CHAPTER 149 SENATE BILL No. 360 (Amends Chapters 11, 34, 38, 39, 41, 87, 98, 115, 120, 122 and 130) An  Act providing for reconciliation of conflicting amendments to existing sections of the
Kansas Statutes Annotated; amending K.S.A. 76-375 and 76-381 and K.S.A. 1998 Supp.
44-503 and 75-2935 and K.S.A. 17-7301, as amended by section 4 of 1999 House Bill
No. 2161, K.S.A. 65-4116, as amended by section 4 of 1999 House Bill No. 2215, and
K.S.A. 82a-718, as amended by section 1 of 1999 House Bill No. 2404, and K.S.A. 1998
Supp. 17-6003, as amended by section 10 of 1999 House Bill No. 2161, K.S.A. 1998
Supp. 32-988, as amended by section 2 of 1999 House Substitute for Senate Bill No.
70, K.S.A. 1998 Supp. 65-1431, as amended by section 1 of 1999 Senate Bill No. 71,
K.S.A. 1998 Supp. 65-1626, as amended by section 1 of 1999 Senate Bill No. 267, K.S.A.
1998 Supp. 65-1627, as amended by section 3 of 1999 Senate Bill No. 267, and K.S.A.
1998 Supp. 65-1643, as amended by section 5 of 1999 Senate Bill No. 267, and repealing
the existing sections; also repealing K.S.A. 76-375a and 76-381a and K.S.A. 1998 Supp.
40-3302a, 44-503b and 75-2935f and K.S.A. 17-7301, as amended by section 17 of 1999
Senate Bill No. 311, K.S.A. 65-4116, as amended by section 14 of 1999 House Bill No.
2168, and K.S.A. 82a-718, as amended by section 7 of 1999 House Substitute for Senate
Bill No. 287, and K.S.A. 1998 Supp. 17-6003, as amended by section 7 of 1999 Senate
Bill No. 311, K.S.A. 1998 Supp. 32-988, as amended by section 4 of 1999 House Bill
No. 2492, K.S.A. 65-1431, as amended by section 1 of 1999 House Bill No. 2254, K.S.A.
1998 Supp. 65-1626, as amended by section 2 of 1999 House Bill No. 2168, K.S.A. 1998
Supp. 65-1627, as amended by section 9 of 1999 House Bill No. 2168, and K.S.A. 1998
Supp. 65-1643, as amended by section 10 of 1999 House Bill No. 2168.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 17-6003, as amended by section 10 of
1999 House Bill No. 2161, is hereby amended to read as follows: 17-6003.
(a) Whenever any provision of this act requires any instrument to be filed
with the secretary of state or in accordance with this section or act, such
instrument shall be executed as follows:

      (1) The articles of incorporation shall be signed by the incorporator
or incorporators, and any other instrument to be filed before the election
of the initial board of directors, if the initial directors were not named in
the articles of incorporation, shall be signed by the incorporator or in-
corporators; and

      (2) all other instruments shall be signed: (i) By the chairperson or
vice-chairperson of the board of directors, or by the president or a vice-
president, and attested by the secretary or an assistant secretary, or by
such officers as may be duly authorized to exercise the duties, respec-
tively, ordinarily exercised by the president or vice-president and by the
secretary or assistant secretary of a corporation; (ii) if it appears from the
instrument that there are no such officers, by a majority of the directors
or by such directors as may be designated by the board; (iii) if it appears
from the instrument that there are no such officers or directors, by the
holders of record, or such of them as may be designated by the holders
of record, of a majority of all outstanding shares of stock; or (iv) by the
holders of record of all outstanding shares of stock.

      (b) Whenever any provision of this act requires any instrument to be
acknowledged, such requirement means that the instrument was ac-
knowledged in accordance with the uniform law on notarial acts.

      (c) Whenever any provision of this act requires any instrument to be
filed with the secretary of state or in accordance with this section or act,
such requirement means that:

      (1) The original signed instrument, together with a duplicate copy
which may be either a signed or conformed copy, shall be delivered to
the office of the secretary of state. Any signature on documents author-
ized to be filed with the secretary of state under the provisions of this
chapter may be a facsimile, a conformed signature or an electronically
transmitted signature;

      (2) all taxes and fees authorized by law to be collected by the secretary
of state in connection with the filing of the instrument shall be tendered
to the secretary of state;

      (3) upon delivery of the instrument, and upon tender of the required
taxes and fees, the secretary of state shall certify that the instrument has
been filed in the office of secretary of state by endorsing upon the original
signed instrument the word ``Filed'' and the date and hour of its filing.
This endorsement is the ``filing date'' of the instrument and is conclusive
of the date and time of its filing in the absence of actual fraud. The
secretary of state shall thereupon file and index the endorsed instrument;
and

      (4) the secretary of state shall compare the duplicate copy with the
original signed instrument, and if the secretary of state finds that they are
identical, the secretary of state shall certify the duplicate copy by making
upon it the same endorsement which is required to appear upon the
original, together with a further endorsement that the duplicate copy is
a true copy of the original signed instrument.

      (d) Any instrument filed in accordance with subsection (c) shall be
effective upon its filing date. Except where it has been determined oth-
erwise by a court of competent jurisdiction, any instrument filed in ac-
cordance with subsections (c)(1) through (c)(4) prior to July 1, 1998, shall
be deemed to be effective on the date it was so filed, unless a different
effective date was specified for the instrument in accordance with this
subsection, and the recording of such instrument with a register of deeds
shall not be required in order for the instrument to take effect. Any
instrument may provide that it is not to become effective until a specified
date subsequent to its filing date, but such date shall not be later than 90
days after its filing date.

      (e) If another section of this act or any other law of this state specif-
ically prescribes a manner of executing, acknowledging, or filing or re-
cording a specified instrument or a time when such instrument shall be-
come effective, which differs from the corresponding provisions of this
section, then the provisions of such other section shall govern.

      (f) Whenever any instrument authorized to be filed with the secretary
of state under any provision of this act has been so filed and is an inac-
curate record of the corporate action therein referred to, or was defec-
tively or erroneously executed, sealed or acknowledged, such instrument
may be corrected by filing with the secretary of state a certificate of
correction of such instrument which shall be executed, acknowledged,
filed and recorded in accordance with this section. The certificate of cor-
rection shall specify the inaccuracy or defect to be corrected and shall set
forth the portion of the instrument in corrected form. The corrected
instrument shall be effective as of the date the original instrument was
filed, except as to those persons who are substantially and adversely af-
fected by the correction and as to those persons, the corrected instrument
shall be effective from the filing date.

      (g) Whenever any corporation conveys any lands or interests therein
by deed or other appropriate instrument of conveyance, such deed or
instrument shall be executed on behalf of the corporation by the presi-
dent, vice-president or presiding member or trustee of the corporation.
Such deed or instrument, when acknowledged by such officer to be the
act of the corporation, or proved in the same manner provided for other
conveyances of lands, may be recorded in the same manner and with the
same effect as other deeds. Corporations likewise shall have power to
convey by an agent or attorney so authorized under letter of attorney or
other instrument containing a power to convey real estate or any interest
therein, which power of attorney shall be executed by the corporation in
the same manner as herein provided for the execution of deeds or other
instruments of conveyance.

      Sec.  2. K.S.A. 17-7301, as amended by section 4 of 1999 House Bill
No. 2161, is hereby amended to read as follows: 17-7301. (a) As used in
this act, the words ``foreign corporation'' mean a corporation organized
under the laws of any jurisdiction other than this state.

      (b) No foreign corporation shall do any business in this state, through
or by branch offices, agents or representatives located in this state, until
it has filed in the office of the secretary of state of this state an application
for authority to engage in business in this state as a foreign corporation.
Such application shall be filed in accordance with K.S.A. 17-6003 and
amendments thereto and shall set forth:

      (1) A certificate issued within 90 days of the date of application by
the proper officer of the jurisdiction where such corporation is incorpo-
rated attesting to the fact that such corporation is a corporation in good
standing in such jurisdiction;

      (2) the address of the principal office of the corporation is located;

      (3) the address of the principal office or place of business in this state
is to be located, if known;

      (4) the full nature and character of the business the corporation pro-
poses to conduct in this state;

      (5) the name and address of each of the officers and trustees or di-
rectors of the corporation;

      (6) a statement as to when the corporate existence of the corporation
will expire in the state of incorporation;

      (7) a detailed statement of the assets and liabilities of the corporation,
as of a date not earlier than 12 months prior to the filing date;

      (8) the location of the registered office of the corporation in this state
and the name of its resident agent in charge of the registered office; and

      (9) the date on which the corporation commenced, or intends to com-
mence, doing business in this state.

      The application shall be subscribed and sworn to by the president or a
vice-president and the secretary or an assistant secretary of the corpora-
tion, and it shall be accompanied by the written consent of the corpora-
tion, irrevocable, that actions may be commenced against it in the proper
court of any county where there is proper venue by the service of process
on the secretary of state as provided for in K.S.A. 17-7307 and amend-
ments thereto and stipulating and agreeing that such service shall be taken
and held, in all courts, to be as valid and binding as if due service had
been made upon the president and secretary of the corporation. Such
consent shall be executed by the president or a vice-president and the
secretary or an assistant secretary of the corporation and shall be accom-
panied by a duly certified copy of the order or resolution of the board of
directors, trustees or managers of the corporation authorizing the secre-
tary or an assistant secretary and the president or a vice-president to
execute it. Nothing in this act or the act of which this section is amen-
datory shall be construed as requiring such consent or the order or res-
olution of the board of directors to be recorded in the office of the register
of deeds.

      (c) After receipt of the application and fee, if the secretary of state
finds that it complies with the provisions of this section, the secretary of
state shall file the original application and certify the duplicate copy in
accordance with K.S.A. 17-6003, and amendments thereto. The certified
copy of the application shall be prima facie evidence of the right of the
corporation to do business in this state. The secretary of state shall not
file such application unless:

      (1) The name of the corporation is such as to distinguish it upon the
records of the office of the secretary of state from the name of each other
corporation organized under the laws of this state or reserved or regis-
tered as a foreign corporation under the laws of this state;

      (2) the corporation has obtained the written consent of such other
corporation, which has the same name, for the corporation to do business
in this state under such name and such consent has been executed, ac-
knowledged and filed with the secretary of state in accordance with K.S.A.
17-6003 and amendments thereto; or

      (3) the corporation indicates, as a means of identification and in its
advertising within this state, the state in which it is incorporated.

      Sec.  3. K.S.A. 1998 Supp. 32-988, as amended by section 2 of 1999
House Substitute for Senate Bill No. 70, is hereby amended to read as
follows: 32-988. (a) The secretary is authorized to adopt, in accordance
with K.S.A. 32-805 and amendments thereto, rules and regulations fixing
the amount of fees for the following items, subject to the following lim-
itations and subject to the requirement that no such rules and regulations
shall be adopted as temporary rules and regulations:

Big game permits

            Resident: minimum $10, maximum $100

            Nonresident: minimum $30, maximum $400

            Big game tag: maximum $10

            Nonresident applications: maximum $5

      Combination hunting and fishing licenses

            Resident: minimum $10, maximum $30

            Lifetime: minimum $400, maximum $600; or 8 quarterly payments, each minimum $55,
            maximum $80

            Nonresident: minimum $75, maximum $125

      Commercial dog training permits: minimum $10, maximum $25

      Commercial guide permit or associate guide permit: maximum $50

      Commercial harvest or dealer permits: minimum $10, maximum $200

      Commercial prairie rattlesnake harvesting permits

            Resident or nonresident with valid hunting license: maximum $5

            Resident or nonresident nonfirearm without valid hunting license: maximum $20

      Controlled shooting area operator license: minimum $200, maximum $400

      Duplicate licenses, permits, stamps and other issues of the department: maximum $10

      Falconry

            Permits: minimum $50, maximum $300

            Examinations: minimum $25, maximum $100

      Field trial permits: minimum $10, maximum $25

      Fishing licenses

            Resident: minimum $5, maximum $15

            Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
            maximum $45

            Nonresident: minimum $15, maximum $50

            Five-day nonresident: minimum $5, maximum $15

            Institutional group: minimum $100, maximum $200

            Special nonprofit group: minimum $50, maximum $200

            Twenty-four-hour: maximum $3

      Fur dealer licenses

            Resident: minimum $50, maximum $200

            Nonresident: minimum $50, maximum $400

      Furharvester licenses

            Resident: minimum $10, maximum $20

            Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
            maximum $45

            Nonresident: minimum $50, maximum $400

      Game breeder permits: minimum $2, maximum $15

      Handicapped hunting and fishing permits: maximum $5

      Hound trainer-breeder running permits: minimum $10, maximum $25

      Hunting licenses

            Resident: minimum $5, maximum $15

            Lifetime: minimum $200, maximum $300; or 8 quarterly payments, each minimum $30,
            maximum $45

            Nonresident: minimum $25, maximum $75

            Controlled shooting area: minimum $5, maximum $15

                  Forty-eight-hour waterfowl permits: maximum $25

      Migratory waterfowl habitat stamps: minimum $3, maximum $5

      Mussel fishing licenses

            Resident: minimum $25, maximum $200

            Nonresident: minimum $50, maximum $1,500

      Rabbit permits

            Live trapping: maximum $200

            Shipping: minimum $25, maximum $400

      Raptor propagation permits: maximum $100

      Rehabilitation permits: maximum $50

      Scientific, educational or exhibition permits: maximum $10

      Wildlife damage control permits: maximum $10

      Wildlife importation permits: maximum $10

      Special permits under K.S.A. 32-961: maximum $100

      Miscellaneous fees

            Special events on department land or water: maximum $200

            Special departmental services, materials or supplies: no maximum

            Other issues of department: no maximum

            Vendor bond: no maximum

            (b) The fee for a landowner-tenant resident big game hunting permit
shall be an amount equal to 1/2 the fee for a general resident big game
hunting permit.

      (c) The fee for a furharvester license for a resident under 16 years of
age shall be an amount equal to 1/2 the fee for a resident furharvester
license.

      (d) The secretary may establish, by rules and regulations adopted in
accordance with K.S.A. 32-805 and amendments thereto, different fees
for various classes and types of licenses, permits, stamps and other issu-
ances of the department which may occur within each item as described
under subsection (a).

      (e) The fee for a lifetime furharvester license shall be $240 from the
effective date of this act through calendar year 1999.

      Sec.  4. K.S.A. 1998 Supp. 44-503 is hereby amended to read as fol-
lows: 44-503. (a) Where any person (in this section referred to as prin-
cipal) undertakes to execute any work which is a part of the principal's
trade or business or which the principal has contracted to perform and
contracts with any other person (in this section referred to as the con-
tractor) for the execution by or under the contractor of the whole or any
part of the work undertaken by the principal, the principal shall be liable
to pay to any worker employed in the execution of the work any com-
pensation under the workers compensation act which the principal would
have been liable to pay if that worker had been immediately employed
by the principal; and where compensation is claimed from or proceedings
are taken against the principal, then in the application of the workers
compensation act, references to the principal shall be substituted for ref-
erences to the employer, except that the amount of compensation shall
be calculated with reference to the earnings of the worker under the
employer by whom the worker is immediately employed. For the pur-
poses of this subsection, a worker shall not include an individual who is
a self-employed subcontractor.

      (b) Where the principal is liable to pay compensation under this sec-
tion, the principal shall be entitled to indemnity from any person who
would have been liable to pay compensation to the worker independently
of this section, and shall have a cause of action under the workers com-
pensation act for indemnification.

      (c) Nothing in this section shall be construed as preventing a worker
from recovering compensation under the workers compensation act from
the contractor instead of the principal.

      (d) This section shall not apply to any case where the accident oc-
curred elsewhere than on, in or about the premises on which the principal
has undertaken to execute work or which are otherwise under the prin-
cipal's control or management, or on, in or about the execution of such
work under the principal's control or management.

      (e) A principal contractor, when sued by a worker of a subcontractor,
shall have the right to implead the subcontractor.

      (f) The principal contractor who pays compensation to a worker of a
subcontractor shall have the right to recover over against the subcontrac-
tor in the action under the workers compensation act if the subcontractor
has been impleaded.

      (g) Notwithstanding any other provision of this section, in any case
where the contractor (1) is an employer who employs employees in an
employment to which the act is applicable, or has filed a written statement
of election with the director to accept the provisions of the workers com-
pensation act pursuant to subsection (b) of K.S.A. 44-505, and amend-
ments thereto, to the extent of such election, and (2) has secured the
payment of compensation as required by K.S.A. 44-532, and amendments
thereto, for all persons for whom the contractor is required to or elects
to secure such compensation, as evidenced by a current certificate of
workers compensation insurance, by a certification from the director that
the contractor is currently qualified as a self-insurer under that statute,
or by a certification from the commissioner of insurance that the con-
tractor is maintaining a membership in a qualified group-funded workers
compensation pool, then, the principal shall not be liable for any com-
pensation under this or any other section of the workers compensation
act for any person for which the contractor has secured the payment of
compensation which the principal would otherwise be liable for under
this section and such person shall have no right to file a claim against or
otherwise proceed against the principal for compensation under this or
any other section of the workers compensation act. In the event that the
payment of compensation is not secured or is otherwise unavailable or in
effect, then the principal shall be liable for the payment of compensation.
No insurance company shall charge a principal a premium for workers
compensation insurance for any liability for which the contractor has se-
cured the payment of compensation.

      Sec.  5. K.S.A. 1998 Supp. 65-1431, as amended by section 1 of 1999
Senate Bill No. 71, is hereby amended to read as follows: 65-1431. (a)
On or before December 1 of each even-numbered year, each dentist
licensee of the Kansas dental board shall transmit to the secretary of the
board a renewal application, upon a form prescribed by the board, which
shall include such licensee's signature, post-office address, office address,
the number of the license certificate of such licensee, whether such li-
censee has been engaged during the preceding licensure period in active
and continuous practice, whether within or without this state, and such
other information as may be required by the board, together with the
biennial licensure fee for dentists which is fixed by the board pursuant to
K.S.A. 65-1447 and amendments thereto.

      (b) On or before December 1 of each odd-numbered year, each den-
tal hygiene licensee of the Kansas dental board shall transmit to the sec-
retary of the board a renewal application, upon a form prescribed by the
board, which shall include such licensee's signature, post office address,
the number of the license certificate of such licensee, whether such li-
censee has been engaged during the preceding licensure period in active
and continuous practice whether within or without this state, and such
other information as may be required by the board, together with the
biennial licensure fee for a dental hygienist which is fixed by the board
pursuant to K.S.A. 65-1447 and amendments thereto.

      (c) The board shall require every licensee to submit with the renewal
application evidence of satisfactory completion of a program of continuing
education required by the board. The board by duly adopted rules and
regulations shall establish the requirements for such program of contin-
uing education as soon as possible after the effective date of this act. In
establishing such requirements the board shall consider any existing pro-
grams of continuing education currently being offered to such licensees.

      (d) Upon fixing the biennial license renewal fee, the board shall im-
mediately notify all licensees of the amount of the fee for the ensuing
licensure period. Upon receipt of such fee and upon receipt of evidence
that the licensee has satisfactorily completed a program of continuing
education required by the board, the licensee shall be issued a renewal
certificate authorizing the licensee to continue to practice in this state for
a period of two years.

      (e)  (1) Any license granted under authority of this act shall automat-
ically be canceled if the holder thereof fails to apply for renewal within a
period of one month from December 1 of each year.

      (2) Any licensee whose license is automatically canceled by reason of
failure, neglect or refusal to secure the renewal certificate may be rein-
stated by the board at any time within one month from the date of the
automatic cancellation of such license, upon payment of the biennial re-
newal fee and upon proof that such licensee has satisfactorily completed
a program of continuing education required by the board or at any time
within two months from the date of the automatic cancellation of the
license upon payment of the biennial renewal fee and a penalty fee of not
to exceed $500 as fixed by rules and regulations by the board and upon
proof that such licensee has satisfactorily completed a program of contin-
uing education required by the board. The penalty fee in effect imme-
diately prior to the effective date of this act shall continue in effect until
rules and regulations establishing a penalty fee under this section become
effective.

      (f) Upon failure of any licensee to pay the applicable renewal fee or
to present proof of satisfactory completion of the required program of
continuing education within two months after November 30, the board
shall notify such licensee, in writing, by mailing notice to such licensee's
last registered address. Failure to mail or receive such notice shall not
affect the cancellation of the license of such licensee.

      (g) The board may waive the payment of biennial fees and the con-
tinuing education requirements for the renewal of certificates without the
payment of any fee for a person who has held a Kansas license to practice
dentistry or dental hygiene if such licensee has retired from such practice
or has become temporarily or permanently disabled and such licensee
files with the board a certificate stating either of the following:

      (1) A retiring licensee shall certify to the board that the licensee is:
(A) At least 65 years of age and has retired from the active practice of
dentistry or dental hygiene; and (B) not engaged, except as provided in
K.S.A. 1998 Supp. 65-1466 and amendments thereto, in the provision of
any dental service, the performance of any dental operation or procedure
or the delivery of any dental hygiene service as defined by the statutes of
the state of Kansas; or

      (2) a disabled licensee shall certify to the board that such licensee is
no longer engaged in the provision of dental services, the performance
of any dental operation or the provision of any dental hygiene services as
defined by the statutes of the state of Kansas by reason of any physical
disability, whether permanent or temporary, and shall describe the nature
of such disability.

      (h) The waiver of fees under subsection (g) shall continue so long as
the retirement or physical disability exists. Except as provided in K.S.A.
1998 Supp. 65-1466 and amendments thereto, in the event the licensee
returns to the practice for which such person is licensed, the requirement
for payment of fees and continuing education requirements shall be reim-
posed commencing with and continuing after the date the licensee re-
turns to such active practice. Except as provided in K.S.A. 1998 Supp.
65-1466 and amendments thereto, the performance of any dental service,
including consulting service, or the performance of any dental hygiene
service, including consulting service, shall be deemed the resumption of
such service, requiring payment of license fees.

      (i) The Kansas dental board may adopt such rules and regulations
requiring the examination and providing means for examination of those
persons returning to active practice after a period of retirement or disa-
bility as the board shall deem necessary and appropriate for the protection
of the people of the state of Kansas except that for an applicant to practice
dental hygiene who is returning to active practice after a period of re-
tirement or disability, the board shall authorize as an alternative to the
requirement for an examination that the applicant successfully complete
a refresher course as defined by the board in an approved dental hygiene
school.

      Sec.  6. On April 1, 2000, K.S.A. 1998 Supp. 65-1626, as amended by
section 1 of 1999 Senate Bill No. 267, is hereby amended to read as
follows: 65-1626. For the purposes of this act:

      (a) ``Administer'' means the direct application of a drug, whether by
injection, inhalation, ingestion or any other means, to the body of a patient
or research subject by:

      (1) A practitioner or pursuant to the lawful direction of a practitioner,
or

      (2) the patient or research subject at the direction and in the presence
of the practitioner.

      (b) ``Agent'' means an authorized person who acts on behalf of or at
the direction of a manufacturer, distributor or dispenser but shall not
include a common or contract carrier, public warehouseman or employee
of the carrier or warehouseman when acting in the usual and lawful course
of the carrier's or warehouseman's business.

      (c) ``Board'' means the state board of pharmacy created by K.S.A. 74-
1603 and amendments thereto.

      (d) ``Brand exchange'' means the dispensing of a different drug prod-
uct of the same dosage form and strength and of the same generic name
than the brand name drug product prescribed.

      (e) ``Brand name'' means the registered trademark name given to a
drug product by its manufacturer, labeler or distributor.

      (f) ``Deliver'' or ``delivery'' means the actual, constructive or at-
tempted transfer from one person to another of any drug whether or not
an agency relationship exists.

      (g) ``Direct supervision'' means the process by which the responsible
pharmacist shall observe and direct the activities of a pharmacy student
or pharmacy technician to a sufficient degree to assure that all such ac-
tivities are performed accurately, safely and without risk or harm to pa-
tients, and complete the final check before dispensing.

      (h) ``Dispense'' means to deliver prescription medication to the ulti-
mate user or research subject by or pursuant to the lawful order of a
practitioner or pursuant to the prescription of a mid-level practitioner.

      (i) ``Dispenser'' means a practitioner or pharmacist who dispenses
prescription medication.

      (j) ``Distribute'' means to deliver, other than by administering or dis-
pensing, any drug.

      (k) ``Distributor'' means a person who distributes a drug.

      (l) ``Drug'' means: (1) Articles recognized in the official United States
pharmacopoeia, or other such official compendiums of the United States,
or official national formulary, or any supplement of any of them; (2) ar-
ticles intended for use in the diagnosis, cure, mitigation, treatment or
prevention of disease in man or other animals; (3) articles, other than
food, intended to affect the structure or any function of the body of man
or other animals; and (4) articles intended for use as a component of any
articles specified in clause (1), (2) or (3) of this subsection; but does not
include devices or their components, parts or accessories, except that the
term ``drug'' shall not include amygdalin (laetrile) or any livestock remedy,
as defined in K.S.A. 47-501 and amendments thereto, if such livestock
remedy has been registered in accordance with the provisions of article
5 of chapter 47 of the Kansas Statutes Annotated.

      (m) ``Electronic transmission'' means transmission of information in
electronic form or the transmission of the exact visual image of a docu-
ment by way of electronic equipment.

      (n) ``Generic name'' means the established chemical name or official
name of a drug or drug product.

      (o)  (1) ``Institutional drug room'' means any location where prescrip-
tion-only drugs are stored and from which prescription-only drugs are
administered or dispensed and which is maintained or operated for the
purpose of providing the drug needs of:

      (A) Inmates of a jail or correctional institution or facility;

      (B) residents of a juvenile detention facility, as defined by the Kansas
code for care of children and the Kansas juvenile justice code;

      (C) students of a public or private university or college, a community
college or any other institution of higher learning which is located in
Kansas; or

      (D) employees of a business or other employer.

      (2) ``Institutional drug room'' does not include:

      (A) Any registered pharmacy;

      (B) any office of a practitioner; or

      (C) a location where no prescription-only drugs are dispensed and no
prescription-only drugs other than individual prescriptions are stored or
administered.

      (p) ``Medical care facility'' shall have the meaning provided in K.S.A.
65-425 and amendments thereto, except that the term shall also include
facilities licensed under the provisions of K.S.A. 75-3307b and amend-
ments thereto except community mental health centers and facilities for
the mentally retarded.

      (q) ``Manufacture'' means the production, preparation, propagation,
compounding, conversion or processing of a drug either directly or in-
directly by extraction from substances of natural origin, independently by
means of chemical synthesis or by a combination of extraction and chem-
ical synthesis and includes any packaging or repackaging of the drug or
labeling or relabeling of its container, except that this term shall not in-
clude the preparation or compounding of a drug by an individual for the
individual's own use or the preparation, compounding, packaging or la-
beling of a drug by: (1) A practitioner or a practitioner's authorized agent
incident to such practitioner's administering or dispensing of a drug in
the course of the practitioner's professional practice; (2) a practitioner,
by a practitioner's authorized agent or under a practitioner's supervision
for the purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale; or (3) a pharmacist or the pharmacist's author-
ized agent acting under the direct supervision of the pharmacist for the
purpose of, or incident to, the dispensing of a drug by the pharmacist.

      (r) ``Person'' means individual, corporation, government, govern-
mental subdivision or agency, partnership, association or any other legal
entity.

      (s) ``Pharmacist'' means any natural person licensed under this act to
practice pharmacy.

      (t) ``Pharmacist in charge'' means the pharmacist who is responsible
to the board for a registered establishment's compliance with the laws
and regulations of this state pertaining to the practice of pharmacy, man-
ufacturing of drugs and the distribution of drugs. The pharmacist in
charge shall supervise such establishment on a full-time or a part-time
basis and perform such other duties relating to supervision of a registered
establishment as may be prescribed by the board by rules and regulations.
Nothing in this definition shall relieve other pharmacists or persons from
their responsibility to comply with state and federal laws and regulations.

      (u) ``Pharmacy,'' ``drug store'' or ``apothecary'' means premises, lab-
oratory, area or other place: (1) Where drugs are offered for sale where
the profession of pharmacy is practiced and where prescriptions are com-
pounded and dispensed; or (2) which has displayed upon it or within it
the words ``pharmacist,'' ``pharmaceutical chemist,'' ``pharmacy,'' ``apoth-
ecary,'' ``drugstore,'' ``druggist,'' ``drugs,'' ``drug sundries'' or any of these
words or combinations of these words or words of similar import either
in English or any sign containing any of these words; or (3) where the
characteristic symbols of pharmacy or the characteristic prescription sign
``Rx'' may be exhibited. As used in this subsection, premises refers only
to the portion of any building or structure leased, used or controlled by
the licensee in the conduct of the business registered by the board at the
address for which the registration was issued.

      (v) ``Pharmacy student'' means an individual, registered with the
board of pharmacy, enrolled in an accredited school of pharmacy.

      (w) ``Pharmacy technician'' means an individual who, under the direct
supervision and control of a pharmacist, may perform packaging, manip-
ulative, repetitive or other nondiscretionary tasks related to the processing
of a prescription or medication order and who assists the pharmacist in
the performance of pharmacy related duties, but who does not perform
duties restricted to a pharmacist.

      (x) ``Practitioner'' means a person licensed to practice medicine and
surgery, dentist, podiatrist, veterinarian, optometrist licensed under the
optometry law as a therapeutic licensee or diagnostic and therapeutic
licensee, or scientific investigator or other person authorized by law to
use a prescription-only drug in teaching or chemical analysis or to conduct
research with respect to a prescription-only drug.

      (y) ``Preceptor'' means a licensed pharmacist who possesses at least
two years' experience as a pharmacist and who supervises students ob-
taining the pharmaceutical experience required by law as a condition to
taking the examination for licensure as a pharmacist.

      (z) ``Prescription'' means, according to the context, either a prescrip-
tion order or a prescription medication.

      (aa) ``Prescription medication'' means any drug, including label and
container according to context, which is dispensed pursuant to a prescrip-
tion order.

      (bb) ``Prescription-only drug'' means any drug whether intended for
use by man or animal, required by federal or state law (including 21
United States Code section 353, as amended) to be dispensed only pur-
suant to a written or oral prescription or order of a practitioner or is
restricted to use by practitioners only.

      (cc) ``Prescription order'' means: (1) An order to be filled by a phar-
macist for prescription medication issued and signed by a practitioner or
a mid-level practitioner in the authorized course of professional practice;
or (2) an order transmitted to a pharmacist through word of mouth, note,
telephone or other means of communication directed by such practitioner
or mid-level practitioner.

      (dd) ``Probation'' means the practice or operation under a temporary
license, registration or permit or a conditional license, registration or per-
mit of a business or profession for which a license, registration or permit
is granted by the board under the provisions of the pharmacy act of the
state of Kansas requiring certain actions to be accomplished or certain
actions not to occur before a regular license, registration or permit is
issued.

      (ee) ``Professional incompetency'' means:

      (1) One or more instances involving failure to adhere to the appli-
cable standard of pharmaceutical care to a degree which constitutes gross
negligence, as determined by the board;

      (2) repeated instances involving failure to adhere to the applicable
standard of pharmaceutical care to a degree which constitutes ordinary
negligence, as determined by the board; or

      (3) a pattern of pharmacy practice or other behavior which demon-
strates a manifest incapacity or incompetence to practice pharmacy.

      (ff) ``Retail dealer'' means a person selling at retail nonprescription
drugs which are prepackaged, fully prepared by the manufacturer or dis-
tributor for use by the consumer and labeled in accordance with the
requirements of the state and federal food, drug and cosmetic acts. Such
nonprescription drugs shall not include: (1) A controlled substance; (2) a
prescription-only drug; or (3) a drug intended for human use by hypo-
dermic injection.

      (gg) ``Secretary'' means the executive secretary of the board.

      (hh) ``Unprofessional conduct'' means:

      (1) Fraud in securing a registration or permit;

      (2) intentional adulteration or mislabeling of any drug, medicine,
chemical or poison;

      (3) causing any drug, medicine, chemical or poison to be adulterated
or mislabeled, knowing the same to be adulterated or mislabeled;

      (4) intentionally falsifying or altering records or prescriptions;

      (5) unlawful possession of drugs and unlawful diversion of drugs to
others;

      (6) willful betrayal of confidential information under K.S.A. 65-1654
and amendments thereto;

      (7) conduct likely to deceive, defraud or harm the public;

      (8) making a false or misleading statement regarding the licensee's
professional practice or the efficacy or value of a drug;

      (9) commission of any act of sexual abuse, misconduct or exploitation
related to the licensee's professional practice; or

      (10)  performing unnecessary tests, examinations or services which
have no legitimate pharmaceutical purpose.

      (ii) ``Mid-level practitioner'' means an advanced registered nurse
practitioner issued a certificate of qualification pursuant to K.S.A. 65-
1131 and amendments thereto who has authority to prescribe drugs pur-
suant to a written protocol with a responsible physician under K.S.A. 65-
1130 and amendments thereto or a physician's assistant registered
pursuant to K.S.A. 65-2896a and amendments thereto who has authority
to prescribe drugs pursuant to a written protocol with a responsible phy-
sician under K.S.A. 65-2896e and amendments thereto.

      Sec.  7. On April 1, 2000, K.S.A. 1998 Supp. 65-1627, as amended by
section 3 of 1999 Senate Bill No. 267, is hereby amended to read as
follows: 65-1627. (a) The board may revoke, suspend, place in a proba-
tionary status or deny a renewal of any license of any pharmacist upon a
finding that:

      (1) The license was obtained by fraudulent means;

      (2) the licensee has been convicted of a felony and the licensee fails
to show that the licensee has been sufficiently rehabilitated to warrant
the public trust;

      (3) the licensee is found by the board to be guilty of unprofessional
conduct or professional incompetency;

      (4) the licensee is addicted to the liquor or drug habit to such a degree
as to render the licensee unfit to practice the profession of pharmacy;

      (5) the licensee has violated a provision of the federal or state food,
drug and cosmetic act, the uniform controlled substances act of the state
of Kansas, or any rule and regulation adopted under any such act;

      (6) the licensee is found by the board to have filled a prescription not
in strict accordance with the directions of the practitioner or a mid-level
practitioner;

      (7) the licensee is found to be mentally or physically incapacitated to
such a degree as to render the licensee unfit to practice the profession
of pharmacy;

      (8) the licensee has violated any of the provisions of the pharmacy
act of the state of Kansas or any rule and regulation adopted by the board
pursuant to the provisions of such pharmacy act;

      (9) the licensee has failed to comply with the requirements of the
board relating to the continuing education of pharmacists;

      (10) the licensee as a pharmacist in charge or consultant pharmacist
under the provisions of subsection (c) or (d) of K.S.A. 65-1648 and
amendments thereto has failed to comply with the requirements of sub-
section (c) or (d) of K.S.A. 65-1648 and amendments thereto;

      (11) the licensee has knowingly submitted a misleading, deceptive,
untrue or fraudulent misrepresentation on a claim form, bill or statement;

      (12) the licensee has had a license to practice pharmacy revoked,
suspended or limited, has been censured or has had other disciplinary
action taken, or voluntarily surrendered the license after formal proceed-
ings have been commenced, or has had an application for license denied,
by the proper licensing authority of another state, territory, District of
Columbia or other country, a certified copy of the record of the action
of the other jurisdiction being conclusive evidence thereof;

      (13) the licensee has self-administered any controlled substance with-
out a practitioner's prescription order or a mid-level practitioner's pre-
scription order; or

      (14) the licensee has assisted suicide in violation of K.S.A. 21-3406
and amendments thereto as established by any of the following:

      (A) A copy of the record of criminal conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406 and amendments thereto.

      (B) A copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 1998 Supp. 60-4404 and
amendments thereto.

      (C) A copy of the record of a judgment assessing damages under
K.S.A. 1998 Supp. 60-4405 and amendments thereto; or

      (15) the licensee has failed to furnish the board, its investigators or
its representatives any information legally requested by the board.

      (b) In determining whether or not the licensee has violated subsec-
tion (a)(3), (a)(4), (a)(7) or (a)(13), the board upon reasonable suspicion
of such violation has authority to compel a licensee to submit to mental
or physical examination or drug screen, or any combination thereof, by
such persons as the board may designate. To determine whether reason-
able suspicion of such violation exists, the investigative information shall
be presented to the board as a whole. Information submitted to the board
as a whole and all reports, findings and other records shall be confidential
and not subject to discovery by or release to any person or entity. The
licensee shall submit to the board a release of information authorizing
the board to obtain a report of such examination or drug screen, or both.
A person affected by this subsection shall be offered, at reasonable in-
tervals, an opportunity to demonstrate that such person can resume the
competent practice of pharmacy with reasonable skill and safety to pa-
tients. For the purpose of this subsection, every person licensed to prac-
tice pharmacy and who shall accept the privilege to practice pharmacy in
this state by so practicing or by the making and filing of a renewal appli-
cation to practice pharmacy in this state shall be deemed to have con-
sented to submit to a mental or physical examination or a drug screen, or
any combination thereof, when directed in writing by the board and fur-
ther to have waived all objections to the admissibility of the testimony,
drug screen or examination report of the person conducting such exam-
ination or drug screen, or both, at any proceeding or hearing before the
board on the ground that such testimony or examination or drug screen
report constitutes a privileged communication. In any proceeding by the
board pursuant to the provisions of this subsection, the record of such
board proceedings involving the mental and physical examination or drug
screen, or any combination thereof, shall not be used in any other ad-
ministrative or judicial proceeding.

      (c) The board may temporarily suspend or temporarily limit the li-
cense of any licensee in accordance with the emergency adjudicative pro-
ceedings under the Kansas administrative procedure act if the board de-
termines that there is cause to believe that grounds exist for disciplinary
action under subsection (a) against the licensee and that the licensee's
continuation in practice would constitute an imminent danger to the pub-
lic health and safety.

      (d) The board may suspend, revoke, place in a probationary status or
deny a renewal of any retail dealer's permit issued by the board when
information in possession of the board discloses that such operations for
which the permit was issued are not being conducted according to law or
the rules and regulations of the board.

      (e) The board may revoke, suspend, place in a probationary status or
deny a renewal of the registration of a pharmacy upon a finding that: (1)
Such pharmacy has been operated in such manner that violations of the
provisions of the pharmacy act of the state of Kansas or of the rules and
regulations of the board have occurred in connection therewith; (2) the
owner or any pharmacist employed at such pharmacy is convicted, sub-
sequent to such owner's acquisition of or such employee's employment
at such pharmacy, of a violation of the pharmacy act or uniform controlled
substances act of the state of Kansas, or the federal or state food, drug
and cosmetic act; (3) the owner or any pharmacist employed by such
pharmacy has fraudulently claimed money for pharmaceutical services;
or (4) the registrant has had a registration revoked, suspended or limited,
has been censured or has had other disciplinary action taken, or an ap-
plication for registration denied, by the proper registering authority of
another state, territory, District of Columbia or other country, a certified
copy of the record of the action of the other jurisdiction being conclusive
evidence thereof.

      (f) A registration to manufacture or to distribute at wholesale a drug
or a registration for the place of business where any such operation is
conducted may be suspended, revoked, placed in a probationary status
or the renewal of such registration may be denied by the board upon a
finding that the registrant or the registrant's agent: (1) Has materially
falsified any application filed pursuant to or required by the pharmacy
act of the state of Kansas; (2) has been convicted of a felony under any
federal or state law relating to the manufacture or distribution of drugs;
(3) has had any federal registration for the manufacture or distribution of
drugs suspended or revoked; (4) has refused to permit the board or its
duly authorized agents to inspect the registrant's establishment in ac-
cordance with the provisions of K.S.A. 65-1629 and amendments thereto;
(5) has failed to keep, or has failed to file with the board or has falsified
records required to be kept or filed by the provisions of the pharmacy
act of the state of Kansas or by the board's rules and regulations; or (6)
has violated the pharmacy act of the state of Kansas or rules and regu-
lations adopted by the state board of pharmacy under the pharmacy act
of the state of Kansas or has violated the uniform controlled substances
act or rules and regulations adopted by the state board of pharmacy under
the uniform controlled substances act.

      (g) Orders under this section, and proceedings thereon, shall be sub-
ject to the provisions of the Kansas administrative procedure act.

      Sec.  8. On April 1, 2000, K.S.A. 1998 Supp. 65-1643, as amended by
section 5 of 1999 Senate Bill No. 267, is hereby amended to read as
follows: 65-1643. On and after the effective date of this act, it shall be
unlawful:

      (a) For any person to operate, maintain, open or establish any phar-
macy within this state without first having obtained a registration from
the board. Each application for registration of a pharmacy shall indicate
the person or persons desiring the registration, including the pharmacist
in charge, as well as the location, including the street name and number,
and such other information as may be required by the board to establish
the identity and exact location of the pharmacy. The issuance of a regis-
tration for any pharmacy shall also have the effect of permitting such
pharmacy to operate as a retail dealer without requiring such pharmacy
to obtain a retail dealer's permit. On evidence satisfactory to the board:
(1) That the pharmacy for which the registration is sought will be con-
ducted in full compliance with the law and the rules and regulations of
the board; (2) that the location and appointments of the pharmacy are
such that it can be operated and maintained without endangering the
public health or safety; (3) that the pharmacy will be under the supervision
of a pharmacist, a registration shall be issued to such persons as the board
shall deem qualified to conduct such a pharmacy.

      (b) For any person to manufacture within this state any drugs except
under the personal and immediate supervision of a pharmacist or such
other person or persons as may be approved by the board after an inves-
tigation and a determination by the board that such person or persons is
qualified by scientific or technical training or experience to perform such
duties of supervision as may be necessary to protect the public health and
safety; and no person shall manufacture any such drugs without first ob-
taining a registration so to do from the board. Such registration shall be
subject to such rules and regulations with respect to requirements, sani-
tation and equipment, as the board may from time to time adopt for the
protection of public health and safety.

      (c) For any person to distribute at wholesale any drugs without first
obtaining a registration so to do from the board.

      (d) For any person to sell or offer for sale at public auction or private
sale in a place where public auctions are conducted, any drugs without
first having obtained a registration from the board so to do, and it shall
be necessary to obtain the permission of the board in every instance where
any of the products covered by this section are to be sold or offered for
sale.

      (e) For any person to in any manner distribute or dispense samples
of any drugs without first having obtained a permit from the board so to
do, and it shall be necessary to obtain permission from the board in every
instance where the samples are to be distributed or dispensed. Nothing
in this subsection shall be held to regulate or in any manner interfere
with the furnishing of samples of drugs to duly licensed practitioners, to
mid-level practitioners, to pharmacists or to medical care facilities.

      (f) Except as otherwise provided in this subsection (f), for any person
operating a store or place of business to sell, offer for sale or distribute
any drugs to the public without first having obtained a registration or
permit from the board authorizing such person so to do. No retail dealer
who sells 12 or fewer different nonprescription drug products shall be
required to obtain a retail dealer's permit under the pharmacy act of the
state of Kansas or to pay a retail dealer new permit or permit renewal fee
under such act. It shall be lawful for a retail dealer who is the holder of
a valid retail dealer's permit issued by the board or for a retail dealer who
sells 12 or fewer different nonprescription drug products to sell and dis-
tribute nonprescription drugs which are prepackaged, fully prepared by
the manufacturer or distributor for use by the consumer and labeled in
accordance with the requirements of the state and federal food, drug and
cosmetic acts. Such nonprescription drugs shall not include: (1) A con-
trolled substance; (2) a prescription-only drug; or (3) a drug product in-
tended for human use by hypodermic injection; but such a retail dealer
shall not be authorized to display any of the words listed in subsection
(u) of K.S.A. 65-1626 and amendments thereto, for the designation of a
pharmacy or drugstore.

      (g) For any person to sell any drugs manufactured and sold only in
the state of Kansas, unless the label and directions on such drugs shall
first have been approved by the board.

      (h) For any person to operate an institutional drug room without first
having obtained a registration to do so from the board. Such registration
shall be subject to the provisions of K.S.A. 65-1637a and amendments
thereto and any rules and regulations adopted pursuant thereto.

      (i) For any person to be a pharmacy student without first obtaining
a registration to do so from the board, in accordance with rules and reg-
ulations adopted by the board, and paying a pharmacy student registration
fee of $25 to the board.

      Sec.  9. On April 1, 2000, K.S.A. 65-4116, as amended by section 4
of 1999 House Bill No. 2215, is hereby amended to read as follows: 65-
4116. (a) Every person who manufactures, distributes or dispenses any
controlled substance within this state or who proposes to engage in the
manufacture, distribution or dispensing of any controlled substance
within this state shall obtain annually a registration issued by the board
in accordance with the uniform controlled substances act and with rules
and regulations adopted by the board.

      (b) Persons registered by the board under this act to manufacture,
distribute, dispense or conduct research with controlled substances may
possess, manufacture, distribute, dispense or conduct research with those
substances to the extent authorized by their registration and in conformity
with the other provisions of this act.

      (c) The following persons need not register and may lawfully possess
controlled substances under this act, as specified in this subsection:

      (1) An agent or employee of any registered manufacturer, distributor
or dispenser of any controlled substance if the agent or employee is acting
in the usual course of such agent or employee's business or employment;

      (2) a common or contract carrier or warehouseman or an employee
thereof whose possession of any controlled substance is in the usual
course of business or employment;

      (3) an ultimate user or a person in possession of any controlled sub-
stance pursuant to a lawful order of a practitioner or a mid-level practi-
tioner or in lawful possession of a schedule V substance;

      (4) persons licensed and registered by the board under the provisions
of the acts contained in article 16 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto, to manufacture, dispense or dis-
tribute drugs are considered to be in compliance with the registration
provision of the uniform controlled substances act without additional pro-
ceedings before the board or the payment of additional fees, except that
manufacturers and distributors shall complete and file the application
form required under the uniform controlled substances act;

      (5) any person licensed by the state board of healing arts under the
Kansas healing arts act;

      (6) any person licensed by the state board of veterinary examiners;

      (7) any person licensed by the Kansas dental board; and

      (8) a mid-level practitioner; and

      (8) (9) any person who is a member of the Native American Church,
with respect to use or possession of peyote, whose use or possession of
peyote is in, or for use in, bona fide religious ceremonies of the Native
American Church, but nothing in this paragraph shall authorize the use
or possession of peyote in any place used for the confinement or housing
of persons arrested, charged or convicted of criminal offenses or in the
state security hospital.

      (d) The board may waive by rules and regulations the requirement
for registration of certain manufacturers, distributors or dispensers if the
board finds it consistent with the public health and safety, except that
licensure of any person by the state board of healing arts to practice any
branch of the healing arts, Kansas dental board or the state board of
veterinary examiners shall constitute compliance with the registration
requirements of the uniform controlled substances act by such person for
such person's place of professional practice. Evidence of abuse as deter-
mined by the board relating to a person licensed by the state board of
healing arts shall be submitted to the state board of healing arts and the
attorney general within 60 days. The state board of healing arts shall,
within 60 days, make findings of fact and take such action against such
person as it deems necessary. All findings of fact and any action taken
shall be reported by the state board of healing arts to the board of phar-
macy and the attorney general. Evidence of abuse as determined by the
board relating to a person licensed by the state board of veterinary ex-
aminers shall be submitted to the state board of veterinary examiners and
the attorney general within 60 days. The state board of veterinary ex-
aminers shall, within 60 days, make findings of fact and take such action
against such person as it deems necessary. All findings of fact and any
action taken shall be reported by the state board of veterinary examiners
to the board of pharmacy and the attorney general. Evidence of abuse as
determined by the board relating to a dentist licensed by the Kansas
dental board shall be submitted to the Kansas dental board and the at-
torney general within 60 days. The Kansas dental board shall, within 60
days, make findings of fact and take such action against such dentist as it
deems necessary. All findings of fact and any action taken shall be re-
ported by the Kansas dental board to the board of pharmacy and the
attorney general.

      (e) A separate annual registration is required at each place of business
or professional practice where the applicant manufactures, distributes or
dispenses controlled substances.

      (f) The board may inspect the establishment of a registrant or appli-
cant for registration in accordance with the board's rules and regulations.

      (g)  (1) The registration of any person or location shall terminate
when such person or authorized representative of a location dies, ceases
legal existence, discontinues business or professional practice or changes
the location as shown on the certificate of registration. Any registrant who
ceases legal existence, discontinues business or professional practice, or
changes location as shown on the certificate of registration, shall notify
the board promptly of such fact and forthwith deliver the certificate of
registration directly to the secretary or executive secretary of the board.
In the event of a change in name or mailing address the person or au-
thorized representative of the location shall notify the board promptly in
advance of the effective date of this change by filing the change of name
or mailing address with the board. This change shall be noted on the
original application on file with the board.

      (2) No registration or any authority conferred thereby shall be as-
signed or otherwise transferred except upon such conditions as the board
may specifically designate and then only pursuant to the written consent
of the board.

      Sec.  10. K.S.A. 1998 Supp. 75-2935 is hereby amended to read as
follows: 75-2935. The civil service of the state of Kansas is hereby divided
into the unclassified and the classified services.

      (1) The unclassified service comprises positions held by state officers
or employees who are:

      (a) Chosen by election or appointment to fill an elective office;

      (b) members of boards and commissions, heads of departments re-
quired by law to be appointed by the governor or by other elective offi-
cers, and the executive or administrative heads of offices, departments,
divisions and institutions specifically established by law;

      (c) except as otherwise provided under this section, one personal sec-
retary to each elective officer of this state, and in addition thereto, 10
deputies, clerks or employees designated by such elective officer;

      (d) all employees in the office of the governor;

      (e) officers and employees of the senate and house of representatives
of the legislature and of the legislative coordinating council and all officers
and employees of the office of revisor of statutes, of the legislative re-
search department, of the division of legislative administrative services,
of the division of post audit and the legislative counsel;

      (f) chancellor, president, deans, administrative officers, student
health service physicians, pharmacists, teaching and research personnel,
health care employees and student employees in the institutions under
the state board of regents, the executive officer of the board of regents
and the executive officer's employees other than clerical employees, and,
at the discretion of the state board of regents, directors or administrative
officers of departments and divisions of the institution and county exten-
sion agents, except that this subsection (1)(f) shall not be construed to
include the custodial, clerical or maintenance employees, or any employ-
ees performing duties in connection with the business operations of any
such institution, except administrative officers and directors; as used in
this subsection (1)(f), ``health care employees'' means employees of the
university of Kansas medical center who provide health care services at
the university of Kansas medical center and who are medical technicians
or technologists or respiratory therapists, who are licensed professional
nurses or licensed practical nurses, or who are in job classes which are
designated for this purpose by the chancellor of the university of Kansas
upon a finding by the chancellor that such designation is required for the
university of Kansas medical center to recruit or retain personnel for
positions in the designated job classes; and employees of any institution
under the state board of regents who are medical technologists;

      (g) operations, maintenance and security personnel employed to im-
plement agreements entered into by the adjutant general and the federal
national guard bureau, and officers and enlisted persons in the national
guard and the naval militia;

      (h) persons engaged in public work for the state but employed by
contractors when the performance of such contract is authorized by the
legislature or other competent authority;

      (i) persons temporarily employed or designated by the legislature or
by a legislative committee or commission or other competent authority
to make or conduct a special inquiry, investigation, examination or in-
stallation;

      (j) officers and employees in the office of the attorney general and
special counsel to state departments appointed by the attorney general,
except that officers and employees of the division of the Kansas bureau
of investigation shall be in the classified or unclassified service as provided
in K.S.A. 75-711, and amendments thereto;

      (k) all employees of courts;

      (l) client, patient and inmate help in any state facility or institution;

      (m) all attorneys for boards, commissions and departments;

      (n) the secretary and assistant secretary of the Kansas state historical
society;

      (o) physician specialists, dentists, dental hygienists, pharmacists,
medical technologists and long term care workers employed by the de-
partment of social and rehabilitation services;

      (p) physician specialists, dentists and medical technologists employed
by any board, commission or department or by any institution under the
jurisdiction thereof;

      (q) student employees enrolled in public institutions of higher learn-
ing;

      (r) administrative officers, directors and teaching personnel of the
state board of education and the state department of education and of
any institution under the supervision and control of the state board of
education, except that this subsection (1)(r) shall not be construed to
include the custodial, clerical or maintenance employees, or any employ-
ees performing duties in connection with the business operations of any
such institution, except administrative officers and directors;

      (s) all officers and employees in the office of the secretary of state;

      (t) one personal secretary and one special assistant to the following:
The secretary of administration, the secretary of aging, the secretary of
agriculture, the secretary of commerce and housing, the secretary of cor-
rections, the secretary of health and environment, the superintendent of
the Kansas highway patrol, the secretary of human resources, the secre-
tary of revenue, the secretary of social and rehabilitation services, the
secretary of transportation, the secretary of wildlife and parks and the
commissioner of juvenile justice;

      (u) one personal secretary and one special assistant to the chancellor
and presidents of institutions under the state board of regents;

      (v) one personal secretary and one special assistant to the executive
vice chancellor of the university of Kansas medical center;

      (w) one public information officer and one chief attorney for the fol-
lowing: The department of administration, the department on aging, the
department of agriculture, the department of commerce and housing, the
department of corrections, the department of health and environment,
the department of human resources, the department of revenue, the de-
partment of social and rehabilitation services, the department of trans-
portation, the Kansas department of wildlife and parks and the commis-
sioner of juvenile justice;

      (x) civil service examination monitors;

      (y) one executive director, one general counsel and one director of
public affairs and consumer protection in the office of the state corpo-
ration commission;

      (z) specifically designated by law as being in the unclassified service;
and

      (aa) all officers and employees of Kansas, Inc. and the Kansas tech-
nology enterprise corporation.; and

      (bb) any position that is classified as a position in the information
resource manager job class series, that is the chief position responsible for
all information resources management for a state agency, and that be-
comes vacant on or after the effective date of this act. Nothing in this
section shall affect the classified status of any employee in the classified
service who is employed on the date immediately preceding the effective
date of this act in any position that is a classified position in the infor-
mation resource manager job class series and the unclassified status as
prescribed by this subsection shall apply only to a person appointed to
any such position on or after the effective date of this act that is the chief
position responsible for all information resources management for a state
agency.

      (2) The classified service comprises all positions now existing or here-
after created which are not included in the unclassified service. Appoint-
ments in the classified service shall be made according to merit and fitness
from eligible pools which so far as practicable shall be competitive. No
person shall be appointed, promoted, reduced or discharged as an officer,
clerk, employee or laborer in the classified service in any manner or by
any means other than those prescribed in the Kansas civil service act and
the rules adopted in accordance therewith.

      (3) For positions involving unskilled, or semiskilled duties, the sec-
retary of administration, as provided by law, shall establish rules and reg-
ulations concerning certifications, appointments, layoffs and reemploy-
ment which may be different from the rules and regulations established
concerning these processes for other positions in the classified service.

      (4) Officers authorized by law to make appointments to positions in
the unclassified service, and appointing officers of departments or insti-
tutions whose employees are exempt from the provisions of the Kansas
civil service act because of the constitutional status of such departments
or institutions shall be permitted to make appointments from appropriate
pools of eligibles maintained by the division of personnel services.

      Sec.  11. K.S.A. 76-375 is hereby amended to read as follows: 76-375.
(a) On or before December 31 in each year, the chancellor of the uni-
versity of Kansas, or the designee of the chancellor, shall prepare a list of
the areas of this state which the chancellor, or designee of the chancellor,
determines to be critically medically underserved areas by specialty and
the areas of this state which the chancellor, or designee of the chancellor,
determines to be medically underserved areas by specialty. In preparing
such a list the chancellor, or designee of the chancellor, shall consult with
the medical scholarship advisory committee. All state medical care facil-
ities or institutions, all medical centers operated in the state of Kansas by
the veterans administration of the United States, and all full-time faculty
positions at the university of Kansas school of medicine in family medicine
or family practice are qualified for service in both service commitment
area I and service commitment area II without being determined medi-
cally underserved areas. In preparing such a list, the portion of time of
persons engaged in the practice of medicine and surgery at any institution
under the jurisdiction and control of the secretary of social and rehabil-
itation services shall not be included in determining whether an area is
critically medically underserved or medically underserved. Every such list
shall note that all state medical care facilities or institutions qualify for
such service commitments, in addition to listing those areas determined
to be critically medically underserved or medically underserved. Critically
medically underserved areas by specialty and medically underserved areas
by specialty established prior to the effective date of this act by the sec-
retary of health and environment shall continue in effect for the purposes
of this act until changed by the chancellor of the university of Kansas, or
the designee of the chancellor. The chancellor of the university of Kansas,
or the designee of the chancellor, upon a finding of exceptional circum-
stances may modify areas or portions of areas determined to be critically
medically underserved or medically underserved by specialty.

      (b)  (1) A service commitment area shall be designated as a service
commitment area I or a service commitment area II. Service commitment
area I shall be any area determined by the chancellor of the university of
Kansas, or the designee of the chancellor, under subsection (a) to be, for
purposes of all agreements entered into under K.S.A. 76-374 and amend-
ments thereto, a medically underserved area or a critically medically un-
derserved area. Service commitment area II shall be, for purposes of all
agreements entered into under K.S.A. 76-374 and amendments thereto,
the state of Kansas.

      (2) The service commitment area I or II for persons first awarded
scholarships after December 31, 1985, shall be an incorporated city of
this state as specified in subsection (d)(2) of K.S.A. 76-374 and amend-
ments thereto, all state medical care facilities or institutions, all medical
centers operated in the state of Kansas by the veterans administration of
the United States, and the full-time faculty positions at the university of
Kansas school of medicine in general internal medicine, general pediat-
rics, family medicine or family practice, except that, at the time any person
commences satisfying a service commitment under this subsection as a
full-time faculty member, the number of persons satisfying service com-
mitments or service obligations, pursuant to agreements under K.S.A. 76-
374 and amendments thereto or the medical student loan act, as full-time
faculty members pursuant to this subsection shall not exceed the number
equal to 25% of the total number of full-time faculty members of the
university of Kansas school of medicine in general internal medicine, gen-
eral pediatrics, family medicine or family practice.

      (c) In selecting a service commitment area I or II, whichever is ap-
plicable, prior to the commencement of the full-time practice of medicine
and surgery pursuant to all agreements entered into under K.S.A. 76-374
and amendments thereto requiring service for a period of time in a service
commitment area I or II, whichever is applicable, the person so selecting
shall select such area from among those areas appearing on the list of
areas prepared by the chancellor of the university of Kansas, or the des-
ignee of the chancellor, under this section. The service commitment area
selected shall have appeared on any such list not more than 36 months
prior to the commencement of such full-time practice of medicine and
surgery by the person selecting such service commitment area. Upon the
selection of such service commitment area, the person so selecting shall
inform the university of Kansas school of medicine of the area selected.

      (d) A person serving in a service commitment area I or II, whichever
is applicable, pursuant to any agreement under this act may serve all or
part of any commitment in the service commitment area initially selected
by such person. If such person moves from one service commitment area
I or II to another service commitment area I or II, as applicable, such
person shall notify the university of Kansas school of medicine of such
person's change of service commitment area. Service in any such service
commitment area I or II, as applicable, selected from the appropriate lists
of service commitment areas, shall be deemed to be continuous for the
purpose of satisfying any agreement entered into under this act. Any
service commitment area I or II, as applicable, selected after the initially
selected service commitment area I or II shall have appeared on a service
commitment area I list or on a service commitment area II list, as appli-
cable, which shall have been prepared not more than 12 months prior to
the move by such person from one service commitment area I or II to
another service commitment area I or II, as applicable.

      (e)  (1) A person awarded a scholarship prior to January 1, 1986, may
satisfy the obligation to engage in the full-time practice of medicine and
surgery in a service commitment area I even though such person is en-
gaged in such practice in two or more locations within the state of Kansas,
at least one of which is not located in a service commitment area I, if the
person is engaged in the full-time practice of medicine and surgery in
such locations pursuant to a practice affiliation agreement approved by
the chancellor of the university of Kansas, or the designee of the chan-
cellor.

      (2) A person awarded a scholarship prior to January 1, 1986, may
satisfy the obligation to engage in the full-time practice of medicine and
surgery in either service commitment area I or service commitment area
II by performing at least 100 hours per month of on-site primary care as
defined in K.S.A. 76-374 and amendments thereto at a medical facility
operated by a local health department or nonprofit organization in this
state serving medically indigent persons. As used in this paragraph, ``med-
ically indigent'' means a person: (A) Who is unable to secure health care
because of inability to pay for all or a part of the costs thereof due to
inadequate personal resources, being uninsured, being underinsured, be-
ing ineligible for governmental health benefits; or (B) who is eligible for
governmental benefits but is unable to obtain medical services.

      (3) A person awarded a scholarship prior to January 1, 1986, may
satisfy the obligation to engage in the full-time practice of medicine and
surgery in either service commitment area I or II by engaging in such
full-time practice of medicine and surgery, other than in a primary care
specialty, anywhere in the state of Kansas with the exception of the fol-
lowing counties: Douglas, Johnson, Leavenworth, Sedgwick, Shawnee or
Wyandotte, except that the full-time practice of medicine and surgery
within the six listed counties will qualify if the selected county is desig-
nated as a service commitment area I or II in accordance with the pro-
visions of this section, or whenever there are fewer than three persons
engaged in the full-time practice of medicine and surgery in a designated
specialty in the selected county. Any person who satisfies the obligation
to engage in the full-time practice of medicine and surgery in accordance
with this subsection (e)(3) shall remain obligated to repay the amounts
received for living expenses as prescribed in subsection (a)(5) of K.S.A.
75-376 and amendments thereto. As used in this subsection (e)(3), ``pri-
mary care'' means general pediatrics, general internal medicine or family
practice.

      (f) A person awarded a scholarship in accordance with the provisions
of K.S.A. 76-373 through 76-377a and amendments thereto may satisfy
the obligation to engage in the practice of medicine and surgery, under
an agreement entered into pursuant to K.S.A. 76-374 and amendments
thereto even though such person is engaged in practice in an area not
designated a medically underserved area by specialty, or a critically med-
ically underserved area by specialty, through employment on a part-time
basis by the state of Kansas which has been approved by the chancellor
of the university of Kansas, or the designee of the chancellor, for the
practice of medicine and surgery at any state medical care facility or
institution.

      (g) In connection with the determination of critically medically un-
derserved areas and medically underserved areas under this section, the
chancellor of the university of Kansas, or the designee of the chancellor,
shall assess annually the need in the state as a whole for medical services
provided by persons engaged in the practice of medicine and surgery and
shall report thereon annually to the legislature. Each report shall include
any recommendations for needed legislation, including any recom-
mended amendments to this act, which relate to the need for such med-
ical services in the various areas of this state.

      (h) There is hereby established the medical scholarship advisory com-
mittee. Members of the medical scholarship advisory committee shall be
appointed by the chancellor of the university of Kansas as follows: (1)
One member shall be from the office of the chancellor of the university
of Kansas; (2) one member shall be a representative of the Kansas medical
society; (3) one member shall be a member of the Kansas legislature; (4)
one member shall be a student at the university of Kansas school of med-
icine; and (5) one member shall be a representative of the Kansas hospital
association. The medical scholarship advisory committee shall meet pe-
riodically upon the call of the chancellor, or the designee of the chancel-
lor, and shall make recommendations to the chancellor, or the designee
of the chancellor, in regard to the administration of the provisions of this
act.

      (i) The chancellor of the university of Kansas may appoint a medical
scholarship program coordinator for the purpose of planning and admin-
istering the provisions of this act. The coordinator shall be in the unclas-
sified service under the Kansas civil service act.

      (j) For all purposes under this section, service or employment after
June 30, 1988, on a part-time basis (1) pursuant to a practice affiliation
agreement approved by the chancellor of the university of Kansas, or the
chancellor's designee, or (2) at a state medical care facility or institution,
shall be on the basis of at least the equivalent of 1/2 time in order to satisfy
the obligation to engage in the practice of medicine and surgery under
an agreement entered into pursuant to K.S.A. 76-374 and amendments
thereto.

      (k) As used in this section, ``state medical care facility or institution''
includes, but is not limited to, the Kansas state school for the visually
handicapped, the Kansas state school for the deaf, any institution under
the secretary of social and rehabilitation services, as defined by subsection
(b) of K.S.A. 76-12a01 and amendments thereto, any institution under
the commissioner of juvenile justice, as defined by K.S.A. 38-1602, and
amendments thereto, the Kansas soldiers' home, the Kansas veterans'
home and any correctional institution under the secretary of corrections,
as defined by subsection (d) of K.S.A. 75-5202 and amendments thereto,
but shall not include any state educational institution under the state
board of regents, as defined by subsection (a) of K.S.A. 76-711 and
amendments thereto, except as specifically provided by statute.

      Sec.  12. K.S.A. 76-381 is hereby amended to read as follows: 76-381.
As used in K.S.A. 76-380 through 76-386 and amendments thereto:

      (a) ``Act'' means the medical student loan act;

      (b) ``approved postgraduate residency training program'' means a res-
idency training program in general pediatrics, general internal medicine,
family medicine, family practice or emergency medicine;

      (c) ``service commitment area'' means (1) any community within any
county in Kansas other than Douglas, Johnson, Sedgwick, Shawnee or
Wyandotte county, (2) any state medical care facility or institution, (3)
any medical center operated by the veterans administration of the United
States, or (4) the full-time faculty of the university of Kansas school of
medicine in family medicine or family practice; and

      (d) ``state medical care facility or institution'' includes, but is not lim-
ited to, the Kansas state school for the visually handicapped, the Kansas
state school for the deaf, any institution under the secretary of social and
rehabilitation services, as defined by subsection (b) of K.S.A. 76-12a01
and amendments thereto, any institution under the commissioner of ju-
venile justice as defined by K.S.A. 38-1602, and amendments thereto, the
Kansas soldiers' home, the Kansas veterans' home and any correctional
institution under the secretary of corrections, as defined by subsection
(d) of K.S.A. 75-5202 and amendments thereto, but shall not include any
state educational institution under the state board of regents, as defined
by subsection (a) of K.S.A. 76-711 and amendments thereto, except as
specifically provided by statute.

      Section  13. K.S.A. 82a-718, as amended by section 1 of 1999 House
Bill No. 2404, is hereby amended to read as follows: 82a-718. (a) All
appropriations of water must be for some beneficial purpose. Every water
right of every kind shall be deemed abandoned and shall terminate when
without due and sufficient cause no lawful, beneficial use is henceforth
made of water under such right for five successive years. Before any water
right shall be declared abandoned and terminated the chief engineer shall
conduct a hearing thereon in accordance with the provisions of the Kansas
administrative procedure act. Notice shall be served on the user at least
30 days before the date of the hearing. The determination of the chief
engineer pursuant to this section shall be subject to review in accordance
with the provisions of section 10 of 1999 House Substitute for Senate Bill
No. 287 and amendments thereto.

      The verified report of the chief engineer or such engineer's authorized
representative shall be prima facie evidence of the abandonment and
termination of any water right.

      (b) When no lawful, beneficial use of water under a water right has
been reported for three successive years, the chief engineer shall notify
the user, by certified mail, return receipt requested, that: (1) No lawful,
beneficial use of the water has been reported for three successive years;
(2) if no lawful, beneficial use is made of the water for five successive
years, the right may be terminated; and (3) the right will not be termi-
nated if the user shows that for one or more of the five consecutive years
the beneficial use of the water was prevented or made unnecessary by
circumstances that are due and sufficient cause for nonuse, which cir-
cumstances shall be included in the notice.

      (c) The provisions of subsection (a) shall not apply to a water right
that has not been declared abandoned and terminated before the effective
date of this act if the five years of successive nonuse occurred exclusively
and entirely before January 1, 1990. However, the provisions of subsec-
tion (a) shall apply if the period of five successive years of nonuse began
before January 1, 1990, and continued after that date.

 Sec.  14. K.S.A. 76-375, 76-375a, 76-381 and 76-381a and K.S.A.
1998 Supp. 40-3302a, 44-503, 44-503b, 75-2935 and 75-2935f and K.S.A.
17-7301, as amended by section 4 of 1999 House Bill No. 2161, K.S.A.
17-7301, as amended by section 17 of 1999 Senate Bill No. 311, K.S.A.
82a-718, as amended by section 1 of 1999 House Bill No. 2404, and K.S.A.
82a-718, as amended by section 7 of 1999 House Substitute for Senate
Bill No. 287, and K.S.A. 1998 Supp. 17-6003, as amended by section 10
of 1999 House Bill No. 2161, K.S.A. 1998 Supp. 17-6003, as amended by
section 7 of 1999 Senate Bill No. 311, K.S.A. 1998 Supp. 32-988, as
amended by section 2 of 1999 House Substitute for Senate Bill No. 70,
K.S.A. 1998 Supp. 32-988, as amended by section 4 of 1999 House Bill
No. 2492, K.S.A. 1998 Supp. 65-1431, as amended by section 1 of 1999
Senate Bill No. 71, and K.S.A. 1998 Supp. 65-1431, as amended by section
1 of 1999 House Bill No. 2254, are hereby repealed.

      Sec.  15. On April 1, 2000, K.S.A. 65-4116, as amended by section 14
of 1999 House Bill No. 2168, K.S.A. 65-4116, as amended by section 4
of 1999 House Bill No. 2215, and K.S.A. 1998 Supp. 65-1626, as amended
by section 1 of 1999 Senate Bill No. 267, K.S.A. 1998 Supp. 65-1626, as
amended by section 2 of 1999 House Bill No. 2168, K.S.A. 1998 Supp.
65-1627, as amended by section 3 of 1999 Senate Bill No. 267, K.S.A.
1998 Supp. 65-1627, as amended by section 9 of 1999 House Bill No.
2168, K.S.A. 1998 Supp. 65-1643, as amended by section 5 of 1999 Senate
Bill No. 267, and K.S.A. 1998 Supp. 65-1643, as amended by section 10
of 1999 House Bill No. 2168, are hereby repealed.

      Sec.  16. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 12, 1999.
__________