 65-4412 and amendments thereto; community mental health
42 center as defined under K.S.A. 65-4432 and amendments thereto; adult
43 care homes as defined by K.S.A. 39-923 and amendments thereto; labo-

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1 ratories described in K.S.A. 65-1,107 and amendments thereto; phar-
2 macies; board of nursing; Kansas dental board; board of examiners in
3 optometry; state board of pharmacy; state board of healing arts, state
4 board of medical professions and third-party payors, including but not
5 limited to, licensed insurers, medical and hospital service corporations,
6 health maintenance organizations, fiscal intermediaries for government-
7 funded programs and self-funded employee health plans, shall file health
8 care data with the secretary of health and environment as prescribed by
9 the board. The provisions of this section shall not apply to any individual,
10 facility or other entity under this section which uses spiritual means
11 through prayer alone in accordance with the tenets and practices of a
12 recognized church or religious denomination for the treatment or cure
13 of disease.
14 Sec. 142. K.S.A. 1997 Supp. 65-6902 is hereby amended to read as
15 follows: 65-6902. As used in this act:
16 (a) ``Board'' means the state board of ~~healing arts~~ medical professions.
17 (b) ``Athletic training'' means the practice of injury prevention, phys-
18 ical evaluation, emergency care and referral or physical reconditioning
19 relating to athletic activity.
20 (c) ``Athletic trainer'' means a person registered under this act.
21 Sec. 143. K.S.A. 1997 Supp. 65-6910 is hereby amended to read as
22 follows: 65-6910. (a) The board shall charge and collect in advance fees
23 provided for in this act as fixed by the board by rules and regulations,
24 subject to the following limitations:

25	Application fee, not more than	$100
26	Temporary registration fee, not more than	$50
27	Registration renewal fee, not more than	$50
28	Registration late renewal fee, not more than	$50
29	Registration reinstatement fee, not more than	$50
30	Certified copy of registration, not more than	$40
31	Written verification of registration, not more than	$25

32 (b) The board shall charge and collect in advance fees for any ex-
33 amination administered by the board under the athletic trainers registra-
34 tion act as fixed by the board by rules and regulations in an amount equal
35 to the cost to the board of the examination and its administration. If the
36 examination is not administered by the board, the board may require that
37 fees paid for any examination under the athletic trainers registration act
38 be paid directly to the examination service by the person taking the ex-
39 amination.
40 (c) The board shall remit all moneys received from fees, charges or
41 penalties to the state treasurer at least monthly. Upon receipt of any such
42 remittance, the state treasurer shall deposit the entire amount thereof in
43 the state treasury. Twenty percent of each such deposit shall be credited

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1 to the state general fund and the balance shall be credited to the   ~~healing~~
2 ~~arts~~ medical professions' fee fund. All expenditures from such fund shall
3 be made in accordance with appropriation acts upon warrants of the di-
4 rector of accounts and reports issued pursuant to vouchers approved by
5 the president of the board or by a person designated by the president of
6 the board.
7 Sec. 144. K.S.A. 1997 Supp. 65-6912 is hereby amended to read as
8 follows: 65-6912. (a) There is hereby established an athletic trainers coun-
9 cil to advise the board in carrying out the provisions of this act. The
10 council shall consist of five members, all residents of the state of Kansas
11 appointed as follows: One member shall be a licensee of the board, ap-
12 pointed by the board, who has entered into a practice protocol with an
13 athletic trainer; one member shall be the president of the board or a
14 board member designated by the president; and three members shall be
15 athletic trainers appointed by the governor. The governor, insofar as pos-
16 sible, shall appoint persons from different geographical areas.
17 (b) If a vacancy occurs on the council, the appointing authority of the
18 position which has become vacant shall appoint a person of like qualifi-
19 cations to fill the vacant position for the unexpired term, if any. The
20 Kansas athletic trainers' society shall recommend the names of athletic
21 trainers to the governor in a number equal to at least twice the positions
22 or vacancies to be filled, and the governor may appoint members to fill
23 the positions or vacancies from the submitted list.
24 (c) Members of the council appointed by the governor on and after
25 the effective date of this act shall be appointed for terms of three years
26 and until their successors are appointed and qualified except that of the
27 members first appointed by the governor one shall be appointed for a
28 term of one year, one shall be appointed for a term of two years and one
29 shall be appointed for a term of three years, as designated by the gover-
30 nor. The member appointed by the   ~~§ate~~ board   ~~of healing arts~~ shall serve
31 at the pleasure of the   ~~§ate~~ board   ~~of healing arts~~. A member designated
32 by the president of the state board of   ~~healing arts~~ medical professions
33 shall serve at the pleasure of the president.
34 (d) Members of the council attending meetings of the council, or
35 attending a subcommittee meeting thereof authorized by the council,
36 shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
37 amendments thereto from the   ~~healing arts~~ medical professions' fee fund.
38 Sec. 145. K.S.A. 74-3223 is hereby amended to read as follows: 74-
39 3223. (a) Within the limits of appropriations therefor, the state board of
40 regents is hereby authorized to:
41 (1) Award scholarships, within the limitations provided in this act,
42 during any one calendar year to persons admitted to or enrolled in the
43 university of Kansas school of medicine. Such scholarships shall provide

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1 for the payment of educational expenses incurred by the recipient, in-
2 cluding tuition, fees, books, laboratory expenses, instruments and living
3 expenses in an amount not to exceed   ~~six thousand dollars ($6,000)~~ $6,000
4 per year for each calendar year for which the scholarship is awarded, and
5 such scholarships may be renewed annually by the state board of regents.
6 Such educational expenses shall be those expenses normally incurred by
7 students enrolled in the university of Kansas school of medicine. In no
8 case shall such a scholarship be awarded and renewed for a period of
9 time in excess of four   ~~(4)~~ years.
10 (2) Within the limitations provided in this act, assume and repay, in
11 any one calendar year, the balance of any debt, including principal and
12 interest in an amount not to exceed   ~~six thousand dollars ($6,000)~~ $6,000,
13 incurred in the process of obtaining the degree of doctor of medicine or
14 incurred in connection with carrying out a medical internship or residency
15 program, by not more than   ~~twelve (12)~~ 12 graduates of any school of
16 medicine accredited by the state board of   ~~healing arts~~ medical professions
17 or to make loans to any person enrolled in a medical internship or resi-
18 dency program approved by the university of Kansas school of medicine
19 in an amount not to exceed   ~~six thousand dollars ($6,000)~~ $6,000 in any
20 one calendar year. No loan shall be granted and renewed for a period of
21 time in excess of four   ~~(4)~~ years.
22 (3) Award not more than four   ~~(4)~~ scholarships during any one cal-
23 endar year to persons admitted to or enrolled in colleges of osteopathic
24 medicine. Not less than   ~~one-half (1/2)~~ 1/2 of such scholarships awarded
25 during any one calendar year shall be awarded to residents of the state
26 of Kansas. Such scholarships shall provide for the payment of educational
27 expenses incurred by the recipient, including tuition, fees, books, labo-
28 ratory expenses, instruments and living expenses in an amount not to
29 exceed   ~~six thousand dollars ($6,000)~~ $6,000 per year for each calendar
30 year for which the scholarship is awarded, and such scholarships may be
31 renewed annually by the state board of regents. Such educational ex-
32 penses shall be those expenses normally incurred by students enrolled in
33 a college of osteopathic medicine. In no case shall such a scholarship be
34 awarded and renewed for a period of time in excess of four   ~~(4)~~ years or
35 in excess of   ~~twenty-four thousand dollars ($24,000)~~ $24,000.
36 (b) The total amount of scholarships awarded, debts assumed and
37 loans granted during any one calendar year under the provisions of par-
38 agraphs (1) and (2) of subsection (a) shall not exceed   ~~seventy-two thou-~~
39 ~~sand dollars ($72,000)~~ $72,000, and the total number of persons for whom
40 such scholarships are awarded, debts are assumed and loans are granted
41 during such year shall not exceed   ~~twelve (12)~~ 12. Of the total number of
42 persons for whom such scholarships are awarded, debts are assumed and
43 loans are granted during any one calendar year, the majority of such

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1 persons shall be residents of the state of Kansas.
2 Sec. 146. K.S.A. 74-3226 is hereby amended to read as follows: 74-
3 3226. The state board of regents shall: (a) Adopt rules and regulations
4 establishing criteria for the selection of recipients of scholarships under
5 this act; for the selection of recipients of loans and debt payments; for
6 the determination of debts eligible for payment; (b) accept application
7 for and make the final selection of all persons eligible to receive funds or
8 have funds paid on their behalf under this act; and (c) after consulting
9 with the Kansas medical society, the state board of ~~healing arts~~ medical
10 professions and the Kansas health planning council, designate those areas
11 of the state in which there is an insufficient number of persons engaged
12 in the practice of primary care medicine and those areas of the state in
13 which there is an insufficient number of persons in the practice of oste-
14 opathic medicine and surgery.
15 Sec. 147. K.S.A. 74-3246 is hereby amended to read as follows: 74-
16 3246. (a) Within the limits of appropriations therefor and in accordance
17 with this act, the state board of regents is hereby authorized to annually
18 enter into agreements in accordance with subsection (b), with a college
19 or colleges of osteopathic medicine approved by the state board of ~~healing~~
20 ~~arts~~ medical professions, for admission of not to exceed 25 Kansas stu-
21 dents in the freshman class for the academic year commencing in 1981
22 and for the academic year commencing in 1982, where such students
23 have entered into an agreement with the state board of regents which
24 requires each such student to:
25 (1) Become prepared for the general practice of osteopathic medi-
26 cine by professional training; and
27 (2) Enter practice in Kansas upon completion of intern training or
28 primary care residency training, for a minimum of two consecutive years
29 in Kansas in general practice in accordance with this act within six months
30 of completion of such training.
31 (b) Each agreement with a college of osteopathic medicine shall pro-
32 vide that the state board of regents will pay to the college accepting such
33 Kansas students, a sum of not to exceed $6,000 for each of the four years
34 that each such student is enrolled in the college, and that in consideration
35 of such payment, the college will accept as full tuition from each such
36 Kansas student the same amount as such student would pay to the uni-
37 versity of Kansas school of medicine had such student been enrolled in
38 such school during such student's first year of admission to the college of
39 osteopathic medicine, except that the college of osteopathic medicine may
40 require each such Kansas student to pay amounts for tuition for the sec-
41 ond, third and fourth years of such student's enrollment at the college of
42 osteopathic medicine, which are greater than the first-year figure by an
43 amount equal to the greater of: (1) Any increased tuition charge imposed

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1 by the university of Kansas school of medicine for Kansas residents during
2 the second, third or fourth year of such student's enrollment, or (2) the
3 amount by which tuition is increased by the college of osteopathic med-
4 icine for all students enrolled in such college pursuing the degree of
5 doctor of osteopathy during the second, third or fourth year of such stu-
6 dent's enrollment. Each such agreement shall provide guarantee of con-
7 tinued enrollment of such Kansas students, during satisfactory progress
8 and good behavior, until completion of the program commenced.
9 Sec. 148. K.S.A. 74-3248 is hereby amended to read as follows: 74-
10 3248. The state board of regents is authorized to enter into agreements
11 with not to exceed   ~~twenty-five (25)~~ 25 students who are or will be enrolled
12 in the second, third or fourth years of education in September, 1978, in
13 a college of osteopathic medicine approved by the state board of   ~~healing~~
14 ~~arts~~ medical professions and who have not entered and are not eligible to
15 enter into agreements under K.S.A. 74-3247, and amendments thereto.
16 Such agreements will provide that the board will loan to each such student
17 an amount not exceeding   ~~six thousand dollars ($6,000)~~ $6,000 for each
18 academic year remaining in said student's education at said college of
19 osteopathic medicine and each such student shall execute a note payable
20 to the state of Kansas as evidence thereof, which note shall bear interest
21 at the annual rate of   ~~ten percent (10%)~~ 10% until paid.   ~~Said~~ Such loans
22 and notes executed as evidence thereof shall be on the same terms and
23 subject to the same conditions as prescribed in K.S.A. 74-3247 and
24 amendments thereto.
25 Sec. 149. K.S.A. 1997 Supp. 74-4914e is hereby amended to read as
26 follows: 74-4914e. (1) As used in this section:
27 (a) ``Correctional employee'' means any member of the system who
28 is a security officer or other employee of the department of corrections
29 and who is in a position for which the duties and responsibilities involve
30 regular contact with inmates as certified by the secretary of corrections;
31 (b) ``disability'' means the total inability to perform permanently the
32 duties of the position of a correctional employee in which the correctional
33 employee was employed at the time of disability;
34 (c) ``service-connected'' means any physical or mental disability re-
35 sulting from external force, violence or disease occasioned by an act of
36 duty as a correctional employee and includes, for any correctional em-
37 ployee after five years of credited service, any death or disability resulting
38 from a heart disease or disease of the lung or respiratory tract, except that
39 in the event that the correctional employee ceases to be a contributing
40 member except by reason of a service-connected disability for a period
41 of six months or more and then again becomes a contributing member
42 the provision relating to death or disability resulting from a heart disease
43 or disease of the lung or respiratory tract shall not apply until such cor-

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1 rectional employee has again become a contributing member for a period
2 of not less than two years or unless clear and precise evidence is presented
3 that the heart disease or disease of the lung or respiratory tract was in
4 fact occasioned by an act of duty as a correctional employee; and
5 (d) ``final average salary'' means the average highest annual compen-
6 sation paid to a correctional employee for any three of the last five years
7 of participating service immediately preceding the date of disability, or if
8 participating service is less than three years, then the average annual
9 compensation paid to the correctional employee during the full period of
10 participating service or if a correctional employee has less than one cal-
11 endar year of participating service the correctional employee's final av-
12 erage salary shall be computed by multiplying the correctional employee's
13 highest monthly salary received in that year by 12.
14 (2) If any active contributing correctional employee becomes totally
15 and permanently disabled due to service-connected causes as defined in
16 subsection (1), such correctional employee shall be retired and the fol-
17 lowing benefits shall become payable and shall continue until the correc-
18 tional employee's death or until the correctional employee recovers from
19 the disability if a report of the event in a form acceptable to the board is
20 filed in the office of the executive secretary of the board within 220 days
21 after the date of the event or act of duty causing such disability and an
22 application for such benefit, in such form and manner as the board shall
23 prescribe, is filed by the correctional employee or the correctional em-
24 ployee's authorized representative in the office of the executive secretary
25 of the board within two years of the date of disability:
26 (a) The correctional employee shall receive a retirement benefit
27 equal to 50% of the correctional employee's final average salary. Such
28 benefit shall accrue from the day upon which the correctional employee
29 ceases to draw compensation.
30 (b) Each of the correctional employee's unmarried children under
31 the age of 18 years or each of the correctional employee's children under
32 the age of 23 years who are full-time students as provided in K.S.A. 74-
33 49,117 and amendments thereto shall receive an annual benefit equal to
34 10% of the correctional employee's final average salary. Such benefit shall
35 accrue from the day upon which the correctional employee ceases to draw
36 compensation and shall end on the first day of the month in which each
37 such child or children attains the age of 18 years, die or marry, whichever
38 occurs earlier or in which each such child or children attains the age of
39 23 years, if such child or children are full-time students as provided in
40 K.S.A. 74-49,117 and amendments thereto.
41 (c) In no case shall the total benefits payable under paragraphs (a)
42 and (b) of this subsection (2) be in excess of 75% of the correctional
43 employee's final average salary.

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1 (d) In the event a correctional employee who is retired under para-
2 graph (a) of this subsection (2), dies within two years after the date of
3 such retirement, then benefits may be payable under subsection (2) of
4 K.S.A. 74-4916 and amendments thereto.
5 (e) In the event a correctional employee who is retired under para-
6 graph (a) of this subsection (2), dies more than two years after the date
7 of such retirement, and the proximate cause of such death is the serv-
8 ice-connected cause from which the disability resulted, then benefits may
9 be payable under subsection (2) of K.S.A. 74-4916 and amendments
10 thereto.
11 (3) If any correctional employee who is an active contributing mem-
12 ber prior to such correctional employee's normal retirement becomes
13 totally and permanently disabled for a period of 180 days from causes not
14 service-connected, and not as the result of a willfully negligent or inten-
15 tional act of the correctional employee, such correctional employee shall
16 be retired and the following benefit shall become payable and shall con-
17 tinue until the correctional employee's death or until the correctional
18 employee recovers from such disability whichever occurs first if a report
19 of the disability in a form acceptable to the board is filed in the office of
20 the executive secretary of the board within 220 days after the date of the
21 commencement of such disability and if an application for such benefit
22 in such form and manner as the board shall prescribe is filed in the office
23 of the executive secretary of the board within two years of the date of
24 disability:
25 A retirement benefit equal to 2% of the correctional employee's final
26 average salary multiplied by the number of years of credited service, ex-
27 cept that such retirement benefit shall be at least equal to 25% of the
28 member's final average salary but not to exceed the amount of the re-
29 tirement benefit provided in paragraph (a) of subsection (2). Such benefit
30 shall not become payable until satisfactory evidence is presented to the
31 board that the correctional employee is and has been for a period of 180
32 days totally and permanently disabled, but benefits shall accrue from the
33 day upon which the correctional employee ceases to draw compensation.
34 (4) Any correctional employee who is employed for compensation by
35 an employer other than the department of corrections and whose disa-
36 bility is incurred in the course of such other employment shall not be
37 eligible for any of the benefits provided in subsection (3).
38 (5) If a correctional employee becomes totally and permanently dis-
39 abled and no benefits are payable under subsections (2) or (3), the sum
40 of the correctional employee's accumulated contributions shall be paid to
41 the correctional employee.
42 (6) Any correctional employee receiving benefits under this section
43 shall submit to medical examination, not oftener than annually, by one or

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1 more physicians or any other practitioners of the healing arts holding a
2 valid license issued by Kansas state board of ~~healing arts~~ medical profes-
3 sions, as the board of trustees may direct. If upon such medical exami-
4 nation the examiners report to the board that the retirant is physically
5 able and capable of resuming employment with the participating em-
6 ployer from whose employment the correctional employee retired, the
7 disability benefits shall terminate. A retirant who has been receiving ben-
8 efits under the provisions of this section and who returns to employment
9 of a participating employer shall immediately commence accruing service
10 credit which shall be added to that which has been accrued by virtue of
11 previous service.
12 (7) Any retirant who has been receiving benefits under the provisions
13 of this section for a period of five years shall be deemed finally retired
14 and shall not be subject to further medical examinations, except that if
15 the board of trustees shall have reasonable grounds to question whether
16 the retirant remains totally and permanently disabled, a further medical
17 examination or examinations may be required.
18 (8) Refusal or neglect to submit to examination as provided in sub-
19 section (6) shall be sufficient cause for suspending or discontinuing ben-
20 efit payments under this section and if such refusal or neglect shall con-
21 tinue for a period of one year, the correctional employee's rights in and
22 to all benefits under the system may be revoked by the board.
23 (9) Any retirement benefits payable under the provisions of this sec-
24 tion shall be in lieu of all other benefits under the system.
25 (10) Each correctional employee shall report to such member's par-
26 ticipating employer any event or act of duty causing disability within 200
27 days after such event or act of duty. The department of corrections shall
28 file in the office of the executive secretary of the board, in a form ac-
29 ceptable to the board, a report of the event or act of duty causing disability
30 within 220 days after the event or act of duty.
31 (11) Benefits payable under this section shall be reduced by the orig-
32 inal amount of any disability benefits received under the federal social
33 security act or the workers compensation act. For any correctional em-
34 ployee already retired on the effective date of this act, no reduction of
35 the original social security benefits shall be applicable to benefits paid
36 prior to the effective date of this act. In no case shall a correctional em-
37 ployee who is entitled to receive benefits under this section receive less
38 than $100 per month.
39 (12) The provisions of this section shall apply to disabilities occurring
40 after June 30, 1982, and prior to July 1, 1995. At the direction of the
41 board of trustees, the actuary shall conduct an experience evaluation of
42 benefits payable under this section and the board shall provide copies of
43 such study to the governor and members of the legislature.

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1 (13) The provisions of K.S.A. 74-4927 and amendments thereto re-
2 lating to insured disability benefits shall not be applicable to correctional
3 employees subject to the provisions of this section.
4 Sec. 150. K.S.A. 1997 Supp. 74-4916 is hereby amended to read as
5 follows: 74-4916. (1) Upon the death of a member before retirement, the
6 member's accumulated contributions shall be paid to the member's ben-
7 eficiary.
8 (2) (a) In the event that a member dies before retirement as a result
9 of an accident arising out of and in the course of the member's actual
10 performance of duty in the employ of a participating employer inde-
11 pendent of all other causes and not as a result of a willfully negligent or
12 intentional act of the member, an accidental death benefit shall be pay-
13 able if: (A) A report of the accident, in a form acceptable to the board, is
14 filed in the office of the executive secretary of the board within 60 days
15 after the date of the accident causing such death and an application for
16 such benefit, in such form and manner as the board shall prescribe, is
17 filed in the office of the executive secretary of the board within two years
18 of the date of the accident, but the board may waive such time limits for
19 a reasonable period if in the judgment of the board the failure to meet
20 these limits was due to lack of knowledge or incapacity; and (B) the board
21 finds from such evidence as it may require, to be submitted in such form
22 and manner as it shall prescribe, that the natural and proximate cause of
23 death was the result of an accident arising out of and in the course of the
24 member's employment with a participating employer independent of all
25 other causes at a definite time and place. Such accidental death benefit
26 shall be a lump-sum amount of $50,000 and an annual amount of 1/2 of
27 the member's final average salary which shall accrue from the first day of
28 the month following the date of death and which shall be payable in
29 monthly installments or as the board may direct, but, after June 30, 1982,
30 in no case shall the accidental death benefit be less than $100 per month.
31 The accidental death benefit payments shall be paid to the surviving
32 spouse of such deceased member, such payments to continue so long as
33 such surviving spouse lives or if there is no surviving spouse, or in the
34 case the spouse dies before the youngest child of such deceased member
35 attains age 18 or before the youngest child of such deceased member
36 attains age 23 years, if such child is a full-time student as provided in
37 K.S.A. 74-49,117 and amendments thereto or if there are one or more
38 children of the member who are totally disabled and dependent on the
39 member or spouse, then to the child or children of such member under
40 age 18 or under age 23, if such child or children are full-time students as
41 provided in K.S.A. 74-49,117 and amendments thereto and to the child
42 or children of the member who are totally disabled and dependent on
43 the member or spouse, divided in such manner as the board in its dis-

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1 cretion shall determine, to continue until the youngest surviving child
2 dies or attains age 18 or attains age 23 if such child is a full-time student
3 as provided in K.S.A. 79-49,117 and amendments thereto or, in the case
4 of the child or children who are totally disabled and dependent on the
5 member or spouse, until death or until no longer totally disabled, or if
6 there is no surviving spouse or child eligible for accidental death benefits
7 under this subsection (2) at the time of the member's death, then to the
8 parent or parents of such member who are dependent on such member,
9 to continue until the last such parent dies. All payments due under this
10 subsection (2) to a minor shall be made to a legally appointed conservator
11 of such minor or totally disabled child as provided in subsection (7) of
12 K.S.A. 74-4902 and amendments thereto. Commencing on the effective
13 date of this act, any surviving spouse, who was receiving benefits pursuant
14 to this section and who had such benefits terminated by reason of such
15 spouse's remarriage, shall be entitled to once again receive benefits pur-
16 suant to this section, except that such surviving spouse shall not be enti-
17 tled to recover any benefits not received after the termination of benefits
18 by reason of such surviving spouse's remarriage but before the effective
19 date of this act.
20 (b) In construction of this section of the act there shall be no pre-
21 sumption that the death of the member was the result of an accident nor
22 shall there be a liberal interpretation of the law or evidence in favor of
23 the person claiming under this subsection (2). In the event of the death
24 of a member resulting from a heart, circulatory or respiratory condition
25 there must be clear and precise evidence that death was the result of an
26 accident independent of all other causes which arose out of and in the
27 course of the member's actual performance of duties in the employ of a
28 participating employer.
29 (c) The annual benefit under this subsection (2) shall be reduced by
30 any workers compensation benefit payable. If the workers compensation
31 benefit is paid in a lump sum, the amount of such reduction shall be
32 calculated on a monthly basis over the period of time for which workers
33 compensation benefits would have been payable had such lump sum not
34 been paid. For any recipient already in receipt of such benefits on the
35 effective date of this act, no change in the original reduction for workers
36 compensation benefits shall be applicable to benefits paid prior to July 1,
37 1994. In the event that a member should die as a result of an accident as
38 described in this subsection (2), all elections or options previously made
39 by the deceased member shall become void and of no effect whatsoever
40 and the retirement system shall be liable only for the accidental death
41 benefit, refund of accumulated contributions as described in subsection
42 (1) and any insured death benefit that may be due. The benefit payable
43 under this subsection (2) shall be known and referred to as the ``accidental

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1 death benefit.''
2 (3) (a) Upon the application of a member, or the member's appoint-
3 ing authority acting for the member, a member who is in the employ of
4 a participating employer and becomes totally and permanently disabled
5 for duty in the employ of a participating employer, by reason of an acci-
6 dent which occurred prior to July 1, 1975, may be retired by the board
7 if, (A) the board finds the total and permanent disability to be the natural
8 and proximate result of an accident causing personal injury or disease
9 independent of all other causes and arising out of and in the course of
10 the member's actual performance of duties as an employee of a partici-
11 pating employer; and (B) a report of the accident, in a form acceptable
12 to the board is filed in the office of the executive secretary of the board
13 within 200 days after the date of the accident causing such injury; and
14 (C) such application for retirement under this provision, in such form and
15 manner as shall be prescribed by the board, is filed in the office of the
16 executive secretary of the board within two years of the date of the ac-
17 cident; and (D) after a medical examination of the member has been
18 made by or under the direction of a medical physician or physicians or
19 any other practitioner holding a valid license issued by the Kansas state
20 board of ~~healing arts~~ medical professions designated by the board and the
21 medical physician or physicians or any other practitioner holding a valid
22 license issued by the Kansas state board of ~~healing arts~~ medical profes-
23 sions report in writing to the board that the member is physically or
24 mentally totally disabled for duty in the employ of a participating em-
25 ployer and that such disability will probably be permanent; and (E) the
26 board finds that the member became permanently and totally disabled
27 on a date certain based on the evidence furnished and the professional
28 guidance obtained and that such disability was not the result of a willfully
29 negligent or intentional act of the member. If the board shall so retire
30 the applicant, the member shall receive annually an accidental total dis-
31 ability benefit equal to 1/2 of the member's final average salary which shall
32 accrue from the first day of the month following the date of such acci-
33 dental total and permanent disability as found by the board payable in
34 monthly installments or as the board may direct.
35 (b) In construction of this subsection (3) there shall be no presump-
36 tion that the disability of the member was the result of an accident nor
37 shall there be a liberal interpretation of the law or evidence in favor of
38 the member claiming under this subsection (3). In the event of the dis-
39 ability of a member resulting from a heart, circulatory or respiratory con-
40 dition there must be clear and precise evidence that disability was the
41 result of an accident independent of all other causes which arose out of
42 and in the course of the member's actual performance of duties in the
43 employ of a participating employer.

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1 (c) A member will continue to receive such accidental total disability
2 benefit so long as the member is wholly and continuously disabled by
3 such injury and prevented thereby from engaging in any gainful occu-
4 pation or employment for which the member is reasonably qualified by
5 reason of education, training or experience. The accidental loss of both
6 hands by actual severance through or above the wrist joint, or the acci-
7 dental loss of both feet by actual severance through or above the ankle
8 joint or the entire and irrecoverable accidental loss of sight of both eyes,
9 or such severance of one hand and one foot, and such severance of one
10 hand or one foot and such loss of sight of one eye, shall be deemed
11 accidental total and permanent disability and accidental total disability
12 benefits shall be paid so long as the member lives.
13 (d) Any retirant retired by reason of such accidental total and per-
14 manent disability who has been receiving benefits under the provisions
15 of this subsection (3) for a period of five years shall be deemed finally
16 retired and shall not be subject to further medical examinations, except
17 that if the board of trustees has reasonable grounds to question whether
18 the retirant remains totally and permanently disabled, a further medical
19 examination or examinations may be required. Refusal or neglect to sub-
20 mit to examination shall be sufficient cause for suspending or discontin-
21 uing the accidental total disability benefit. If the refusal or neglect con-
22 tinues for a period of one year, all of the member's rights with respect to
23 such accidental total disability benefit may be revoked by the board.
24 (e) In the event that a retirant who is receiving an accidental total
25 disability benefit dies within five years after the date of the retirant's
26 retirement, an accidental death benefit shall then be payable as provided
27 in subsection (2) of this section.
28 (f) A member who retires under the provisions of this subsection (3)
29 shall receive such benefits as provided in this subsection (3) in lieu of all
30 other retirement benefits provided under the retirement system except
31 that no member shall be entitled to receive any payments under this
32 subsection (3) for a period for which insured disability benefits are re-
33 ceived.
34 (g) The value, as determined by the board upon recommendation of
35 the actuary, of any workmen's compensation benefits paid or payable to
36 the recipient of an accidental total disability benefit shall be deducted
37 from the amount payable under this section.
38 (h) The benefit payable under subsection (3) of this section shall be
39 known and referred to as ``accidental total disability benefit.''
40 Sec. 151. K.S.A. 1997 Supp. 74-4960 is hereby amended to read as
41 follows: 74-4960. (1) If any active contributing member becomes totally
42 and permanently disabled due to service-connected causes as defined in
43 subsection (10) of K.S.A. 74-4952 and amendments thereto, such mem-

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1 ber shall be retired and the following benefits shall become payable and
2 shall continue until the member's death or until the member recovers
3 from the disability if: A report of the event in a form acceptable to the
4 board is filed in the office of the executive secretary of the board within
5 220 days after the date of the event or act of duty causing such disability;
6 and an application for such benefit, in such form and manner as the board
7 prescribes, is filed by the member or the member's authorized represen-
8 tative in the office of the executive secretary of the board within two years
9 of the date of disability:
10 (a) On and after July 1, 1993, the member shall receive a retirement
11 benefit equal to 50% of the member's final average salary or, if the mem-
12 ber has no dependents, as defined in subsection (1)(b), the retirement
13 benefit the member would have been entitled to as provided under K.S.A.
14 74-4958 and amendments thereto had the member retired, whichever is
15 greater. Such benefit shall accrue from the day upon which the member
16 ceases to draw compensation.
17 (b) Each of the member's children under the age of 18 years or each
18 of the member's children under the age of 23 years who is a full-time
19 student as provided in K.S.A. 74-49,117 and amendments thereto shall
20 receive an annual benefit equal to 10% of the member's final average
21 salary. Such benefit shall accrue from the day upon which the member
22 ceases to draw compensation and shall end on the last day of the month
23 in which each such child or children shall attain the age of 18 years or
24 die, whichever occurs earlier or in which such children attain the age of
25 23 years, if such child is a full-time student as provided in K.S.A. 74-
26 49,117 and amendments thereto. Commencing on the effective date of
27 this act, any child who was receiving benefits pursuant to this section and
28 who had such benefits terminated by reason of such child's marriage,
29 shall be entitled to once again receive benefits pursuant to this section
30 subject to the limitations contained in this section, except that such child
31 shall not be entitled to recover any benefits not received after the ter-
32 mination of benefits by reason of such child's marriage but before the
33 effective date of this act.
34 (c) In no case shall the total of the benefits payable under paragraphs
35 (a) and (b) of this subsection (1) be in excess of 75% of the member's
36 final average salary.
37 (d) In the event a member who is retired under subsection (1) dies
38 within two years after the date of such retirement and no benefits are
39 payable under subsection (3) of K.S.A. 74-4958 and amendments thereto,
40 then benefits may be payable under subsection (1) of K.S.A. 74-4959 and
41 amendments thereto.
42 (e) In the event a member who is retired under subsection (1) dies
43 more than two years after the date of such retirement, and the proximate

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1 cause of such death is the service-connected cause from which the disa-
2 bility resulted and no benefits are payable under subsection (3) of K.S.A.
3 74-4958 and amendments thereto, then benefits may be payable under
4 subsection (1) of K.S.A. 74-4959 and amendments thereto. The provisions
5 of this paragraph (e) of this subsection (1) shall apply in all cases of such
6 members who die after June 30, 1978.
7 (f) In the event a member who is retired under subsection (1) dies
8 after the date of such retirement, and no benefits are payable under
9 paragraphs (d) and (e) of subsection (1), nor under subsection (3) of
10 K.S.A. 74-4958 and amendments thereto, the following benefits shall be
11 payable:
12 (i) To the member's spouse, if lawfully wedded to the member at the
13 time of the member's death, a lump-sum benefit equal to 50% of the
14 member's final average salary at the time of the member's retirement.
15 (ii) To the member's spouse, if lawfully wedded to the member at
16 the time of the member's death, an annual benefit equal to 50% of the
17 member's retirement benefit payable in monthly installments, to accrue
18 from the first day of the month following the member's date of death and
19 ending on the last day of the month in which the spouse dies. Com-
20 mencing on the effective date of this act, any surviving spouse, who was
21 receiving benefits pursuant to this section and who had such benefits
22 terminated by reason of such spouse's remarriage, shall be entitled to
23 once again receive benefits pursuant to this section, except that such
24 surviving spouse shall not be entitled to recover any benefits not received
25 after the termination of benefits by reason of such surviving spouse's
26 remarriage but before the effective date of this act. If there is no surviving
27 spouse, or if after the death of the spouse there remain one or more
28 children under the age of 18 years or one or more children under the age
29 of 23 years who is a full-time student as provided in K.S.A. 74-49,117 and
30 amendments thereto, the annual spouse's benefit shall be payable in equal
31 shares to such children and each child's share shall end on the last day of
32 the month in which such child attains the age of 18 years or dies, which-
33 ever occurs earlier or in which such child attains the age of 23 years, if
34 such child is a full-time student as provided in K.S.A. 74-49,117 and
35 amendments thereto. Commencing on the effective date of this act, any
36 child who was receiving benefits pursuant to this section and who had
37 such benefits terminated by reason of such child's marriage, shall be en-
38 titled to once again receive benefits pursuant to this section subject to
39 the limitations contained in this section, except that such child shall not
40 be entitled to recover any benefits not received after the termination of
41 benefits by reason of such child's marriage but before the effective date
42 of this act.
43 The provisions of paragraph (f) of subsection (1) shall apply in all cases

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1 of such members who die after December 1, 1984.
2 (2) (a) If any active contributing member, prior to such member's
3 normal retirement, becomes totally and permanently disabled for a period
4 of 180 days from causes not service-connected, and not as the result of a
5 willfully negligent or intentional act of the member, such member shall
6 be retired and the following benefit shall become payable and shall con-
7 tinue until the member's death or until the member recovers from such
8 disability, whichever occurs first, if a report of the disability in a form
9 acceptable to the board is filed in the office of the executive secretary of
10 the board within 220 days after the date of the commencement of such
11 disability and if an application for such benefit in such form and manner
12 as the board shall prescribe is filed in the office of the executive secretary
13 of the board within two years of the date of disability:
14 A retirement benefit equal to 2.5% of the member's final average salary
15 multiplied by the number of years of credited service or the retirement
16 benefit the member would have been entitled to as provided under K.S.A.
17 74-4958 and amendments thereto had the member retired, whichever is
18 greater, multiplied by the number of years of credited service except that
19 such retirement benefit shall be at least equal to 25% of the member's
20 final average salary but shall not exceed the amount of the retirement
21 benefit provided in paragraph (a) of subsection (1). Such benefit shall not
22 become payable until satisfactory evidence shall be presented to the board
23 that the member is and has been totally and permanently disabled for a
24 period of 180 days, but benefits shall accrue from the day upon which
25 the member ceases to draw compensation.
26 (b) In the event a member who is retired under subsection (2) dies
27 after the date of such retirement, and no benefits are payable under
28 subsection (3) of K.S.A. 74-4958 and amendments thereto, the following
29 benefits shall be payable:
30 (i) To the member's spouse, if lawfully wedded to the member at the
31 time of the member's death, a lump-sum benefit equal to 50% of the
32 member's final average salary at the time of the member's retirement.
33 (ii) To the member's spouse, if lawfully wedded to the member at
34 the time of the member's death, an annual benefit equal to 50% of the
35 member's retirement benefit payable in monthly installments, to accrue
36 from the first day of the month following the member's date of death and
37 ending on the last day of the month in which the spouse dies. Com-
38 mencing on the effective date of this act, any surviving spouse, who was
39 receiving benefits pursuant to this section and who had such benefits
40 terminated by reason of such spouse's remarriage, shall be entitled to
41 once again receive benefits pursuant to this section, except that such
42 surviving spouse shall not be entitled to recover any benefits not received
43 after the termination of benefits by reason of such surviving spouse's

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1 remarriage but before the effective date of this act. If there is no surviving
2 spouse, or if after the death of the spouse there remain one or more
3 children under the age of 18 years or one or more children under the age
4 of 23 years who are full-time students as provided in K.S.A. 74-49,117
5 and amendments thereto, the annual spouse's benefit shall be payable in
6 equal shares to such children and each child's share shall end on the last
7 day of the month in which such child attains the age of 18 years or dies,
8 whichever occurs earlier or in which such child attains the age of 23 years,
9 if such child is a full-time student as provided in K.S.A. 74-49,117 and
10 amendments thereto. Commencing on the effective date of this act, any
11 child who was receiving benefits pursuant to this section and who had
12 such benefits terminated by reason of such child's marriage, shall be en-
13 titled to once again receive benefits pursuant to this section subject to
14 the limitations contained in this section, except that such child shall not
15 be entitled to recover any benefits not received after the termination of
16 benefits by reason of such child's marriage but before the effective date
17 of this act.
18 The provisions of paragraph (b) of subsection (2) shall apply in all cases
19 of such members who die after July 1, 1989.
20 (3) Any member who was employed for compensation by an em-
21 ployer other than the member's participating employer and whose disa-
22 bility was incurred in the course of such other employment shall not be
23 eligible for any of the benefits provided in subsection (2).
24 (4) If a member becomes totally and permanently disabled and no
25 benefits are payable under subsection (1) or (2), the sum of the member's
26 accumulated contributions shall be paid to the member.
27 (5) Any member receiving benefits under this section shall submit to
28 medical examination, not oftener than annually, by one or more physicians
29 or any other practitioners of the healing arts holding a valid license issued
30 by Kansas state board of healing arts or board of medical professions, as
31 the board of trustees may direct. If upon such medical examination, the
32 examiner's report to the board that the retirant is physically able and
33 capable of resuming employment with the participating employer from
34 whose employment such member retired, the disability benefits shall ter-
35 minate. A retirant who has been receiving benefits under the provisions
36 of this section and who returns to employment of a participating employer
37 shall immediately commence accruing service credit which shall be added
38 to that which has been accrued by virtue of previous service.
39 (6) Any retirant who has been receiving benefits under the provisions
40 of this section for a period of five years shall be deemed finally retired
41 and shall not be subject to further medical examinations, except that if
42 the board of trustees shall have reasonable grounds to question whether
43 the retirant remains totally and permanently disabled, a further medical

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1 examination or examinations may be required.
2 (7) Refusal or neglect to submit to examination as provided in sub-
3 section (5) shall be sufficient cause for suspending or discontinuing ben-
4 efit payments under this section and if such refusal or neglect shall con-
5 tinue for a period of one year, the member's rights in and to all benefits
6 under this system may be revoked by the board.
7 (8) Any retirement benefits payable under the provisions of this sec-
8 tion shall be in lieu of normal retirement benefits as provided in subsec-
9 tions (1) and (2) of K.S.A. 74-4958 and amendments thereto.
10 (9) Each member shall report to such member's participating em-
11 ployer any event or act of duty causing disability within 200 days after
12 such event or act of duty. The member's participating employer shall file
13 in the office of the executive secretary of the board, in a form acceptable
14 to the board, a report of the event or act of duty causing disability within
15 220 days after the event or act of duty.
16 (10) In any case of any event occurring prior to July 1, 1979, for which
17 a report of the event was made by the participating employer to the
18 director of workers' compensation in accordance with K.S.A. 44-557 and
19 amendments thereto, such report to the director of workers' compensa-
20 tion shall satisfy the requirement under subsection (1) of this section to
21 file a report of such event, in a form acceptable to the board within 220
22 days. No such report to the director of workers' compensation shall be
23 deemed to satisfy such requirement with respect to events occurring on
24 or after July 1, 1979.
25 (11) All payments due under this section to a minor shall be made to
26 a legally appointed conservator of such minor.
27 (12) The provisions of this section shall apply only to members who
28 were appointed or employed prior to July 1, 1989, and who did not make
29 an election pursuant to K.S.A. 74-4955a and amendments thereto.
30 Sec. 152. K.S.A. 1997 Supp. 74-4960a is hereby amended to read as
31 follows: 74-4960a. (1) If any active contributing member who is appointed
32 or employed on or after July 1, 1989, or who makes an election pursuant
33 to K.S.A. 74-4955a and amendments thereto to be covered by the pro-
34 visions of this act becomes disabled as defined in subsection (2), such
35 member shall receive a monthly benefit equal to 50% of the member's
36 final average salary at the time such member was disabled payable in
37 monthly installments, accruing from the first day upon which the member
38 ceases to draw compensation, if a report of the disability in such form
39 and manner as the board shall prescribe is filed in the office of the ex-
40 ecutive secretary of the board within 220 days after the date of the com-
41 mencement of such disability and if an application for such benefit in
42 such form and manner as the board shall prescribe is filed in the office
43 of the executive secretary of the board within two years of the date of the

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1 commencement of such disability.
2 (2) For the purposes of this section, ``disabled'' means total inability
3 to perform permanently the duties of the position of policeman or fire-
4 man.
5 (3) In the event a member who is disabled and entitled to such ben-
6 efits as provided in subsection (1) dies after the date of such disability,
7 and no benefits are payable under subsection (3) of K.S.A. 74-4958 and
8 amendments thereto, the following benefits shall be payable:
9 (i) To the member's spouse, if lawfully wedded to the member at the
10 time of the member's death, a lump-sum benefit equal to 50% of the
11 member's final average salary at the time such member was disabled.
12 (ii) To the member's spouse, if lawfully wedded to the member at
13 the time of the member's death, an annual benefit equal to 50% of the
14 member's benefit payable in monthly installments, to accrue from the
15 first day of the month following the member's date of death and ending
16 on the last day of the month in which the spouse dies. Commencing on
17 the effective date of this act, any surviving spouse, who was receiving
18 benefits pursuant to this section and who had such benefits terminated
19 by reason of such spouse's remarriage, shall be entitled to once again
20 receive benefits pursuant to this section, except that such surviving spouse
21 shall not be entitled to recover any benefits not received after the ter-
22 mination of benefits by reason of such surviving spouse's remarriage but
23 before the effective date of this act. If there is no surviving spouse, or if
24 after the death of the spouse there remain one or more children under
25 the age of 18 years or one or more children under the age of 23 years
26 who is a full-time student as provided in K.S.A. 74-49,117 and amend-
27 ments thereto, the annual spouse's benefit shall be payable in equal shares
28 to such children and each child's share shall end on the last day of the
29 month in which such child attains the age of 18 years or dies, whichever
30 occurs earlier or in which such child attains the age of 23 years, if such
31 child is a full-time student as provided in K.S.A. 74-49,117 and amend-
32 ments thereto. Commencing on the effective date of this act, any child
33 who was receiving benefits pursuant to this section and who had such
34 benefits terminated by reason of such child's marriage, shall be entitled
35 to once again receive benefits pursuant to this section subject to the lim-
36 itations contained in this section, except that such child shall not be en-
37 titled to recover any benefits not received after the termination of benefits
38 by reason of such child's marriage but before the effective date of this
39 act.
40 (4) Any member who was employed for compensation by an em-
41 ployer other than the member's participating employer and whose disa-
42 bility was incurred in the course of such other employment shall not be
43 eligible for any of the benefits provided in subsection (1) or (3).

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1 (5) If a member becomes totally and permanently disabled and no
2 benefits are payable under subsection (1), the sum of the member's ac-
3 cumulated contributions shall be paid to the member.
4 (6) Any member receiving benefits under this section shall submit to
5 medical examination, not oftener than annually, by one or more physicians
6 or any other practitioners of the healing arts holding a valid license issued
7 by Kansas state board of healing arts or board of medical professions, as
8 the board of trustees may direct. If upon such medical examination, the
9 examiner's report to the board that the member is physically able and
10 capable of resuming employment with the participating employer from
11 whose employment such member was employed prior to such member's
12 disability, the disability benefits shall terminate. A member who has been
13 receiving benefits under the provisions of this section and who returns to
14 employment of a participating employer shall immediately commence
15 accruing service credit which shall be added to that which has been ac-
16 crued by virtue of previous service.
17 (7) Any member who has been receiving benefits under the provi-
18 sions of this section for a period of five years shall be deemed permanent
19 and shall not be subject to further medical examinations, except that if
20 the board of trustees shall have reasonable grounds to question whether
21 the member remains totally and permanently disabled, a further medical
22 examination or examinations may be required.
23 (8) Refusal or neglect to submit to examination as provided in sub-
24 section (6) shall be sufficient cause for suspending or discontinuing ben-
25 efit payments under this section and if such refusal or neglect shall con-
26 tinue for a period of one year, the member's rights in and to all benefits
27 under this system may be revoked by the board.
28 (9) In the event that a member becomes disabled and is eligible for
29 benefits provided in this section, such member shall be given participating
30 service credit for the entire period of such disability.
31 (10) Any member who is receiving benefits pursuant to this section
32 shall file annually a statement of earnings for the previous year in such
33 form and manner as the board shall prescribe. Any disability benefit paid
34 to a member entitled to such benefit pursuant to this section shall be
35 reduced by the board in an amount equal to a $1 reduction in such benefit
36 for every $2 of earnings of such member which were earned during the
37 previous year while such member was disabled. Such reduction shall ap-
38 ply only to a member's earnings which exceed $10,000.
39 (11) Any benefits provided pursuant to this section and any partici-
40 pating service credit given pursuant to subsection (9) shall terminate upon
41 the earliest date such member is eligible for retirement upon attainment
42 of the normal retirement date as provided in K.S.A. 74-4964a and amend-
43 ments thereto.

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1 (12) Any member who has received benefits under the provisions of
2 this section for a period of five years or more immediately preceding
3 retirement shall have such member's final average salary adjusted upon
4 retirement by the actuarial salary assumption rates in existence during
5 such period. Effective July 1, 1993, each member's current annual rate
6 shall be adjusted upon retirement by 5% for each year of disability after
7 July 1, 1993.
8 (13) All payments due under this section to a minor shall be made to
9 a legally appointed conservator of such minor.
10 (14) The provisions of this section shall be effective on and after July
11 1, 1989 and shall apply only to members who were appointed or employed
12 prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-
13 4955a and amendments thereto; and persons appointed or employed on
14 or after July 1, 1989.
15 Sec. 153. K.S.A. 75-3717 is hereby amended to read as follows: 75-
16 3717. (a) As provided in this section, each state agency, not later than
17 October 1 of each year, shall file with the division of the budget its budget
18 estimates for the next fiscal year, and all amendments and revisions
19 thereof, except that, in lieu of such annual filing, each agency listed in
20 subsection (g), not later than October 1, 1994, and every two years there-
21 after, shall file budget estimates for the next fiscal year and for the ensuing
22 fiscal year thereafter. Each agency listed in subsection (g) may file ad-
23 justments to such agency's budget that was approved by the legislature
24 during a prior fiscal year. All such budget estimates shall be in the form
25 provided by the director of the budget. Each agency's budget estimates
26 shall include:
27 (1) A full explanation of the agency's request for any appropriations
28 for the expansion of present services or the addition of new activities,
29 including an estimate of the anticipated expenditures for the next fiscal
30 year and for each of the three ensuing fiscal years which would be re-
31 quired to support each expansion of present services or addition of new
32 services as requested by the state agency; and
33 (2) a listing of all programs of the agency that provide services for
34 children and their families and the following information regarding each
35 such program: Of the amount of the agency's request for appropriations
36 to fund the program, that amount which will be spent on services for
37 children or families with children and the number of children or families
38 with children who are served by the program.
39 (b) At the same time as each state agency submits to the division of
40 the budget a copy of its budget estimate, and all amendments and revi-
41 sions thereof, each such state agency shall submit a copy of such estimate,
42 and all amendments and revisions thereof, directly to the legislative re-
43 search department for legislative use.

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1 (c) The director of the budget shall require the agencies to submit a
2 sufficient number of copies of their budget estimates, and all amendments
3 and revisions thereof, to the director's office to satisfy the requirements
4 of such office and one additional copy for legislative use which shall be
5 retained in the division of the budget until the budget of the governor is
6 submitted to the legislature. On or before the day that such budget is
7 submitted to the legislature such legislative use copy, posted to reflect
8 the governor's budget recommendations, shall be submitted to the leg-
9 islative research department for use by the ways and means committee
10 of the senate and the committee on appropriations of the house of rep-
11 resentatives. Following presentation of the governor's budget report to
12 the legislature, the legislative research department may request and shall
13 receive detailed information from the division of the budget on the gov-
14 ernor's budget recommendations.
15 (d) The director of the budget may prepare budget estimates for any
16 state agency failing to file a request.
17 (e) As used in this section, ``services for children and their families''
18 includes but is not limited to any of the following services, whether pro-
19 vided directly or made accessible through subsidies or other payments:
20 (1) Financial support for children and families with children or en-
21 forcement of the obligation to support a child or a family with one or
22 more children;
23 (2) prenatal care, health care for children or immunizations for chil-
24 dren;
25 (3) mental health or retardation services for children;
26 (4) nutrition for children or families with children or nutritional coun-
27 seling or supplements for pregnant or nursing women;
28 (5) child care, early childhood education or parenting education;
29 (6) licensure or regulation of child care or early childhood education
30 programs;
31 (7) treatment, counseling or other services to preserve families;
32 (8) care, treatment, placement or adoption of children without func-
33 tioning families;
34 (9) services to prevent child abuse and to treat and protect child
35 abuse victims;
36 (10) services for children who are pregnant, substance abusers or oth-
37 erwise involved in high risk behavior;
38 (11) services related to court proceedings involving children; and
39 (12) youth employment services.
40 (f) On a biennial basis, the following state agencies shall file budget
41 estimates under the provisions of subsection (a): Abstracters' board of
42 examiners, behavioral sciences regulatory board, board of accountancy,
43 board of examiners in optometry, board of nursing, consumer credit com-

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1 missioner, Kansas board of barbering, Kansas board of examiners in fitting
2 and dispensing of hearing aids, Kansas dental board, Kansas real estate
3 commission, Kansas state board of cosmetology, office of the securities
4 commissioner of Kansas, real estate appraisal board, state bank commis-
5 sioner, state board of healing arts, state board of medical professions, state
6 board of mortuary arts, state board of pharmacy, state board of technical
7 professions, state board of veterinary examiners and state department of
8 credit unions.
9 Sec. 154. K.S.A. 75-6102 is hereby amended to read as follows: 75-
10 6102. As used in K.S.A. 75-6101 through 75-6118, and amendments
11 thereto, unless the context clearly requires otherwise:
12 (a) ``State'' means the state of Kansas and any department or branch
13 of state government, or any agency, authority, institution or other instru-
14 mentality thereof.
15 (b) ``Municipality'' means any county, township, city, school district
16 or other political or taxing subdivision of the state, or any agency, au-
17 thority, institution or other instrumentality thereof.
18 (c) ``Governmental entity'' means state or municipality.
19 (d) ``Employee'' means any officer, employee, servant or member of
20 a board, commission, committee, division, department, branch or council
21 of a governmental entity, including elected or appointed officials and
22 persons acting on behalf or in service of a governmental entity in any
23 official capacity, whether with or without compensation and a charitable
24 health care provider. Employee includes any steward or racing judge ap-
25 pointed pursuant to K.S.A. 74-8818, and amendments thereto, regardless
26 of whether the services of such steward or racing judge are rendered
27 pursuant to contract as an independent contractor, but does not otherwise
28 include any independent contractor under contract with a governmental
29 entity except (1) employees of the United States marshal's service en-
30 gaged in the transportation of inmates on behalf of the secretary of cor-
31 rections, (2) a person who is an employee of a nonprofit independent
32 contractor, other than a municipality, under contract to provide educa-
33 tional or vocational training to inmates in the custody of the secretary of
34 corrections and who is engaged in providing such service in an institution
35 under the control of the secretary of corrections provided that such em-
36 ployee does not otherwise have coverage for such acts and omissions
37 within the scope of their employment through a liability insurance con-
38 tract of such independent contractor; and (3) a person who is an employee
39 of a nonprofit program, other than a municipality, who has contracted
40 with the commissioner of juvenile justice or with another nonprofit pro-
41 gram that has contracted with the commissioner of juvenile justice to
42 provide a juvenile justice program for juvenile offenders in a judicial dis-
43 trict provided that such employee does not otherwise have coverage for

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1 such acts and omissions within the scope of their employment through a
2 liability insurance contract of such nonprofit program. ``Employee'' also
3 includes an employee of an indigent health care clinic. ``Employee'' also
4 includes former employees for acts and omissions within the scope of
5 their employment during their former employment with the govern-
6 mental entity.
7 (e) ``Community service work'' means public or community service
8 performed by a person (1) as a result of a contract of diversion entered
9 into by such person as authorized by law, (2) pursuant to the assignment
10 of such person by a court to a community corrections program, (3) as a
11 result of suspension of sentence or as a condition of probation pursuant
12 to court order, (4) in lieu of a fine imposed by court order or (5) as a
13 condition of placement ordered by a court pursuant to K.S.A. 38-1663,
14 and amendments thereto.
15 (f) ``Charitable health care provider'' means a person licensed by the
16 state board of healing arts or state board of medical professions as an
17 exempt licensee or a federally active licensee, a person issued a limited
18 permit by the state board of healing arts, a physician's assistant registered
19 by the state board of ~~healing arts~~ medical professions or a health care
20 provider as the term ``health care provider'' is defined under K.S.A. 65-
21 4921, and amendments thereto, who has entered into an agreement with:
22 (1) The secretary of health and environment under K.S.A. 75-6120,
23 and amendments thereto, who, pursuant to such agreement, gratuitously
24 renders professional services to a person who has provided information
25 which would reasonably lead the health care provider to make the good
26 faith assumption that such person meets the definition of medically in-
27 digent person as defined by this section or to a person receiving medical
28 assistance from the programs operated by the department of social and
29 rehabilitation services, and who is considered an employee of the state of
30 Kansas under K.S.A. 75-6120, and amendments thereto;
31 (2) the secretary of health and environment and who, pursuant to
32 such agreement, gratuitously renders professional services in conducting
33 children's immunization programs administered by the secretary; or
34 (3) a local health department or indigent health care clinic, which
35 renders professional services to medically indigent persons or persons
36 receiving medical assistance from the programs operated by the depart-
37 ment of social and rehabilitation services gratuitously or for a fee paid by
38 the local health department or indigent health care clinic to such provider
39 and who is considered an employee of the state of Kansas under K.S.A.
40 75-6120 and amendments thereto. Professional services rendered by a
41 provider under this paragraph (3) shall be considered gratuitous notwith-
42 standing fees based on income eligibility guidelines charged by a local
43 health department or indigent health care clinic and notwithstanding any

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1 fee paid by the local health department or indigent health care clinic to
2 a provider in accordance with this paragraph (3).
3 (g) ``Medically indigent person'' means a person who lacks resources
4 to pay for medically necessary health care services and who meets the
5 eligibility criteria for qualification as a medically indigent person estab-
6 lished by the secretary of health and environment under K.S.A. 75-6120,
7 and amendments thereto.
8 (h) ``Indigent health care clinic'' means an outpatient medical care
9 clinic operated on a not-for-profit basis which has a contractual agreement
10 in effect with the secretary of health and environment to provide health
11 care services to medically indigent persons.
12 (i) ``Local health department'' shall have the meaning ascribed to such
13 term under K.S.A. 65-241 and amendments thereto.
14 Sec. 155. K.S.A. 76-387 is hereby amended to read as follows: 76-
15 387. (a) There is hereby established the Kansas medical residency bridg-
16 ing program at the university of Kansas school of medicine which shall
17 be developed and implemented in order to provide encouragement, op-
18 portunities and incentives for persons in primary care residency training
19 programs in general pediatrics, general internal medicine, family medi-
20 cine or family practice, which are operated by or affiliated with the uni-
21 versity of Kansas school of medicine or other such primary care residency
22 training program which is operated in Kansas and approved by the state
23 board of ~~healing arts~~ medical professions and a person under subsection
24 (i) to locate their medical practice in rural Kansas communities upon
25 completion of such residency training. The Kansas medical residency
26 bridging program shall be administered by the institute for rural health
27 care of the university of Kansas school of medicine.
28 (b) Subject to the provisions of appropriation acts, the university of
29 Kansas school of medicine may enter into residency bridging loan agree-
30 ments, in accordance with the provisions of this section, (A) with any
31 person who has completed the first year of a primary care residency train-
32 ing program in general pediatrics, general internal medicine, family med-
33 icine or family practice, which is operated by or affiliated with the uni-
34 versity of Kansas school of medicine or other such primary care residency
35 training program which is operated in Kansas and approved by the state
36 board of ~~healing arts~~ medical professions and (B) with a person under
37 subsection (i).
38 (c) Subject to the provisions of appropriation acts, each person en-
39 tering into a residency bridging loan agreement under this section shall
40 receive a payment of $5,000 each year of primary care residency training,
41 or any part of a year of such training, after the date that the residency
42 bridging loan agreement is entered into by the resident and the university
43 of Kansas school of medicine and, upon completion of the primary care

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1 residency training program, a payment of $6,000.
2 (d) Each residency bridging loan agreement shall require that the
3 person receiving the loan:
4 (1) Complete the primary care residency training program;
5 (2) engage in the full-time practice of medicine and surgery in any
6 county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee or
7 Wyandotte for three years under a practice commitment agreement;
8 (3) commence such full-time practice of medicine and surgery within
9 90 days after completing the primary care residency training program;
10 and
11 (4) upon failure to satisfy the obligation to engage in the full-time
12 practice of medicine and surgery in accordance with the provisions of the
13 residency bridging loan agreement and this section, the person receiving
14 the loan under this section shall repay to the university of Kansas school
15 of medicine, within 90 days of such failure, the amount equal to the
16 amount of money received by such person from the university of Kansas
17 school of medicine, less credits earned, under such agreement plus in-
18 terest at the annual rate of 15% from the date such money was received.
19 (e) An obligation to engage in the practice of medicine and surgery
20 in accordance with the provisions of a residency bridging loan agreement
21 and this section shall be postponed during (1) any period of temporary
22 medical disability during which the person obligated is unable to practice
23 medicine and surgery because of such medical disability, or (2) any other
24 period of postponement agreed to or determined in accordance with cri-
25 teria agreed to in the practice commitment agreement.
26 (f) An obligation to engage in the practice of medicine and surgery
27 in accordance with the provisions of a residency bridging loan agreement
28 and this section shall be satisfied: (1) If the obligation to engage in the
29 practice of medicine and surgery in accordance with such agreement has
30 been completed, (2) if the person obligated dies, or (3) if, because of
31 permanent physical disability, the person obligated is unable to practice
32 medicine and surgery.
33 (g) The university of Kansas school of medicine may adopt additional
34 provisions, requirements or conditions for participation in the Kansas
35 medical residency bridging program as are practicable and appropriate to
36 accomplish the purposes of the program or as may be required for the
37 implementation or administration of the program and, in any case, as are
38 not inconsistent with the provisions of this section or the provisions of
39 appropriation acts.
40 (h) As used in this section, ``practice commitment agreement'' means
41 an agreement to commence the full-time practice of medicine and sur-
42 gery in a city located in any county in Kansas other than Douglas, Johnson,
43 Sedgwick, Shawnee or Wyandotte county, which (1) was entered into (A)

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1 by a person in a primary care residency training program in general pe-
2 diatrics, general internal medicine, family medicine or family practice,
3 that is operated by or affiliated with the university of Kansas school of
4 medicine or other such primary care residency training program which is
5 operated in Kansas and approved by the state board of   ~~healing arts~~ med-
6 ical professions, or (B) by a person under subsection (i) with the city
7 where such practice is to commence or another contracting entity other
8 than the university of Kansas school of medicine that is representative of
9 the interests of such city, and (2) provides benefits to such person that
10 have an aggregate monetary value equal to or greater than the aggregate
11 amount of payments to such person from the university of Kansas school
12 of medicine under a residency bridging loan agreement under this sec-
13 tion.
14 (i) A person who graduated from the university of Kansas school of
15 medicine prior to July 1, 1992, who has completed the first year of a
16 primary care residency training program in family practice which is op-
17 erated outside the state of Kansas and who has entered into a practice
18 commitment agreement with the north central Kansas health care foun-
19 dation is eligible to enter into a residency bridging loan agreement under
20 this section.
21 Sec. 156. K.S.A. 79-201a is hereby amended to read as follows: 79-
22 201a. The following described property, to the extent herein specified,
23 shall be exempt from all property or ad valorem taxes levied under the
24 laws of the state of Kansas:
25 First. All property belonging exclusively to the United States, except
26 property which congress has expressly declared to be subject to state and
27 local taxation.
28 Second. All property used exclusively by the state or any municipality
29 or political subdivision of the state. All property owned, being acquired
30 pursuant to a lease-purchase agreement or operated by the state or any
31 municipality or political subdivision of the state, including property which
32 is vacant or lying dormant, which is used or is to be used for any govern-
33 mental or proprietary function and for which bonds may be issued or
34 taxes levied to finance the same, shall be considered to be used exclusively
35 by the state, municipality or political subdivision for the purposes of this
36 section. The lease by a municipality or political subdivision of the state
37 of any real property owned or being acquired pursuant to a lease-purchase
38 agreement for the purpose of providing office space necessary for the
39 performance of medical services by a person licensed to practice medicine
40 and surgery or osteopathic medicine by the board of   ~~healing arts~~ medical
41 professions pursuant to   ~~K.S.A. 65-2801~~ section 1 et seq., and amendments
42 thereto, dentistry services by a person licensed by the Kansas dental board
43 pursuant to K.S.A. 65-1401 et seq., and amendments thereto, optometry

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1 services by a person licensed by the board of examiners in optometry
2 pursuant to K.S.A. 65-1501 et seq., and amendments thereto, or K.S.A.
3 74-1501 et seq., and amendments thereto or podiatry services by a person
4 licensed by the board of healing arts pursuant to K.S.A. 65-2001 et seq.,
5 and amendments thereto, shall be construed to be a governmental func-
6 tion, and such property actually and regularly used for such purpose shall
7 be deemed to be used exclusively for the purposes of this paragraph. The
8 lease by a municipality or political subdivision of the state of any real
9 property, or portion thereof, owned or being acquired pursuant to a lease-
10 purchase agreement to any entity for the exclusive use by it for an exempt
11 purpose, including the purpose of displaying or exhibiting personal prop-
12 erty by a museum or historical society, if no portion of the lease payments
13 include compensation for return on the investment in such leased prop-
14 erty shall be deemed to be used exclusively for the purposes of this par-
15 agraph. All property leased, other than property being acquired pursuant
16 to a lease-purchase agreement, to the state or any municipality or political
17 subdivision of the state by any private entity shall not be considered to
18 be used exclusively by the state or any municipality or political subdivision
19 of the state for the purposes of this section except that the provisions of
20 this sentence shall not apply to any such property subject to lease on the
21 effective date of this act until the term of such lease expires but property
22 taxes levied upon any such property prior to tax year 1989, shall not be
23 abated or refunded. Any property constructed or purchased with the pro-
24 ceeds of industrial revenue bonds issued prior to July 1, 1963, as author-
25 ized by K.S.A. 12-1740 to 12-1749, or purchased with proceeds of im-
26 provement district bonds issued prior to July 1, 1963, as authorized by
27 K.S.A. 19-2776, or with proceeds of bonds issued prior to July 1, 1963,
28 as authorized by K.S.A. 19-3815a and 19-3815b, or any property im-
29 proved, purchased, constructed, reconstructed or repaired with the pro-
30 ceeds of revenue bonds issued prior to July 1, 1963, as authorized by
31 K.S.A. 13-1238 to 13-1245, inclusive, or any property improved, reim-
32 proved, reconstructed or repaired with the proceeds of revenue bonds
33 issued after July 1, 1963, under the authority of K.S.A. 13-1238 to 13-
34 1245, inclusive, which had previously been improved, reconstructed or
35 repaired with the proceeds of revenue bonds issued under such act on or
36 before July 1, 1963, shall be exempt from taxation for so long as any of
37 the revenue bonds issued to finance such construction, reconstruction,
38 improvement, repair or purchase shall be outstanding and unpaid. Any
39 property constructed or purchased with the proceeds of any revenue
40 bonds authorized by K.S.A. 13-1238 to 13-1245, inclusive, 19-2776, 19-
41 3815a and 19-3815b, and amendments thereto, issued on or after July 1,
42 1963, shall be exempt from taxation only for a period of 10 calendar years
43 after the calendar year in which the bonds were issued. Any property, all

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1 or any portion of which is constructed or purchased with the proceeds of
2 revenue bonds authorized by K.S.A. 12-1740 to 12-1749, inclusive, and
3 amendments thereto, issued on or after July 1, 1963 and prior to July 1,
4 1981, shall be exempt from taxation only for a period of 10 calendar years
5 after the calendar year in which the bonds were issued. Except as here-
6 inafter provided, any property constructed or purchased wholly with the
7 proceeds of revenue bonds issued on or after July 1, 1981, under the
8 authority of K.S.A. 12-1740 to 12-1749, inclusive, and amendments
9 thereto, shall be exempt from taxation only for a period of 10 calendar
10 years after the calendar year in which the bonds were issued. Except as
11 hereinafter provided, any property constructed or purchased in part with
12 the proceeds of revenue bonds issued on or after July 1, 1981, under the
13 authority of K.S.A. 12-1740 to 12-1749, inclusive, and amendments
14 thereto, shall be exempt from taxation to the extent of the value of that
15 portion of the property financed by the revenue bonds and only for a
16 period of 10 calendar years after the calendar year in which the bonds
17 were issued. The exemption of that portion of the property constructed
18 or purchased with the proceeds of revenue bonds shall terminate upon
19 the failure to pay all taxes levied on that portion of the property which is
20 not exempt and the entire property shall be subject to sale in the manner
21 prescribed by K.S.A. 79-2301 et seq., and amendments thereto. Property
22 constructed or purchased in whole or in part with the proceeds of revenue
23 bonds issued on or after January 1, 1995, under the authority of K.S.A.
24 12-1740 to 12-1749, inclusive, and amendments thereto, and used in any
25 retail enterprise identified under the standard industrial classification
26 codes, major groups 52 through 59, inclusive, except facilities used exclu-
27 sively to house the headquarters or back office operations of such retail
28 enterprises identified thereunder, shall not be exempt from taxation. For
29 the purposes of the preceding provision ``standard industrial classification
30 code'' means a standard industrial classification code published in the
31 Standard Industrial Classification manual, 1987, as prepared by the sta-
32 tistical policy division of the office of management and budget of the
33 office of the president of the United States. ``Headquarters or back office
34 operations'' means a facility from which the enterprise is provided direc-
35 tion, management, administrative services, or distribution or warehousing
36 functions in support of transactions made by the enterprise. Property
37 purchased, constructed, reconstructed, equipped, maintained or repaired
38 with the proceeds of industrial revenue bonds issued under the authority
39 of K.S.A. 12-1740 et seq., and amendments thereto, which is located in a
40 redevelopment project area established under the authority of K.S.A. 12-
41 1770 et seq. shall not be exempt from taxation. Property purchased, ac-
42 quired, constructed, reconstructed, improved, equipped, furnished, re-
43 paired, enlarged or remodeled with all or any part of the proceeds of

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1 revenue bonds issued under authority of K.S.A. 12-1740 to 12-1749a,
2 inclusive, and amendments thereto for any poultry confinement facility
3 on agricultural land which is owned, acquired, obtained or leased by a
4 corporation, as such terms are defined by K.S.A. 17-5903 and amend-
5 ments thereto, shall not be exempt from such taxation. Property pur-
6 chased, acquired, constructed, reconstructed, improved, equipped, fur-
7 nished, repaired, enlarged or remodeled with all or any part of the
8 proceeds of revenue bonds issued under the authority of K.S.A. 12-1740
9 to 12-1749a, inclusive, and amendments thereto, for a rabbit confinement
10 facility on agricultural land which is owned, acquired, obtained or leased
11 by a corporation, as such terms are defined by K.S.A. 17-5903 and amend-
12 ments thereto, shall not be exempt from such taxation.
13 Third. All works, machinery and fixtures used exclusively by any rural
14 water district or township water district for conveying or production of
15 potable water in such rural water district or township water district, and
16 all works, machinery and fixtures used exclusively by any entity which
17 performed the functions of a rural water district on and after January 1,
18 1990, and the works, machinery and equipment of which were exempted
19 hereunder on March 13, 1995.
20 Fourth. All fire engines and other implements used for the extinguish-
21 ment of fires, with the buildings used exclusively for the safekeeping
22 thereof, and for the meeting of fire companies, whether belonging to any
23 rural fire district, township fire district, town, city or village, or to any fire
24 company organized therein or therefor.
25 Fifth. All property, real and personal, owned by county fair associations
26 organized and operating under the provisions of K.S.A. 2-125 et seq. and
27 amendments thereto.
28 Sixth. Property acquired and held by any municipality under the mu-
29 nicipal housing law (K.S.A. 17-2337 et seq.) and amendments thereto,
30 except that such exemption shall not apply to any portion of the project
31 used by a nondwelling facility for profit making enterprise.
32 Seventh. All property of a municipality, acquired or held under and for
33 the purposes of the urban renewal law (K.S.A. 17-4742 et seq.) and
34 amendments thereto except that such tax exemption shall terminate when
35 the municipality sells, leases or otherwise disposes of such property in an
36 urban renewal area to a purchaser or lessee which is not a public body
37 entitled to tax exemption with respect to such property.
38 Eighth. All property acquired and held by the Kansas armory board for
39 armory purposes under the provisions of K.S.A. 48-317, and amendments
40 thereto.
41 Ninth. All property acquired and used by the Kansas turnpike authority
42 under the authority of K.S.A. 68-2001 et seq., and amendments thereto,
43 K.S.A. 68-2030 et seq., and amendments thereto, K.S.A. 68-2051 et seq.,

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1 and amendments thereto, and K.S.A. 68-2070 et seq., and amendments
2 thereto.
3 Tenth. All property acquired and used for state park purposes by the
4 Kansas department of wildlife and parks.
5 Eleventh. The state office building constructed under authority of
6 K.S.A. 75-3607 et seq., and amendments thereto, and the site upon which
7 such building is located.
8 Twelfth. All buildings erected under the authority of K.S.A. 76-6a01 et
9 seq., and amendments thereto, and all other student union buildings and
10 student dormitories erected upon the campus of any institution men-
11 tioned in K.S.A. 76-6a01, and amendments thereto, by any other non-
12 profit corporation.
13 Thirteenth. All buildings, as the same is defined in subsection (c) of
14 K.S.A. 76-6a13, and amendments thereto, which are erected, constructed
15 or acquired under the authority of K.S.A. 76-6a13 et seq., and amend-
16 ments thereto, and building sites acquired therefor.
17 Fourteenth. All that portion of the waterworks plant and system of the
18 city of Kansas City, Missouri, now or hereafter located within the territory
19 of the state of Kansas pursuant to the compact and agreement adopted
20 by chapter 304 of the 1921 Session Laws of the state of Kansas. See K.S.A.
21 79-205 .
22 Fifteenth. All property, real and personal, owned by a groundwater
23 management district organized and operating pursuant to K.S.A. 82a-
24 1020, and amendments thereto.
25 Sixteenth. All property, real and personal, owned by the joint water
26 district organized and operating pursuant to K.S.A. 80-1616 et seq., and
27 amendments thereto.
28 Seventeenth. All property, including interests less than fee ownership,
29 acquired for the state of Kansas by the secretary of transportation or a
30 predecessor in interest which is used in the administration, construction,
31 maintenance or operation of the state system of highways, regardless of
32 how or when acquired.
33 Eighteenth. Any building used primarily as an industrial training center
34 for academic or vocational education programs designed for and operated
35 under contract with private industry, and located upon a site owned,
36 leased or being acquired by or for an area vocational school, an area
37 vocational-technical school, a technical college, or a community college,
38 as defined by K.S.A. 72-4412, and amendments thereto, and the site upon
39 which any such building is located.
40 Except as otherwise specifically provided, the provisions of this section
41 shall apply to all taxable years commencing after December 31, 1996.
42 Sec. 157. K.S.A. 79-3606 is hereby amended to read as follows: 79-
43 3606. The following shall be exempt from the tax imposed by this act:

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1 (a) All sales of motor-vehicle fuel or other articles upon which a sales
2 or excise tax has been paid, not subject to refund, under the laws of this
3 state except cigarettes as defined by K.S.A. 79-3301 and amendments
4 thereto, cereal malt beverages and malt products as defined by K.S.A. 79-
5 3817 and amendments thereto, including wort, liquid malt, malt syrup
6 and malt extract, which is not subject to taxation under the provisions of
7 K.S.A. 79-41a02 and amendments thereto, and motor vehicles as defined
8 by K.S.A. 79-1017 and amendments thereto;
9 (b) all sales of tangible personal property or service, including the
10 renting and leasing of tangible personal property, purchased directly by
11 the state of Kansas, a political subdivision thereof, other than a school or
12 educational institution, or purchased by a public or private nonprofit hos-
13 pital or nonprofit blood, tissue or organ bank and used exclusively for
14 state, political subdivision, hospital or nonprofit blood, tissue or organ
15 bank purposes, except when: (1) Such state or hospital is engaged or
16 proposes to engage in any business specifically taxable under the provi-
17 sions of this act and such items of tangible personal property or service
18 are used or proposed to be used in such business, or (2) such political
19 subdivision is engaged or proposes to engage in the business of furnishing
20 gas, water, electricity or heat to others and such items of personal prop-
21 erty or service are used or proposed to be used in such business;
22 (c) all sales of tangible personal property or services, including the
23 renting and leasing of tangible personal property, purchased directly by
24 a public or private elementary or secondary school or public or private
25 nonprofit educational institution and used primarily by such school or
26 institution for nonsectarian programs and activities provided or sponsored
27 by such school or institution or in the erection, repair or enlargement of
28 buildings to be used for such purposes. The exemption herein provided
29 shall not apply to erection, construction, repair, enlargement or equip-
30 ment of buildings used primarily for human habitation;
31 (d) all sales of tangible personal property or services purchased by a
32 contractor for the purpose of constructing, equipping, reconstructing,
33 maintaining, repairing, enlarging, furnishing or remodeling facilities for
34 any public or private nonprofit hospital, public or private elementary or
35 secondary school or a public or private nonprofit educational institution,
36 which would be exempt from taxation under the provisions of this act if
37 purchased directly by such hospital, school or educational institution; and
38 all sales of tangible personal property or services purchased by a contrac-
39 tor for the purpose of constructing, equipping, reconstructing, maintain-
40 ing, repairing, enlarging, furnishing or remodeling facilities for any polit-
41 ical subdivision of the state, the total cost of which is paid from funds of
42 such political subdivision and which would be exempt from taxation under
43 the provisions of this act if purchased directly by such political subdivision.

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1 Nothing in this subsection or in the provisions of K.S.A. 12-3418 and
2 amendments thereto, shall be deemed to exempt the purchase of any
3 construction machinery, equipment or tools used in the constructing,
4 equipping, reconstructing, maintaining, repairing, enlarging, furnishing
5 or remodeling facilities for any political subdivision of the state. As used
6 in this subsection, K.S.A. 12-3418 and 79-3640, and amendments thereto,
7 ``funds of a political subdivision'' shall mean general tax revenues, the
8 proceeds of any bonds and gifts or grants-in-aid. Gifts shall not mean
9 funds used for the purpose of constructing, equipping, reconstructing,
10 repairing, enlarging, furnishing or remodeling facilities which are to be
11 leased to the donor. When any political subdivision of the state, public or
12 private nonprofit hospital, public or private elementary or secondary
13 school or public or private nonprofit educational institution shall contract
14 for the purpose of constructing, equipping, reconstructing, maintaining,
15 repairing, enlarging, furnishing or remodeling facilities, it shall obtain
16 from the state and furnish to the contractor an exemption certificate for
17 the project involved, and the contractor may purchase materials for in-
18 corporation in such project. The contractor shall furnish the number of
19 such certificate to all suppliers from whom such purchases are made, and
20 such suppliers shall execute invoices covering the same bearing the num-
21 ber of such certificate. Upon completion of the project the contractor
22 shall furnish to the political subdivision, hospital, school or educational
23 institution concerned a sworn statement, on a form to be provided by the
24 director of taxation, that all purchases so made were entitled to exemption
25 under this subsection. As an alternative to the foregoing procedure, any
26 such contracting entity may apply to the secretary of revenue for agent
27 status for the sole purpose of issuing and furnishing project exemption
28 certificates to contractors pursuant to rules and regulations adopted by
29 the secretary establishing conditions and standards for the granting and
30 maintaining of such status. All invoices shall be held by the contractor for
31 a period of five years and shall be subject to audit by the director of
32 taxation. If any materials purchased under such a certificate are found
33 not to have been incorporated in the building or other project or not to
34 have been returned for credit or the sales or compensating tax otherwise
35 imposed upon such materials which will not be so incorporated in the
36 building or other project reported and paid by such contractor to the
37 director of taxation not later than the 20th day of the month following
38 the close of the month in which it shall be determined that such materials
39 will not be used for the purpose for which such certificate was issued, the
40 political subdivision, hospital, school or educational institution concerned
41 shall be liable for tax on all materials purchased for the project, and upon
42 payment thereof it may recover the same from the contractor together
43 with reasonable attorney fees. Any contractor or any agent, employee or

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1 subcontractor thereof, who shall use or otherwise dispose of any materials
2 purchased under such a certificate for any purpose other than that for
3 which such a certificate is issued without the payment of the sales or
4 compensating tax otherwise imposed upon such materials, shall be guilty
5 of a misdemeanor and, upon conviction therefor, shall be subject to the
6 penalties provided for in subsection (g) of K.S.A. 79-3615, and amend-
7 ments thereto;
8 (e) all sales of tangible personal property or services purchased by a
9 contractor for the erection, repair or enlargement of buildings or other
10 projects for the government of the United States, its agencies or instru-
11 mentalities, which would be exempt from taxation if purchased directly
12 by the government of the United States, its agencies or instrumentalities.
13 When the government of the United States, its agencies or instrumen-
14 talities shall contract for the erection, repair, or enlargement of any build-
15 ing or other project, it shall obtain from the state and furnish to the
16 contractor an exemption certificate for the project involved, and the con-
17 tractor may purchase materials for incorporation in such project. The
18 contractor shall furnish the number of such certificates to all suppliers
19 from whom such purchases are made, and such suppliers shall execute
20 invoices covering the same bearing the number of such certificate. Upon
21 completion of the project the contractor shall furnish to the government
22 of the United States, its agencies or instrumentalities concerned a sworn
23 statement, on a form to be provided by the director of taxation, that all
24 purchases so made were entitled to exemption under this subsection. As
25 an alternative to the foregoing procedure, any such contracting entity may
26 apply to the secretary of revenue for agent status for the sole purpose of
27 issuing and furnishing project exemption certificates to contractors pur-
28 suant to rules and regulations adopted by the secretary establishing con-
29 ditions and standards for the granting and maintaining of such status. All
30 invoices shall be held by the contractor for a period of five years and shall
31 be subject to audit by the director of taxation. Any contractor or any agent,
32 employee or subcontractor thereof, who shall use or otherwise dispose of
33 any materials purchased under such a certificate for any purpose other
34 than that for which such a certificate is issued without the payment of
35 the sales or compensating tax otherwise imposed upon such materials,
36 shall be guilty of a misdemeanor and, upon conviction therefor, shall be
37 subject to the penalties provided for in subsection (g) of K.S.A. 79-3615
38 and amendments thereto;
39 (f) tangible personal property purchased by a railroad or public utility
40 for consumption or movement directly and immediately in interstate
41 commerce;
42 (g) sales of aircraft including remanufactured and modified aircraft,
43 sales of aircraft repair, modification and replacement parts and sales of

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1 services employed in the remanufacture, modification and repair of air-
2 craft sold to persons using such aircraft and aircraft repair, modification
3 and replacement parts as certified or licensed carriers of persons or prop-
4 erty in interstate or foreign commerce under authority of the laws of the
5 United States or any foreign government or sold to any foreign govern-
6 ment or agency or instrumentality of such foreign government and all
7 sales of aircraft, aircraft parts, replacement parts and services employed
8 in the remanufacture, modification and repair of aircraft for use outside
9 of the United States;
10 (h) all rentals of nonsectarian textbooks by public or private elemen-
11 tary or secondary schools;
12 (i) the lease or rental of all films, records, tapes, or any type of sound
13 or picture transcriptions used by motion picture exhibitors;
14 (j) meals served without charge or food used in the preparation of
15 such meals to employees of any restaurant, eating house, dining car, hotel,
16 drugstore or other place where meals or drinks are regularly sold to the
17 public if such employees' duties are related to the furnishing or sale of
18 such meals or drinks;
19 (k) any motor vehicle, semitrailer or pole trailer, as such terms are
20 defined by K.S.A. 8-126 and amendments thereto, or aircraft sold and
21 delivered in this state to a bona fide resident of another state, which motor
22 vehicle, semitrailer, pole trailer or aircraft is not to be registered or based
23 in this state and which vehicle, semitrailer, pole trailer or aircraft will not
24 remain in this state more than 10 days;
25 (l) all isolated or occasional sales of tangible personal property, serv-
26 ices, substances or things, except isolated or occasional sale of motor
27 vehicles specifically taxed under the provisions of subsection (o) of K.S.A.
28 79-3603 and amendments thereto;
29 (m) all sales of tangible personal property which become an ingre-
30 dient or component part of tangible personal property or services pro-
31 duced, manufactured or compounded for ultimate sale at retail within or
32 without the state of Kansas; and any such producer, manufacturer or
33 compounder may obtain from the director of taxation and furnish to the
34 supplier an exemption certificate number for tangible personal property
35 for use as an ingredient or component part of the property or services
36 produced, manufactured or compounded;
37 (n) all sales of tangible personal property which is consumed in the
38 production, manufacture, processing, mining, drilling, refining or com-
39 pounding of tangible personal property, the treating of by-products or
40 wastes derived from any such production process, the providing of serv-
41 ices or the irrigation of crops for ultimate sale at retail within or without
42 the state of Kansas; and any purchaser of such property may obtain from
43 the director of taxation and furnish to the supplier an exemption certifi-

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1 cate number for tangible personal property for consumption in such pro-
2 duction, manufacture, processing, mining, drilling, refining, compound-
3 ing, treating, irrigation and in providing such services;
4 (o) all sales of animals, fowl and aquatic plants and animals, the pri-
5 mary purpose of which is use in agriculture or aquaculture, as defined in
6 K.S.A. 47-1901, and amendments thereto, the production of food for
7 human consumption, the production of animal, dairy, poultry or aquatic
8 plant and animal products, fiber or fur, or the production of offspring for
9 use for any such purpose or purposes;
10 (p) all sales of drugs, as defined by K.S.A. 65-1626 and amendments
11 thereto, dispensed pursuant to a prescription order, as defined by K.S.A.
12 65-1626 and amendments thereto, by a licensed practitioner;
13 (q) all sales of insulin dispensed by a person licensed by the state
14 board of pharmacy to a person for treatment of diabetes at the direction
15 of a person licensed to practice medicine by the board of ~~healing arts~~
16 medical professions;
17 (r) all sales of prosthetic and orthopedic appliances prescribed in
18 writing by a person licensed to practice medicine and surgery, the healing
19 arts, dentistry or optometry. For the purposes of this subsection, the term
20 prosthetic and orthopedic appliances means any apparatus, instrument,
21 device, or equipment used to replace or substitute for any missing part
22 of the body; used to alleviate the malfunction of any part of the body; or
23 used to assist any disabled person in leading a normal life by facilitating
24 such person's mobility; such term shall include accessories attached or to
25 be attached to motor vehicles, but such term shall not include motor
26 vehicles or personal property which when installed becomes a fixture to
27 real property;
28 (s) all sales of tangible personal property or services purchased di-
29 rectly by a groundwater management district organized or operating un-
30 der the authority of K.S.A. 82a-1020 et seq. and amendments thereto,
31 which property or services are used in the operation or maintenance of
32 the district;
33 (t) all sales of farm machinery and equipment or aquaculture ma-
34 chinery and equipment, repair and replacement parts therefor and serv-
35 ices performed in the repair and maintenance of such machinery and
36 equipment. For the purposes of this subsection the term ``farm machinery
37 and equipment or aquaculture machinery and equipment'' shall include
38 machinery and equipment used in the operation of Christmas tree farm-
39 ing but shall not include any passenger vehicle, truck, truck tractor, trailer,
40 semitrailer or pole trailer, other than a farm trailer, as such terms are
41 defined by K.S.A. 8-126 and amendments thereto. Each purchaser of
42 farm machinery and equipment or aquaculture machinery and equipment
43 exempted herein must certify in writing on the copy of the invoice or

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1 sales ticket to be retained by the seller that the farm machinery and
2 equipment or aquaculture machinery and equipment purchased will be
3 used only in farming, ranching or aquaculture production. Farming or
4 ranching shall include the operation of a feedlot and farm and ranch work
5 for hire and the operation of a nursery;
6 (u) all leases or rentals of tangible personal property used as a dwell-
7 ing if such tangible personal property is leased or rented for a period of
8 more than 28 consecutive days;
9 (v) all sales of food products to any contractor for use in preparing
10 meals for delivery to homebound elderly persons over 60 years of age and
11 to homebound disabled persons or to be served at a group-sitting at a
12 location outside of the home to otherwise homebound elderly persons
13 over 60 years of age and to otherwise homebound disabled persons, as
14 all or part of any food service project funded in whole or in part by
15 government or as part of a private nonprofit food service project available
16 to all such elderly or disabled persons residing within an area of service
17 designated by the private nonprofit organization, and all sales of food
18 products for use in preparing meals for consumption by indigent or home-
19 less individuals whether or not such meals are consumed at a place des-
20 ignated for such purpose;
21 (w) all sales of natural gas, electricity, heat and water delivered
22 through mains, lines or pipes: (1) To residential premises for noncom-
23 mercial use by the occupant of such premises; (2) for agricultural use and
24 also, for such use, all sales of propane gas; (3) for use in the severing of
25 oil; and (4) to any property which is exempt from property taxation pur-
26 suant to K.S.A. 79-201b Second through Sixth. As used in this paragraph,
27 ``severing'' shall have the meaning ascribed thereto by subsection (k) of
28 K.S.A. 79-4216, and amendments thereto;
29 (x) all sales of propane gas, LP-gas, coal, wood and other fuel sources
30 for the production of heat or lighting for noncommercial use of an oc-
31 cupant of residential premises;
32 (y) all sales of materials and services used in the repairing, servicing,
33 altering, maintaining, manufacturing, remanufacturing, or modification of
34 railroad rolling stock for use in interstate or foreign commerce under
35 authority of the laws of the United States;
36 (z) all sales of tangible personal property and services purchased di-
37 rectly by a port authority or by a contractor therefor as provided by the
38 provisions of K.S.A. 12-3418 and amendments thereto;
39 (aa) all sales of materials and services applied to equipment which is
40 transported into the state from without the state for repair, service, al-
41 teration, maintenance, remanufacture or modification and which is sub-
42 sequently transported outside the state for use in the transmission of
43 liquids or natural gas by means of pipeline in interstate or foreign com-

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1 merce under authority of the laws of the United States;
2 (bb) all sales of used mobile homes or manufactured homes. As used
3 in this subsection: (1) ``Mobile homes'' and ``manufactured homes'' shall
4 have the meanings ascribed thereto by K.S.A. 58-4202 and amendments
5 thereto; and (2) ``sales of used mobile homes or manufactured homes''
6 means sales other than the original retail sale thereof;
7 (cc) all sales of tangible personal property or services purchased for
8 the purpose of and in conjunction with constructing, reconstructing, en-
9 larging or remodeling a business or retail business which meets the
10 requirements established in K.S.A. 74-50,115 and amendments thereto,
11 and the sale and installation of machinery and equipment purchased for
12 installation at any such business or retail business. When a person shall
13 contract for the construction, reconstruction, enlargement or remodeling
14 of any such business or retail business, such person shall obtain from the
15 state and furnish to the contractor an exemption certificate for the project
16 involved, and the contractor may purchase materials, machinery and
17 equipment for incorporation in such project. The contractor shall furnish
18 the number of such certificates to all suppliers from whom such purchases
19 are made, and such suppliers shall execute invoices covering the same
20 bearing the number of such certificate. Upon completion of the project
21 the contractor shall furnish to the owner of the business or retail business
22 a sworn statement, on a form to be provided by the director of taxation,
23 that all purchases so made were entitled to exemption under this subsec-
24 tion. All invoices shall be held by the contractor for a period of five years
25 and shall be subject to audit by the director of taxation. Any contractor
26 or any agent, employee or subcontractor thereof, who shall use or oth-
27 erwise dispose of any materials, machinery or equipment purchased un-
28 der such a certificate for any purpose other than that for which such a
29 certificate is issued without the payment of the sales or compensating tax
30 otherwise imposed thereon, shall be guilty of a misdemeanor and, upon
31 conviction therefor, shall be subject to the penalties provided for in sub-
32 section (g) of K.S.A. 79-3615 and amendments thereto. As used in this
33 subsection, ``business'' and ``retail business'' have the meanings respec-
34 tively ascribed thereto by K.S.A. 74-50,114 and amendments thereto;
35 (dd) all sales of tangible personal property purchased with food
36 stamps issued by the United States department of agriculture;
37 (ee) all sales of lottery tickets and shares made as part of a lottery
38 operated by the state of Kansas;
39 (ff) on and after July 1, 1988, all sales of new mobile homes or man-
40 ufactured homes to the extent of 40% of the gross receipts, determined
41 without regard to any trade-in allowance, received from such sale. As used
42 in this subsection, ``mobile homes'' and ``manufactured homes'' shall have
43 the meanings ascribed thereto by K.S.A. 58-4202 and amendments

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1 thereto;
2 (gg) all sales of tangible personal property purchased in accordance
3 with vouchers issued pursuant to the federal special supplemental food
4 program for women, infants and children;
5 (hh) all sales of medical supplies and equipment purchased directly
6 by a nonprofit skilled nursing home or nonprofit intermediate nursing
7 care home, as defined by K.S.A. 39-923, and amendments thereto, for
8 the purpose of providing medical services to residents thereof. This ex-
9 emption shall not apply to tangible personal property customarily used
10 for human habitation purposes;
11 (ii) all sales of tangible personal property purchased directly by a non-
12 profit organization for nonsectarian comprehensive multidiscipline youth
13 development programs and activities provided or sponsored by such or-
14 ganization. This exemption shall not apply to tangible personal property
15 customarily used for human habitation purposes;
16 (jj) all sales of tangible personal property or services, including the
17 renting and leasing of tangible personal property, purchased directly on
18 behalf of a community-based mental retardation facility or mental health
19 center organized pursuant to K.S.A. 19-4001 et seq., and amendments
20 thereto, and licensed in accordance with the provisions of K.S.A. 75-
21 3307b and amendments thereto. This exemption shall not apply to tan-
22 gible personal property customarily used for human habitation purposes;
23 (kk) on and after January 1, 1989, all sales of machinery and equip-
24 ment used directly and primarily for the purposes of manufacturing, as-
25 sembling, processing, finishing, storing, warehousing or distributing ar-
26 ticles of tangible personal property in this state intended for resale by a
27 manufacturing or processing plant or facility or a storage, warehousing or
28 distribution facility:
29 (1) For purposes of this subsection, machinery and equipment shall
30 be deemed to be used directly and primarily in the manufacture, assem-
31 blage, processing, finishing, storing, warehousing or distributing of tan-
32 gible personal property where such machinery and equipment is used
33 during a manufacturing, assembling, processing or finishing, storing,
34 warehousing or distributing operation:
35 (A) To effect a direct and immediate physical change upon the tangible
36 personal property;
37 (B) to guide or measure a direct and immediate physical change upon
38 such property where such function is an integral and essential part of
39 tuning, verifying or aligning the component parts of such property;
40 (C) to test or measure such property where such function is an in-
41 tegral part of the production flow or function;
42 (D) to transport, convey or handle such property during the manu-
43 facturing, processing, storing, warehousing or distribution operation at

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1 the plant or facility; or
2 (E) to place such property in the container, package or wrapping in
3 which such property is normally sold or transported.
4 (2) For purposes of this subsection ``machinery and equipment used
5 directly and primarily'' shall include, but not be limited to:
6 (A) Mechanical machines or major components thereof contributing
7 to a manufacturing, assembling or finishing process;
8 (B) molds and dies that determine the physical characteristics of the
9 finished product or its packaging material;
10 (C) testing equipment to determine the quality of the finished prod-
11 uct;
12 (D) computers and related peripheral equipment that directly control
13 or measure the manufacturing process or which are utilized for engi-
14 neering of the finished product; and
15 (E) computers and related peripheral equipment utilized for research
16 and development and product design.
17 (3) ``Machinery and equipment used directly and primarily'' shall not
18 include:
19 (A) Hand tools;
20 (B) machinery, equipment and tools used in maintaining and repair-
21 ing any type of machinery and equipment;
22 (C) transportation equipment not used in the manufacturing, assem-
23 bling, processing, furnishing, storing, warehousing or distributing process
24 at the plant or facility;
25 (D) office machines and equipment including computers and related
26 peripheral equipment not directly and primarily used in controlling or
27 measuring the manufacturing process;
28 (E) furniture and buildings; and
29 (F) machinery and equipment used in administrative, accounting,
30 sales or other such activities of the business;
31 (ll) all sales of educational materials purchased for distribution to the
32 public at no charge by a nonprofit corporation organized for the purpose
33 of encouraging, fostering and conducting programs for the improvement
34 of public health;
35 (mm) all sales of seeds and tree seedlings; fertilizers, insecticides,
36 herbicides, germicides, pesticides and fungicides; and services, purchased
37 and used for the purpose of producing plants in order to prevent soil
38 erosion on land devoted to agricultural use;
39 (nn) except as otherwise provided in this act, all sales of services ren-
40 dered by an advertising agency or licensed broadcast station or any mem-
41 ber, agent or employee thereof;
42 (oo) all sales of tangible personal property purchased by a community
43 action group or agency for the exclusive purpose of repairing or weath-

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1 erizing housing occupied by low income individuals;
2 (pp) all sales of drill bits and explosives actually utilized in the explo-
3 ration and production of oil or gas;
4 (qq) all sales of tangible personal property and services purchased by
5 a nonprofit museum or historical society or any combination thereof, in-
6 cluding a nonprofit organization which is organized for the purpose of
7 stimulating public interest in the exploration of space by providing edu-
8 cational information, exhibits and experiences, which is exempt from fed-
9 eral income taxation pursuant to section 501(c)(3) of the federal internal
10 revenue code of 1986;
11 (rr) all sales of tangible personal property which will admit the pur-
12 chaser thereof to any annual event sponsored by a nonprofit organization
13 which is exempt from federal income taxation pursuant to section
14 501(c)(3) of the federal internal revenue code of 1986;
15 (ss) all sales of tangible personal property and services purchased by
16 a public broadcasting station licensed by the federal communications
17 commission as a noncommercial educational television or radio station;
18 (tt) all sales of tangible personal property and services purchased by
19 or on behalf of a not-for-profit corporation which is exempt from federal
20 income taxation pursuant to section 501(c)(3) of the federal internal rev-
21 enue code of 1986, for the sole purpose of constructing a Kansas Korean
22 War memorial;
23 (uu) all sales of tangible personal property and services purchased by
24 or on behalf of any rural volunteer fire-fighting organization for use ex-
25 clusively in the performance of its duties and functions;
26 (vv) all sales of tangible personal property purchased by any of the
27 following organizations which are exempt from federal income taxation
28 pursuant to section 501 (c)(3) of the federal internal revenue code of
29 1986, for the following purposes, and all sales of any such property by or
30 on behalf of any such organization for any such purpose:
31 (1) The American Heart Association, Kansas Affiliate, Inc. for the
32 purposes of providing education, training, certification in emergency car-
33 diac care, research and other related services to reduce disability and
34 death from cardiovascular diseases and stroke;
35 (2) the Kansas Alliance for the Mentally Ill, Inc. for the purpose of
36 advocacy for persons with mental illness and to education, research and
37 support for their families;
38 (3) the Kansas Mental Illness Awareness Council for the purposes of
39 advocacy for persons who are mentally ill and to education, research and
40 support for them and their families;
41 (4) the American Diabetes Association Kansas Affiliate, Inc. for the
42 purpose of eliminating diabetes through medical research, public edu-
43 cation focusing on disease prevention and education, patient education

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1 including information on coping with diabetes, and professional education
2 and training;
3 (5) the American Lung Association of Kansas, Inc. for the purpose of
4 eliminating all lung diseases through medical research, public education
5 including information on coping with lung diseases, professional educa-
6 tion and training related to lung disease and other related services to
7 reduce the incidence of disability and death due to lung disease;
8 (6) the Kansas chapters of the Alzheimer's Disease and Related Dis-
9 orders Association, Inc. for the purpose of providing assistance and sup-
10 port to persons in Kansas with Alzheimer's disease, and their families and
11 caregivers; and
12 (ww) all sales of tangible personal property purchased by the Habitat
13 for ~~Humanities~~ Humanity for the exclusive use of being incorporated
14 within a housing project constructed by such organization.
15 Sec. 158. K.S.A. 22a-226, 22a-243, 39-952, 40-2,100, 40-2,101, 40-
16 12a01, 40-19c03, 48-1601, 60-513d, 60-2609, 65-118, 65-1,113, 65-5a01,
17 65-6b01, 65-6b05, 65-2008, 65-2802, 65-2812, 65-2813, 65-2822, 65-
18 2833, 65-2865, 65-2869, 65-2870, 65-2872, 65-2873, 65-2873a, 65-2874,
19 65-2875, 65-2881, 65-2886, 65-2887, 65-2896a, 65-2896b, 65-2896d, 65-
20 2897a, 65-2897b, 65-2898a, 65-28,100, 65-28,102, 65-28,121, 65-28,122,
21 65-28,123, 65-28,124, 65-2903, 65-2904, 65-2905, 65-2907, 65-2909, 65-
22 2910, 65-2911, 65-2918, 65-2919, 65-4116, 65-4909, 65-4921, 65-5402,
23 65-5404, 65-5413, 65-5502, 65-5504, 65-5513, 74-3223, 74-3226, 74-
24 3246, 74-3248, 75-3717, 75-6102, 76-387, 79-201a and 79-3606 and
25 K.S.A. 1997 Supp. 7-121b, 12-736, 38-135, 38-1522, 39-1501, 40-1126,
26 40-1127, 40-1128, 40-1129, 40-2230, 40-22a10, 40-3103, 40-3202, 40-
27 3401, 40-3403, 40-3409, 40-3414, 40-4602, 59-2946, 59-2946a, 65-448,
28 65-1501a, 65-1940, 65-2836, 65-2895, 65-2896, 65-28,125, 65-28,126,
29 65-2906, 65-4003, 65-4915, 65-4941, 65-5201 65-6112, 65-6805, 65-6902,
30 65-6910, 65-6912, 74-4914e, 74-4916, 74-4960 and 74-4960a are hereby
31 repealed.
32 Sec. 159. This act shall take effect and be in force from and after its
33 publication in the statute book.
34