CHAPTER 87 HOUSE BILL No. 2215 (Amended by Chapter 149) An  Act concerning respiratory therapy; relating to licensure; amending K.S.A. 39-952, 40-
12a01, 65-4116, 65-4921, 65-5502, 65-5503, 65-5504, 65-5505, 65-5506, 65-5507, 65-
5510, 65-5511, 65-5512 and 65-5514 and K.S.A. 1998 Supp. 40-3103, 65-4915, 65-5508,
65-5509, 74-4916 and 74-4960a and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 39-952 is hereby amended to read as follows: 39-
952. The secretary of health and environment or the secretary's designee
shall not issue a correction order to a person licensed to operate an adult
care home because of a violation of a provision of article 9 of chapter 39
of the Kansas Statutes Annotated or a rule and regulation adopted there-
under which was caused by any person licensed by the state board of
healing arts to practice a branch of the healing arts if such person licensed
by the state board of healing arts is not an owner, operator or employee
of the adult care home and if the person licensed to operate the adult
care home shows that he or she such person has exercised reasonable
diligence in notifying such the person licensed by the state board of heal-
ing arts to practice a branch of the healing arts of his or her such person's
duty to the residents of the adult care home.

      Sec.  2. K.S.A. 40-12a01 is hereby amended to read as follows: 40-
12a01. As used in this act: (a) ``Health care provider'' means any person
licensed to practice any branch of the healing art arts by the board of
healing arts or any hospital licensed under the provisions of K.S.A. 65-
425 et seq., and amendments thereto, or a private psychiatric hospital
authorized under K.S.A. 75-3307b and amendments thereto;

      (b) ``person'' means an individual, corporation, partnership, associa-
tion, joint stock company, trust, unincorporated organization or any sim-
ilar entity;

      (c) ``affiliate'' means a person that directly or indirectly, through one
or more intermediaries, employs, controls or is controlled by, or is under
common control with a health care provider;

      (d) ``commissioner'' means the commissioner of insurance; and

      (e) ``association'' means any organization whose income is exempt
from taxation pursuant to section 501(a) of the internal revenue code of
1986, and amendments thereto, as in effect on the effective date of this
act, due to such association's compliance with section 501(c)(6) of such
code, and amendments thereto, as in effect on the effective date of this
act.

      Sec.  3. K.S.A. 1998 Supp. 40-3103 is hereby amended to read as
follows: 40-3103. As used in this act, the following words and phrases
shall have the meanings respectively ascribed to them herein:

      (a) ``Commissioner'' means the state commissioner of insurance.

      (b) ``Disability benefits'' means allowances for loss of monthly earn-
ings due to an injured person's inability to engage in available and appro-
priate gainful activity, subject to the following conditions and limitations:
(1) The injury sustained is the proximate cause of the injured person's
inability to engage in available and appropriate gainful activity; (2) subject
to the maximum benefits stated herein, allowances shall equal 100% of
any such loss per individual, unless such allowances are deemed not in-
cludable in gross income for federal income tax purposes, in which event
such allowances shall be limited to 85%; and (3) allowances shall be made
up to a maximum of not less than $900 per month for not to exceed one
year after the date the injured person becomes unable to engage in avail-
able and appropriate gainful activity.

      (c) ``Director'' means the director of vehicles.

      (d) ``Funeral benefits'' means allowances for funeral, burial or cre-
mation expenses in an amount not to exceed $2,000 per individual.

      (e) ``Highway'' means the entire width between the boundary lines
of every way publicly maintained, when any part thereof is open to the
use of the public for purposes of vehicular travel.

      (f) ``Implement of husbandry'' means every vehicle designed or
adapted and used exclusively for agricultural operations and only inci-
dentally operated or moved upon the highways.

      (g) ``Insurer'' means any insurance company, as defined by K.S.A. 40-
201, and amendments thereto, authorized to transact business in this
state, which issues policies of motor vehicle liability insurance covering
liability arising out of the ownership, operation, maintenance or use of a
motor vehicle.

      (h) ``Injured person'' means any person suffering injury.

      (i) ``Injury'' means bodily harm, sickness, disease or death resulting
from an accident arising out of the ownership, maintenance or use of a
motor vehicle.

      (j) ``Lienholder'' means a person holding a security interest in a ve-
hicle.

      (k) ``Medical benefits'' means and includes allowances for all reason-
able expenses, up to a limit of not less than $4,500, for necessary health
care rendered by practitioners licensed by the state board of healing arts
to practice any branch of the healing arts or licensed psychologists, sur-
gical, x-ray and dental services, including prosthetic devices and necessary
ambulance, hospital and nursing services; and such term also includes
allowances for services recognized and permitted under the laws of this
state for an injured person who relies upon spiritual means through prayer
alone for healing in accordance with such person's religious beliefs.

      (l) ``Monthly earnings'' means: (1) In the case of a regularly employed
person or a person regularly self-employed, 1/12 of the annual earnings at
the time of injury; or (2) in the case of a person not regularly employed
or self-employed, or of an unemployed person, 1/12 of the anticipated
annual earnings from the time such person would reasonably have been
expected to be regularly employed. In calculating the anticipated annual
earnings of an unemployed person who has previously been employed,
the insurer shall average the annual compensation of such person for not
to exceed five years preceding the year of injury or death, during which
such person was employed.

      (m) ``Motor vehicle'' means every self-propelled vehicle of a kind re-
quired to be registered in this state, including any trailer, semitrailer or
pole trailer designed for use with such vehicle, but such term does not
include a motorized bicycle.

      (n) ``Operator'' means any person who drives or is in actual physical
control of a motor vehicle upon a highway or who is exercising control
over or steering a vehicle being towed by a motor vehicle.

      (o) ``Owner'' means a person, other than a lienholder, having property
in or title to a motor vehicle, including a person who is entitled to the
use and possession of a motor vehicle subject to a security interest held
by another person, but such term does not include a lessee under a lease
not intended as security.

      (p) ``Person'' means an individual, partnership, corporation or other
association of persons.

      (q) ``Personal injury protection benefits'' means the disability bene-
fits, funeral benefits, medical benefits, rehabilitation benefits, substitution
benefits and survivors' benefits required to be provided in motor vehicle
liability insurance policies pursuant to this act.

      (r) ``Rehabilitation benefits'' means allowances for all reasonable ex-
penses, up to a limit of not less than $4,500, for necessary psychiatric or
psychological services, occupational therapy and such occupational train-
ing and retraining as may be reasonably necessary to enable the injured
person to obtain suitable employment.

      (s) ``Relative residing in the same household'' means a relative of any
degree by blood, marriage or adoption, who usually makes such person's
home in the same family unit, whether or not temporarily living else-
where.

      (t) ``Security interest'' means an interest in a vehicle reserved or cre-
ated by agreement and which secures payment or performance of an
obligation. The term includes the interest of a lessor under a lease in-
tended as security.

      (u) ``Self-insurer'' means any person effecting self-insurance pursuant
to subsection (f) of K.S.A. 40-3104, and amendments thereto, or any
nonresident self-insurer that has filed the form prescribed in subsection
(b) of K.S.A. 40-3106, and amendments thereto.

      (v) ``Special mobile equipment'' means every vehicle not designed or
used primarily for the transportation of persons or property and only
incidentally operated or moved over a highway, including but not limited
to: Ditch-digging apparatus, well-boring apparatus and road construction
and maintenance machinery such as asphalt spreaders, bituminous mix-
ers, bucket loaders, tractors other than truck tractors, ditchers, leveling
graders, finishing machines, motor graders, road rollers, scarifiers, earth
moving carryalls and scrapers, power shovels and drag lines and self-
propelled cranes and earth moving equipment. The term does not include
house trailers, dump trucks, truck mounted transit mixers, cranes or shov-
els or other vehicles designed for the transportation of persons or property
to which machinery has been attached.

      (w) ``Substitution benefits'' means allowances for appropriate and
reasonable expenses incurred in obtaining other ordinary and necessary
services in lieu of those that, but for the injury, the injured person would
have performed for the benefit of such person or such person's family,
subject to a maximum of $25 per day for not longer than 365 days after
the date such expenses are incurred.

      (x) ``Survivor'' means a decedent's spouse, or child under the age of
18 years, where death of the decedent resulted from an injury.

      (y) ``Survivors' benefits'' means total allowances to all survivors for:
(1) Loss of an injured person's monthly earnings after such person's death,
up to a maximum of not less than $900 per month; and (2) substitution
benefits following the injured person's death. Expenses of the survivors
which have been avoided by reason of the injured person's death shall be
subtracted from the allowances to which survivors would otherwise be
entitled, and survivors' benefits shall not be paid for more than one year
after the injured person's death, less the number of months the injured
person received disability benefits prior to such person's death. For pur-
poses of this subsection, monthly earnings shall include, in the case of a
person who was a social security recipient or a retirement or pension
benefit recipient, or both, at the time of such injured person's death, 1/12
of the annual amount of the difference between the annual amount of
the social security benefits or the retirement benefits, or both, that such
injured person was receiving at the time of such injured person's death
and the annual amount of the social security benefits or the retirement
benefits, or both, that the survivor is receiving after the time of such
injured person's death.

      (z) ``Uninsured motor vehicle'' means any motor vehicle which is not
included under an approved self-insurance plan of a self-insurer or for
which there is not in effect a motor vehicle liability insurance policy meet-
ing the requirements of this act.

      (aa) ``Any workmen's compensation law'' means the workmen's com-
pensation act of Kansas, the United States longshoremen's and harbor
workers' compensation act, the federal employer liability acts, and any
similar state or federal law.

      Sec.  4. K.S.A. 65-4116 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 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) 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.  5. K.S.A. 1998 Supp. 65-4915 is hereby amended to read as
follows: 65-4915. (a) As used in this section:

      (1) ``Health care provider'' means: (A) Those persons and entities
defined as a health care provider under K.S.A. 40-3401 and amendments
thereto; and (B) a dentist licensed by the Kansas dental board, a dental
hygienist licensed by the Kansas dental board, a professional nurse li-
censed by the board of nursing, a practical nurse licensed by the board
of nursing, a mental health technician licensed by the board of nursing,
a physical therapist assistant certified by the state board of healing arts,
an occupational therapist registered by the state board of healing arts, an
occupational therapy assistant registered by the state board of healing
arts, a respiratory therapist registered licensed by the state board of heal-
ing arts, a physician's assistant registered by the state board of healing
arts and attendants and ambulance services certified by the emergency
medical services board.

      (2) ``Health care provider group'' means:

      (A) A state or local association of health care providers or one or more
committees thereof;

      (B) the board of governors created under K.S.A. 40-3403 and amend-
ments thereto;

      (C) an organization of health care providers formed pursuant to state
or federal law and authorized to evaluate medical and health care services;

      (D) a review committee operating pursuant to K.S.A. 65-2840b
through 65-2840d, and amendments thereto;

      (E) an organized medical staff of a licensed medical care facility as
defined by K.S.A. 65-425 and amendments thereto, an organized medical
staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and
amendments thereto or an organized medical staff of a state psychiatric
hospital or state institution for the mentally retarded, as follows: Larned
state hospital, Osawatomie state hospital, Rainbow mental health facility,
Topeka state hospital, Kansas neurological institute, Norton state hospital,
and Parsons state hospital and training center and Winfield state hospital
and training center;

      (F) a health care provider;

      (G) a professional society of health care providers or one or more
committees thereof;

      (H) a Kansas corporation whose stockholders or members are health
care providers or an association of health care providers, which corpora-
tion evaluates medical and health care services; or

      (I) an insurance company, health maintenance organization or ad-
ministrator of a health benefits plan which engages in any of the functions
defined as peer review under this section.

      (3) ``Peer review'' means any of the following functions:

      (A) Evaluate and improve the quality of health care services rendered
by health care providers;

      (B) determine that health services rendered were professionally in-
dicated or were performed in compliance with the applicable standard of
care;

      (C) determine that the cost of health care rendered was considered
reasonable by the providers of professional health services in this area;

      (D) evaluate the qualifications, competence and performance of the
providers of health care or to act upon matters relating to the discipline
of any individual provider of health care;

      (E) reduce morbidity or mortality;

      (F) establish and enforce guidelines designed to keep within reason-
able bounds the cost of health care;

      (G) conduct of research;

      (H) determine if a hospital's facilities are being properly utilized;

      (I) supervise, discipline, admit, determine privileges or control mem-
bers of a hospital's medical staff;

      (J) review the professional qualifications or activities of health care
providers;

      (K) evaluate the quantity, quality and timeliness of health care serv-
ices rendered to patients in the facility;

      (L) evaluate, review or improve methods, procedures or treatments
being utilized by the medical care facility or by health care providers in
a facility rendering health care.

      (4) ``Peer review officer or committee'' means:

      (A) An individual employed, designated or appointed by, or a com-
mittee of or employed, designated or appointed by, a health care provider
group and authorized to perform peer review; or

      (B) a health care provider monitoring the delivery of health care at
correctional institutions under the jurisdiction of the secretary of correc-
tions.

      (b) Except as provided by K.S.A. 60-437 and amendments thereto
and by subsections (c) and (d), the reports, statements, memoranda, pro-
ceedings, findings and other records submitted to or generated by peer
review committees or officers shall be privileged and shall not be subject
to discovery, subpoena or other means of legal compulsion for their re-
lease to any person or entity or be admissible in evidence in any judicial
or administrative proceeding. Information contained in such records shall
not be discoverable or admissible at trial in the form of testimony by an
individual who participated in the peer review process. The peer review
officer or committee creating or initially receiving the record is the holder
of the privilege established by this section. This privilege may be claimed
by the legal entity creating the peer review committee or officer, or by
the commissioner of insurance for any records or proceedings of the
board of governors.

      (c) Subsection (b) shall not apply to proceedings in which a health
care provider contests the revocation, denial, restriction or termination
of staff privileges or the license, registration, certification or other au-
thorization to practice of the health care provider. A licensing agency in
conducting a disciplinary proceeding in which admission of any peer re-
view committee report, record or testimony is proposed shall hold the
hearing in closed session when any such report, record or testimony is
disclosed. Unless otherwise provided by law, a licensing agency conduct-
ing a disciplinary proceeding may close only that portion of the hearing
in which disclosure of a report or record privileged under this section is
proposed. In closing a portion of a hearing as provided by this section,
the presiding officer may exclude any person from the hearing location
except the licensee, the licensee's attorney, the agency's attorney, the
witness, the court reporter and appropriate staff support for either coun-
sel. The licensing agency shall make the portions of the agency record in
which such report or record is disclosed subject to a protective order
prohibiting further disclosure of such report or record. Such report or
record shall not be subject to discovery, subpoena or other means of legal
compulsion for their release to any person or entity. No person in at-
tendance at a closed portion of a disciplinary proceeding shall at a sub-
sequent civil, criminal or administrative hearing, be required to testify
regarding the existence or content of a report or record privileged under
this section which was disclosed in a closed portion of a hearing, nor shall
such testimony be admitted into evidence in any subsequent civil, crim-
inal or administrative hearing. A licensing agency conducting a discipli-
nary proceeding may review peer review committee records, testimony
or reports but must prove its findings with independently obtained tes-
timony or records which shall be presented as part of the disciplinary
proceeding in open meeting of the licensing agency. Offering such tes-
timony or records in an open public hearing shall not be deemed a waiver
of the peer review privilege relating to any peer review committee testi-
mony, records or report.

      (d) Nothing in this section shall limit the authority, which may oth-
erwise be provided by law, of the commissioner of insurance, the state
board of healing arts or other health care provider licensing or disciplinary
boards of this state to require a peer review committee or officer to report
to it any disciplinary action or recommendation of such committee or
officer; to transfer to it records of such committee's or officer's proceed-
ings or actions to restrict or revoke the license, registration, certification
or other authorization to practice of a health care provider; or to terminate
the liability of the fund for all claims against a specific health care provider
for damages for death or personal injury pursuant to subsection (i) of
K.S.A. 40-3403 and amendments thereto. Reports and records so fur-
nished shall not be subject to discovery, subpoena or other means of legal
compulsion for their release to any person or entity and shall not be
admissible in evidence in any judicial or administrative proceeding other
than a disciplinary proceeding by the state board of healing arts or other
health care provider licensing or disciplinary boards of this state.

      (e) A peer review committee or officer may report to and discuss its
activities, information and findings to other peer review committees or
officers or to a board of directors or an administrative officer of a health
care provider without waiver of the privilege provided by subsection (b)
and the records of all such committees or officers relating to such report
shall be privileged as provided by subsection (b).

      (f) Nothing in this section shall be construed to prevent an insured
from obtaining information pertaining to payment of benefits under a
contract with an insurance company, a health maintenance organization
or an administrator of a health benefits plan.

      Sec.  6. K.S.A. 65-4921 is hereby amended to read as follows: 65-
4921. As used in K.S.A. 65-4921 through 65-4930, and amendments
thereto:

      (a) ``Appropriate licensing agency'' means the agency that issued the
license to the individual or health care provider who is the subject of a
report under this act.

      (b) ``Department'' means the department of health and environment.

      (c) ``Health care provider'' means: (1) Those persons and entities de-
fined as a health care provider under K.S.A. 40-3401 and amendments
thereto; and (2) a dentist licensed by the Kansas dental board, a dental
hygienist licensed by the Kansas dental board, a professional nurse li-
censed by the board of nursing, a practical nurse licensed by the board
of nursing, a mental health technician licensed by the board of nursing,
a physical therapist assistant certified by the state board of healing arts,
an occupational therapist registered by the state board of healing arts, an
occupational therapy assistant registered by the state board of healing arts
and a respiratory therapist registered licensed by the state board of healing
arts.

      (d) ``License,'' ``licensee'' and ``licensing'' include comparable terms
which relate to regulation similar to licensure, such as registration.

      (e) ``Medical care facility'' means: (1) A medical care facility licensed
under K.S.A. 65-425 et seq. and amendments thereto; (2) a private psy-
chiatric hospital licensed under K.S.A. 75-3307b and amendments
thereto; and (3) state psychiatric hospitals and state institutions for the
mentally retarded, as follows: Larned state hospital, Osawatomie state
hospital, Rainbow mental health facility, Topeka state hospital, Kansas
neurological institute, Norton state hospital, and Parsons state hospital
and training center and Winfield state hospital and training center.

      (f) ``Reportable incident'' means an act by a health care provider
which: (1) Is or may be below the applicable standard of care and has a
reasonable probability of causing injury to a patient; or (2) may be grounds
for disciplinary action by the appropriate licensing agency.

      (g) ``Risk manager'' means the individual designated by a medical care
facility to administer its internal risk management program and to receive
reports of reportable incidents within the facility.

      (h) ``Secretary'' means the secretary of health and environment.

      Sec.  7. K.S.A. 65-5502 is hereby amended to read as follows: 65-
5502. As used in K.S.A. 65-5501 to 65-5517, inclusive and amendments
thereto:

      (a) ``Board'' means the state board of healing arts.

      (b) ``Respiratory therapy'' is a health care profession whose practi-
tioners are employed therapists practice under the supervision of a qual-
ified medical director and with the prescription of a licensed physician in
the providing therapy, management, rehabilitation, diagnostic evaluation
respiratory assessment and care of patients with deficiencies and abnor-
malities which affect the pulmonary system and associated aspects of car-
diopulmonary and other systems functions, and includes all of the follow-
ing. The duties which may be performed by a respiratory therapist
include:

      (1) Direct and indirect pulmonary care respiratory therapy services
that are safe, aseptic, preventative and restorative to the patient.

      (2) Direct and indirect respiratory care therapy services, including
but not limited to, the administration of pharmacological and diagnostic
and therapeutic agents related to respiratory care therapy procedures
necessary to implement a treatment, disease prevention, or pulmonary
rehabilitative or diagnostic regimen prescribed by a physician.

      (3) Observation and monitoring of signs and symptoms, general be-
havior, general physical response to respiratory care treatment and di-
agnostic testing, determination of whether such signs, symptoms, reac-
tions, behavior or general response exhibit abnormal characteristics and
implementation based on observed abnormalities of appropriate report-
ing or referral or respiratory care protocols, or changes in treatment reg-
imen, pursuant to a prescription by a physician on the initiation of emer-
gency procedures.

      (4) The diagnostic and therapeutic use of any of the following, in
accordance with the prescription of a physician: Administration of medical
gases, exclusive of general anesthesia;, aerosols;, humidification; and en-
vironmental control systems and baromedical therapy; pharmacologic
agents related to respiratory care procedures; mechanical or physiological
ventilatory support; bronchopulmonary hygiene; cardiopulmonary resus-
citation; maintenance of the natural airways; insertion without cutting
tissues and maintenance of artificial airways; diagnostic and testing tech-
niques required for implementation of respiratory care protocols; collec-
tion of specimens of blood; collection of specimens from the respiratory
tract; analysis of blood gases and respiratory secretions.

      (5) The transcription and implementation of the written and verbal
orders of a physician pertaining to the practice of respiratory therapy.

      (4) Transcription and implementation of written or verbal orders of
a physician pertaining to the practice of respiratory therapy.

      (5) Implementation of respiratory therapy protocols as defined by the
medical staff of an institution or a qualified medical director or other
written protocol, changes in treatment pursuant to the written or verbal
orders of a physician or the initiation of emergency procedures as au-
thorized by written protocols.

      (c) ``Respiratory therapist'' means a person who is registered licensed
to practice respiratory therapy as defined in this act.

      (d) ``Person'' means any individual, partnership, unincorporated or-
ganization or corporation.

      (e) ``Physician'' means a person who is licensed by the board to prac-
tice medicine and surgery.

      (f) ``Qualified medical director'' means the medical director of any
inpatient or outpatient respiratory therapy service, department or home
care agency. The medical director shall be a physician who has interest
and knowledge in the diagnosis and treatment of respiratory problems.
This physician shall be responsible for the quality, safety and appropri-
ateness of the respiratory services provided and require that respiratory
therapy be ordered by a physician who has medical responsibility for the
patient. The medical director shall be readily accessible to the respiratory
therapy practitioner.

      Sec.  8. K.S.A. 65-5503 is hereby amended to read as follows: 65-
5503. The board, in the manner as hereinafter provided, shall administer
the provisions of this act.

      Sec.  9. K.S.A. 65-5504 is hereby amended to read as follows: 65-
5504. (a) There is established a respiratory therapist care council to advise
the board in carrying out the provisions of this act. The council shall
consist of five seven members, all citizens and residents of the state of
Kansas appointed as follows: One member shall be a physician appointed
by the state board of healing arts; one member shall be the president of
the state board of healing arts or a person designated by the president;
two members shall be from the public sector who are not engaged, directly
or indirectly, in the provision of health services appointed by the gover-
nor; and three members shall be respiratory therapists appointed by the
governor. The governor, insofar as possible, shall appoint persons from
different geographical areas and persons who represent various types of
respiratory therapy treatment practice. If a vacancy occurs on the council,
the appointing authority of the position which has become vacant shall
appoint a person of like qualifications to fill the vacant position for the
unexpired term, if any. The Kansas respiratory therapy care society shall
recommend the names of respiratory therapists to the governor in a num-
ber equal to at least twice the positions or vacancies to be filled, and the
governor may appoint members to fill the positions or vacancies from the
submitted list. The terms of the members of the council appointed by
the governor prior to the effective date of this act shall expire on July 1,
1988. Members of the council appointed by the governor on and after
the effective date of this act shall be appointed for terms of three years
and until their successors are appointed and qualified except that of the
members first appointed by the governor on or after the effective date of
this act one shall be appointed for a term of one year, one shall be ap-
pointed for a term of two years and one shall be appointed for a term of
three years, as designated by the governor, except that members appointed
from the public sector shall be appointed for terms of two years and until
their successors are appointed. The member appointed by the state board
of healing arts shall serve at the pleasure of the state board of healing
arts. A member designated by the president of the state board of healing
arts shall serve at the pleasure of the president.

      (b) Members of the council attending meetings of the council, or
attending a subcommittee meeting thereof authorized by the council,
shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
amendments thereto from the healing arts fee fund.

      Sec.  10. K.S.A. 65-5505 is hereby amended to read as follows: 65-
5505. The board shall pass upon the qualifications of all applicants for
examination and registration licensure, provide for and conduct all ex-
aminations, determine the applicants who successfully pass the exami-
nation, duly register license such applicants and adopt rules and regula-
tions as may be necessary to administer the provisions of this act. The
board shall keep a record of all proceedings under this act and a roster
of all individuals registered licensed under this act. Only an individual
may be registered licensed under this act.

      Sec.  11. K.S.A. 65-5506 is hereby amended to read as follows: 65-
5506. (a) An applicant applying for registration licensure as a respiratory
therapist shall file a written application on forms provided by the board,
showing to the satisfaction of the board that the applicant meets the
following requirements:

      (1) Education: The applicant shall present evidence satisfactory to the
board of having successfully completed the academic requirements of an
educational program in respiratory therapy recognized approved by the
board.

      (2) Experience: The applicant shall submit to the board evidence of
having successfully completed a period of supervised field work at a min-
imum recognized by the board.

      (3) Examination: The applicant shall pass an examination as provided
for in K.S.A. 65-5507 and amendments thereto.

      (4) (3) Fees: The applicants shall pay to the board all applicable fees
established under K.S.A. 65-5509 and amendments thereto.

      (b) The board shall adopt rules and regulations establishing the cri-
teria which for an educational program in respiratory therapy shall satisfy
to be recognized to obtain successful recognition by the board under par-
agraph (1) of subsection (a). The board may send a questionnaire devel-
oped by the board to any school or other entity conducting an educational
program in respiratory therapy for which the board does not have suffi-
cient information to determine whether the program should be recog-
nized by the board and whether the program meets the rules and regu-
lations adopted under this section. The questionnaire providing the
necessary information shall be completed and returned to the board in
order for the program to be considered for recognition. The board may
contract with investigative agencies, commissions or consultants to assist
the board in obtaining information about an educational program in res-
piratory therapy. In entering such contracts the authority to recognize an
educational program in respiratory therapy shall remain solely with the
board.

      Sec.  12. K.S.A. 65-5507 is hereby amended to read as follows: 65-
5507. (a) Each applicant for registration licensure under this act shall be
examined by a written examination required chosen by the board to test
the applicant's knowledge of the basic and clinical sciences relating to
respiratory therapy, and respiratory care therapy theory and practice, in-
cluding the applicant's professional skills and judgment in the utilization
of respiratory therapy techniques and methods, and such other subjects
as the board may deem useful to determine the applicant's fitness to
practice.

      (b) Applicants for registration licensure shall be examined at a time
and place and under such supervision as the board may determine. Ex-
aminations shall be given at least twice each year at such places within
this state as the board may determine and the board shall give or cause
to be given reasonable public notice of such examinations at least 60 days
prior to their administration.

      (c) Applicants may obtain their examination scores.

      Sec.  13. K.S.A. 1998 Supp. 65-5508 is hereby amended to read as
follows: 65-5508. (a) The board shall waive the examination, education
and experience requirements and grant registration to any person who
applies for registration on or before July 1, 1987, who pays the application
fee and who was registered or certified immediately prior to the effective
date of this act as a respiratory therapist or respiratory therapy technician
by the national board for respiratory care or who has been employed as
a respiratory therapist for the purpose of providing respiratory therapy
for at least two years within the three-year period immediately prior to
the effective date of this act.

      (b) The board may waive the examination, education or experience
requirements and grant registration licensure to any applicant who pres-
ents proof of current licensure or registration as a respiratory therapist in
another state, the District of Columbia or territory of the United States
which requires standards for licensure or registration determined by the
board to be equivalent to or exceed the requirements for registration
licensure under this act.

      (c) (b) At the time of making an application under this section, the
applicant shall pay to the board the application fee as required under
K.S.A. 65-5509 and amendments thereto.

      (d) (c) The board may issue a special permit to a student enrolled in
an approved school of respiratory therapy who applies for such special
permit on a form provided by the board and who pays to the board the
special permit fee as required under K.S.A. 65-5509 and amendments
thereto. The special permit shall authorize a student who is enrolled in
an approved school of respiratory therapy and who holds such special
permit to practice respiratory therapy under the supervision of a regis-
tered licensed respiratory therapist. Such special permit shall expire on
the date that the student graduates from an approved school of respiratory
therapy or otherwise ceases to be enrolled in an approved school of res-
piratory therapy.

      (e) (d) The board may issue a temporary registration license to an
applicant for registration licensure as a respiratory therapist who applies
for temporary registration licensure on a form provided by the board, who
meets the requirements for registration licensure or who meets all of the
requirements for registration licensure except examination and who pays
to the board the temporary registration license fee as required under
K.S.A. 65-5509 and amendments thereto. Such temporary registration
licensure shall expire one year from the date of issue or on the date that
the board approves the application for registration licensure, whichever
occurs first. No more than one such temporary registration license shall
be permitted to any one person.

      (e) A person registered to practice respiratory therapy on February
29, 2000, shall be deemed to be licensed to practice respiratory therapy
under this act, and such person shall not be required to file an original
application for licensure under this act. Any application for registration
filed but which has not been granted prior to March 1, 2000, shall be
processed as an application for licensure under this act.

      Sec.  14. K.S.A. 1998 Supp. 65-5509 is hereby amended to read as
follows: 65-5509. (a) The board shall charge and collect in advance fees
provided for in this act as fixed by the board by rules and regulations,
subject to the following limitations:

Application fee, not more than	$80
Temporary registration license fee, not more than	40
Special permit fee, not more than	80
Registration License renewal fee, not more than	80
Registration License late renewal fee, not more than	80
Registration License reinstatement fee, not more than	80
Certified copy of registration license, not more than	40
Written verification of registration license, not more than	25

      (b) The board shall charge and collect in advance fees for any ex-
amination administered by the board under the respiratory therapy prac-
tice act as fixed by the board by rules and regulations in an amount equal
to the cost to the board of the examination. If the examination is not
administered by the board, the board may require that fees paid for any
examination under the respiratory therapy practice act be paid directly to
the examination service by the person taking the examination.

      Sec.  15. K.S.A. 65-5510 is hereby amended to read as follows: 65-
5510. (a) The board may deny, refuse to renew, suspend or revoke a
registration license where the registrant licensee or applicant for registra-
tion licensure has been guilty of unprofessional conduct which has en-
dangered or is likely to endanger the health, welfare or safety of the
public. Unprofessional conduct includes:

      (1) Obtaining a registration license by means of fraud, misrepresen-
tation or concealment of material facts;

      (2) being guilty of unprofessional conduct as defined by rules and
regulations adopted by the board;

      (3) being convicted of a felony if the acts for which such person was
convicted are found by the board to have a direct bearing on whether
such person should be entrusted to serve the public in the capacity of a
respiratory therapist;

      (4) violating any lawful order or rule and regulation of the board; and

      (5) violating any provision of this act.

      (b) Such denial, refusal to renew, suspension or revocation of a reg-
istration license may be ordered by the board after notice and hearing on
the matter in accordance with the provisions of the Kansas administrative
procedure act. Upon the end of the period of time established by the
board for the revocation of a registration license, application may be made
to the board for reinstatement. The board shall have discretion to accept
or reject an application for reinstatement and may hold a hearing to con-
sider such reinstatement. An application for reinstatement shall be ac-
companied by the registration licensing reinstatement fee established un-
der K.S.A. 65-5509 and amendments thereto.

      Sec.  16. K.S.A. 65-5511 is hereby amended to read as follows: 65-
5511. Foreign trained respiratory therapists shall satisfy the examination
requirements of K.S.A. 65-5506 and amendments thereto. The board shall
require foreign trained applicants to furnish proof of completion of ed-
ucational and supervised field work requirements, substantially equal to
or greater than those contained in K.S.A. 65-5506 and amendments
thereto prior to taking the examination.

      Sec.  17. K.S.A. 65-5512 is hereby amended to read as follows: 65-
5512. (a) Registrations Licenses issued under this act shall be effective
for a period of one year and shall expire at the end of such period of time
unless renewed in the manner prescribed by the board, upon the payment
of the registration license renewal fee established under K.S.A. 65-5509
and amendments thereto. The board may establish additional require-
ments for registration license renewal which provide evidence of contin-
ued competency. The board may provide for the late renewal of a reg-
istration license upon the payment of a late fee established under K.S.A.
65-5509 and amendments thereto, but no such late renewal of a registra-
tion license may be granted more than five years after its expiration.

      (b) A person whose registration license is suspended shall not engage
in any conduct or activity in violation of the order or judgment by which
the registration license was suspended. If a registration license revoked
on disciplinary grounds is reinstated, the registrant licensee, as a condition
of reinstatement, shall pay the registration license renewal fee and any
late fee that may be applicable.

      Sec.  18. K.S.A. 65-5514 is hereby amended to read as follows: 65-
5514. (a) On and after July 1, 1987 March 1, 2000, it shall be unlawful
for any person who is not registered licensed under this act as a respiratory
therapist or whose registration license has been suspended or revoked to
use, in connection with such person's name or place of business, hold
themselves out to the public as a licensed respiratory therapist, or use the
abbreviation of CRTT, RRT, RCP or the words ``respiratory therapist,''
``respiratory therapist registered,'' ``respiratory care practitioner'' or, ``in-
halation therapist'' or any other words, letters, abbreviations or insignia
indicating or implying that such person is a respiratory therapist, or who
in any way, orally, in writing, in print or by sign, directly or by implication,
represents oneself as a respiratory therapist. to practice the art and science
of respiratory therapy as herein defined. A violation of this subsection (a)
shall constitute a class B misdemeanor.

      (b) Any violation of this section shall constitute a class C misde-
meanor. Nothing in this act is intended to limit, preclude or otherwise
interfere with the practices of other health care providers formally trained
and licensed, registered, credentialed or certified by appropriate agencies
of the state of Kansas. The practice of respiratory therapy shall not be
construed to include the following individuals:

      (1) Persons rendering assistance in the case of an emergency.

      (2) Members of any church practicing their religious tenets.

      (3) Persons whose services are performed pursuant to the delegation
of and under the supervision of a respiratory therapist who is licensed
under this act.

      (4) Health care providers in the United States armed forces, public
health services, federal facilities and coast guard or other military service
when acting in the line of duty in this state.

      (5) Licensees under the healing arts act, and practicing their profes-
sions, when licensed and practicing in accordance with the provisions of
law or persons performing services pursuant to the delegation of a licensed
physician under subsection (g) of K.S.A. 65-2872 and amendments
thereto.

      (6) Dentists practicing their professions, when licensed and practicing
in accordance with the provisions of law.

      (7) Nurses practicing their professions, when licensed and practicing
in accordance with the provisions of law or persons performing services
pursuant to the delegation of a licensed nurse under subsection (m) of
K.S.A. 65-1124 and amendments thereto.

      (8) Health care providers who have been formally trained and are
practicing in accordance with the training or have received specific train-
ing in one or more functions included in this act pursuant to established
educational protocols or both.

      (9) Students while in actual attendance in an accredited health care
occupational educational program and under the supervision of a quali-
fied instructor.

      (10) Self-care by a patient or gratuitous care by a friend or family
member who does not represent or hold oneself out to the public to be a
respiratory therapist.

      (11) Monitoring, installation or delivery of medical devices, gases and
equipment and the maintenance thereof by a nonlicensed person for the
express purpose of self-care by a patient or gratuitous care by a friend or
family member.

      (c) Any patient monitoring, assessment or other procedures designed
to evaluate the effectiveness of prescribed respiratory therapy must be
performed by or pursuant to the delegation of a licensed respiratory ther-
apist or other health care provider.

      (d) Nothing in this act shall be construed to permit the practice of
medicine and surgery. No statute granting authority to licensees of the
state board of healing arts shall be construed to confer authority upon
respiratory therapists to engage in any activity not conferred by this act.

      Sec.  19. K.S.A. 1998 Supp. 74-4916 is hereby amended to read as
follows: 74-4916. (1) Upon the death of a member before retirement, the
member's accumulated contributions shall be paid to the member's ben-
eficiary.

      (2)  (a) In the event that a member dies before retirement as a result
of an accident arising out of and in the course of the member's actual
performance of duty in the employ of a participating employer inde-
pendent of all other causes and not as a result of a willfully negligent or
intentional act of the member, an accidental death benefit shall be pay-
able if: (A) A report of the accident, in a form acceptable to the board, is
filed in the office of the executive secretary of the board within 60 days
after the date of the accident causing such death and an application for
such benefit, in such form and manner as the board shall prescribe, is
filed in the office of the executive secretary of the board within two years
of the date of the accident, but the board may waive such time limits for
a reasonable period if in the judgment of the board the failure to meet
these limits was due to lack of knowledge or incapacity; and (B) the board
finds from such evidence as it may require, to be submitted in such form
and manner as it shall prescribe, that the natural and proximate cause of
death was the result of an accident arising out of and in the course of the
member's employment with a participating employer independent of all
other causes at a definite time and place. Such accidental death benefit
shall be a lump-sum amount of $50,000 and an annual amount of 1/2 of
the member's final average salary which shall accrue from the first day of
the month following the date of death and which shall be payable in
monthly installments or as the board may direct, but, after June 30, 1982,
in no case shall the accidental death benefit be less than $100 per month.
The accidental death benefit payments shall be paid to the surviving
spouse of such deceased member, such payments to continue so long as
such surviving spouse lives or if there is no surviving spouse, or in the
case the spouse dies before the youngest child of such deceased member
attains age 18 or before the youngest child of such deceased member
attains age 23 years, if such child is a full-time student as provided in
K.S.A. 74-49,117 and amendments thereto or if there are one or more
children of the member who are totally disabled and dependent on the
member or spouse, then to the child or children of such member under
age 18 or under age 23, if such child or children are full-time students as
provided in K.S.A. 74-49,117 and amendments thereto and to the child
or children of the member who are totally disabled and dependent on
the member or spouse, divided in such manner as the board in its dis-
cretion shall determine, to continue until the youngest surviving child
dies or attains age 18 or attains age 23 if such child is a full-time student
as provided in K.S.A. 79-49,117 and amendments thereto or, in the case
of the child or children who are totally disabled and dependent on the
member or spouse, until death or until no longer totally disabled, or if
there is no surviving spouse or child eligible for accidental death benefits
under this subsection (2) at the time of the member's death, then to the
parent or parents of such member who are dependent on such member,
to continue until the last such parent dies. All payments due under this
subsection (2) to a minor shall be made to a legally appointed conservator
of such minor or totally disabled child as provided in subsection (7) of
K.S.A. 74-4902 and amendments thereto. Commencing on the effective
date of this act, any surviving spouse, who was receiving benefits pursuant
to this section and who had such benefits terminated by reason of such
spouse's remarriage, shall be entitled to once again receive benefits pur-
suant to this section, except that such surviving spouse shall not be enti-
tled to recover any benefits not received after the termination of benefits
by reason of such surviving spouse's remarriage but before the effective
date of this act.

      (b) In construction of this section of the act there shall be no pre-
sumption that the death of the member was the result of an accident nor
shall there be a liberal interpretation of the law or evidence in favor of
the person claiming under this subsection (2). In the event of the death
of a member resulting from a heart, circulatory or respiratory condition
there must be clear and precise evidence that death was the result of an
accident independent of all other causes which arose out of and in the
course of the member's actual performance of duties in the employ of a
participating employer.

      (c) The annual benefit under this subsection (2) shall be reduced by
any workers compensation benefit payable. If the workers compensation
benefit is paid in a lump-sum, the amount of such reduction shall be
calculated on a monthly basis over the period of time for which workers
compensation benefits would have been payable had such lump-sum not
been paid. For any recipient already in receipt of such benefits on the
effective date of this act, no change in the original reduction for workers
compensation benefits shall be applicable to benefits paid prior to July 1,
1994. In the event that a member should die as a result of an accident as
described in this subsection (2), all elections or options previously made
by the deceased member shall become void and of no effect whatsoever
and the retirement system shall be liable only for the accidental death
benefit, refund of accumulated contributions as described in subsection
(1) and any insured death benefit that may be due. The benefit payable
under this subsection (2) shall be known and referred to as the ``accidental
death benefit.''

      (3)  (a) Upon the application of a member, or the member's appoint-
ing authority acting for the member, a member who is in the employ of
a participating employer and becomes totally and permanently disabled
for duty in the employ of a participating employer, by reason of an acci-
dent which occurred prior to July 1, 1975, may be retired by the board
if, (A) the board finds the total and permanent disability to be the natural
and proximate result of an accident causing personal injury or disease
independent of all other causes and arising out of and in the course of
the member's actual performance of duties as an employee of a partici-
pating employer; and (B) a report of the accident, in a form acceptable
to the board is filed in the office of the executive secretary of the board
within 200 days after the date of the accident causing such injury; and
(C) such application for retirement under this provision, in such form and
manner as shall be prescribed by the board, is filed in the office of the
executive secretary of the board within two years of the date of the ac-
cident; and (D) after a medical examination of the member has been
made by or under the direction of a medical physician or physicians or
any other practitioner holding a valid license to practice a branch of the
healing arts issued by the Kansas state board of healing arts designated
by the board and the medical physician or physicians or any other prac-
titioner holding a valid license to practice a branch of the healing arts
issued by the Kansas state board of healing arts report in writing to the
board that the member is physically or mentally totally disabled for duty
in the employ of a participating employer and that such disability will
probably be permanent; and (E) the board finds that the member became
permanently and totally disabled on a date certain based on the evidence
furnished and the professional guidance obtained and that such disability
was not the result of a willfully negligent or intentional act of the member.
If the board shall so retire the applicant, the member shall receive an-
nually an accidental total disability benefit equal to 1/2 of the member's
final average salary which shall accrue from the first day of the month
following the date of such accidental total and permanent disability as
found by the board payable in monthly installments or as the board may
direct.

      (b) In construction of this subsection (3) there shall be no presump-
tion that the disability of the member was the result of an accident nor
shall there be a liberal interpretation of the law or evidence in favor of
the member claiming under this subsection (3). In the event of the dis-
ability of a member resulting from a heart, circulatory or respiratory con-
dition there must be clear and precise evidence that disability was the
result of an accident independent of all other causes which arose out of
and in the course of the member's actual performance of duties in the
employ of a participating employer.

      (c) A member will continue to receive such accidental total disability
benefit so long as the member is wholly and continuously disabled by
such injury and prevented thereby from engaging in any gainful occu-
pation or employment for which the member is reasonably qualified by
reason of education, training or experience. The accidental loss of both
hands by actual severance through or above the wrist joint, or the acci-
dental loss of both feet by actual severance through or above the ankle
joint or the entire and irrecoverable accidental loss of sight of both eyes,
or such severance of one hand and one foot, and such severance of one
hand or one foot and such loss of sight of one eye, shall be deemed
accidental total and permanent disability and accidental total disability
benefits shall be paid so long as the member lives.

      (d) Any retirant retired by reason of such accidental total and per-
manent disability who has been receiving benefits under the provisions
of this subsection (3) for a period of five years shall be deemed finally
retired and shall not be subject to further medical examinations, except
that if the board of trustees has reasonable grounds to question whether
the retirant remains totally and permanently disabled, a further medical
examination or examinations may be required. Refusal or neglect to sub-
mit to examination shall be sufficient cause for suspending or discontin-
uing the accidental total disability benefit. If the refusal or neglect con-
tinues for a period of one year, all of the member's rights with respect to
such accidental total disability benefit may be revoked by the board.

      (e) In the event that a retirant who is receiving an accidental total
disability benefit dies within five years after the date of the retirant's
retirement, an accidental death benefit shall then be payable as provided
in subsection (2) of this section.

      (f) A member who retires under the provisions of this subsection (3)
shall receive such benefits as provided in this subsection (3) in lieu of all
other retirement benefits provided under the retirement system except
that no member shall be entitled to receive any payments under this
subsection (3) for a period for which insured disability benefits are re-
ceived.

      (g) The value, as determined by the board upon recommendation of
the actuary, of any workmen's compensation benefits paid or payable to
the recipient of an accidental total disability benefit shall be deducted
from the amount payable under this section.

      (h) The benefit payable under subsection (3) of this section shall be
known and referred to as ``accidental total disability benefit.''

      (4) The payment of benefits as provided in this section is subject to
the provisions of K.S.A. 1998 Supp. 74-49,123 and amendments thereto.

      Sec.  20. K.S.A. 1998 Supp. 74-4960a is hereby amended to read as
follows: 74-4960a. (1) If any active contributing member who is appointed
or employed on or after July 1, 1989, or who makes an election pursuant
to K.S.A. 74-4955a and amendments thereto to be covered by the pro-
visions of this act becomes disabled as defined in subsection (2), such
member shall receive a monthly benefit equal to 50% of the member's
final average salary at the time such member was disabled payable in
monthly installments, accruing from the first day upon which the member
ceases to draw compensation, if a report of the disability in such form
and manner as the board shall prescribe is filed in the office of the ex-
ecutive secretary of the board within 220 days after the date of the com-
mencement of such disability and if an application for such benefit in
such form and manner as the board shall prescribe is filed in the office
of the executive secretary of the board within two years of the date of the
commencement of such disability.

      (2) For the purposes of this section, ``disabled'' means total inability
to perform permanently the duties of the position of policeman or fire-
man.

      (3) In the event a member who is disabled and entitled to such ben-
efits as provided in subsection (1) dies after the date of such disability,
and no benefits are payable under subsection (3) of K.S.A. 74-4958 and
amendments thereto, the following benefits shall be payable:

      (i) To the member's spouse, if lawfully wedded to the member at the
time of the member's death, a lump-sum benefit equal to 50% of the
member's final average salary at the time such member was disabled.

      (ii) To the member's spouse, if lawfully wedded to the member at
the time of the member's death, an annual benefit equal to 50% of the
member's benefit payable in monthly installments, to accrue from the
first day of the month following the member's date of death and ending
on the last day of the month in which the spouse dies. Commencing on
the effective date of this act, any surviving spouse, who was receiving
benefits pursuant to this section and who had such benefits terminated
by reason of such spouse's remarriage, shall be entitled to once again
receive benefits pursuant to this section, except that such surviving spouse
shall not be entitled to recover any benefits not received after the ter-
mination of benefits by reason of such surviving spouse's remarriage but
before the effective date of this act. If there is no surviving spouse, or if
after the death of the spouse there remain one or more children under
the age of 18 years or one or more children under the age of 23 years
who is a full-time student as provided in K.S.A. 74-49,117 and amend-
ments thereto, the annual spouse's benefit shall be payable, subject to
the provisions of K.S.A. 1998 Supp. 74-49,123 and amendments thereto,
in equal shares to such children and each child's share shall end on the
last day of the month in which such child attains the age of 18 years or
dies, whichever occurs earlier or in which such child attains the age of 23
years, if such child is a full-time student as provided in K.S.A. 74-49,117
and amendments thereto. Commencing on the effective date of this act,
any child who was receiving benefits pursuant to this section and who
had such benefits terminated by reason of such child's marriage, shall be
entitled to once again receive benefits pursuant to this section subject to
the limitations contained in this section, except that such child shall not
be entitled to recover any benefits not received after the termination of
benefits by reason of such child's marriage but before the effective date
of this act.

      (4) Any member who was employed for compensation by an em-
ployer other than the member's participating employer and whose disa-
bility was incurred in the course of such other employment shall not be
eligible for any of the benefits provided in subsection (1) or (3).

      (5) If a member becomes totally and permanently disabled and no
benefits are payable under subsection (1), the sum of the member's ac-
cumulated contributions shall be paid to the member.

      (6) Any member receiving benefits under this section shall submit
to medical examination, not more frequent than annually, by one or more
physicians or any other practitioners of the healing arts holding a valid
license issued by Kansas the state board of healing arts to practice a
branch of the healing arts, as the board of trustees may direct. If upon
such medical examination, the examiner's report to the board states
that the member is physically able and capable of resuming employment
with the same or a different participating employer, the disability benefits
shall terminate. A member who has been receiving benefits under the
provisions of this section and who returns to employment, as defined in
subsection (4) of K.S.A. 74-4952 and amendments thereto, of a partici-
pating employer shall immediately commence accruing service credit
which shall be added to that which has been accrued by virtue of previous
service.

      (7) Any member who has been receiving benefits under the provi-
sions of this section for a period of five years shall be deemed permanent
and shall not be subject to further medical examinations, except that if
the board of trustees shall have reasonable grounds to question whether
the member remains totally and permanently disabled, a further medical
examination or examinations may be required.

      (8) Refusal or neglect to submit to examination as provided in sub-
section (6) shall be sufficient cause for suspending or discontinuing ben-
efit payments under this section and if such refusal or neglect shall con-
tinue for a period of one year, the member's rights in and to all benefits
under this system may be revoked by the board.

      (9) In the event that a member becomes disabled and is eligible for
benefits provided in this section, such member shall be given participating
service credit for the entire period of such disability.

      (10) Any member who is receiving benefits pursuant to this section
shall file annually a statement of earnings for the previous year in such
form and manner as the board shall prescribe. Any disability benefit paid
to a member entitled to such benefit pursuant to this section shall be
reduced by the board in an amount equal to a $1 reduction in such benefit
for every $2 of earnings of such member which were earned during the
previous year while such member was disabled. Such reduction shall ap-
ply only to a member's earnings which exceed $10,000.

      (11) Any benefits provided pursuant to this section and any partici-
pating service credit given pursuant to subsection (9) shall terminate upon
the earliest date such member is eligible for retirement upon attainment
of the normal retirement date as provided in K.S.A. 74-4964a and amend-
ments thereto.

      (12) Any member who has received benefits under the provisions of
this section for a period of five years or more immediately preceding
retirement shall have such member's final average salary adjusted upon
retirement by the actuarial salary assumption rates in existence during
such period. Effective July 1, 1993, each member's current annual rate
shall be adjusted upon retirement by 5% for each year of disability after
July 1, 1993, but before July 1, 1998. Effective July 1, 1998, such mem-
ber's current annual rate shall be adjusted upon retirement by an amount
equal to the lesser of: (1) The percentage increase in the consumer price
index for all urban consumers as published by the bureau of labor statistics
of the United States department of labor minus one percent; or (2) four
percent per annum, measured from the month the disability occurs to
the month that is two months prior to the month of retirement, for each
year of disability after July 1, 1998.

      (13) All payments due under this section to a minor shall be made to
a legally appointed conservator of such minor.

      (14) The provisions of this section shall be effective on and after July
1, 1989 and shall apply only to members who were appointed or employed
prior to July 1, 1989, and who made an election pursuant to K.S.A. 74-
4955a and amendments thereto; and persons appointed or employed on
or after July 1, 1989.

      (15) Any retirant who has been receiving benefits under the provi-
sions of this section and who returns to employment with the same or
different participating employer in the system shall be deemed no longer
retired. 
Sec.  21. K.S.A. 39-952, 40-12a01, 65-4116, 65-4921, 65-5502, 65-
5503, 65-5504, 65-5505, 65-5506, 65-5507, 65-5510, 65-5511, 65-5512
and 65-5514 and K.S.A. 1998 Supp. 40-3103, 65-4915, 65-5508, 65-5509,
74-4916 and 74-4960a are hereby repealed.
 Sec.  22. This act shall take effect and be in force from and after
March 1, 2000, and its publication in the statute book.

Approved April 9, 1999.
__________