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  REVISOR of STATUTES

  

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65-425. Definitions. As used in this act:

(a) "General hospital" means an establishment with an organized medical staff of physicians; with permanent facilities that include inpatient beds; and with medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide diagnosis and treatment for patients who have a variety of medical conditions.

(b) "Special hospital" means an establishment with an organized medical staff of physicians; with permanent facilities that include inpatient beds; and with medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide diagnosis and treatment for patients who have specified medical conditions.

(c) "Person" means any individual, firm, partnership, corporation, company, association, or joint-stock association, and the legal successor thereof.

(d) "Governmental unit" means the state, or any county, municipality, or other political subdivision thereof; or any department, division, board or other agency of any of the foregoing.

(e) "Licensing agency" means the department of health and environment.

(f) "Ambulatory surgical center" means an establishment with an organized medical staff of one or more physicians; with permanent facilities that are equipped and operated primarily for the purpose of performing surgical procedures; with continuous physician services during surgical procedures and until the patient has recovered from the obvious effects of anesthetic and at all other times with physician services available whenever a patient is in the facility; with continuous registered professional nursing services whenever a patient is in the facility; and which does not provide services or other accommodations for patient to stay more than 24 hours. Before discharge from an ambulatory surgical center, each patient shall be evaluated by a physician for proper anesthesia recovery. Nothing in this section shall be construed to require the office of a physician or physicians to be licensed under this act as an ambulatory surgical center.

(g) "Recuperation center" means an establishment with an organized medical staff of physicians, permanent facilities that include inpatient beds, medical services, including physician services, and continuous registered professional nursing services for not less than 24 hours of every day, to provide treatment for patients who require inpatient care but are not in an acute phase of illness, who currently require primary convalescent or restorative services and who have a variety of medical conditions.

(h) "Medical care facility" means a hospital, ambulatory surgical center or recuperation center, except that "medical care facility" does not include a hospice that is certified to participate in the medicare program under 42 C.F.R. § 418.1 et seq. and that provides services only to hospice patients.

(i) "Critical access hospital" means the same as defined in K.S.A. 65-468 and amendments thereto.

(j) "Hospital" means general hospital, critical access hospital or special hospital.

(k) "Physician" means a person licensed to practice medicine and surgery in this state.

(l) "Rural emergency hospital" means the same as defined in K.S.A. 2022 Supp. 65-482, and amendments thereto.

History: L. 1947, ch. 329, § 1; L. 1949, ch. 328, § 1; L. 1971, ch. 204, § 1; L. 1973, ch. 248, § 1; L. 1974, ch. 352, § 83; L. 1992, ch. 158, § 8; L. 1993, ch. 255, § 1; L. 1994, ch. 6, § 3; L. 1998, ch. 53, § 1; L. 2021, ch. 88, § 12; May 6.

Cross References to Related Sections:

Reporting abuse or neglect of residents of adult care homes and certain medical care facilities, see 39-1401 et seq.

Health care access improvement assessments, see 65-6207 et seq.

Law Review and Bar Journal References:

"Physician's Assistant and Nurse Practitioner Laws: A Study of Health Law Reform," Philip C. Kissam, 24 K.L.R. 1, 53 (1975).

"Hospitals' Role and Responsibility in Health Care Delivery," Alan Rupe, Robert D. Steiger, 14 W.L.J. 580, 593, 595 (1975).

Attorney General's Opinions:

Moratorium on construction of general or special hospital licensed by department of health and environment; not applicable to psychiatric hospital. 85-71.

Alcoholism and intoxication treatment; treatment facilities. 85-89.

Licensing, inspection and regulation; licensure of psychiatric hospitals. 86-58.

Conversion of county hospital to health care facilities and services district. 91-60.

Limited liability company, consisting of licensed medical practitioners and licensed hospital, may contract with other medical practitioners for health care services. 96-34.

CASE ANNOTATIONS

1. Petition to enjoin levy and collection of hospital tax held good. Linder v. Board of County Commissioners, 186 K. 107, 111, 348 P.2d 815.

2. Cited in holding as tax exempt, property stored in Kansas of not-for-profit Missouri hospital corporation authorized as Kansas not-for-profit corporation. Board of Johnson County Comm'rs v. St. Joseph Hosp., 241 K. 613, 615, 619, 738 P.2d 454 (1987).

3. Cited; adult care home residents' bill of rights, 39-923, K.A.R. 28-39-78, regarding choice of personal physician examined. State ex rel. Walker v. Bergman, 12 K.A.2d 695, 701, 755 P.2d 557 (1988).

4. Instructions read together as a whole along with overwhelming evidence of negligence, as overcoming objection to instruction on supervision examined. Leiker v. Gafford, 245 K. 325, 351, 778 P.2d 823 (1989).

5. Cited; whether hospital may employ physicians examined; corporate practice of medicine discussed. St. Francis Regional Med. Center v. Weiss, 254 K. 728, 743, 869 P.2d 606 (1994).

6. Sections 79-201b Third, 79-201 Second and 79-201 Ninth are discussed and applied in denying tax exemption. In re Tax Exemption Application of Gracious Promise Foundation, 42 K.A.2d 180, 205 P.3d 791 (2009).

7. A physician's employment contract with a licensed ambulatory surgical center was void for violating the corporate practice of medicine doctrine, because the physician's family medicine practice fell outside authorized primary purpose of the license to perform surgical procedures. Cent. Kansas Med. Ctr. v. Hatesohl, 308 K. 992, 1011, 425 P.3d 1253 (2018).


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