CHAPTER 141
SENATE BILL No. 190
An Act concerning the Kansas healing arts act; relating to the expiration date of licenses,
temporary and postgraduate permits and fees; concerning licensure of certain persons;
concerning institutional licenses; amending K.S.A. 1999 Supp. 65-2809, 65-2811, 65-
2836, 65-2837, 65-2852 and 65-2895 and repealing the existing sections; also repealing
K.S.A. 1999 Supp. 65-2837b.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 65-2809 is hereby amended to read as
follows: 65-2809. (a) The license shall expire on the date established by
rules and regulations of the board which may provide renewal throughout
the year on a continuing basis. In each case in which a license is renewed
for a period of time of more or less than one year 12 months, the board
may prorate the amount of the fee established under K.S.A. 65-2852 and
amendments thereto. The request for renewal shall be on a form provided
by the board and shall be accompanied by the prescribed fee, which shall
be paid not later than the expiration date of the license.

      (b) Except as otherwise provided in this section, the board shall re-
quire every licensee in the active practice of the healing arts within the
state to submit evidence of satisfactory completion of a program of con-
tinuing education required by the board. The requirements for continuing
education for licensees of each branch of the healing arts shall be estab-
lished by rules and regulations adopted by the board.

      (c) The board, prior to renewal of a license, shall require the licensee,
if in the active practice of the healing arts within the state, to submit to
the board evidence satisfactory to the board that the licensee is maintain-
ing a policy of professional liability insurance as required by K.S.A. 40-
3402 and amendments thereto and has paid the annual premium sur-
charge surcharges as required by K.S.A. 40-3404 and amendments
thereto.

      (d) At least 30 days before the expiration of a licensee's license, the
board shall notify the licensee of the expiration by mail addressed to the
licensee's last mailing address as noted upon the office records. If the
licensee fails to pay the annual renewal fee by the date of the expiration
of the license, the licensee shall be given a second notice that the li-
censee's license has expired, that the license will be deemed canceled if
not renewed within 30 days following the date of expiration, that upon
receipt of the annual renewal fee and an additional fee established by
rules and regulations of the board not to exceed $500 within the thirty-
day period the license will not be canceled and that, if both fees are not
received within the thirty-day period, the license shall be deemed can-
celed by operation of law and without further proceedings.

      (e) Any license canceled for failure to renew may be reinstated within
two years of cancellation upon recommendation of the board and upon
payment of the renewal fees then due and upon proof of compliance with
the continuing educational requirements established by the board by
rules and regulations. Any person who has not been in the active practice
of the branch of the healing arts for which reinstatement is sought or who
has not been engaged in a formal educational program during the two
years preceding the application for reinstatement may be required to
complete such additional testing, training or education as the board may
deem necessary to establish the licensee's present ability to practice with
reasonable skill and safety.

      (f) There is hereby created a designation of exempt license. The
board is authorized to issue an exempt license to any licensee who makes
written application for such license on a form provided by the board and
remits the fee for an exempt license established pursuant to K.S.A. 65-
2852 and amendments thereto. The board may issue an exempt license
to a person who is not regularly engaged in the practice of the healing
arts in Kansas and who does not hold oneself out to the public as being
professionally engaged in such practice. An exempt license shall entitle
the holder to all privileges attendant to the branch of the healing arts for
which such license is issued. Each exempt license may be renewed an-
nually subject to the provisions of this section. Each exempt licensee shall
be subject to all provisions of the healing arts act, except as otherwise
provided in this subsection (f). The holder of an exempt license shall not
be required to submit evidence of satisfactory completion of a program
of continuing education required by this section. Each exempt licensee
may apply for a license to regularly engage in the practice of the appro-
priate branch of the healing arts upon filing a written application with
the board. The request shall be on a form provided by the board and
shall be accompanied by the license fee established pursuant to K.S.A.
65-2852 and amendments thereto. For the licensee whose license has
been exempt for less than two years, the board shall adopt rules and
regulations establishing appropriate continuing education requirements
for exempt licensees to become licensed to regularly practice the healing
arts within Kansas. Any licensee whose license has been exempt for more
than two years and who has not been in the active practice of the healing
arts or engaged in a formal educational program since the license has
been exempt may be required to complete such additional testing, train-
ing or education as the board may deem necessary to establish the li-
censee's present ability to practice with reasonable skill and safety. Noth-
ing in this subsection (f) shall be construed to prohibit a person holding
an exempt license from serving as a coroner or as a paid employee of (1)
a local health department as defined by K.S.A. 65-241 and amendments
thereto, or (2) an indigent health care clinic as defined by K.S.A. 75-6102
and amendments thereto.

      (g) There is hereby created a designation of inactive license. The
board is authorized to issue an inactive license to any licensee who makes
written application for such license on a form provided by the board and
remits the fee for an inactive license established pursuant to K.S.A. 65-
2852 and amendments thereto. The board may issue an inactive license
only to a person who is not regularly engaged in the practice of the healing
arts in Kansas, who does not hold oneself out to the public as being
professionally engaged in such practice and who meets the definition of
inactive health care provider as defined in K.S.A. 40-3401 and amend-
ments thereto. An inactive license shall not entitle the holder to practice
the healing arts in this state. Each inactive license may be renewed an-
nually subject to the provisions of this section. Each inactive licensee shall
be subject to all provisions of the healing arts act, except as otherwise
provided in this subsection (g). The holder of an inactive license shall not
be required to submit evidence of satisfactory completion of a program
of continuing education required by K.S.A. 65-2809 and amendments
thereto. Each inactive licensee may apply for a license to regularly engage
in the practice of the appropriate branch of the healing arts upon filing
a written application with the board. The request shall be on a form
provided by the board and shall be accompanied by the license fee es-
tablished pursuant to K.S.A. 65-2852 and amendments thereto. For those
licensees whose license has been inactive for less than two years, the
board shall adopt rules and regulations establishing appropriate contin-
uing education requirements for inactive licensees to become licensed to
regularly practice the healing arts within Kansas. Any licensee whose li-
cense has been inactive for more than two years and who has not been
in the active practice of the healing arts or engaged in a formal education
program since the licensee has been inactive may be required to complete
such additional testing, training or education as the board may deem
necessary to establish the licensee's present ability to practice with rea-
sonable skill and safety.

      (h) There is hereby created a designation of federally active license.
The board is authorized to issue a federally active license to any licensee
who makes written application for such license on a form provided by the
board and remits the same fee required for a license established under
K.S.A. 65-2852 and amendments thereto. The board may issue a federally
active license only to a person who meets all the requirements for a license
to practice the healing arts in Kansas and who practices that branch of
the healing arts solely in the course of employment or active duty in the
United States government or any of its departments, bureaus or agencies
or who, in addition to such employment or assignment, provides profes-
sional services as a charitable health care provider as defined under K.S.A.
75-6102 and amendments thereto. The provisions of subsections (a), (b),
(d) and (e) of this section relating to continuing education, expiration and
renewal of a license shall be applicable to a federally active license issued
under this subsection. A person who practices under a federally active
license shall not be deemed to be rendering professional service as a
health care provider in this state for purposes of K.S.A. 40-3402 and
amendments thereto.

      Sec.  2. K.S.A. 1999 Supp. 65-2811 is hereby amended to read as
follows: 65-2811. (a) The board may issue a temporary permit to practice
the appropriate branch of the healing arts to any person who has made
proper application for a license by endorsement, has the required quali-
fications for such license and has paid the prescribed fees, and such per-
mit, when issued, shall authorize the person receiving the permit to prac-
tice within the limits of the permit until the license is issued or denied
by the board, but no more than one such temporary permit shall be issued
to any one person without the approval of 2/3 of the members of the board.

      (b) The board may issue a postgraduate permit to practice the ap-
propriate branch of the healing arts to any person who is engaged in a
full time, approved postgraduate training program; has made proper ap-
plication for such postgraduate permit upon forms approved by the board;
meets all qualifications of licensure, except the examinations required
under K.S.A. 65-2873 and amendments thereto and postgraduate train-
ing, as required by this act; has paid the prescribed fees established by
the board for such postgraduate permit; has passed such examinations in
the basic and clinical sciences approved under rules and regulations
adopted by the board; and, if the person is a graduate of a foreign medical
school, has passed an examination given by the educational commission
for foreign medical graduates.

      (c) The postgraduate permit issued under subsection (b), when is-
sued, shall be valid for a period not to exceed 36 months and shall au-
thorize the person receiving the permit to practice the appropriate branch
of the healing arts in the postgraduate training program while continu-
ously so engaged but shall not authorize the person receiving the permit
to engage in the private practice of the healing arts.

      (d) A postgraduate permit issued under subsection (b) shall be can-
celed if:

      (1) The holder thereof ceases to be engaged in the postgraduate train-
ing program; or

      (2) the holder thereof has engaged in the practice of the healing arts
outside of the postgraduate training program.

      Sec.  3. K.S.A. 1999 Supp. 65-2852 is hereby amended to read as
follows: 65-2852. The following fees shall be established by the board by
rules and regulations and collected by the board:

      (a) For a license, issued upon the basis of an examination given by
the board, in a sum of not more than $300;

      (b) for a license, issued without examination and by endorsement, in
a sum of not more than $300;

      (c) for a license, issued upon a certificate from the national boards,
in a sum of not more than $300;

      (d) for the annual renewal of a license, the sum of not more than
$300 $500;

      (e) for a temporary permit, in a sum of not more than $60;

      (f) for an institutional license, in a sum of not more than $300;

      (g) for a visiting professor temporary license, in a sum of not more
than $50;

      (h) for a certified statement from the board that a licensee is licensed
in this state, the sum of not more than $30;

      (i) for any copy of any license issued by the board, the sum of not
more than $30;

      (j) for any examination given by the board, a sum in an amount equal
to the cost to the board of the examination;

      (k) for application for and issuance of a special permit under K.S.A.
65-2811a and amendments thereto, the sum of not more than $60;

      (l) for an exempt or inactive license or renewal of an exempt or in-
active license, the sum of not more than $150;

      (m) for conversion of an exempt or inactive license to a license to
practice the healing arts, the sum of not more than $300;

      (n) for reinstatement of a revoked license, in a sum of not more than
$1,000;

      (o) for a visiting clinical professor license, or renewal of a visiting
clinical professor license, in a sum of not more than $300;

      (p) for a postgraduate permit in a sum of not more than $60;

      (q) for a limited permit or renewal of a limited permit, the sum of
not more than $60; and

      (r) for a written verification of any license or permit, the sum of not
more than $25.

      Sec.  4. K.S.A. 1999 Supp. 65-2895 is hereby amended to read as
follows: 65-2895. (a) There is hereby created a designation of institutional
license which may be issued by the board to a person who is a graduate
of an accredited school of the healing arts or a school which has been in
operation for not less than 15 years and the graduates of which have been
licensed in another state or states which have standards similar to Kansas
and who is employed as provided in this section. Subject to the restrictions
of this section, the institutional license shall confer upon the holder the
right and privilege to practice that branch of the healing arts in which the
holder of the institutional license is proficient and shall obligate the holder
to comply with all requirements of such license. The practice privileges
of institutional license holders are restricted as follows: The institutional
license shall be valid only during the period in which the holder is: (1)
The holder is employed by the department of social and rehabilitation
services, employed by any institution within the department of corrections
or employed pursuant to a contract entered into by the department of
social and rehabilitation services or the department of corrections with a
third party, and only within the institution to which the holder is assigned;
or (2) the holder was issued an institutional license prior to the effective
date of this act May 8, 1997, and is employed to provide mental health
services in the employ of a Kansas licensed community mental health
center, or one of its contracted affiliates, or a federal, state, county or
municipal agency, or other political subdivision, or a contractor of a fed-
eral, state, county or municipal agency, or other political subdivision, or
a duly chartered educational institution, or a medical care facility licensed
under K.S.A. 65-425 et seq, and amendments thereto, in a psychiatric
hospital licensed under K.S.A. 75-3307b and amendments thereto, or a
contractor of such educational institution, medical care facility or psychi-
atric hospital, and whose practice, in any such employment, is limited to
providing mental health services, is a part of the duties of such licensee's
paid position and is performed solely on behalf of the employer; or (3)
the holder was issued an institutional license prior to May 8, 1997, and
is providing mental health services pursuant to a written protocol with a
person who holds a license to practice medicine and surgery other than
an institutional license.

      (b) An institutional license shall be valid for a period of two years
after the date of issuance and may be renewed if the applicant for renewal
is eligible to obtain an institutional license under this section, has suc-
cessfully completed the examination required under subsection (a)(3) of
K.S.A. 65-2873 and amendments thereto and has submitted evidence of
satisfactory completion of a program of continuing education required by
the board. The board shall require each applicant for renewal of an in-
stitutional license under this section to submit evidence of satisfactory
completion of a program of continuing education required by the board
of licensees of the branch of the healing arts in which the applicant is
proficient.

      (c) Notwithstanding the provisions of subsection (b), an institutional
license may be renewed once for two years if the holder was issued an
institutional license prior to May 8, 1997, has successfully completed two
years of postgraduate training in the United States and has submitted
evidence of satisfactory completion of a program of continuing education
required by the board.

      (c) (d) This section shall be a part of and supplemental to the Kansas
healing arts act.

      Sec.  5. K.S.A. 1999 Supp. 65-2836 is hereby amended to read as
follows: 65-2836. A licensee's license may be revoked, suspended or lim-
ited, or the licensee may be publicly or privately censured, or an appli-
cation for a license or for reinstatement of a license may be denied upon
a finding of the existence of any of the following grounds:

      (a) The licensee has committed fraud or misrepresentation in apply-
ing for or securing an original, renewal or reinstated license.

      (b) The licensee has committed an act of unprofessional or dishon-
orable conduct or professional incompetency.

      (c) The licensee has been convicted of a felony or class A misde-
meanor, whether or not related to the practice of the healing arts. The
board shall revoke a licensee's license following conviction of a felony
occurring after July 1, 2000, unless a 2/3 majority of the board members
present and voting determine by clear and convincing evidence that such
licensee will not pose a threat to the public in such person's capacity as a
licensee and that such person has been sufficiently rehabilitated to war-
rant the public trust. In the case of a person who has been convicted of a
felony and who applies for an original license or to reinstate a canceled
license, the application for a license shall be denied unless a 2/3 majority
of the board members present and voting on such application determine
by clear and convincing evidence that such person will not pose a threat
to the public in such person's capacity as a licensee and that such person
has been sufficiently rehabilitated to warrant the public trust.

      (d) The licensee has used fraudulent or false advertisements.

      (e) The licensee is addicted to or has distributed intoxicating liquors
or drugs for any other than lawful purposes.

      (f) The licensee has willfully or repeatedly violated this act, the phar-
macy act of the state of Kansas or the uniform controlled substances act,
or any rules and regulations adopted pursuant thereto, or any rules and
regulations of the secretary of health and environment which are relevant
to the practice of the healing arts.

      (g) The licensee has unlawfully invaded the field of practice of any
branch of the healing arts in which the licensee is not licensed to practice.

      (h) The licensee has engaged in the practice of the healing arts under
a false or assumed name, or the impersonation of another practitioner.
The provisions of this subsection relating to an assumed name shall not
apply to licensees practicing under a professional corporation or other
legal entity duly authorized to provide such professional services in the
state of Kansas.

      (i) The licensee has the inability to practice the branch of the healing
arts for which the licensee is licensed with reasonable skill and safety to
patients by reason of physical or mental illness, or condition alcoholism,
excessive or use of alcohol, drugs, or controlled substances, chemical or
any other type of material or as a result of any mental or physical con-
dition. In determining whether or not such inability exists, the board,
upon reasonable suspicion of such inability, shall have 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
either in the course of an investigation or a disciplinary proceeding. To
determine whether reasonable suspicion of such inability exists, the in-
vestigative information shall be presented to the board as a whole, to a
review committee of professional peers of the licensee established pur-
suant to K.S.A. 65-2840c and amendments thereto or to a committee
consisting of the officers of the board elected pursuant to K.S.A. 65-2818
and amendments thereto and the executive director appointed pursuant
to K.S.A. 65-2878 and amendments thereto, and the or to a presiding
officer authorized pursuant to K.S.A. 77-514 and amendments thereto.
The determination shall be made by a majority vote of the entity which
reviewed the investigative information. Information submitted to the
board as a whole or a review committee of peers or a committee of the
officers and executive director of the board 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 intervals, an opportunity to demonstrate
that such person can resume the competent practice of the healing arts
with reasonable skill and safety to patients. For the purpose of this sub-
section, every person licensed to practice the healing arts and who shall
accept the privilege to practice the healing arts in this state by so prac-
ticing or by the making and filing of an annual a renewal to practice the
healing arts in this state shall be deemed to have consented to submit to
a mental or physical examination or a drug screen, or any combination
thereof, when directed in writing by the board and further to have waived
all objections to the admissibility of the testimony, drug screen or ex-
amination report of the person conducting such examination 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 consti-
tutes a privileged communication. In any proceeding by the board pur-
suant to the provisions of this subsection, the record of such board pro-
ceedings involving the mental and physical examination or drug screen,
or any combination thereof, shall not be used in any other administrative
or judicial proceeding.

      (j) The licensee has had a license to practice the healing arts revoked,
suspended or limited, has been censured or has had other disciplinary
action taken, or an application for a license denied, by the proper licensing
authority of another state, territory, District of Columbia, or other coun-
try, a certified copy of the record of the action of the other jurisdiction
being conclusive evidence thereof.

      (k) The licensee has violated any lawful rule and regulation promul-
gated by the board or violated any lawful order or directive of the board
previously entered by the board.

      (l) The licensee has failed to report or reveal the knowledge required
to be reported or revealed under K.S.A. 65-28,122 and amendments
thereto.

      (m) The licensee, if licensed to practice medicine and surgery, has
failed to inform in writing a patient suffering from any form of abnor-
mality of the breast tissue for which surgery is a recommended form of
treatment, of alternative methods of treatment specified in the standard-
ized summary supplied by the board. The standardized summary shall be
given to each patient specified herein as soon as practicable and medically
indicated following diagnosis, and this shall constitute compliance with
the requirements of this subsection. The board shall develop and distrib-
ute to persons licensed to practice medicine and surgery a standardized
summary of the alternative methods of treatment known to the board at
the time of distribution of the standardized summary, including surgical,
radiological or chemotherapeutic treatments or combinations of treat-
ments and the risks associated with each of these methods. Nothing in
this subsection shall be construed or operate to empower or authorize
the board to restrict in any manner the right of a person licensed to
practice medicine and surgery to recommend a method of treatment or
to restrict in any manner a patient's right to select a method of treatment.
The standardized summary shall not be construed as a recommendation
by the board of any method of treatment. The preceding sentence or
words having the same meaning shall be printed as a part of the stan-
dardized summary. The provisions of this subsection shall not be effective
until the standardized written summary provided for in this subsection is
developed and printed and made available by the board to persons li-
censed by the board to practice medicine and surgery recognized by li-
censees of the same profession in the same or similar communities as being
acceptable under like conditions and circumstances.

      (n) The licensee has cheated on or attempted to subvert the validity
of the examination for a license.

      (o) The licensee has been found to be mentally ill, disabled, not guilty
by reason of insanity, not guilty because the licensee suffers from a mental
disease or defect or incompetent to stand trial by a court of competent
jurisdiction.

      (p) The licensee has prescribed, sold, administered, distributed or
given a controlled substance to any person for other than medically ac-
cepted or lawful purposes.

      (q) The licensee has violated a federal law or regulation relating to
controlled substances.

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

      (s) Sanctions or disciplinary actions have been taken against the li-
censee by a peer review committee, health care facility, a governmental
agency or department or a professional association or society for acts or
conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (t) The licensee has failed to report to the board any adverse action
taken against the licensee by another state or licensing jurisdiction, a peer
review body, a health care facility, a professional association or society, a
governmental agency, by a law enforcement agency or a court for acts or
conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (u) The licensee has surrendered a license or authorization to practice
the healing arts in another state or jurisdiction, has surrendered the au-
thority to utilize controlled substances issued by any state or federal
agency, has agreed to a limitation to or restriction of privileges at any
medical care facility or has surrendered the licensee's membership on any
professional staff or in any professional association or society while under
investigation for acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section.

      (v) The licensee has failed to report to the board surrender of the
licensee's license or authorization to practice the healing arts in another
state or jurisdiction or surrender of the licensee's membership on any
professional staff or in any professional association or society while under
investigation for acts or conduct similar to acts or conduct which would
constitute grounds for disciplinary action under this section.

      (w) The licensee has an adverse judgment, award or settlement
against the licensee resulting from a medical liability claim related to acts
or conduct similar to acts or conduct which would constitute grounds for
disciplinary action under this section.

      (x) The licensee has failed to report to the board any adverse judg-
ment, settlement or award against the licensee resulting from a medical
malpractice liability claim related to acts or conduct similar to acts or
conduct which would constitute grounds for disciplinary action under this
section.

      (y) The licensee has failed to maintain a policy of professional liability
insurance as required by K.S.A. 40-3402 or 40-3403a and amendments
thereto.

      (z) The licensee has failed to pay the annual premium surcharge sur-
charges as required by K.S.A. 40-3404 and amendments thereto.

      (aa) The licensee has knowingly submitted any misleading, deceptive,
untrue or fraudulent representation on a claim form, bill or statement.

      (bb) The licensee as the responsible physician for a physician's assis-
tant has failed to adequately direct and supervise the physician's assistant
in accordance with K.S.A. 65-2896 to 65-2897a, inclusive, and amend-
ments thereto, or rules and regulations adopted under such statutes.

      (cc) The licensee has assisted suicide in violation of K.S.A. 21-3406
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 1999 Supp. 60-4404 and
amendments thereto.

      (C) A copy of the record of a judgment assessing damages under
K.S.A. 1998 1999 Supp. 60-4405 and amendments thereto.

      Sec.  6. K.S.A. 1999 Supp. 65-2837 is hereby amended to read as
follows: 65-2837. As used in K.S.A. 65-2836, and amendments thereto,
and in this section:

      (a) ``Professional incompetency'' means:

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

      (3) A pattern of practice or other behavior which demonstrates a
manifest incapacity or incompetence to practice medicine.

      (b) ``Unprofessional conduct'' means:

      (1) Solicitation of professional patronage through the use of fraudu-
lent or false advertisements, or profiting by the acts of those representing
themselves to be agents of the licensee.

      (2) Representing to a patient that a manifestly incurable disease, con-
dition or injury can be permanently cured.

      (3) Assisting in the care or treatment of a patient without the consent
of the patient, the attending physician or the patient's legal representa-
tives.

      (4) The use of any letters, words, or terms, as an affix, on stationery,
in advertisements, or otherwise indicating that such person is entitled to
practice a branch of the healing arts for which such person is not licensed.

      (5) Performing, procuring or aiding and abetting in the performance
or procurement of a criminal abortion.

      (6) Willful betrayal of confidential information.

      (7) Advertising professional superiority or the performance of pro-
fessional services in a superior manner.

      (8) Advertising to guarantee any professional service or to perform
any operation painlessly.

      (9) Participating in any action as a staff member of a medical care
facility which is designed to exclude or which results in the exclusion of
any person licensed to practice medicine and surgery from the medical
staff of a nonprofit medical care facility licensed in this state because of
the branch of the healing arts practiced by such person or without just
cause.

      (10) Failure to effectuate the declaration of a qualified patient as
provided in subsection (a) of K.S.A. 65-28,107, and amendments thereto.

      (11) Prescribing, ordering, dispensing, administering, selling, supply-
ing or giving any amphetamines or sympathomimetic amines, except as
authorized by K.S.A. 65-2837a, and amendments thereto.

      (12) Conduct likely to deceive, defraud or harm the public.

      (13) Making a false or misleading statement regarding the licensee's
skill or the efficacy or value of the drug, treatment or remedy prescribed
by the licensee or at the licensee's direction in the treatment of any dis-
ease or other condition of the body or mind.

      (14) Aiding or abetting the practice of the healing arts by an unli-
censed, incompetent or impaired person.

      (15) Allowing another person or organization to use the licensee's
license to practice the healing arts.

      (16) Commission of any act of sexual abuse, misconduct or exploita-
tion related to the licensee's professional practice.

      (17) The use of any false, fraudulent or deceptive statement in any
document connected with the practice of the healing arts including the
intentional falsifying or fraudulent altering of a patient or medical care
facility record.

      (18) Obtaining any fee by fraud, deceit or misrepresentation.

      (19) Directly or indirectly giving or receiving any fee, commission,
rebate or other compensation for professional services not actually and
personally rendered, other than through the legal functioning of lawful
professional partnerships, corporations or associations.

      (20) Failure to transfer patient records to another licensee when re-
quested to do so by the subject patient or by such patient's legally des-
ignated representative.

      (21) Performing unnecessary tests, examinations or services which
have no legitimate medical purpose.

      (22) Charging an excessive fee for services rendered.

      (23) Prescribing, dispensing, administering, distributing a prescrip-
tion drug or substance, including a controlled substance, in an excessive,
improper or inappropriate manner or quantity or not in the course of the
licensee's professional practice.

      (24) Repeated failure to practice healing arts with that level of care,
skill and treatment which is recognized by a reasonably prudent similar
practitioner as being acceptable under similar conditions and circum-
stances.

      (25) Failure to keep written medical records which accurately de-
scribe the services rendered to the patient, including patient histories,
pertinent findings, examination results and test results.

      (26) Delegating professional responsibilities to a person when the
licensee knows or has reason to know that such person is not qualified by
training, experience or licensure to perform them.

      (27) Using experimental forms of therapy without proper informed
patient consent, without conforming to generally accepted criteria or stan-
dard protocols, without keeping detailed legible records or without having
periodic analysis of the study and results reviewed by a committee or
peers.

      (28) Prescribing, dispensing, administering or distributing an ana-
bolic steroid or human growth hormone for other than a valid medical
purpose. Bodybuilding, muscle enhancement or increasing muscle bulk
or strength through the use of an anabolic steroid or human growth hor-
mone by a person who is in good health is not a valid medical purpose.

      (29) Referring a patient to a health care entity for services if the
licensee has a significant investment interest in the health care entity,
unless the licensee informs the patient in writing of such significant in-
vestment interest and that the patient may obtain such services elsewhere.

      (30) Failing to properly supervise, direct or delegate acts which con-
stitute the healing arts to persons who perform professional services pur-
suant to such licensee's direction, supervision, order, referral, delegation
or practice protocols.

      (31) Violating K.S.A. 65-6703 and amendments thereto.

      (c) ``False advertisement'' means any advertisement which is false,
misleading or deceptive in a material respect. In determining whether
any advertisement is misleading, there shall be taken into account not
only representations made or suggested by statement, word, design, de-
vice, sound or any combination thereof, but also the extent to which the
advertisement fails to reveal facts material in the light of such represen-
tations made.

      (d) ``Advertisement'' means all representations disseminated in any
manner or by any means, for the purpose of inducing, or which are likely
to induce, directly or indirectly, the purchase of professional services.

      (e) ``Licensee'' for purposes of this section and K.S.A. 65-2836, and
amendments thereto, shall mean all persons issued a license, permit or
special permit pursuant to article 28 of chapter 65 of the Kansas Statutes
Annotated.

      (f) ``License'' for purposes of this section and K.S.A. 65-2836, and
amendments thereto, shall mean any license, permit or special permit
granted under article 28 of chapter 65 of the Kansas Statutes Annotated.

      (g) ``Health care entity'' means any corporation, firm, partnership or
other business entity which provides services for diagnosis or treatment
of human health conditions and which is owned separately from a refer-
ring licensee's principle practice.

      (h) ``Significant investment interest'' means ownership of at least 10%
of the value of the firm, partnership or other business entity which owns
or leases the health care entity, or ownership of at least 10% of the shares
of stock of the corporation which owns or leases the health care entity.

 Sec.  7. K.S.A. 1999 Supp. 65-2809, 65-2811, 65-2836, 65-2837, 65-
2837b, 65-2852 and 65-2895 are hereby repealed.
 Sec.  8. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 15, 2000.
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