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Session of 2000
          Substitute for SENATE BILL No. 593           By Committee on Public Health and Welfare           3-28          

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  9             AN  ACT concerning the Kansas healing arts act; exceptions; amending
10             K.S.A. 65-2872 and repealing the existing section.
11      
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 65-2872 is hereby amended to read as follows: 65-
14       2872. Every act or practice in the field of the healing arts not specifically
15       excepted herein, shall constitute the practice thereof. The practice of the
16       healing arts shall not be construed to include the following persons:
17             (a) Persons rendering gratuitous services in the case of an emergency.
18             (b) Persons gratuitously administering ordinary household remedies.
19             (c) The members of any church practicing their religious tenets pro-
20       vided they shall not be exempt from complying with all public health
21       regulations of the state.
22             (d) Students while in actual classroom attendance in an accredited
23       healing arts school who after completing one (1) year's study treat diseases
24       under the supervision of a licensed instructor.
25             (e) Students upon the completion of at least three (3) years years'
26       study in an accredited healing arts school and who, as a part of their
27       academic requirements for a degree, serve a preceptorship not to exceed
28       ninety (90) 90 days under the supervision of a licensed practitioner.
29             (f) Persons who massage for the purpose of relaxation, muscle con-
30       ditioning, or figure improvement, provided no drugs are used and such
31       persons do not hold themselves out to be physicians or healers.
32             (g) Persons whose professional services are performed under the su-
33       pervision or by order of or referral from a practitioner who is licensed
34       under this act.
35             (h) Persons in the general fields of psychology, education and social
36       work, dealing with the social, psychological and moral well-being of in-
37       dividuals and/or groups provided they do not use drugs and do not hold
38       themselves out to be the physicians, surgeons, osteopathic physicians or
39       chiropractors.
40             (i) Practitioners of the healing arts in the United States army, navy,
41       air force, public health service, and coast guard or other military service
42       when acting in the line of duty in this state.
43             (j) Practitioners of the healing arts licensed in another state when and

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  1       while incidentally called into this state in consultation with practitioners
  2       licensed in this state, or residing on the border of a neighboring state,
  3       duly licensed under the laws thereof to practice a branch of the healing
  4       arts, but who do not open an office or maintain or appoint a place to
  5       regularly meet patients or to receive calls within this state.
  6             (k) Dentists practicing their professions, when licensed and practic-
  7       ing in accordance with the provisions of article 14 of chapter 65 of the
  8       Kansas Statutes Annotated, or amendments thereto, and any interpreta-
  9       tion thereof by the supreme court of this state.
10             (l) Optometrists practicing their professions, when licensed and prac-
11       ticing under and in accordance with the provisions of article 15 of chapter
12       65 of the Kansas Statutes Annotated, or amendments thereto, and any
13       interpretation thereof by the supreme court of this state.
14             (m) Nurses practicing their profession when licensed and practicing
15       under and in accordance with the provisions of article 11 of chapter 65
16       of the Kansas Statutes Annotated, or amendments thereto, and any in-
17       terpretation thereof by the supreme court of this state.
18             (n) Podiatrists practicing their profession, when licensed and practic-
19       ing under and in accordance with the provisions of article 20 of chapter
20       65 of the Kansas Statutes Annotated, or amendments thereto, and any
21       interpretation thereof by the supreme court of this state.
22             (o) Every act or practice falling in the field of the healing art, not
23       specifically excepted herein, shall constitute the practice thereof.
24             (p) Pharmacists practicing their profession, when licensed and prac-
25       ticing under and in accordance with the provisions of article 16 of chapter
26       65 of the Kansas Statutes Annotated, or amendments thereto, and any
27       interpretation thereof by the supreme court of this state.
28             (q) (p) A dentist licensed in accordance with the provisions of article
29       14 of chapter 65 of the Kansas Statutes Annotated who administers gen-
30       eral and local anesthetics to facilitate medical procedures conducted by
31       a person licensed to practice medicine and surgery if such dentist is cer-
32       tified by the board of healing arts under K.S.A. 65-2899 to administer
33       such general and local anesthetics.
34             (q) Persons who recommend or furnish natural medicines and rem-
35       edies which are not prescription-only drugs or prescription-only devices. 
36       Sec.  2. K.S.A. 65-2872 is hereby repealed.
37        Sec.  3. This act shall take effect and be in force from and after its
38       publication in the statute book.