Kansas Statutes

Chapter 65.—PUBLIC HEALTH

• Article 1.—SECRETARY OF HEALTH AND ENVIRONMENT, ACTIVITIES
  • Cross References to Related Sections:

    Department of health and environment, see chapter 75, article 56.

  • GENERAL POWERS AND FUNCTIONS

    65-101 Health supervision; investigation of causes of disease, sickness and death; sanitation inspections; prevention of spread of disease; outreach services; rules and regulations; injunction; revocation by legislature or legislative coordinating council of certain orders of secretary of health and environment.
  • 65-102 Registration of vital statistics and diseases; forms.
  • 65-102a Materials relating to environmental concerns; public inspection; copies, fee, approval; disposition of moneys.
  • 65-102b Confidentiality of information concerning noninfectious diseases; disclosure.
  • 65-103 Special sanitary service.
  • 65-103a Authority to receive federal or other funds.
  • 65-103b Federal title X funding priorities for family planning services.

  • INFECTIOUS AND CONTAGIOUS DISEASES

    65-104 Repealed.
  • 65-105 Repealed.
  • 65-106 through 65-116 Repealed.
  • 65-116a Definitions.
  • 65-116b Tuberculosis suspects; order by health officer; scope of examination; care and treatment.
  • 65-116c Precautions to prevent spread of infection, when; investigations.
  • 65-116d Failure to do required acts; proceedings by county attorney.
  • 65-116e Commitment to medical care facility; restraint; discharge, when; recommitment.
  • 65-116f Repealed.
  • 65-116g Penalty for violations of act or regulations.
  • 65-116h Preservation of individual rights.
  • 65-116i Expenses of care, maintenance and treatment; payment from state funds.
  • 65-116j Care, maintenance and treatment; powers and duties of the secretary of health and environment.
  • 65-116k Rules and regulations of the secretary of health and environment; payments for care and treatment.
  • 65-116l Use of funds for care, maintenance or treatment; limitations.
  • 65-116m Recovery of cost of care, maintenance or treatment from third parties.
  • 65-117 Repealed.
  • 65-118 Reporting to local health authority as to infectious or contagious diseases; persons reporting; immunity from liability; confidentiality of information; disclosure.
  • 65-119 Duties and powers of local health officers; contagious diseases; confidentiality of information; disclosure, when.
  • 65-120 Repealed.
  • 65-121 Repealed.
  • 65-122 Schools and child care facilities; non-admissions and exclusions; readmissions, when.
  • 65-123 Funeral services.
  • 65-124 Repealed.
  • 65-125 Repealed.
  • 65-126 Quarantine of city, township or county.
  • 65-127 Penalty provision.
  • 65-128 Rules and regulations of secretary to prevent spread and dissemination of diseases; testing and quarantine; protection of providers and recipients of services.
  • 65-128a Chy J. Miller's law.
  • 65-129 Penalties for unlawful acts.
  • 65-129a Repealed.
  • 65-129b Infections or contagious diseases; authority of local health officer or secretary; evaluation or treatment orders, isolation or quarantine orders; enforcement.
  • 65-129c Same; orders for isolation or quarantine; form and content; notice; hearing in district court; application and effect; procedure; orders for relief; emergency rules of procedure.
  • 65-129d Same; unlawful discharge from employment.
  • 65-129e Tuberculosis evaluation requirements for certain students; rules and regulations; evaluation criteria; treatment and monitoring of infected persons.
  • 65-129f Tuberculosis prevention and control for certain students; rules and regulations; prevention and control plan.

  • VITAL STATISTICS

    65-130 through 65-132 Repealed.
  • 65-133 Repealed.
  • 65-134 Repealed.
  • 65-134a Repealed.
  • 65-135 through 65-141 Repealed.
  • 65-142 Repealed.
  • 65-142a Repealed.
  • 65-143 Repealed.
  • 65-144 Repealed.
  • 65-145 through 65-147 Repealed.
  • 65-148, 65-149 Repealed.
  • 65-150 Repealed.
  • 65-151 Repealed.
  • 65-152 Repealed.
  • 65-153 Child hygiene; duties of division of public health.
  • 65-153a Repealed.
  • 65-153b Newly born infant; treatment of eyes.
  • 65-153c Same; duty of physician and others.
  • 65-153d Same; rules and regulations.
  • 65-153e Same; penalty for violating K.S.A. 65-153b through 65-153e.
  • 65-153f Prenatal serological tests for syphilis and hepatitis b; approved laboratories; laboratory reports, confidentiality.
  • 65-153g Same; how reported.
  • 65-153h Same; misdemeanor.
  • 65-154, 65-155 Repealed.
  • 65-156 Regulations and fees.
  • 65-157 Same; analysis by office of laboratory services; disposition of fees.
  • 65-158 Repealed.
  • 65-159 Abatement of nuisances; failure to remove, penalties.
  • 65-160 Same; duty of county attorney.

  • WATER SUPPLY AND SEWAGE

    65-161 Definitions.
  • 65-162 Repealed.
  • 65-162a Public water supply systems; definitions.
  • 65-163 Public water supply systems; applications to secretary for permits; annual certification; investigation of complaints; municipal water treatment residues; approved by secretary; orders; remedial measures; fees for inspection and regulation of systems; rules and regulations.
  • 65-163a Same; cessation of water delivery, when; order by secretary, judicial review.
  • 65-163b Repealed.
  • 65-163c Same; public water supply fee fund; authorized expenditures; interest transferred from state general fund.
  • 65-163d Public water supply project loan program; definitions.
  • 65-163e Same; public water supply loan fund established; sources of revenue; purposes for disbursements therefrom.
  • 65-163f Same; authority and duties of the secretary of health and environment; rules and regulations.
  • 65-163g Same; project priority system development; priority list preparation, considerations.
  • 65-163h Same; intended use plan for available moneys.
  • 65-163i Same; applications for loans; loan agreements, provisions; provision of technical assistance by secretary.
  • 65-163j Same; loan repayment sources of municipalities; imposition of charges by secretary; remedy for failure to repay project loans; maintenance of project accounts.
  • 65-163k Same; annual reports.
  • 65-163l Same; authority to issue bonds.
  • 65-163m Same; bond resolutions, contents; authorities of secretary relating to issuance of bonds.
  • 65-163n Same; bonds issued not state indebtedness; enforcibility of contracts, agreements and covenants.
  • 65-163o Same; issuance of refunding bonds.
  • 65-163p Same; disposition of revenue derived from bond sales.
  • 65-163q Same; income from bonds exempt from taxation.
  • 65-163r Same; bonds deemed legal and proper securities for investment by governmental entities.
  • 65-163s Same; powers supplemental to other powers of the secretary; severability.
  • 65-163t Same; publication of notice of bond issuance, contents; actions to contest, timing.
  • 65-163u Same; general obligation bond issuance authority for municipalities; election not required and not subject to bonded debt limitations.
  • 65-164 Sewage; definition; complaints, investigations, orders; administrative review.
  • 65-165 Permits for discharge of sewage or extension of sewer system; exceptions; general permits; revocation or modification of permit.
  • 65-166 Application for permit to discharge sewage.

  • WATER SUPPLY AND SEWAGE

    65-166a Fees for administering water pollution control permit system; expiration of permits; reissuance; permits and fees for confined feeding facilities and truck washing facilities for animal wastes; disposition of moneys.
  • 65-166b Water program management fund.
  • 65-167 Sewage discharge; penalties for willful or negligent discharge of sewage without permit or in violation of terms of permit.
  • 65-168 Repealed.
  • 65-169 Same; penalties for failure to comply with requirements of secretary.
  • 65-170 Director of the division of environment; duties in carrying out the provisions of K.S.A. 65-161 through 65-170.
  • 65-170a Public water supply systems, water pollution, sewage discharge; "person" defined.
  • 65-170b Same; access to properties and facilities; inspection and monitoring requirements.
  • 65-170c Penalties for making false statement, representation or certification.
  • 65-170d Public water supply systems; pollution violations; penalties; procedure; hearings.
  • 65-170e Public water supply systems, water pollution, sewage discharge; action by attorney general; intervention in actions by persons having an identifiable interest.
  • 65-170f Same; disposition of recovered penalties.
  • 65-170g Disclosure of information; trade secrets; confidential information.
  • 65-171 Repealed.
  • 65-171a Stream pollution detrimental to animal or aquatic life.
  • 65-171b Same; abatement.
  • 65-171c Same; technical advisers.
  • 65-171d Prevention of water pollution; standards; permits; exemption; orders; hearings; appeals; fees; confined feeding facilities, registration prior to construction, separation distance requirements, exemptions.
  • 65-171e Same; investigations, services and orders; fees.
  • 65-171f Same; penalties for failure to comply with rules and regulations.
  • 65-171g Protection of water and air from sewage contamination.
  • 65-171h Minimum standards for sanitary water and sewage systems.
  • 65-171i Feedlot law administration not affected by this act.
  • 65-171j Discharge of substances containing mercury into waters of state prohibited; penalty.
  • 65-171k Repealed.
  • 65-171l Same; analyses to performed by laboratory certificated by secretary.
  • 65-171m Public water supply systems; primary drinking water standards; rules and regulations, authority to adopt, scope; stringency of standards; requiring fluorides prohibited.
  • 65-171n Same; development of emergency plans by secretary.
  • 65-171o Public water supply systems; suppliers to provide notice, when; form of notice.
  • 65-171p Public water supply systems; variances; conditions; notice; requests for public hearing; scheduled compliance.
  • 65-171q Same; exemptions; required findings; notice; requests for public hearings; scheduled compliance.
  • 65-171r Same; prohibited acts.
  • 65-171s Same; violation of standards; penalties; procedure; hearing; judicial review.
  • 65-171t Same; attorney general to seek injunctive relief.
  • 65-171u Liability for damages to environment; recovery by attorney general, when; disposition of damages recovered.
  • 65-171v Responsibility of cleanup operations for water or soil pollutants; definitions; duties of secretary; recovery of costs by attorney general and disposition thereof; penalties.
  • 65-171w Repealed.
  • 65-171x Application of acts to federal agencies.
  • 65-171y Public water supply system regulation of lawn irrigation systems.
  • 65-171z Repealed.
  • 65-172 Sanitary supervision by secretary of health and environment.
  • 65-173 Inspections; rules and regulations; penalty.
  • 65-174, 65-175 Repealed.
  • 65-176 Inspections; rules and regulations; reports; terms "sanitary conditions" and "health supervision" construed.

  • MEDICAL RESEARCH STUDIES

    65-177 Study of diseases and deaths from maternal, perinatal and anesthetic causes; "data" defined; medical records; confidentiality, use; liability, immunity; admissibility as evidence; reports, contents.
  • 65-178 Same; nonliability for furnishing information for studies.
  • 65-179 Same; unauthorized disclosure; penalty; construction of act.

  • PHENYLKETONURIA, CONGENITAL HYPOTHYROIDISM AND GALACTOSEMIA

    65-180 Educational, screening, testing and follow-up program concerning phenylketonuria, congenital hypothyroidism, galactosemia, maple syrup urine disease and certain other genetic diseases; registry of cases; food and treatment products; reimbursement of cost; eligibility; newborn screening programs; Kansas newborn screening fund; transfers from medical assistance fee fund; limitations.
  • 65-181 Same; tests in accordance with rules and regulations of secretary.
  • 65-182 Same; provisions inapplicable where parents object on religious grounds.
  • 65-183 Same; report by physicians to secretary.

  • AREAS SURROUNDING CERTAIN WATER IMPOUNDMENTS

    65-184 Purpose of act.
  • 65-185 Definitions.
  • 65-186 Repealed.
  • 65-187 Powers and duties of secretary.
  • 65-188 Enforcement of act; injunction, mandamus or quo warranto.
  • 65-189 Repealed.
  • 65-189a, 65-189b Repealed.
  • 65-189c Subdivider to submit engineering study and sanitation plan; review and approval; information required in instrument of conveyance; construction and use of buildings and facilities; sanitation plan and construction of water and sewage systems required; review and approval of plans; appeals.
  • 65-189d Subdivided lands to be platted; plan and estimate of cost of water, sewage and refuse service required.

  • AREAS SURROUNDING CERTAIN WATER IMPOUNDMENTS

    65-189e Act inapplicable to certain lands.
  • 65-189f Rules and regulations providing for granting exceptions.
  • 65-190 through 65-192 Repealed.
  • 65-193 Repealed.
  • 65-194 Repealed.
  • 65-195 Repealed.
  • 65-196 Repealed.
  • 65-197 Advanced training for professional employees; payment of cost; rules and regulations.
  • 65-198 Repealed.
  • 65-199 Repealed.
  • 65-1,100 through 65-1,103 Repealed.
  • 65-1,104 Repealed.

  • SICKLE CELL TRAIT AND SICKLE CELL ANEMIA

    65-1,105 Establishment of statewide program of blood tests and counseling authorized; contracts; financial assistance for persons with sickle cell anemia; requirements for eligibility for financial assistance; duties of secretary of health and environment.
  • 65-1,105a Financial assistance for persons with sickle cell anemia; recovery of cost from third party; subrogation.
  • 65-1,105b Information to be given parents or guardian of child entering school for first time; assistance of secretary of health and environment.
  • 65-1,106 Statewide program for sickle cell anemia testing; information confidential; exception; penalty.

  • LABORATORY TESTING

    65-1,107 Secretary of health and environment to adopt rules and regulations relating to procedures, testing protocols, qualifications of personnel and equipment of certain laboratories; list of approved preliminary screening devices for testing of breath for law enforcement purposes.
  • 65-1,108 Unlawful to perform certain tests unless performed in approved laboratory; penalty for violation; exclusions.
  • 65-1,108a Information obtained through certain tests conducted by approved laboratories confidential; exceptions; penalties for violations.
  • 65-1,109 Testing human breath for law enforcement purposes; unlawful acts; penalty.
  • 65-1,109a Certification of laboratories performing environmental analyses.
  • 65-1,110 Establishments maintaining restroom facilities for the public; facilities to be available without charge.
  • 65-1,111 Same; enforcement.
  • 65-1,112 Spinal cord injury treatment program; components.
  • 65-1,113 Health manpower planning; collection of information; confidentiality.

  • DIABETES MELLITUS

    65-1,114 Definitions.
  • 65-1,115 Contract for health data and information relating to diabetes mellitus.
  • 65-1,116 Confidentiality of information; exceptions.
  • 65-1,117 Penalty for disclosure of confidential information.
  • 65-1,118 Act not to effect mode of treatment.
  • 65-1,119 Rules and regulations.

  • MEDICATION AIDES

    65-1,120 Definitions.
  • 65-1,121 Medication aides; continuing education; requirements; fees.
  • 65-1,122 Diabetes; development of plans to reduce incidence of disease; biennial reporting; requirements.
  • 65-1,123 through 65-1,130 Reserved.

  • HEMOPHILIA

    65-1,131 Definitions.
  • 65-1,132 Establishment of program for treatment of persons suffering from hemophilia; state assistance, requirements for eligibility; rules and regulations.
  • 65-1,133 Duties of secretary.
  • 65-1,134 Rules and regulations.
  • 65-1,135 Payment of claims in subsequent fiscal year; limitation.
  • 65-1,136 through 65-1,140 Reserved.
  • 65-1,141 through 65-1,147 Repealed.
  • 65-1,148 Sanitation standards defined; rules and regulations of the secretary establishing sanitation standards for persons and entities regulated by state board of barber examiners and state board of cosmetology.
  • 65-1,149, 65-1,150 Repealed.
  • 65-1,151 Repealed.
  • 65-1,152 through 65-1,157 Repealed.
  • 65-1,157a Newborn infant hearing screening; informed consent; confidentiality of information; application for and receipt of grants; rules and regulations.
  • 65-1,158 Community-based teenage pregnancy reduction program; behavioral and educational objectives; grants, proposals and requirements, competitive awards and administration; duties of secretary; receipt of federal and other grants; rules and regulations.

  • COMPREHENSIVE HEALTH PLAN FOR PREGNANT WOMEN AND CHILDREN

    65-1,159 Development and submission of proposal; components.
  • 65-1,159a Senator Stan Clark pregnancy maintenance initiative program; objectives; grants; annual report to legislature.

  • PRECONCEPTION AND PERINATAL PROGRAMS

    65-1,160 Public awareness program on effects of tobacco, alcohol, drugs.
  • 65-1,161 Educational materials and guidance for health care providers; services available from local health departments; effects of tobacco, alcohol, drugs.
  • 65-1,162 Educational program for health care providers regarding drugs.
  • 65-1,163 Identification and referral of pregnant women at risk for prenatal substance abuse.
  • 65-1,164 Same; service coordination for woman and family.
  • 65-1,165 Same; referred pregnant woman first priority user of treatment through the Kansas department for aging and disability services.
  • 65-1,166 Toll free information line.
  • 65-1,167 Construction of act.

  • CANCER REGISTRY

    65-1,168 Cancer registry; definitions.
  • 65-1,169 Same; collection of data; rules and regulations; reporting of cases.
  • 65-1,170 Same; uses of nonconfidential data.
  • 65-1,171 Same; confidential data; exceptions to prohibition on disclosure; data not subject to subpoena or open records act; storage of data.
  • 65-1,172 Same; uses of confidential data.
  • 65-1,173 Same; panel to establish policies for release of nonconfidential data; release of statistical data.
  • 65-1,174 Same; immunity from civil or criminal liability for reporting; privilege under K.S.A. 60-427 not applicable to reports under this act; section not applicable to unauthorized disclosure due to gross negligence or willful misconduct.
  • 65-1,174a Cancer screening program.
  • 65-1,175 Surface water quality standards; definitions.
  • 65-1,176 Same; mixing zone to be used; standards for ammonia, chlorides and atrazine; permit conditions; assistance in meeting standards.
  • 65-1,177 Repealed.

  • CONFINED FEEDING FACILITIES FOR SWINE

    65-1,178 Definitions.
  • 65-1,179 Permit application; public notice, comment, hearing; department action, when.
  • 65-1,180 Required distances from water.
  • 65-1,181 Manure management plan; lagoon standards; monitoring wells, when.
  • 65-1,182 Nutrient utilization plan; requirements for land application of manure or wastewater.
  • 65-1,183 Waste management system; standards for operators; failure or unplanned release.
  • 65-1,184 Emergency response plan.
  • 65-1,185 Retention of facility's records and plans.
  • 65-1,186 Facility operator; certification; responsibility for employee training.
  • 65-1,187 Odor control plan.
  • 65-1,188 Dead animal handling plan.
  • 65-1,189 Facility closure plan; demonstration of financial ability.
  • 65-1,190 Lagoon closure plan; demonstration of financial ability.
  • 65-1,191 Inspections.
  • 65-1,192 Preexisting facilities; application of separation distances.
  • 65-1,193 Denial, suspension or revocation of permit; penalties for certain violations.
  • 65-1,194 Application of certain standards to certain large facilities.
  • 65-1,195 Kansas state university; duties.
  • 65-1,196 Standards and requirements; application; powers of secretary of health and environment.
  • 65-1,197 Advisory committee.
  • 65-1,198 Rules and regulations; reports to legislature.
  • 65-1,199 Rules and regulations for composting dead livestock.

  • RESIDENTIAL CHILDHOOD LEAD POISONING PREVENTION

    65-1,200 Citation of act.
  • 65-1,201 Definitions.
  • 65-1,202 Development and implementation of prevention program; licensure training and inspections; fees; rules and regulations.
  • 65-1,203 Licensure or certification to perform lead-based paint activities.
  • 65-1,204 Same; qualification requirements.
  • 65-1,205 Remittance of fees.
  • 65-1,206 Lead-based paint hazard fee fund; sources of revenue; expenditures.
  • 65-1,207 Denial, suspension or revocation of license or certificate or accreditation of training program, when; suspension of abatement program; administrative review.
  • 65-1,208 Noncompliance; notice; duty to meet compliance requirements.
  • 65-1,209 Violations; criminal penalties.
  • 65-1,210 Same; civil penalties; corrective action; appeals; grants to communities to eliminate hazards.
  • 65-1,211 Same; additional remedies.
  • 65-1,212 Implementation of act by entities engaging in lead-based paint activities; when.
  • 65-1,213 Statutory audit privilege not applicable.
  • 65-1,214 Repealed.

  • RENAL DISEASE AND FETAL ALCOHOL SYNDROME PROGRAMS

    65-1,215 Renal disease program, exception; support staff; standards; rules and regulations; renal disease fund.
  • 65-1,216 Expired.
  • 65-1,217 through 65-1,220 Reserved.

  • ENVIRONMENTAL USE CONTROLS

    65-1,221 Intent.
  • 65-1,222 Definitions.
  • 65-1,223 Exclusions from act.
  • 65-1,224 Environmental use control; application; requirements; approval or disapproval.
  • 65-1,225 Same; recording with register of deeds; enforcement.
  • 65-1,226 Same; funding requirements; categories of property.
  • 65-1,227 Same; term; removal or expiration; modification; liability.
  • 65-1,228 Same; restrictions or prohibitions.
  • 65-1,229 Same; enforcement.
  • 65-1,230 Same; department oversight and tracking.
  • 65-1,231 Environmental use control fund.
  • 65-1,232 Rules and regulations.
  • 65-1,233 Publication of approved use controls.
  • 65-1,234 Review of agency actions.
  • 65-1,235 Severability.

  • BIRTH DEFECTS INFORMATION SYSTEM

    65-1,241 Definitions; establishment of birth defects information system; aspects of implementation of system.
  • 65-1,242 Use of birth defects information system.
  • 65-1,243 Confidentiality of records.
  • 65-1,244 Removal of information from system; form.
  • 65-1,245 Rules and regulations.
  • 65-1,246 Annual report.
  • 65-1,247 Expedited processing and issuance of certain permits.
  • 65-1,248 Breastfeeding; where.
  • 65-1,249 Umbilical cord banks; regulation of operations; rules and regulations; education and training in collection and maintenance procedures; duties and functions of department of health and environment, Kansas bioscience authority.
  • 65-1,250 Umbilical cord donation information act.
  • 65-1,251 Influenza immunization for children; awareness and participation.
  • 65-1,252 Division of health care finance; director; officers and employees.
  • 65-1,253 Same; transfer of powers, duties and functions; Kansas health policy authority abolished.
  • 65-1,254 Same; transfer of powers, duties and functions to division; reference; rules and regulations.
  • 65-1,255 Same; division successor to funds and liability.
  • 65-1,256 Same; division successor to property and rights; conflict resolution.
  • 65-1,257 Transition; preservation of civil actions and proceedings; no abatement of criminal actions.
  • 65-1,258 Same; transfer of officers and employees; preservation of civil service rights; retirement benefits, leave balances and other rights.
  • 65-1,259 Prenatal and postnatal diagnosed conditions awareness programs.
  • 65-1,260 Palliative care and quality of life interdisciplinary advisory council; creation; membership; duties.
  • 65-1,261 State palliative care consumer and professional information and education program; creation; duties of department of health and environment.
• Article 2.—LOCAL BOARDS OF HEALTH; CLINICS
  • Cross References to Related Sections:

    County sanitary codes, see chapter 19, article 37.

  • 65-201 County, city-county and multicounty units; local health officers; appointment, tenure, removal; laws applicable; review, amendment or revocation of local health officer orders; limitation on certain orders; approval by board of county commissioners required; civil action for relief from orders.
  • 65-202 Same; oath and bond of local health officers; duties and compensation; review, amendment or revocation of orders; employment of additional personnel; removal from office; criminal penalties.
  • 65-203 Obstetrical patients.
  • 65-204 County health funds; health buildings; garbage and trash disposal; tax levies, use of proceeds; increase in levy; protest; election.
  • 65-205 Joint board by cities and counties; agreement; jurisdiction; board in counties over 300,000.
  • 65-206 Treasurer; election; term; bond; moneys.
  • 65-207 Reports to governing body.
  • 65-208 Health and sanitation; tax levies, use of proceeds.
  • 65-209 Withdrawal; notice.
  • 65-210 Same; moneys.

  • MENTAL HEALTH CLINICS

    65-211 Establishment of mental health clinics and joint boards of mental health in certain counties; charges; parolees; disposition of moneys; contract for services with nonprofit corporation, when; report.
  • 65-212 Establishment of mental health clinics and joint boards of mental health in certain counties; tax levies, use of proceeds; issuance of bonds; adoption and publication of resolution; protest petition and election.
  • 65-213 Mental health clinic in certain counties; board of trustees, appointment, qualifications, terms.
  • 65-214 Same; treasurer of board, election, bond; expenditures.
  • 65-215 Same; tax levies, use of proceeds; adoption and publication of resolution; protest petition and election.
  • 65-216 through 65-219 Repealed.

  • COMMUNITY NURSING CARE

    65-220 Community nursing care; definitions.
  • 65-221 Same; services; fees; personnel; expenditures.
  • 65-222 Same; rendering of services; fees; amount and use.
  • 65-223 Same; receipt of funds; use.
  • 65-224 Same; use of county general funds.
  • 65-225 Same; collection of fees.
  • 65-226 Expired.
  • 65-227 through 65-240 Reserved.

  • STATE FINANCIAL ASSISTANCE TO LOCAL HEALTH DEPARTMENTS

    65-241 State financial assistance to local health departments; definitions.
  • 65-242 State financial assistance to local health departments; computation of assistance.
  • 65-243 Same; application for assistance; population figures; rules and regulations.
  • 65-244 Same; determination of amount of state financial assistance due each local health department; payment of financial assistance.
  • 65-245 Same; overpayment or underpayment to local health department; procedure.
  • 65-246 Same; other moneys available to local health departments; moneys not included in determining local tax revenues.
• Article 2a.—REGIONAL HEALTH PROGRAMS (Not in active use)
  • 65-2a01 Repealed.
  • 65-2a02 through 65-2a06 Repealed.
  • 65-2a07 Repealed.
  • 65-2a08 through 65-2a14 Repealed.
• Article 3.—CONTROL OF CONTAGIOUS DISEASES IN CITIES OF THE SECOND OR THIRD CLASS
  • Cross References to Related Sections:

    Infectious or contagious diseases, see also 65-118 et seq.

  • 65-301 Authority of officers; expenses.
  • 65-302 Audit and payment of claims by county.
• Article 4.—HOSPITALS AND OTHER FACILITIES
  • Law Review and Bar Journal References:

    Case note discussing hospital standards of care, 17 K.L.R. 349, 389 (1969).

  • 65-401 Repealed.
  • 65-402 Repealed.
  • 65-403 Repealed.
  • 65-404 Repealed.
  • 65-405 Repealed.
  • 65-405a Repealed.

  • LIEN OF OPERATOR

    65-406 Liens upon personal injury damages recovered by patients; exception; enforcement of claimed lien in excess of $5,000.
  • 65-407 Same; notices and statement of claims; requirements.
  • 65-408 Same; persons liable to hospital; limitation of actions.
  • 65-409 Hospital lien; fee for filing; authorized only by legislative enactment.
  • 65-410 Title of act.
  • 65-411 Definitions.
  • 65-412 Administration of act by secretary of health and environment; state medical facilities plan.
  • 65-413 General powers and duties.
  • 65-414 Repealed.
  • 65-415 Survey and planning activities.
  • 65-416 State medical facilities plan; provisions.
  • 65-417 Application for federal funds for survey and planning; expenditure.
  • 65-418 Repealed.
  • 65-419 Same; priority of projects.
  • 65-420 Medical facility projects; application for funds.
  • 65-421 Consideration and forwarding of applications; hearing.
  • 65-422 Inspection of projects; certification.
  • 65-423 Medical facilities project fund established; deposit of federal moneys; uses.
  • 65-424 Invalidity of part.
  • 65-424a Medical facilities; definition.
  • 65-424b Same; construction, operation and leasing by certain municipalities authorized.

  • LICENSING, INSPECTION AND REGULATION

    65-425 Definitions.
  • 65-425a Definition of "hospital" as used in article 14b of chapter 13 and article 6 of chapter 14 of the Kansas Statutes Annotated.
  • 65-426 Purpose of act.
  • 65-427 Licensure.
  • 65-428 Application for license; contents.
  • 65-429 Issuance and renewal of licenses; funding the cost of administration of the medical care facilities licensure and risk management program; display of license.
  • 65-430 Denial, suspension or revocation of license; notice and hearing.
  • 65-431 Rules and regulations; selection of professional staff; hospital compliance through combined operation.
  • 65-431a Kansas lay caregiver act; definitions; opportunity for hospital patient to designate lay caregiver; notice; liability.
  • 65-432 Time for compliance with rules, regulations and standards.
  • 65-433 Inspections and investigations; rules and regulations; consultations.
  • 65-434 Repealed.
  • 65-435 Repealed.
  • 65-435a Development of contents of annual report and inspection form; rules and regulations.
  • 65-436 Information confidential; exceptions.
  • 65-437 Annual report of licensing agency.
  • 65-438 Appeal from decision of licensing agency.
  • 65-439 Penalties.
  • 65-440 Injunction.
  • 65-441 Invalidity of part.
  • 65-441a Repealed.
  • 65-442 Limited liability for medical care facilities and certain duly appointed officials thereof; good faith requirement.
  • 65-442a Same; act inapplicable to adult care home licensed under chapter 39.
  • 65-443 Termination of human pregnancy; performance, referral for, or participation in medical procedures not required; prescription or administration of any device or drug not required.
  • 65-444 Same; medical care facility refusal to permit; establishment of criteria and procedures.
  • 65-445 Termination of human pregnancy; records; annual reports; confidentiality of information, exceptions; criminal penalties for violations.
  • 65-446 Medical procedures resulting in sterilization of persons; performance, referral for, or participation in procedures not required.
  • 65-447 Same; medical care facility refusal to permit; establishment of criteria and procedures authorized.
  • 65-448 Qualified persons at medical care facilities, child advocacy centers or other facilities to examine victims of sexual offenses, when; remedy for refusal; costs, storage and testing of sexual assault kits.
  • 65-449 Reserved.
  • 65-450 Hospital defined.
  • 65-451 Construction or modification of certain hospitals prohibited until July 1, 1986.
  • 65-452 Same; exceptions.
  • 65-453 Same; emergency waiver, when; secretary of health and environment.
  • 65-454 Same; action to enjoin violation.
  • 65-455 through 65-460 Reserved.
  • 65-461 through 65-467 Repealed.
  • 65-468 Rural health networks; definitions; temporary suspension of limitations related to the COVID-19 public health emergency.
  • 65-469 Same; state policy to encourage rural health networks.
  • 65-470 Same; participation in or affiliation with a rural health network; contracts.
  • 65-471 Same; agreements for services; employment of health care providers and other persons; compensation for services performed by health care provider.
  • 65-472 Same; forming a rural health network and contracting for services not subject to antitrust laws.
  • 65-473 Same; rules and regulations; minimum standards for rural health networks.
  • 65-474 Same; insurance and other coverage to provide benefits for services performed by a critical access hospital.
  • 65-475 through 65-480 Reserved.

  • RURAL EMERGENCY HOSPITAL ACT

    65-481 Rural emergency hospital act; citation of act.
  • 65-482 Same; purpose of act.
  • 65-483 Same; definitions.
  • 65-484 Same; eligibility for rural emergency hospital licensure; application; prohibition of inpatient beds.
  • 65-485 Same; authorization to contract for federal reimbursement.
  • 65-486 Rural emergency hospital activities considered pursuant to clearly expressed state policy; exemption from antitrust laws.
  • 65-487 Same; rules and regulations.
  • 65-488 Same; insurance coverage parity for services performance by a rural emergency hospital.
  • 65-489, 65-490 Reserved.
  • 65-491 Rural hospital innovation grant program; establishment; eligibility; use of grant proceeds; funding; administration by secretary of health and environment; expiration of program.
• Article 4a.—ABORTION FACILITY LICENSURE
  • 65-4a01 Definitions.
  • 65-4a02 Licensure, facilities performing abortions; posting; fee.
  • 65-4a03 License; annual renewal.
  • 65-4a04 Facility name change; ownership change; notice.
  • 65-4a05 Inspections; frequency; confidentiality of certain records.
  • 65-4a06 Licensure; denial, suspension or revocation; procedures license violation classes; penalties; fines.
  • 65-4a07 Late term abortions; performed in hospital or ambulatory surgical center only; exception.
  • 65-4a08 Operating without a valid license; criminal penalties.
  • 65-4a09 Rules and regulations; secretary of health and environment.
  • 65-4a10 Performance of abortions; only physicians; RU-486 or any drug induced abortion requirements; violations.
  • 65-4a11 Act does not create right to abortion.
  • 65-4a12 Severability clause.
• Article 5.—MATERNITY CENTERS AND CHILD CARE FACILITIES
  • Cross References to Related Sections:

    Armories leased for use as pre-schools licensed under this article, see 48-324.

    Attorney General's Opinions:

    Legality of private adoption agencies. 86-73.

  • 65-501 License or temporary permit required; exemptions.
  • 65-502 Repealed.
  • 65-503 Definitions.
  • 65-504 Licenses; contents; limitations; posting; inspections; temporary permits; access to premises; temporary licenses; denial or revocation of license; procedure.
  • 65-504a Repealed.
  • 65-505 License fees; maternity centers and child care licensing fee fund.
  • 65-506 Notice of issuance, limitation, modification, suspension or revocation of license; notice to parents or guardians of enrollees of limitation, modification, suspension, revocation or denial; unlicensed placements prohibited.
  • 65-507 Records of maternity centers and child care facilities; confidentiality.
  • 65-508 Equipment, supplies, accommodations; competent supervision and care of children; safe sleep practices; rules and regulations; immunizations.
  • 65-509 Repealed.
  • 65-510 Unlawful for child care facility to care for adults; exceptions.
  • 65-511 Repealed.
  • 65-512 Inspections.
  • 65-513 Changes or alterations required to comply with law; notice; duty of licensee.
  • 65-514 Violations of article 5 of chapter 65; penalties; notice and hearing.
  • 65-515 Prosecutions.
  • 65-516 Restrictions on persons maintaining or residing, working or volunteering at child care facility; exceptions; criminal history check by secretary of health and environment; information to be provided sponsoring child placement agency; child care criminal background and fingerprinting fund.
  • 65-516a Repealed.
  • 65-516b Repealed.
  • 65-517, 65-518 Repealed.
  • 65-519 Repealed.
  • 65-520 Repealed.
  • 65-521 Repealed.
  • 65-522 Repealed.
  • 65-523 Grounds for limitation, modification or suspension of license or temporary permit.
  • 65-524 Suspension, limitation or modification of license or temporary permit prior to hearing; procedure.
  • 65-525 Disclosure of certain information prohibited, exceptions; consent to disseminate certain information required.
  • 65-526 Civil fine assessed against licensee; limitations.
  • 65-527 Drop-in programs and school-age programs in schools and public recreation centers; licensing of.
  • 65-528 Child care policy of state; desired outcome.
  • 65-529 Continuation of effect of license, registration or permit.
  • 65-530 Smoking prohibited in day care homes.
  • 65-530a Repealed.
  • 65-531 Immunization information and records; disclosure.
  • 65-532 Lexie's law.
  • 65-533 Expired.
  • 65-534 Online information dissemination system; rules and regulations.
  • 65-535 Staff secure facility; requirements; services; rules and regulations.
  • 65-536 Juvenile crisis intervention centers; requirements; premises; admission; treatment plans; rules and regulations; annual report; definitions. [See Revisor's Note]
  • 65-536a Juvenile crisis intervention centers; requirements; premises; admission; treatment plans; rules and regulations; annual report; definitions. [See Revisor's Note]
• Article 5a.—CHILDREN WITH SPECIAL HEALTH CARE NEEDS
  • Revisor's Note:

    The crippled children's commission was abolished by 1977 Executive Reorganization Order No. 15, which was issued by the governor on February 8, 1977, and its powers, duties and functions were transferred to the secretary of health and environment. See 75-5637 et seq.

  • 65-5a01 Definitions.
  • 65-5a02 Repealed.
  • 65-5a03 Repealed.
  • 65-5a04 Repealed.
  • 65-5a05 Fees of hospitals, health facilities, physicians and other specialists; approval.
  • 65-5a06 Repealed.
  • 65-5a07 Repealed.
  • 65-5a08 Secretary of health and environment; powers and duties.
  • 65-5a09 Applications to furnish services, equipment, supplies; approval or disapproval; revocation of approval; procedure; hearing.
  • 65-5a10 Diagnostic clinics; supervision; acceptance for diagnosis; rules and regulations.
  • 65-5a11 Cooperation with other state agencies; recommendations to legislature.
  • 65-5a12 Application for care, treatment or assistance; financial eligibility; determinations; uniform standards; repayment.
  • 65-5a13 Findings of secretary of health and environment; record; certification of eligibility; agreements on payment of cost; review of agreement.
  • 65-5a14 Rules and regulations for system of priorities for children; consultation with representatives of medical society.
  • 65-5a15 Payment of claims, when.
  • 65-5a16 Act not to affect certain rights and responsibilities.
• Article 6.—FOOD, DRUGS AND COSMETICS
  • 65-601 Repealed.
  • 65-602 Repealed.
  • 65-603 Repealed.
  • 65-604, 65-605 Repealed.
  • 65-606 Repealed.
  • 65-607 Repealed.
  • 65-608 Repealed.
  • 65-609 through 65-611 Repealed.
  • 65-612 Repealed.
  • 65-613 Repealed.
  • 65-614 Repealed.
  • 65-615 Repealed.
  • 65-616 Repealed.
  • 65-617 Repealed.
  • 65-618 Repealed.
  • 65-619 Repealed.
  • 65-620 Repealed.
  • 65-621 Repealed.
  • 65-622 Repealed.
  • 65-623 Repealed.
  • 65-624 Repealed.
  • 65-625 Repealed.
  • 65-626 Repealed.
  • 65-627 through 65-630 Repealed.
  • 65-630a through 65-630h Repealed.
  • 65-631 Repealed.
  • 65-632 Repealed.
  • 65-633 Repealed.
  • 65-634 Repealed.
  • 65-635 Repealed.

  • FOOD, DRUG AND COSMETIC ACT

    65-636 Exhibition of title "drugstore," "pharmacy" or "apothecary."
  • 65-637 Repealed.
  • 65-638 Repealed.
  • 65-639 Repealed.
  • 65-640 Repealed.
  • 65-641 Repealed.
  • 65-642 Repealed.
  • 65-642a Repealed.
  • 65-643 Caustic or corrosive substances; definition of terms.
  • 65-644 Same; misbranding.
  • 65-645 Same; condemnation and disposition.
  • 65-646 Same; enforcement of act.
  • 65-647 Same; penalty.
  • 65-648 Same; prosecutions.
  • 65-649 Same; sale of household products.
  • 65-650 Medicines, drugs and poisons sold through vending machines, requirements; penalties for violations.
  • 65-651 Repealed.
  • 65-652 Repealed.
  • 65-653 Repealed.
  • 65-654 Repealed.
  • 65-655 Food, drug and cosmetic act; title.
  • 65-656 Same; definitions.
  • 65-657 Same; unlawful acts.
  • 65-658 Same; injunction to restrain violation of K.S.A. 65-657.
  • 65-659 Repealed.
  • 65-660 Same; adulterated or misbranded food, drug, device or cosmetic; detaining or embargoing; condemnation proceedings; consolidation, when; samples and analyses of seized articles; destruction of certain perishable food.
  • 65-661 Repealed.
  • 65-662 Same; minor violations; notice or warning.
  • 65-663 Same; regulations prescribing definitions and standards of identity for food.
  • 65-664 Same; food deemed adulterated, when.
  • 65-665 Same; food deemed misbranded, when.
  • 65-666 Repealed.
  • 65-667 Repealed.
  • 65-668 Same; drugs or devices deemed adulterated, when.
  • 65-669 Same; drugs or devices deemed misbranded, when.
  • 65-669a New drugs; selling, offering or giving away, restrictions; investigational uses.
  • 65-670 Same; cosmetic deemed adulterated, when.
  • 65-671 Same; cosmetic deemed misbranded, when.
  • 65-672 Same; advertisements of food, drugs, devices or cosmetics deemed false, when.
  • 65-673 Repealed.
  • 65-674 Same; free access to establishments and vehicles for inspections and samples.
  • 65-675 Same; reports and dissemination of information.
  • 65-676 Repealed.
  • 65-677 Repealed.
  • 65-678 Same; cooperation with federal food and drug administration.
  • 65-679 Same; act not to limit authority established under certain other acts.
  • 65-679a Dimethyl sulfoxide; labeling and information requirements if sold other than by prescription.
  • 65-680 Same; invalidity of part.
  • 65-681 Repealed.
  • 65-682 Same; penalty.
  • 65-683 Repealed.
  • 65-684 Repealed.
  • 65-685 Same; enforcement of criminal provisions.
  • 65-686 Repealed.
  • 65-687 Limitation on liability of donor for donated food.
  • 65-688 Retail food establishments and food processing plants; inspection fees; rules and regulations.
  • 65-688a Repealed.
  • 65-689 Same; license requirements, fees, inspections, denial, hearing, display; exceptions.
  • 65-690 Same; temporary suspension of license.
  • 65-691 Food establishments and food processing plants; licensure.
  • 65-692 Same; inspection by municipality, fire marshal.
  • 65-693 Food establishments, dogs permitted inside or outside; conditions required to permit.
• Article 6a.—MEAT AND POULTRY
  • Law Review and Bar Journal References:

    "Written Testimony of Richard E. Levy Before the House Agriculture Committee, State of Kansas," Richard E. Levy, 42 K.L.R. 265, 266 (1994).

  • GENERAL PROVISIONS

    65-6a01, 65-6a02 Repealed.
  • 65-6a03 Repealed.
  • 65-6a04 through 65-6a11 Repealed.
  • 65-6a12 through 65-6a17 Repealed.

  • INSPECTION

    65-6a18 Definitions.
  • 65-6a19 Cooperation with U.S. department of agriculture.
  • 65-6a20 Inspection of livestock, rabbits and poultry before slaughter; separate slaughter for diseased; inspection of carcasses.
  • 65-6a21 Post-mortem inspection of carcasses capable of use as human food; marking or labeling; destruction of adulterated carcasses for food purposes; removal of inspectors for failure to destroy.
  • 65-6a22 Inspection of carcasses prior to entry into department for processing; inspection of meat and poultry food products returned to slaughtering or processing establishment; limitation of entry of carcasses and products.
  • 65-6a23 Inspection of meat and poultry food products; inspectors' ingress and egress; marking or labeling of products; destruction of adulterated products; removal of inspectors.
  • 65-6a24 Packaged meat and poultry products; labeling and container standards; violations, procedure; hearing; judicial review.
  • 65-6a25 Sanitary conditions of establishments; sanitation rules and regulations; adulterated meat, poultry or products.
  • 65-6a26 Inspection during both day and nighttime operation; inspection fee schedule; overtime payment.
  • 65-6a27 Violations of act.
  • 65-6a28 Acts involving official marks, labels and certificates or simulation thereof prohibited.
  • 65-6a29 Horses, mules and rabbits; labeling of carcass or products; preparation in separate establishment.
  • 65-6a30 Meat and poultry inspection program established; personnel; inspection duties; rules and regulations.
  • 65-6a31 Exceptions to inspection requirements; custom slaughtering.
  • 65-6a32 Storage and handling of meat, poultry and food products; rules and regulations.
  • 65-6a33 Slaughter and preparation of meat and products not for human food, not inspected; identification.
  • 65-6a34 Engaging in business; registration required; annual fee; reinstatement fee.
  • 65-6a34a Denial or suspension of registration; hearing; appeal.
  • 65-6a35 Cooperation with U.S. secretary of agriculture; appointment to advisory committees.
  • 65-6a36 Refusal to provide or withdraw inspection services for applicant or recipient convicted of certain offenses; hearing.
  • 65-6a37 Adulterated or misbranded meat or products; procedure.
  • 65-6a38 Act not affecting trade of locker plant located near border of state.
  • 65-6a39 Jurisdiction to enforce act vested in district court.
  • 65-6a40 Penalties.
  • 65-6a41 Records; maintenance and access to records; refusal to furnish certain information and documents to secretary unlawful.
  • 65-6a42 Repealed.
  • 65-6a43 Severability of act.
  • 65-6a44 Adoption of regulations.
  • 65-6a44a Secretary to establish standards of identity for water added pork products.
  • 65-6a45 Meat and poultry inspection; disposition of moneys received; meat and poultry inspection fee fund.
  • 65-6a46 Title of act.

  • LABELING

    65-6a47 Imported meat, poultry or dairy products; labeling; definitions.
  • 65-6a48 Same; enforcement of act.
  • 65-6a49 Same; injunctions.
  • 65-6a50 Same; prosecution for violation of act.
  • 65-6a51 Same; rules and regulations.
  • 65-6a52 Penalty.
  • 65-6a53 Imported catfish; labeling.
  • 65-6a54 Same; rules and regulations.
  • 65-6a55 Same; violation of act; penalty.
  • 65-6a56 Violations of meat and poultry inspection act; civil penalties; disposition of moneys.

  • STANDARD OF CARE IN PRODUCTION OF LIVESTOCK

    65-6a57 Actions arising out of consumption of a meat product; liability of producer where livestock inspected under Kansas law.
  • 65-6a58 Same; liability of producer where livestock inspected under federal law.
  • 65-6a59 Voluntary inspection of animals.
  • 65-6a60 Supervision of operations; slaughtering operations; processing operations; work schedules.
• Article 6b.—AMYGDALIN (LAETRILE)
  • Cross References to Related Sections:

    Food, drug and cosmetic act, see 65-655 et seq.

    Pharmacy act, see chapter 65, article 16.

    Law Review and Bar Journal References:

    "Laetrile: May the State Intervene on Behalf of a Minor," Marilyn V. Ainsworth and Terry Well, 30 K.L.R. 409, 410, 424 (1982).

  • 65-6b01 Amygdalin (laetrile); definitions.
  • 65-6b02 Same; use in treatment by physician, limitations on interference with.
  • 65-6b03 Same; when prescribed or administered.
  • 65-6b04 Same; act not endorsement; certain treatment by physician not prohibited.
  • 65-6b05 Same; written informed request.
  • 65-6b06 Amygdalin (laetrile); registration to manufacture; duties of secretary of health and environment; fees.
  • 65-6b07 Same; permit to distribute at wholesale; duties of secretary of health and environment; fees; hearing.
  • 65-6b08 Same; penalty for violations of act.
  • 65-6b09 Same; permit to sell, offer for sale or distribute to public; duties of secretary of health and environment; fees; hearing.
  • 65-6b10 Same; amygdalin (laetrile) enforcement fee fund.
  • 65-6b11 Same; records required.
  • 65-6b12 Same; act not applicable to certain persons.
• Article 7.—MILK AND DAIRY PRODUCTS
  • Cross References to Related Sections:

    Unfair trade practices act, see chapter 50, article 5.

    State dairy commissioner, see chapter 75, article 14.

  • 65-701 Repealed.
  • 65-702 Repealed.
  • 65-703 Repealed.
  • 65-704 Repealed.
  • 65-705 Repealed.
  • 65-706 Repealed.
  • 65-707 Repealed.
  • 65-708 Repealed.
  • 65-708a Repealed.
  • 65-709 Repealed.
  • 65-710 Repealed.
  • 65-711 Repealed.
  • 65-712 through 65-714 Repealed.
  • 65-715 Repealed.
  • 65-716 Repealed.
  • 65-717 Repealed.
  • 65-718 Repealed.
  • 65-719 Repealed.
  • 65-720 Repealed.
  • 65-720a Repealed.
  • 65-720b Repealed.
  • 65-720c Repealed.
  • 65-720d Repealed.
  • 65-720e Repealed.
  • 65-720f, 65-720g Repealed.
  • 65-720h through 65-720r Repealed.
  • 65-721 Repealed.
  • 65-722 through 65-724 Repealed.
  • 65-725 through 65-732 Repealed.
  • 65-733, 65-734 Repealed.
  • 65-735, 65-736 Repealed.
  • 65-737 Repealed.
  • 65-737a Repealed.
  • 65-737b Repealed.
  • 65-737c Repealed.
  • 65-738 Repealed.
  • 65-738a Repealed.
  • 65-739 Repealed.
  • 65-740 Repealed.
  • 65-741 Repealed.
  • 65-742 Repealed.
  • 65-743 Repealed.
  • 65-744 Repealed.
  • 65-745 Repealed.
  • 65-746 Repealed.
  • 65-747 Repealed.
  • 65-748 Repealed.
  • 65-749 Repealed.
  • 65-750 Repealed.
  • 65-751 through 65-753 Repealed.
  • 65-761 through 65-766 Repealed.
  • 65-767 Repealed.
  • 65-768, 65-769 Repealed.
  • 65-770 Repealed.
  • 65-771 Milk, milk products and dairy products; definitions.
  • 65-771a Milk standards; content requirements.
  • 65-772 Secretary to adopt rules and regulations.
  • 65-773 Inspection and testing of milk products.
  • 65-774 Powers of secretary.
  • 65-775 Adoption of rules and regulations.
  • 65-776 Political subdivisions of state prohibited from performing further inspection or assessment of fees.
  • 65-777 Secretary may perform tests and assess fees therefor.
  • 65-778 License requirement for certain persons engaged in milk, cream or dairy business; fees.
  • 65-779 Permit to sell grade A pasteurized milk or milk products.
  • 65-780 Loss of license; conditions therefor.
  • 65-780a Temporary suspension of license; reinstatement.
  • 65-781 Fees for inspection and regulatory services; payment of fees, when due; delinquent fees; change in fees by secretary, limitations.
  • 65-782 Fees deposited in state treasury; dairy fee fund established.
  • 65-783 Cleanliness of dairy equipment; use of approved water source.
  • 65-784 On-farm production of butter and sales thereof not subject to act.
  • 65-785 Secretary may issue stop sale or stop use order.
  • 65-786 Issuance of emergency cease and desist orders by secretary; notice and hearing; declaration of imminent health hazard.
  • 65-787 Court may issue temporary restraining order.
  • 65-788 Issuance of civil penalties for violations of act; written orders; notice and hearing; appeals; remittance of penalties.
  • 65-789 Unlawful acts.
  • 65-790 Penalties for violation of act.
  • 65-791 Severability of act.
  • 65-792 On-farm retail sale of milk; label and advertising requirements; penalties for violations.
• Article 8.—BEDDING, MANUFACTURE AND SALE (Not in active use)
  • 65-801, 65-802 Repealed.
  • 65-803 Repealed.
  • 65-804 Repealed.
  • 65-805 Repealed.
  • 65-806 through 65-809 Repealed.
• Article 9.—USE OF DEAD BODIES BY MEDICAL SCHOOL
  • Cross References to Related Sections:

    Use by schools for teaching embalming, see 65-1706.

    Uniform anatomical gift act, see chapter 65, article 32.

    Order of priority of persons authorized to order disposition of decedents' remains, see 65-1734.

  • 65-901 Certain unclaimed dead bodies; use for medical, surgical and anatomical science.
  • 65-902 Repealed.
  • 65-902a Delivery of unclaimed bodies to medical school; notice; expenses; receipts; records.
  • 65-902b Burial at expense of person failing to notify or deliver; recovery.
  • 65-903 Use of bodies; burial.
  • 65-904 When bodies not to be delivered to medical school; burial by relatives or friends; unclaimed body of deceased inmate.
  • 65-905 Penalty for violations.
• Article 10.—EXAMINATION AND REGISTRATION OF DOCTORS OF MEDICINE OR SURGERY (Not in active use)
  • Revisor's Note:

    Later act, see chapter 65, article 28.

  • 65-1001 Repealed.
  • 65-1002 Repealed.
  • 65-1003 Repealed.
  • 65-1004 Repealed.
  • 65-1004a Repealed.
  • 65-1005 Repealed.
  • 65-1006 Repealed.
  • 65-1007 Repealed.
  • 65-1008 Repealed.
  • 65-1009 Repealed.
  • 65-1010 Repealed.
  • 65-1011 Repealed.
• Article 11.—REGULATION OF NURSING
  • Cross References to Related Sections:

    Board of nursing, see 74-1106.

    Nursing student scholarship program, see 74-3291 et seq.

    Standard of conduct of licensed health care professional related to assisting suicide, see 60-4403.

    Law Review and Bar Journal References:

    "Interference with Economic Relations of Attorneys," Martin E. Conrey and Lawrence M. Gurney, 23 W.L.J. 528, 529 (1984).

  • 65-1101 Repealed.
  • 65-1102 Repealed.
  • 65-1103 Repealed.
  • 65-1104 Repealed.
  • 65-1105 through 65-1110 Repealed.
  • 65-1111 Repealed.
  • 65-1112 Repealed.

  • NURSES

    65-1113 Definitions.
  • 65-1114 Unlawful acts.
  • 65-1115 Licensure of professional nurses; qualifications of applicants; examination; refresher course; renewal license; title and abbreviation; temporary permit; exempt license.
  • 65-1116 Licensure of practical nurses; qualifications of applicants; examination; refresher course; renewal license; title and abbreviation; temporary permit; exempt license.
  • 65-1117 Renewal of license; inactive license, fee; continuing education requirements; rules and regulations; notification of change in name or address or criminal conviction; multi-state license.
  • 65-1118 Fees.
  • 65-1118a Fees; consultants' travel expenses.
  • 65-1119 Schools of nursing; approval; approval of providers of continuing education offerings; application fee; criteria for evaluating out-of-state schools; nationally accredited schools of nursing.
  • 65-1120 Grounds for disciplinary actions; proceedings; witnesses; costs; professional incompetency defined; criminal justice record information.
  • 65-1120a Reinstatement of revoked licenses; burden of proof; board of nursing report to legislature.
  • 65-1121 Repealed.
  • 65-1121a Judicial review of board's actions.
  • 65-1122 Misdemeanors; penalties.
  • 65-1123 Injunctions.
  • 65-1124 Acts which are not prohibited.
  • 65-1125 Repealed.
  • 65-1126 Invalidity of part.
  • 65-1127 Reporting of malpractice incidents and other information; immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
  • 65-1128 Repealed.
  • 65-1129 Rules and regulations.
  • 65-1130 Advanced practice registered nurse; standards and requirements for licensure; rules and regulations; roles, titles and abbreviations; prescription of drugs authorized; licensure of currently registered individuals; malpractice insurance coverage required, exceptions.
  • 65-1131 Advanced practice registered nurse; licensure; fees; license with temporary permit; exempt license; inactive license.
  • 65-1132 Renewal of license for advanced practice registered nurse; reinstatement of lapsed license.
  • 65-1133 Same; educational and training programs for advanced practice registered nurses; approval; survey; nationally accredited programs.
  • 65-1134 Citation of Kansas nurse practice act.
  • 65-1135 Complaint or information relating to complaint confidential; exceptions.
  • 65-1136 Intravenous fluid therapy; qualifications of licensed practical nurses to administer; definitions; rules and regulations; advisory committee established; prohibitions; exceptions.
  • 65-1137 through 65-1150 Reserved.

  • REGISTERED NURSE ANESTHETISTS

    65-1151 Definitions.
  • 65-1152 Qualifications for authorization to practice as a registered nurse anesthetist; approval of schools of nurse anesthesia, criteria.
  • 65-1153 Temporary authorization to practice.
  • 65-1154 Application; fees; deposit of moneys.
  • 65-1155 Expiration of authorizations to practice; renewal; lapsed authorization; reinstatement fee.
  • 65-1156, 65-1157 Repealed.
  • 65-1158 Duties of registered nurse anesthetists.
  • 65-1159 Qualifications of applicant for renewal of an authorization to practice; continuing education.
  • 65-1160 Repealed.
  • 65-1161 Repealed.
  • 65-1162 Unlawful acts.
  • 65-1163 Application of act.
  • 65-1164 Rules and regulations.
  • 65-1165 Supervision of delegated nursing procedures.
  • 65-1166 Nurse licensure compact.
• Article 12.—EXAMINATION AND REGISTRATION OF OSTEOPATHIC PHYSICIANS (Not in active use)
  • Revisor's Note:

    Later act, see chapter 65, article 28.

  • 65-1201 Repealed.
  • 65-1202 Repealed.
  • 65-1203 Repealed.
  • 65-1204 through 65-1206 Repealed.
  • 65-1207 Repealed.
  • 65-1208 Repealed.
• Article 13.—EXAMINATION AND REGISTRATION OF CHIROPRACTORS (Not in active use)
  • Revisor's Note:

    Later act, see chapter 65, article 28.

  • 65-1301 Repealed.
  • 65-1302 Repealed.
  • 65-1303 Repealed.
  • 65-1304 Repealed.
  • 65-1305 Repealed.
  • 65-1306 Repealed.
  • 65-1307 Repealed.
  • 65-1308 Repealed.
  • 65-1309 Repealed.
  • 65-1310 Repealed.
  • 65-1311 Repealed.
• Article 14.—REGULATION OF DENTISTS AND DENTAL HYGIENISTS
  • Cross References to Related Sections:

    State dental board, see chapter 74, article 14.

    Attorney General's Opinions:

    Dentally indigent person; entities authorized to employ or contract with licensees under dental practices act for services for such persons. 97-84.

  • 65-1401 Repealed.
  • 65-1402 Repealed.
  • 65-1403 Repealed.
  • 65-1404 Repealed.
  • 65-1404a Repealed.
  • 65-1404b Repealed.
  • 65-1405 Repealed.
  • 65-1406 Repealed.
  • 65-1406a Repealed.
  • 65-1407 Repealed.
  • 65-1408 Repealed.
  • 65-1409 Repealed.
  • 65-1410 Repealed.
  • 65-1411, 65-1412 Repealed.
  • 65-1413 Repealed.
  • 65-1414 Repealed.
  • 65-1415 Repealed.
  • 65-1416 Repealed.
  • 65-1417 Repealed.
  • 65-1418 Repealed.
  • 65-1419 Repealed.
  • 65-1420 Repealed.
  • 65-1421 License required to practice dentistry or dental hygiene.
  • 65-1422 Persons deemed to be practicing dentistry.
  • 65-1423 Act inapplicable to certain practices, acts and operations; definitions.
  • 65-1424 Definitions; arrangement with unlicensed proprietor; limitation, suspension or revocation of license; selling or closing dental practice of deceased or substantially disabled dentist; rules and regulations.
  • 65-1425 Corporations not to practice dentistry; exception; employee to display name.
  • 65-1426 Application for license; temporary license; qualifications of applicants; approval of dental schools or colleges.
  • 65-1427 Specialists; standards and qualifications; certificate fee; limiting practice; misdemeanor; suspension or revocation of license.
  • 65-1428 Examination of applicants; examination subjects and results; licenses.
  • 65-1429 Subsequent examination upon failure to pass; fee.
  • 65-1430 Display of name and license.
  • 65-1431 Renewal of license; application; continuing education; biennial license renewal fee; cancellation; penalty fee; waiver for retired or disabled persons; examination for persons returning to active practice after retirement or disability.
  • 65-1431a Reinstatement of a revoked license; application form; burden of proof; conditions and restrictions; proceedings; stay of order of revocation of license.
  • 65-1432 Change of practice location address.
  • 65-1433 Duplicate license; fee.
  • 65-1434 Licenses issued without examination; qualifications of applicants; appearance before board; "applicant" defined.
  • 65-1435 Improper use of certain names by dentists; exceptions; unlawful acts; suspension or revocation of license; limitation on multiple office ownership.
  • 65-1436 Grounds for refusal to issue license or for action against license of dentist or dental hygienist; disciplinary action by board; notice and hearing; professionally incompetent defined; physical or mental examination.
  • 65-1436a Repealed.
  • 65-1437 Advertising; prohibitions; rules and regulations; "licensee" defined.
  • 65-1438 Using services of unlicensed person; written prescription; misdemeanors; suspension or revocation of license.
  • 65-1439 Unlawful advertising or use of dental services and appliances; misdemeanor; revocation of license.
  • 65-1440 Repealed.
  • 65-1441 Sale, offer to sell, procurement or alteration of diploma or license; misdemeanor; fraud or cheating.
  • 65-1442 Board to assist prosecuting officers.
  • 65-1443 Repealed.
  • 65-1444 Drugs; surgery; anaesthetics; appliances; qualifications for administering intravenous sedation and general anaesthetics; sedation permits; rules and regulations; assistant administering and monitoring nitrous oxide or oxygen, requirements; denial, revocation, suspension or limitation of sedation permit.
  • 65-1445 Druggists may fill prescriptions.
  • 65-1446 Title and letters.
  • 65-1447 Fees; fixed by board, guidelines and limitations.
  • 65-1448 Wartime fee remittance rules.
  • 65-1449 Revocation or suspension of license, statement of charges; emergency adjudication; temporary suspension or limitation.
  • 65-1450 Repealed.
  • 65-1451 Injunctions.
  • 65-1452 Subpoenas and testimony.
  • 65-1453 Taking of depositions.
  • 65-1454 Witnesses; incriminating testimony compelled; exempt from prosecution.
  • 65-1455 Licensing of dental hygienists; examination, fee; license fee; temporary license; qualifications; display of license; approval of schools of dental hygiene, criteria; unlawful practice of dental hygiene, penalties.
  • 65-1456 Dental hygienists; suspension or revocation of licenses, when; notice and hearing; practice of dental hygiene defined; rules and regulations; supervision defined; where performance of practice authorized, issuance of permits therefor; authorized activities, requirements; "dentally underserved" defined.
  • 65-1456a Retired, disabled and inactive dental hygienists; qualifications for extended care permit.
  • 65-1457 Licensure required to practice dental hygiene.
  • 65-1458 Dentists and dental hygienists; revocation or suspension of licenses; hearing; review.
  • 65-1459 Dental interns; rules and regulations; revocation of permits.
  • 65-1460 Penalties for violations.
  • 65-1461 Invalidity of part.
  • 65-1462 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
  • 65-1463 Repealed.
  • 65-1464 Citation of dental practices act.
  • 65-1465 Denture or dental prosthesis to be marked with name or social security number, or both, of patient.
  • 65-1466 Dental services for dentally indigent persons; entities authorized to employ or contract with persons licensed under dental practices act for such services; reports by federally qualified health centers and clinics employing a national health service corps dentist; requirements for retired dentists providing such dental services.
  • 65-1467 Dental board complaints and related information confidential, limited disclosure authorized.
  • 65-1468 Professional liability insurance required to practice dentistry.
  • 65-1469 Mobile dental facility or portable dental operation; registration; application of section.
  • 65-1470 Dental office administrative service agreements; registration requirements.
  • 65-1471 Dental services agreements; limitations.
  • 65-1472 Special volunteer dental license established; requirements.
• Article 15.—REGULATION OF OPTOMETRISTS
  • Cross References to Related Sections:

    Board of examiners in optometry, see chapter 74, article 15.

    Law Review and Bar Journal References:

    Right to review decisions of board hereunder provided by K.S.A. 60-2101, Kenton C. Granger, 14 K.L.R. 149 (1965).

    Judicial review of administrative decisions, Kenton C. Granger, 33 J.B.A.K. 291, 337 (1964).

    "Interference with Economic Relations of Attorneys," Martin E. Conrey and Lawrence M. Gurney, 23 W.L.J. 528, 529 (1984).

  • 65-1501 Practice of optometry defined; exclusions; standard of care in diagnosis and treatment of glaucoma; low vision rehabilitation services.
  • 65-1501a Definitions.
  • 65-1502 Who deemed practitioners.
  • 65-1503 Repealed.
  • 65-1504 Repealed.
  • 65-1504a Repealed.
  • 65-1504b Unlawful to dispense opthalmic lens or lenses without prescription order.
  • 65-1505 Qualifications of practitioners; examinations; professional liability insurance; fees; reciprocal licensure; rules and regulations criteria for approval of schools or colleges; criminal history record check; criminal history and fingerprinting fund created.
  • 65-1506 Repealed.
  • 65-1507 Repealed.
  • 65-1508 Act not to prevent persons licensed to practice medicine from performing certain acts or services; authorizing the delegation of certain examination procedures to assistants; limitations and prohibitions upon examination procedures performed by assistants.
  • 65-1509 Notification of location of practice; biennial license renewal, fee; inactive status license; expiration of license, notice; cancellation of license; reinstatement, fee.
  • 65-1509a Continuing education requirements.
  • 65-1510 Repealed.
  • 65-1511 Partial invalidity of act.
  • 65-1512 Title of act.
  • 65-1513 Violation of act.
  • 65-1514 Act supplemental.
  • 65-1515 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
  • 65-1516 Professional incompetence; unprofessional conduct; defined.
  • 65-1517 Revocation, suspension or limitation of license; censure; grounds.
  • 65-1518 Administrative proceedings; procedure; review; civil enforcement; costs.
  • 65-1519 Federal trade regulations; defense of certain acts.
  • 65-1520 Mental or physical examination of licensee; computation of time limit for hearing.
  • 65-1521 Reinstatement of license after revocation.
  • 65-1522 Professional corporations, limited liability company, associations, sole practitioners; practice locations, franchise agreements.
  • 65-1523 Injunctive relief for violations of act, rules and regulations.
  • 65-1524 Practice of optometry by corporation or limited liability company prohibited, exceptions.
  • 65-1525 Confidentiality of communications.
  • 65-1526 Civil fine.
• Article 16.—REGULATION OF PHARMACISTS
  • Cross References to Related Sections:

    Board of pharmacy, see chapter 74, article 16.

    Use of title "drugstore," "pharmacy," and "apothecary," see 65-636, 65-637.

    Handling caustic and corrosive substances, see 65-643 et seq.

    Annual and biennial reports of board, see 75-3044 through 75-3046; 75-3048.

    Interprofessional advisory committee, see 74-1505.

    Standard of conduct of licensed health care professional related to assisting suicide, see 60-4403.

    Law Review and Bar Journal References:

    "Interference with Economic Relations of Attorneys," Martin E. Conrey and Lawrence M. Gurney, 23 W.L.J. 528, 529 (1984).

    Attorney General's Opinions:

    Dispensing and administering drugs by licensed practitioner. 94-142.

  • 65-1601 Repealed.
  • 65-1602 Repealed.
  • 65-1603 Repealed.
  • 65-1604 Repealed.
  • 65-1605, 65-1606 Repealed.
  • 65-1607 Repealed.
  • 65-1608 Repealed.
  • 65-1609 Repealed.
  • 65-1610, 65-1611 Repealed.
  • 65-1612, 65-1613 Repealed.
  • 65-1614 Repealed.
  • 65-1615, 65-1616 Repealed.
  • 65-1617 Repealed.
  • 65-1618 Repealed.
  • 65-1619 Repealed.
  • 65-1620 Repealed.
  • 65-1621 through 65-1623 Repealed.
  • 65-1624 Repealed.
  • 65-1625 Title of act.
  • 65-1626 Pharmacy act; definitions.
  • 65-1626a Practice of pharmacy defined; persons engaged as pharmacists.
  • 65-1626b Repealed.
  • 65-1626c Repealed.
  • 65-1626d Repealed.
  • 65-1627 Grounds for revocation, suspension, placement in probationary status, denial, temporary suspension or temporary limitation of license for pharmacist, permit for retail dealer or registration for pharmacy, manufacturer, distributor or logistics provider; emergency proceedings, procedure.
  • 65-1627a Same; jurisdiction of board; petition, who may file; stipulation, order based thereon.
  • 65-1627b Same; direction by board to file petition or to prosecute.
  • 65-1627c Same; form of petition, rules.
  • 65-1627d Repealed.
  • 65-1627e Repealed.
  • 65-1627f Same; powers of board; term of suspension, probation or revocation; hearing; orders.
  • 65-1627g Repealed.
  • 65-1627h Costs of proceedings.
  • 65-1627i Repealed.
  • 65-1627j Subpoenas.
  • 65-1627k Certain records of board of pharmacy confidential; exceptions.
  • 65-1627l Conditions of probation or disciplinary action; compliance inspections and audits; payment of costs.
  • 65-1628 Order; judicial review.
  • 65-1628a Review bond.
  • 65-1628b Repealed.
  • 65-1629 Inspection of drugs by board; samples; analyses; publication of results.
  • 65-1630 Rules and regulations.
  • 65-1631 Licensure required of pharmacists; qualification of applicants; application for licensure by examination; reciprocal licensure; fees; applicants from schools outside the United States.
  • 65-1632 Renewal of license; fee; denial; conditions; continuing education; inactive status license; reinstatement after nonrenewal; penalty fee.
  • 65-1633 Change of mailing address or email address of pharmacist.
  • 65-1634 Responsibility for quality of drugs sold; adulteration or mislabeling unlawful.
  • 65-1635 Dispensing and administering of drugs by duly licensed practitioners, nurses and other persons; in-person encounter not required.
  • 65-1635a Administration of vaccines by certain pharmacy professionals; education and reporting requirements; exceptions; delegation of authority prohibited; "pharmacist" defined.
  • 65-1636 Sale of drugs limited to pharmacies; violations; exceptions.
  • 65-1637 Prescription orders; requirements; compounding, filling and refilling of prescriptions; refusal to fill; brand exchange; interchangeable biological products.
  • 65-1637a Institutional drug rooms; supervision and record-keeping; rules and regulations.
  • 65-1637b Repealed.
  • 65-1637c Pharmacist required to be in charge of pharmacy; filling of certain prescriptions; refusal to fill; brand exchange. [See Revisor's Note]
  • 65-1637d Automated prescription drug dispensing systems; pharmacist required to supervise; rules and regulations.
  • 65-1637e Compounding of drugs and distribution of compounded drugs; rules and regulations.
  • 65-1638 Sale of drugs and poisons by registered pharmacist.
  • 65-1639 Repealed.
  • 65-1640 Act not applicable to manufacture or to certain sales of poisons.
  • 65-1641 Display of pharmacist license; when unlawful.
  • 65-1642 Equipment of pharmacy; records of prescription orders; medication profile record system; electronic transmission of prescription drug orders; application of federal drug supply chain security act.
  • 65-1643 Registration or permit required; pharmacies, manufacturers, wholesale distributors, third-party logistics providers, automated dispensing systems, auctions, sales, distribution or dispensing of samples, retailers, institutional drug rooms, veterinary medical teaching hospital pharmacies; certain acts declared unlawful.
  • 65-1643a Repealed.
  • 65-1643b Repealed.
  • 65-1643c Repealed.
  • 65-1643d Registration as manufacturer or virtual manufacturer; information required in application; criteria for grant or denial; state board of pharmacy rules and regulations; inspections; registration of manufacturer or virtual manufacturer licensed or registered in another state.
  • 65-1644 Duplicate licenses, registrations and permits; fees.
  • 65-1645 Applications for registrations and permits; renewals; forms; establishment of fees; establishment of retail dealer classes; display of registrations and permits; expiration dates; penalty fee for renewal after lapse; proration of fees.
  • 65-1646 Violations of act or rules and regulations; penalty; revocation or suspension of registration or permit; notice and hearing.
  • 65-1647 Repeated violations of act or rules and regulations may be enjoined.
  • 65-1648 Distribution and control of prescription medications by a medical care facility pharmacy, health department, indigent health care clinic, federally qualified health center or family planning clinic; maintenance and use of emergency medication kit by adult care home; rules and regulations.
  • 65-1649 Invalidity of part.
  • 65-1650 Regulation of advertising of prescription-only drugs; exceptions and exclusions.
  • 65-1651 Sections part of and supplemental to pharmacy act.
  • 65-1651a Repealed.
  • 65-1652 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
  • 65-1653 References to registered pharmacists deemed to apply to licensed pharmacists.
  • 65-1654 Privileged communications.
  • 65-1655 Information required of applicant for registration as a wholesale distributor; factors in reviewing qualifications of applicants; denial of application if not in public interest; qualifications of personnel; inspection by the board; rules and regulations.
  • 65-1655a Information required of applicant for registration as third-party logistics provider; factors for reviewing qualifications of applicants; denial of application if not in public interest; inspection by the board; rules and regulations.
  • 65-1655b Information required of applicant for registration as outsourcing facility; factors for reviewing qualifications of applicants; denial of application if not in public interest; inspection by the board; rules and regulations.
  • 65-1656 Filling transferred prescriptions; exceptions and conditions; common electronic prescription files authorized; rules and regulations.
  • 65-1657 Nonresident pharmacy registration; information required; civil fine; regulatory requirements; drug product selection rules; interstate delivery guidelines; disciplinary action; pharmacies prohibited from advertising unless registered; penalties for violations; injunctive relief; rules and regulations.
  • 65-1658 Civil fines for violations.
  • 65-1659 Pharmacies authorized to place certain drugs with home health agencies and hospices; protocols for drug handling and storage; review and inspection; definitions.
  • 65-1660 Dialysates, devices or drugs designated by board for treatment of persons with chronic kidney failure; inapplicability of pharmacy act; rules and regulations.
  • 65-1661 Repealed.
  • 65-1662 Veterinary medical teaching hospital pharmacy; distribution and control of prescription-only drugs; pharmacist in charge.
  • 65-1663 Registration of pharmacy technicians; applications; registration fee; qualifications for registration; restrictions on tasks performed; expiration and renewal of registration; grounds for denial of application or registration; revocation, suspension or limitation of registration; change of name, address or email address; responsibilities of pharmacists, pharmacies and pharmacy technicians; rules and regulations.
  • 65-1664 Repealed.
  • 65-1665 Repealed.
  • 65-1666 Repealed.
  • 65-1667 Repealed.
  • 65-1668 Utilization of unused medications act; not applicable to certain medications.
  • 65-1669 Same; definitions.
  • 65-1670 Same; duties of the board of pharmacy; duties of qualifying center or clinic.
  • 65-1671 Same; criteria for accepting unused medications; dispensing.
  • 65-1672 Same; participation; adult care homes; powers and duties of a qualifying center or clinic.
  • 65-1673 Same; criminal and civil liability under the act.
  • 65-1674 Same; rules and regulations; duties of the board of pharmacy.
  • 65-1675 Same; duties of the secretary of health and environment; records.
  • 65-1676 Registration of pharmacist interns; applications; registration fee; qualifications for registration; expiration and renewal; revocation, suspension or limitation; change of name, address or email address; responsibilities of pharmacist and pharmacies; rules and regulations.
  • 65-1677 Collaborative drug therapy management advisory committee; purpose and membership.
  • 65-1678, 65-1679 Reserved.
  • 65-1680 Epinephrine kits in schools; rules and regulations.
  • 65-1681 Prescription monitoring program act.

  • PRESCRIPTION MONITORING PROGRAM ACT

    65-1682 Prescription monitoring program act; definitions.
  • 65-1683 Same; required information to be submitted by dispenser; rules and regulations; acceptance of gifts and grants.
  • 65-1684 Same; charges and fees prohibited.
  • 65-1685 Same; database information privileged and confidential; persons authorized to receive data; oversight thereof; advisory committee review of information.
  • 65-1685a Repealed.
  • 65-1686 Same; another agency as contractor.
  • 65-1687 Same; requirements for maintenance and storage of records.
  • 65-1688 Same; act does not create civil liability or duty.
  • 65-1689 Same; advisory committee created; members; terms.
  • 65-1690 Same; advisory committee in cooperation with other entities.
  • 65-1691 Same; board consultation with advisory committee; annual report.
  • 65-1692 Same; rules and regulations.
  • 65-1693 Same; penalties.
  • 65-1694 Same; veterinary prescription monitoring program task force; study; members; report.
  • 65-1694a Same; prescription monitoring program fund created.
  • 65-1695 Continuous quality improvement program; purpose; confidential peer review documents; rules and regulations.
  • 65-1696 State board of pharmacy; fingerprinting and criminal history.
  • 65-1697 through 65-16,100 Reserved.
  • 65-16,101 Statewide electronic logging system for sale of methamphetamine precursor act; definitions.
  • 65-16,102 Same; maintenance of program by the board of pharmacy; rules and regulations; waiver and liability.
  • 65-16,103 Same; no cost charged to pharmacies; funding of program.
  • 65-16,104 Same; confidential information; authorized access to data in the log.
  • 65-16,105 Same; another agency or private vendor as contractor; maintenance and destruction of records; educational program for pharmacies; annual report.
  • 65-16,106 Same; rules and regulations.
  • 65-16,107 Same; penalties.
  • 65-16,108 Same; short title.
  • 65-16,109 through 65-16,120 Reserved.
  • 65-16,121 Pharmacy audit integrity act.
  • 65-16,122 Same; definitions.
  • 65-16,123 Same; procedural requirements.
  • 65-16,124 Same; audit reports; recoupment and repayment of funds; access to audit information.
  • 65-16,125 Same; final report; availability.
  • 65-16,126 Same; application of the act.
  • 65-16,127 Emergency opioid antagonists; dispensing, storing and administering; duties of the state board of pharmacy and first responder agencies; rules and regulations.
  • 65-16,128 Electronic transmission of prescription orders required, when; exceptions.
  • 65-16,129 Pharmacists authorized to administer drugs, when; exceptions.
  • 65-16,130 Telepharmacy; definitions; requirements for operation; state board of pharmacy rules and regulations.
  • 65-16,131 Pharmacist-initiated therapy for certain health conditions; requirements; establishment of protocols by collaborative drug therapy management advisory committee; penalty for violation.
• Article 17.—REGULATION OF EMBALMERS AND FUNERAL DIRECTORS; FUNERAL ESTABLISHMENTS
  • Cross References to Related Sections:

    State board of mortuary arts, see chapter 74, article 17.

    Law Review and Bar Journal References:

    Judicial review of administrative decisions, Kenton C. Granger, 33 J.B.A.K. 291, 337 (1964).

    Right to review decisions of board hereunder provided by K.S.A. 60-2101, Kenton C. Granger, 14 K.L.R. 149 (1965).

  • EMBALMERS

    65-1701 License; application, issuance; registration and display.
  • 65-1701a Educational requirements; registration and examination, fees; apprenticeship.
  • 65-1701b Reciprocal licenses; fees.
  • 65-1702 Embalmer's license; biennial renewal; fees; notice; suspension and reinstatement; relicensure; rules and regulations; evidence of continuing education required for license renewal; exemption.
  • 65-1702a Temporary embalming permits for certain purposes; conditions and limitations.
  • 65-1703 Unlicensed persons; unlawful acts; student and apprentice embalmers; registration and supervision; definitions.
  • 65-1704 Officers of the law.
  • 65-1705 Penalties for violations.
  • 65-1706 Use of bodies by school for teaching embalming.
  • 65-1707 Penalty for embalming without permission of coroner, when.
  • 65-1708 Repealed.
  • 65-1709 Repealed.
  • 65-1710 Questions used for examination.
  • 65-1711 Record of licenses.
  • 65-1711a Repealed.
  • 65-1712 Rules and regulations; submission to secretary of health and environment; penalty for violations.

  • FUNERAL DIRECTORS

    65-1713 Funeral director defined; business name.
  • 65-1713a Funeral establishment defined; branch establishments; prearranged funeral agreements.
  • 65-1713b Funeral service or interment, who in charge of.
  • 65-1714 Funeral director's license; application; qualifications; examination; display of license; special permits.
  • 65-1715 Same; examination fee.
  • 65-1716 Biennial renewal fee; notice; suspension of license; reinstatement fee; relicensure; rules and regulations; evidence of continuing education required for license renewal; exemption.
  • 65-1717 Assistant funeral director's license; qualifications; fees; application; registration; suspension or revocation of license; procedure; biennial renewal; rules and regulations.
  • 65-1718 Disposition of moneys; mortuary arts fee fund.
  • 65-1719 Record of licenses.
  • 65-1720 Repealed.
  • 65-1721 Qualifications; persons from other states; examination.
  • 65-1722 Repealed.
  • 65-1723 Powers of state board of mortuary arts; fees and expenses.
  • 65-1724 Repealed.
  • 65-1725 Severability of 1935 act.
  • 65-1725a Severability of 1941 act.
  • 65-1726 Penalties for violations.
  • 65-1727 Fees; fixed by rules and regulations; notice to licensee; licensure by endorsement.
  • 65-1728 Eye enucleation; embalmers and other persons; certificate of competence; liability.

  • FUNERAL ESTABLISHMENTS

    65-1729 Funeral establishment license; branch establishment license; fees; disposition of moneys; unlawful acts.
  • 65-1730 Rules and regulations.
  • 65-1731 Failure, neglect or refusal to pay fee classified as class B misdemeanor.
  • 65-1732 Disposal of unclaimed cremated remains; veteran's unclaimed cremated remains; rules and regulations.
  • 65-1733 Repealed.
  • 65-1734 Order of priority of persons authorized to dispose of decedent's remains; immunity of funeral directors, funeral establishments and crematories.
  • 65-1735 through 65-1750 Reserved.

  • GENERAL PROVISIONS

    65-1751 Denial, suspension or revocation of license, censure of licensee or imposition of fine; grounds; procedure; definitions.
  • 65-1752 Solicitation of clients; prohibitions.
  • 65-1753 Dead human bodies; removal and delivery.
  • 65-1754 through 65-1759 Reserved.
  • 65-1760 Definitions.
  • 65-1761 Licensure of crematory; requirements of crematory and holding facility.
  • 65-1762 Supervision; crematory operator license requirement; cremation requirements; authorization form and coroner's permit.
  • 65-1763 Removal of pacemakers and hazardous implants; procedural requirements for holding of and cremation of a dead human body, prohibitions, packaging of cremated remains; simultaneous cremations.
  • 65-1764 Effect of authorizing agent's representations; liability regarding the refusal to accept a dead human body; to cremate a dead human body or the authorized cremation of a dead human body.
  • 65-1765 Failure to remove pacemaker or hazardous implants; liability for damage.
  • 65-1766 Rules and regulations; policies; licensure, revocation, suspension or denial of; penalty.
  • 65-1767 Conflicting Kansas laws; precedence of this act.
  • 65-1768 Licensure; fees; expiration of license; exemption from licensure; unlawful operation.
  • 65-1769 Crematory operator.
  • 65-1770 Cremations; conducted by whom and where.
  • 65-1771 Licensure of crematory operator; application; qualifications.
  • 65-1772 Same; renewal; reinstatement; rules and regulations.
  • 65-1773 Crematory; recycling materials; requirements.
  • 65-1774 Rules and regulations.
• Article 18.—EXAMINATION, REGISTRATION AND REGULATION OF BARBERS
  • Cross References to Related Sections:

    Board of barbering, see 74-1805a through 74-1807.

    Cosmetologists, see chapter 65, article 19.

    Attorney General's Opinions:

    Barber advertisement by cosmetologist. 89-82.

    Inspection of dual-licensed barber and beauty shops. 90-41.

  • 65-1801 Repealed.
  • 65-1802 Repealed.
  • 65-1803 Repealed.
  • 65-1804 Repealed.
  • 65-1805 Repealed.
  • 65-1806 Repealed.
  • 65-1807 Repealed.
  • 65-1808 Practice of barbering regulated by act.
  • 65-1809 Definitions.
  • 65-1810 Barber schools and colleges; approval by board; requirements; students, application, fees, license; unlawful acts.
  • 65-1811 Repealed.
  • 65-1812 Qualifications for licensure as a barber; temporary license.
  • 65-1813 Same; persons authorized to practice outside state; examination exemption, conditions; reciprocity.
  • 65-1814 Application.
  • 65-1815 Examinations for licensure; times, places, content and required grade; reexamination; applications; seminar permits.
  • 65-1816 Exemptions.
  • 65-1817 Fees; determination and collection; limitations; duplicate licenses.
  • 65-1817a Disposition of moneys; board of barbering fee fund.
  • 65-1818 Display of license.
  • 65-1819 Renewal of license; annual requirement; expiration dates; fees prorated, when; restoration of license.
  • 65-1820 Repealed.
  • 65-1820a Nonissuance, nonrenewal, suspension or revocation of license; grounds; board orders requiring remediation of violations.
  • 65-1821 Same; reinstatement.
  • 65-1822 Unlawful acts; penalties.
  • 65-1823 Repealed.
  • 65-1824 Powers of board.
  • 65-1825 Repealed.
  • 65-1825a Rules and regulations; sanitation standards.
  • 65-1826 Investigation; fees of witnesses and officers.
  • 65-1827 Entry and inspection.
  • 65-1828 Penalty for violations; enforcement of act and sanitation standards; procedure.
  • 65-1829 Repealed.
  • 65-1830 Repealed.
  • 65-1831 Confidentiality of documents, records, investigative information.
  • 65-1832 Performance of duties by board; additional compensation prohibited.
  • 65-1833 Declaration of legislative intent.
  • 65-1834 Constitutionality.
  • 65-1835 Licensing barbershops; fees; compliance with sanitary standards required.
• Article 19.—LICENSURE OF ENTITIES BY STATE BOARD OF COSMETOLOGY
  • Cross References to Related Sections:

    Board of cosmetology, see chapter 74, article 27.

    Law Review and Bar Journal References:

    Judicial review of administrative decisions, Kenton C. Granger, 33 J.B.A.K. 291, 337 (1964).

    Right to review decisions of board hereunder provided by K.S.A. 60-2101, Kenton C. Granger, 14 K.L.R. 149 (1965).

    Attorney General's Opinions:

    Inspection of dual-licensed barber and beauty shops. 90-41.

    Examination and registration of cosmetologists and beauty shops; salon or clinic license. 91-151.

  • 65-1901 Definitions.
  • 65-1902 Prohibited acts; exclusions from act; license as cosmetology technician; penalties for violations.
  • 65-1903 Schools; licensure and fees; courses of instruction; instructor's license; instructor-in-training permit.
  • 65-1904 Licenses; application and examination; reinstatement of expired license; fees; effect of service in armed forces.
  • 65-1904a Salon or clinic license; application and fee; inspection and reinspection; exemption for adult care home or long-term care unit of a medical care facility; practice in private residence; renewal; practice outside salon, clinic or private residence.
  • 65-1904b Licensure, reciprocity, conditions.
  • 65-1904c Repealed.
  • 65-1905 Examinations; qualifications of applicants; temporary permit.
  • 65-1905a Repealed.
  • 65-1906 Display of license, inspection report and sanitation standards.
  • 65-1907 Inspectors, duties and training; student requirements; dual-licensed salon and barber shops.
  • 65-1908 Revocation, censure, limitation or condition, suspension, nonrenewal or refusal of license; assessment of fines; grounds; authority of inspectors.
  • 65-1908a Repealed.
  • 65-1909 Violations; civil and criminal remedies.
  • 65-1909a Repealed.
  • 65-1910 Invalidity of part.
  • 65-1911 Repealed.
  • 65-1912 Apprentice license; practice as apprentice required prior to licensure; charge for services of apprentice.
  • 65-1913 through 65-1919 Reserved.
  • 65-1920 Tanning facility licensing; definitions.
  • 65-1921 Same; warnings.
  • 65-1922 Same; warning signs; posting; dimensions.
  • 65-1923 Same; promotional material.
  • 65-1924 Same; presence of trained operator required; protective eyewear and physical aids; timer; maximum exposure time and interior temperature.
  • 65-1925 Rules and regulations; inspections; violations; remedies.
  • 65-1926 Licensure requirement; grounds for disciplinary action; fees.
  • 65-1927 Penalties for violations.
  • 65-1928 Braiding or threading of hair; exemption of persons engaged therein from practice of cosmetology, requirements; duties of secretary of health and environment.
  • 65-1929 Tanning facility license required; remedies.
  • 65-1930 Reserved.
  • 65-1931 Minors prohibited from tanning; fines.
  • 65-1932 Citation of act.
  • 65-1933 through 65-1939 Reserved.
  • 65-1940 Licensure of tattooing and body piercing; definitions.

  • REGULATION OF TATOOING AND BODY PIERCING

    65-1941 Licensure; license required to perform certain activities; exceptions; criminal penalty; action to enjoin unauthorized activities; rules and regulations.
  • 65-1942 Same; prohibited acts; penalty.
  • 65-1943 Same; application for licensure; fees; requirements for licensure.
  • 65-1944 Same; address of place of business, licensee to notify board in writing; license to be posted; record of address of licensed facility; notices to licensee; issuance of license.
  • 65-1945 Same; expiration; renewal; continuing education.
  • 65-1946 Standards for licensure.
  • 65-1947 Same; grounds for revocation, suspension, refusal to issue or renew, censure, limitation or conditioning of licenses and assessment of fines.
  • 65-1948 Same; powers and duties of board.
  • 65-1949 Same; education and training standards prescribed for practice, rules and regulations; testing for knowledge of safety and infection control techniques; inspection of establishments.
  • 65-1950 Same; licensure; fees.
  • 65-1951 Same; moneys received by board deposited in state treasury; credited to state general fund and cosmetology fee fund.
  • 65-1952 Repealed.
  • 65-1953 Same; performance of body piercing or tattooing on persons under 18, written and notarized consent; penalties.
  • 65-1954 Same; penalties; civil fines; costs and attorney fees; disposition of proceeds.
  • 65-1955 Repealed.
  • 65-1956 Administrative proceedings; application of Kansas administrative procedure act and Kansas judicial review act; assessment of costs; final orders; disposition of moneys.
  • 65-1957 Charitable event permits; application, requirements and limitations.
  • 65-1958 Same; demonstration permit; application, requirements and limitations.
• Article 20.—REGULATION OF PODIATRISTS
  • Cross References to Related Sections:

    State podiatry board of examiners abolished and powers, duties and functions thereof transferred to the state board of healing arts, see 74-2805 et seq.

    Standard of conduct of licensed health care professional related to assisting suicide, see 60-4403.

    Law Review and Bar Journal References:

    Judicial review of administrative decisions, Kenton C. Granger, 33 J.B.A.K. 291, 337 (1964).

    Right to review decisions of board hereunder provided by K.S.A. 60-2101, Kenton C. Granger, 14 K.L.R. 149 (1965).

    "Interference with Economic Relations of Attorneys," Martin E. Conrey and Lawrence M. Gurney, 23 W.L.J. 528, 529 (1984).

    Attorney General's Opinions:

    Licensure and regulation of podiatrists; physicians defined. 94-148.

  • 65-2001 Podiatry act; definitions.
  • 65-2002 License required; scope of practice; applicability of act; surgical treatment of the ankle.
  • 65-2003 Examination for license to practice podiatry; licensure qualifications; license by endorsement; recognized school of podiatry, criteria.
  • 65-2004 Nature and scope of examinations; passing grade; fees; reexamination.
  • 65-2005 Designation of licensee; expiration and renewal of license; reinstatement of license; temporary permits; temporary licenses; exempt license; display of license or permit; postgraduate permit; inactive license; federally active licensee.
  • 65-2006 Suspension, revocation or limitation of licenses and permits; grounds; consent to submit to mental or physical examination implied; professional incompetency and unprofessional conduct defined; hearing procedure.
  • 65-2007 Violation of act; penalty.
  • 65-2008 Exceptions to operation of act.
  • 65-2009 Injunction or ouster for unlawful practice.
  • 65-2010 Continuing education.
  • 65-2011 Disposition of moneys; healing arts fee fund.
  • 65-2012 Fees, establishment within limitations.
  • 65-2013 Rules and regulations.
  • 65-2014 Citation of act.
  • 65-2015 Civil fine for violation of podiatry act.
  • 65-2016 Review committee; establishment and appointment; qualifications; expenses.
• Article 21.—BASIC SCIENCE ACT (Not in active use)
  • Revisor's Note:

    Healing arts act, see chapter 65, article 28.

  • 65-2101 Repealed.
  • 65-2102, 65-2103 Repealed.
  • 65-2104 Repealed.
  • 65-2105 through 65-2111 Repealed.
  • 65-2112 Repealed.
  • 65-2113 Repealed.
  • 65-2114 Repealed.
  • 65-2114a through 65-2114c Repealed.
  • 65-2115 Repealed.
  • 65-2116 Repealed.
  • 65-2117 Repealed.
  • 65-2118 Repealed.
  • 65-2119 Repealed.
  • 65-2120 Repealed.
  • 65-2121, 65-2122 Repealed.
  • 65-2123 Repealed.
  • 65-2124, 65-2125 Repealed.
• Article 22.—FEES OF LICENSEES IN MILITARY SERVICE (Not in active use)
  • 65-2201 through 65-2205 Repealed.
• Article 23.—ENRICHMENT OF FLOUR AND BREAD
  • 65-2301 Definitions.
  • 65-2302 Flour manufacture or sale; exceptions; certificate.
  • 65-2303 White bread or rolls.
  • 65-2304 Labeling requirements; exception.
  • 65-2305 Enforcement by secretary of health and environment; rules, regulations and orders; notice and hearing.
  • 65-2306 Penalty for violations.
  • 65-2307 Invalidity of part.
• Article 24.—UNIFORM VITAL STATISTICS ACT
  • Revisor's Note:

    Prior law, see 65-130 through 65-151, 75-3158.

    Cross References to Related Sections:

    Marriage registration, see 23-105, 23-109, 23-110.

    Supervision of registration, see also 65-102.

    Law Review and Bar Journal References:

    The Kansas Experience With Uniform State Laws. Paul L. Wilbert, 6 K.L.R. 338, 345 (1958).

    New certificate issued on legitimation in survey of family law, John Brand, Jr., and Dan Hopson, Jr., 12 K.L.R. 257, 260 (1963).

    "The Kansas Parentage Act—A Proposal for Legal Equality for Non-marital Families," Brian Moline, 52 J.K.B.A. 254, 265 (1983).

    Attorney General's Opinions:

    Uniform vital statistics act; disclosure of records. 86-145.

  • 65-2401 Definitions.
  • 65-2402 Duties of secretary of health and environment; persons offered employment in office of vital statistics, criminal history records check, use of information.
  • 65-2403, 65-2404 Repealed.
  • 65-2405 Appointment of state registrar; qualifications; compensation.
  • 65-2406 Duties of state registrar.
  • 65-2407 Repealed.
  • 65-2408 Repealed.
  • 65-2409 Repealed.
  • 65-2409a Certificate of birth; requirements; filing; fee for certificate of live birth; parent's social security number.
  • 65-2410 Same; state registrar to prepare and file, when.
  • 65-2411 Children of unknown parentage; report to state registrar.
  • 65-2412 Registration of deaths and stillbirths; official death records; use of verified forms; establishment and collection of fee; duties of coroners; filing of certificates; Kansas electronic death registration system.
  • 65-2413 Repealed.
  • 65-2414 Delayed determination of cause of death.
  • 65-2415 Form of certificates.
  • 65-2416 Certificates as evidence; reproduction of records; certification.
  • 65-2417 Certified copies or abstracts.
  • 65-2418 Fees for copies and searches; free copies of birth certificate, when; disposition; exemptions; copies, abstracts or data furnished to national office of vital statistics.
  • 65-2418a Repealed.
  • 65-2418b Repealed.
  • 65-2418c Vital statistics integrated information system; revenue bonds authorized for prescribed activities by Kansas development finance authority.
  • 65-2418d Repealed.
  • 65-2418e Civil registration and health statistics fee fund; authorized uses of moneys credited to fund; predecessor fund abolished, moneys and liabilities transferred to new fund.
  • 65-2419 Delayed birth certificates.
  • 65-2420 Same; procedure.
  • 65-2421 Same; evidence.
  • 65-2422 Repealed.
  • 65-2422a Change of name; new certificate of birth issued, when.
  • 65-2422b Records of divorces and annulments.
  • 65-2422c Minor correction of records.
  • 65-2422d Disclosure of records; disclosure of child birth information; monthly reports of deceased residents to county election officers; section not applicable to certain records created prior to July 1, 1911; social security number, availability; fact of death information; use of information for maternal and child health surveillance and monitoring.
  • 65-2423 Adoption cases; birth certificate requirements; foreign country adoption reporting requirements.
  • 65-2424 Repealed.
  • 65-2425 Institution inmates or patients; records and reports.
  • 65-2426 Repealed.
  • 65-2426a Authorization for cremation; when permit to cremate required; penalty for violation.
  • 65-2427 Foreign permit for removal, burial, or other disposition of body.
  • 65-2428 Repealed.
  • 65-2428a Permit for transportation of dead body to location outside state.
  • 65-2429 Repealed.
  • 65-2430, 65-2431 Repealed.
  • 65-2432 Repealed.
  • 65-2433 Registration of divorces, annulments and adoptions.
  • 65-2434 Crimes, prosecution, penalties.
  • 65-2435 Invalidity of part.
  • 65-2436 Uniformity of interpretation.
  • 65-2437 Short title.
  • 65-2438 Notification of person transporting dead body for disposition that deceased had an infectious or contagious disease; form; notification of embalmer, funeral director or other person taking possession of body; confidential information; penalties for violations; "infectious or contagious disease" defined.
  • 65-2439 Meriden's law.
  • 65-2440 Certificate of birth resulting in stillbirth.
• Article 25.—UNIFORM NARCOTIC DRUG ACT (Not in active use)
  • Revisor's Note:

    Later act, see chapter 65, article 41.

    Cross References to Related Sections:

    Food, drug and cosmetic act, see 65-655 through 65-680.

  • 65-2501 Repealed.
  • 65-2502 Repealed.
  • 65-2503 Repealed.
  • 65-2504 Repealed.
  • 65-2505 Repealed.
  • 65-2506, 65-2507 Repealed.
  • 65-2508 Repealed.
  • 65-2509 through 65-2514 Repealed.
  • 65-2515 Repealed.
  • 65-2516 Repealed.
  • 65-2517 Repealed.
  • 65-2518 Repealed.
  • 65-2519 Repealed.
  • 65-2519a Repealed.
  • 65-2520 Repealed.
  • 65-2521 Repealed.
  • 65-2522 Repealed.
• Article 26.—HYPNOTIC, SOMNIFACIENT OR STIMULATING DRUGS (Not in active use)
  • Revisor's Note:

    Later act, see chapter 65, article 41.

  • 65-2601 Repealed.
  • 65-2602 Repealed.
  • 65-2603 through 65-2606 Repealed.
  • 65-2607 Repealed.
• Article 27.—HAZARDOUS HOUSEHOLD ARTICLES
  • Cross References to Related Sections:

    Regulations governing safety glazing material, see 65-3801 through 65-3804.

  • 65-2701 Hazardous household articles; definitions.
  • 65-2702 Powers and duties of secretary of health and environment.
  • 65-2703 Rules and regulations, filing.
  • 65-2704 Unlawful acts; penalties.
• Article 28.—HEALING ARTS
  • Source or prior law:

    65-1001 through 65-1008, 65-1010, 65-1011, 65-1201 through 65-1208, 65-1301 through 65-1311, 74-1001 through 74-1003, 74-1201, 74-1301 through 74-1306.

    Cross References to Related Sections:

    Standard of conduct of licensed health care professional related to assisting suicide, see 60-4403.

    Law Review and Bar Journal References:

    Physician has obligation to inform patient; discussion of informed consent and some Kansas cases, M. Martin Halley, 69 J.K.M.S. 47, 48 (1968).

    Discussion of medical and legal professions in "Professional Responsibility," Honorable Robert H. Kaul, 69 J.K.M.S. 371 (1968).

    Transfer of patient's records without consent violates confidence between patient and physician, 69 J.K.M.S. 399 (1968).

    Detailed discussion of legal aspects of physician's and nurse's positions in student health service, John E. Howe and Barry McGrath, 69 J.K.M.S. 421 (1968).

    "Interference with Economic Relations of Attorneys," Martin E. Conrey and Lawrence M. Gurney, 23 W.L.J. 528, 529 (1984).

    "Medical Malpractice Legislation: The Kansas Response to the Medical Malpractice Crisis," Karen Wedel and Jerome Weber, 23 W.L.J. 566, 582, 583 (1984).

    "Reconsidering the Regulation of Health Professionals in Kansas," Lisa E. Bartra, 5 Kan. J.L. & Pub. Pol'y, No. 3, 155, 158, 166, 167, 172 (1996).

    "Who Is That Mystery Man in the Operating Room? Manufacturer Representatives Scrub in for Surgery," James R. Howell, 36 J.K.A.J. No. 6 (2013).

  • KANSAS HEALING ARTS ACT

    65-2801 Purpose.
  • 65-2802 Definitions.
  • 65-2803 Prerequisite to practice a profession regulated by the board; exceptions; penalties.
  • 65-2804 Attainment of legal age required prior to receiving permanent license.
  • 65-2805 Repealed.
  • 65-2806 Form and type of license.
  • 65-2807 License presumptive evidence of right to practice.
  • 65-2808 Filing names and records of applicants for examination; index; record of licenses issued; application forms; records open to public inspection.
  • 65-2809 Renewal date of licenses; continuing education requirements; evidence licensee maintaining professional liability insurance; notice of renewal; fees; cancellation of license; reinstatement, when; exempt licensees; inactive license; federally active license; reentry active license.
  • 65-2810 Repealed.
  • 65-2811 Issuance of temporary permits; postgraduate permits.
  • 65-2811a Special permits; issuance; conditions and qualifications; limitations on practice; expiration of permit.
  • 65-2812 State board of healing arts; membership; appointment.
  • 65-2813 State board of healing arts; qualifications of members.
  • 65-2814 Same; terms of members; vacancies.
  • 65-2815, 65-2816 Repealed.
  • 65-2817 Same; removal from office by governor, when.
  • 65-2818 Same; annual election of officers; powers and duties; position of secretary of board abolished.
  • 65-2819 Same; seal; rules; oath; meetings.
  • 65-2820 Repealed.
  • 65-2821 Same; filing oaths.
  • 65-2822 Same; quorum.
  • 65-2823 Same; compensation and expenses of members.
  • 65-2824 Application for examination, contests; fees; documents and affidavits.
  • 65-2825 Accredited schools; list.
  • 65-2826 Where and when examinations held.
  • 65-2827 List of eligible applicants prior to examinations.
  • 65-2828 Rules and regulations designating examinations and passing grade; reexamination.
  • 65-2829 Repealed.
  • 65-2830 Repealed.
  • 65-2831 Issuance of license; record.
  • 65-2832 Preservation of examination results; availability.
  • 65-2833 Endorsement licenses; requirements; rules and regulations.
  • 65-2834 Repealed.
  • 65-2835 Certificate of standing; application; fee.
  • 65-2836 Revocation, suspension, limitation or denial of licenses; censure of licensee; grounds; consent to submit to mental or physical examination or drug screen, or any combination thereof, implied.
  • 65-2836a Repealed.
  • 65-2837 Definitions.
  • 65-2837a Restrictions on prescribing, ordering, dispensing, administering, selling, supplying or giving certain amphetamine or sympathomimetic amine controlled substances; unprofessional conduct.
  • 65-2837b Repealed.
  • 65-2838 Disciplinary action against licensee, registrant, permit holder or certificate holder; procedure; stipulations; temporary suspension or limitation; emergency proceedings; guidelines for use of controlled substances for treatment of pain; written advisory opinions.
  • 65-2838a Non-disciplinary resolution; procedure.
  • 65-2839 Repealed.
  • 65-2839a Investigations and proceedings conducted by board; access to evidence; subpoenas; access to criminal history; confidentiality of information.
  • 65-2840 Repealed.
  • 65-2840a Disciplinary counsel; appointment; qualifications; duties; application for subpoenas; staff; rules and regulations.
  • 65-2840b Repealed.
  • 65-2840c Review committees; establishment; composition; expenses.
  • 65-2840d Repealed.
  • 65-2841 Repealed.
  • 65-2842 Mental or physical examination or drug screen, or any combination thereof, of licensee, registrant, permit holder or certificate holder; requirement by board; confidentiality of records; computation of time limit for hearing.
  • 65-2843 Repealed.
  • 65-2844 Reinstatement of license, registration, permit or certificate; application; burden of proof; reapplication for reinstatement, when; proceedings.
  • 65-2845 Repealed.
  • 65-2846 Costs of proceedings; assessment of costs incurred.
  • 65-2847 Same; costs due state; uncollectible, paid by board.
  • 65-2848 Repealed.
  • 65-2849 Hearing of cause in district court; precedence.
  • 65-2850 Same; appeal bond of licensee.
  • 65-2851 Repealed.
  • 65-2851a Administrative proceedings; procedure, review and civil enforcement.
  • 65-2852 Fees; collection by board.
  • 65-2853 Repealed.
  • 65-2854 Repealed.
  • 65-2855 Fees; disposition of; healing arts fee fund.
  • 65-2856 Repealed.
  • 65-2857 Injunction and quo warranto for unlawful practice of the healing arts.
  • 65-2858 Same; authority conferred by K.S.A. 65-2857 additional to authority to prosecute criminally.
  • 65-2859 Filing false documents with board; forgery; penalty.
  • 65-2860 False impersonation; fraud; penalty.
  • 65-2861 False swearing; penalty.
  • 65-2862 Penalties for violations of act; second conviction.
  • 65-2863 Repealed.
  • 65-2863a Administrative fines.
  • 65-2864 Enforcement of act; investigations; evidence.
  • 65-2865 Rules and regulations; filing.
  • 65-2866 Attorney general, county or district attorney to prosecute violations; recovery of expenses; disposition of recovered penalties.
  • 65-2867 Certain acts prohibited; exceptions; penalties.
  • 65-2868 Repealed.
  • 65-2869 Persons deemed engaged in practice of medicine and surgery.
  • 65-2870 Persons deemed engaged in practice of osteopathy.
  • 65-2871 Persons deemed engaged in practice of chiropractic.
  • 65-2872 Persons not engaged in the practice of the healing arts.
  • 65-2872a Repealed.
  • 65-2872b Same; administration of epinephrine; limitation of liability.
  • 65-2873 License to practice healing arts by examination; prerequisites; postgraduate study; use of title and degree.
  • 65-2873a Board authorized to grant license in particular circumstances; exceptions; requirements.
  • 65-2873b Resident active license; requirements.
  • 65-2874 Accredited school of medicine defined; rules and regulations establishing criteria; questionnaire developed by board; authority to contract for assistance in obtaining information about schools.
  • 65-2875 Accredited schools of osteopathic medicine defined.
  • 65-2876 Accredited school or college of chiropractic, defined.
  • 65-2877 Repealed.
  • 65-2877a Prohibition on practice by business organization inapplicable to certain healing arts schools.
  • 65-2878 Executive director; appointment; confirmation by senate; employment of administrative assistant and other employees; representation of board by attorney appointed by attorney general; authority to contract with healing arts licensees.
  • 65-2878a Employment of agents to assist board in disciplinary actions; limitation on liability of such agents.
  • 65-2878b Repealed.
  • 65-2879 Repealed.
  • 65-2880 Pending actions; vested rights saved.
  • 65-2881 Current licenses continued; renewal.
  • 65-2882 through 65-2884 Repealed.
  • 65-2885 Use of title by licensee.
  • 65-2886 Licensee to comply with public health laws and regulations.
  • 65-2886a Reporting of administration of vaccines by physicians and other authorized individuals; exceptions.
  • 65-2887 Assisting unlicensed persons to practice optometry not authorized; exceptions.
  • 65-2888 Invalidity of part.
  • 65-2889 Repealed.
  • 65-2890 Name of act; citation.
  • 65-2890a Provisions of act applicable to any regulated profession.

  • EMERGENCY CARE

    65-2891 Emergency care by healthcare providers; liability; standards of care applicable; definition of healthcare provider.
  • 65-2891a Repealed.
  • 65-2891b Emergency care by non-health care providers; liability, standards of care applicable.
  • 65-2892 Examination and treatment of persons under 18 for venereal disease; liability.
  • 65-2892a Examination and treatment of minors for drug abuse, misuse or addiction; liability.
  • 65-2893 Autopsies; performance of; authorization.
  • 65-2894 Repealed.
  • 65-2895 Institutional license; qualifications; rights and restrictions; term of license.
  • 65-2895a Repealed.

  • PHYSICIANS' ASSISTANTS

    65-2896 Repealed.
  • 65-2896a Repealed.
  • 65-2896b Repealed.
  • 65-2896c Repealed.
  • 65-2896d Repealed.
  • 65-2896e Repealed.
  • 65-2896f through 65-2896h Repealed.
  • 65-2897 Repealed.
  • 65-2897a Repealed.
  • 65-2897b Repealed.
  • 65-2898 Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions.
  • 65-2898a Confidentiality of complaints and reports relating thereto; disclosure, when.
  • 65-2899 Certification of licensed dentists to administer anesthetics to facilitate medical procedures; suspension or revocation of certificate; procedure.
  • 65-28,100 Temporary license for visiting professor; designation; qualifications; application; rights conferred; validity of license; section supplemental.

  • NATURAL DEATH ACT

    65-28,101 Withholding or withdrawal of life-sustaining procedures; legislative finding and declaration.
  • 65-28,102 Same; definitions.
  • 65-28,103 Same; declaration authorizing; effect during pregnancy of qualified patient; duty to notify attending physician; form of declaration; severability of directions.
  • 65-28,104 Same; revocation of declaration.
  • 65-28,105 Same; written certification and confirmation of declarant's terminal condition; effect of failure to comply.
  • 65-28,106 Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration.
  • 65-28,107 Same; attending physician's refusal to comply with declaration of qualified patient; transfer of patient; unprofessional conduct; unlawful acts.
  • 65-28,108 Same; construction and effect of act.
  • 65-28,109 Same; act not to be construed to condone or approve mercy killing or to permit other than natural process of dying.
  • 65-28,110 through 65-28,120 Reserved.

  • REPORTS TO STATE BOARD OF HEALING ARTS

    65-28,121 Reports by hospitals and others; administrative fines for failure to report.
  • 65-28,122 Person licensed, registered or certified to practice a profession regulated by the board required to report knowledge of violation of K.S.A. 65-2836 to state board of healing arts; exceptions.
  • 65-28,123 Temporary education license; issuance; qualifications; conditions; fee.
  • 65-28,124 Visiting clinical professor license; issuance; qualifications; practice limitations; renewal; continuing education.
  • 65-28,125 Limited permit to practice a branch of the healing arts; issuance; qualifications; practice limitations; renewal.
  • 65-28,126 Changes in licensee's mailing and practice addresses; notice to board; penalties.
  • 65-28,127 Licensees who direct, supervise, order, refer, accept responsibility for, enter into practice protocols with or delegate acts which constitute practice of healing arts to others; requirements and limitations; construction of section.
  • 65-28,128 Abandonment of health care records; court jurisdiction; procedure; appointment of custodian of records, authority and duties, liability, physician-patient privilege; access to records.
  • 65-28,129 State board of healing arts; fingerprinting and criminal history.
  • 65-28,130 Same; graduated sanctions; reference guide.
  • 65-28,131 Same; website; licensee information.
  • 65-28,132 Medical records maintenance trust fund; authorized uses of moneys credited to fund; rules and regulations.
  • 65-28,133 Interstate medical licensure compact.
  • 65-28,134 Authorization for certain business entities to hire licensees of the board; information required; renewal; fees; responsibility for conduct or acts of agents or employees; definitions.

  • TELEMEDICINE

    65-28,135 Telemedicine; out-of-state physician practice; requirements and limitations; waiver application and fee; other healthcare professionals.
  • 65-28,136 Sports waiver for out-of-state physicians; application; restrictions; denial of application; rules and regulations for other healthcare professions.
• Article 28a.—PHYSICIAN ASSISTANTS
  • 65-28a01 Physician assistant licensure act; citation.
  • 65-28a02 Definitions.
  • 65-28a03 List of names; renewal of license; canceled licenses; inactive licenses; reinstatement of license; federally active licenses; exempt licenses; fees; rules and regulations.
  • 65-28a04 Licensure as a physician assistant, requirements; refusal to license; continuing education; registration to licensure transition.
  • 65-28a05 Revocation, suspension, limitation, censure or denial of license, grounds.
  • 65-28a06 Prohibited acts; act not to include certain persons; penalty for violations.
  • 65-28a07 Temporary licensure; period of validity.
  • 65-28a08 Practice of physician assistant; direction and supervision of physician; prescription of drugs; identification to patient of physician assistant; rules and regulations; "drug" defined.
  • 65-28a09 Supervising physician; notice to board when supervision and direction terminated; forms.
  • 65-28a10 Repealed.
  • 65-28a11 Physician assistant council established; appointment of members; payment for attending meetings of council.
  • 65-28a12 Administrative proceedings; actions to enjoin violations.
  • 65-28a13 Physician assistant ownership limitations in professional corporations.
  • 65-28a14 Criminal and civil penalties for violations of act.
  • 65-28a15 Changes in licensee's address; penalties; costs.
  • 65-28a16 License by endorsement.
• Article 28b.—INDEPENDENT PRACTICE OF MIDWIFERY ACT
  • 65-28b01 Independent practice of midwifery act; citation.
  • 65-28b02 Same; definitions.
  • 65-28b03 Same; standards and requirements for licensure.
  • 65-28b04 Same; expiration of license.
  • 65-28b05 Same; fees.
  • 65-28b06 Same; unlawful acts.
  • 65-28b07 Same; rules and regulations; standards of care.
  • 65-28b08 Same; revocation, suspension, limitation, censure or denial of license; grounds.
  • 65-28b09 Same; advisory council.
  • 65-28b10 Same; abortion not authorized.
• Article 29.—PHYSICAL THERAPY
  • 65-2901 Definitions.
  • 65-2902 Repealed.
  • 65-2903 Physical therapy advisory council; membership; qualifications.
  • 65-2904 Same; terms; oath.
  • 65-2905 Same; officers; executive director; powers and duties; quorum; records; employees; compensation and expenses.
  • 65-2906 Duties of board; qualifications of applicants; form of application; approval of schools.
  • 65-2907, 65-2908 Repealed.
  • 65-2909 Examinations; when not required; fees; temporary permits.
  • 65-2910 Renewal of license or certification; renewal requirements; expiration notice; fees; cancellation; reinstatement; inactive license; exempt license; federally active license.
  • 65-2911 Rules and regulations; record of proceedings; roster of persons licensed or certified; fee limitations; examination fees; disposition of moneys; healing arts fee fund.
  • 65-2912 Grounds for refusal, suspension, revocation or limitation of license, certificate or compact privilege; censure; hearing procedure.
  • 65-2913 Representation as physical therapist or physical therapist assistant; prohibitions; exceptions; construction of act.
  • 65-2914 Fraud or deception in application for license; scope of authorized treatment.
  • 65-2915 Repealed.
  • 65-2916 Penalties for violations of act; injunctive relief.
  • 65-2917 Invalidity of part.
  • 65-2918 Physical therapists and physical therapist assistants practicing in accordance with law not subject to healing arts act.
  • 65-2919 Person holding registration as physical therapist deemed to be licensed physical therapist.
  • 65-2920 Professional liability insurance coverage required as condition to practice physical therapy.
  • 65-2921 Evaluation and treatment by physical therapists; when referral is required; exceptions.
  • 65-2922 Title of the act.
  • 65-2923 Dry needling; requirements to practice; rules and regulations.
  • 65-2924 Fingerprinting of applicant for license; use for identification and criminal history record check; fee.

  • PHYSICAL THERAPY LICENSURE COMPACT

    65-2925 Physical therapy licensure compact.
• Article 30.—AIR QUALITY CONTROL
  • Law Review and Bar Journal References:

    "Pollution Reaches the Clean Air State," Timothy E. McKee, 9 W.L.J. 443, 450 (1970).

    "Regulation of Air and Water Quality in Kansas: A Critical Look at Legislative Ambiguity and Administrative Discretion," George Cameron Coggins, 21 K.L.R. 1, 2, 23, 28 (1972).

    "Environmental Law Creeps into Kansas: A Commentary on the Concerned Citizens United Suit," George Cameron Coggins and William H. Hensley, 23 K.L.R. 421, 430, 437 (1975).

    "Home Rule and Environmental Regulation in Kansas," David E. Pierce, 26 K.L.R. 535 (1978).

    "Kansas Environmental Protection Law," Professor David Ryan, 51 J.K.B.A. 289, 292, 300 (1982).

    "Agricultural Law: Suburban Sprawl and the Right to Farm," Dana Ann Bradbury, 22 W.L.J. 448, 463 (1983).

  • 65-3001 Title of act.
  • 65-3002 Definitions.
  • 65-3003 Responsibility of secretary; administration.
  • 65-3004 Repealed.
  • 65-3005 Powers of the secretary.
  • 65-3006 Same; publication and enforcement of regulations; employment of personnel; services.
  • 65-3007 Air contaminant sources; classification; monitoring; reporting.
  • 65-3008 Approvals and permits for emission stationary sources.
  • 65-3008a Same; public comment and hearing; review.
  • 65-3008b Same; suspension, revocation, denial, modification, issuance.
  • 65-3009 Inspections.
  • 65-3010 Emission control requirements.
  • 65-3011 Enforcement; procedure.
  • 65-3012 Action to protect health or environment; judicial review procedures.
  • 65-3013 Variances; hearing.
  • 65-3014 Repealed.
  • 65-3015 Records and information open; trade secret exception.
  • 65-3015a Repealed.
  • 65-3016 Local air quality conservation programs.
  • 65-3017 Motor vehicle pollution.
  • 65-3018 Administrative fines.
  • 65-3019 Application of act; limitations.
  • 65-3020 Severability.
  • 65-3021 Power generation facility; impact upon air quality; definitions.
  • 65-3022 Same; determining and monitoring of power generation facilities environmental impact; programs for; fees; rules and regulations.
  • 65-3023 Same; fees; disposition of moneys; power generating facility fee fund created.
  • 65-3024 Emissions fees.
  • 65-3025 Unlawful acts.
  • 65-3026 Criminal penalties.
  • 65-3027 Small business assistance program; compliance advisory panel.
  • 65-3028 Rules and regulations continued in effect.
  • 65-3029 Duties of secretary; approval of prevention of significant deterioration permit.
  • 65-3030 Severability clause.
  • 65-3031 Electric generating units; carbon dioxide emissions standards; submission of state plan by secretary to environmental protection agency; review by study committee and attorney general; agency implementation, limitations.
• Article 31.—INTERSTATE COMPACT ON MENTAL HEALTH
  • 65-3101 Interstate compact on mental health.
  • 65-3102 Mental health compact; administrator.
  • 65-3103 Same; supplementary agreements.
  • 65-3104 Same; financing.
  • 65-3105 Same; required preliminary steps to transfer.
  • 65-3106 Same; transmittal of act to other states and officials.
• Article 32.—ANATOMICAL GIFTS AND ORGAN TRANSPLANTATION
  • Cross References to Related Sections:

    Use of dead bodies by medical school, see chapter 65, article 9.

    Use of dead bodies by schools for teaching embalming, see 65-1706.

    Order of priority of persons authorized to order disposition of decedents' remains, see 65-1734.

    Law Review and Bar Journal References:

    Discussion of various medical and legal definitions of death; basic criteria for legal concept are cessation of "vital functions," cessation of respiration and circulation and impossibility of resuscitation, M. Martin Halley and William F. Harvey, 69 J.K.M.S. 280, 281 (1968).

    Post mortem gifts and determination of moment of death considered, M. Martin Halley and William F. Harvey, 69 J.K.M.S. 343 (1968).

    "Law-Medicine Comment: The Definitional Dilemma of Death," M. Martin Halley and William F. Harvey, 37 J.B.A.K. 179, 180 (1968).

    Changes needed in uniform anatomical gift act in order to provide for full development of organ transplantation and transplantation facilities, Loren F. Taylor, 70 J.K.M.S. 87 (1969).

    "1969 Kansas Legislature—A Review of Enactment," Robert F. Bennett, 38 J.B.A.K. 89, 135 (1969).

    "Kansas and the Uniform Anatomical Gift Act," Glee S. Smith, Jr. and Glee S. Smith III, 19 K.L.R. 569 (1971).

  • 65-3201 through 65-3208 Repealed.
  • 65-3209 Repealed.
  • 65-3210 Repealed.
  • 65-3211 Repealed.
  • 65-3212 Repealed.
  • 65-3213, 65-3214 Repealed.
  • 65-3215 Repealed.
  • 65-3216, 65-3217 Repealed.
  • 65-3218 Repealed.
  • 65-3219 Transferred.
  • 65-3220 Short title.
  • 65-3221 Definitions.
  • 65-3222 Applicability.
  • 65-3223 Who may make anatomical gift before donor's death.
  • 65-3224 Manner of making anatomical gift before donor's death.
  • 65-3225 Amending or revoking anatomical gift before donor's death; first person consent organ and tissue donor registry.
  • 65-3226 Refusal to make anatomical gift; effect of refusal.
  • 65-3227 Preclusive effect of anatomical gift, amendment, or revocation.
  • 65-3228 Who may make anatomical gift of decedent's body or part.
  • 65-3229 Manner of making, amending, or revoking anatomical gift of decedent's body or part.
  • 65-3230 Persons that may receive anatomical gift; purpose of anatomical gift.
  • 65-3231 Search and notification.
  • 65-3232 Delivery of document of gift not required; right to examine.
  • 65-3233 Rights and duties of procurement organization and others.
  • 65-3234 Coordination of procurement and use.
  • 65-3235 Sale or purchase of parts prohibited.
  • 65-3236 Other prohibited acts.
  • 65-3237 Immunity.
  • 65-3238 Law governing validity; choice of law as to execution of document of gift; presumption of validity.
  • 65-3239 Establishing a statewide donor registry; requirements; first person consent organ and tissue donor registry.
  • 65-3240 Effect of anatomical gift on advance health-care directive.
  • 65-3241 Cooperation between coroner and procurement organization.
  • 65-3242 Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.
  • 65-3243 Uniformity of application and construction.
  • 65-3244 Relation to electronic signatures in global and national commerce act.
  • 65-3245 through 65-3275 Reserved.
  • 65-3276 Nondiscrimination in organ transplantation.
• Article 33.—WATER POLLUTION CONTROL
  • Cross References to Related Sections:

    Pollution act, see 12-3101 through 12-3107.

    Protection of water, see 55-150 et seq.

    Disposal of salt water produced in oil or gas wells, see 55-901.

    Disposal of oil-field or gas-field brines and mineralized waters, see 55-1003.

    Water supply and sewage, see 65-161 et seq.

    Law Review and Bar Journal References:

    "Regulation of Air and Water Quality in Kansas: A Critical Look at Legislative Ambiguity and Administrative Discretion," George Cameron Coggins, 21 K.L.R. 1, 15 (1972).

    "Home Rule and Environmental Regulation in Kansas," David E. Pierce, 26 K.L.R. 535, 545 (1978).

    "Kansas Environmental Protection Law," Professor David Ryan, 51 J.K.B.A. 289, 294, 300 (1982).

  • 65-3301 Statement of purpose.
  • 65-3302 State water pollution control account; municipality defined.
  • 65-3303 Grants-in-aid to municipalities; state participation limited.
  • 65-3304 Same; administration and allocation.
  • 65-3305 Water pollution control; rules and regulations.
  • 65-3306 Same; state appropriation to account; encumbering moneys in account; contributions by municipality; exception to requirements of ad valorem tax reduction fund; exception to requirements of aggregate levy limitation.
  • 65-3307 Application of act.
  • 65-3308 Countywide wastewater management plans; rules and regulations of secretary.
  • 65-3309 Wastewater management; plan, contents and procedure; committee.
  • 65-3310 Same; duties and functions of secretary.
  • 65-3311 Same; recommendations by planning committee to governmental units regarding implementation of plan.
  • 65-3312 Same; judicial review of secretary's actions.
  • 65-3313 Same; applicability of act, when.
  • 65-3314 through 65-3320 Reserved.

  • KANSAS WATER POLLUTION CONTROL REVOLVING FUND

    65-3321 Definitions.
  • 65-3322 Kansas water pollution control revolving fund established; sources of revenue; use of moneys credited to fund.
  • 65-3323 Powers and duties of secretary of health and environment.
  • 65-3324 Project priority list; development; loans available to municipalities having population of 5,000 or less.
  • 65-3325 Intended use plan; preparation.
  • 65-3326 Application for Kansas water pollution control revolving fund loans; form; agreements with municipality; contents; repayment; effect of failure of municipality to enter into agreement; technical advice and assistance to municipalities for projects or loan applications.
  • 65-3327 Repayment of loans; dedicated revenue sources; user charges; failure of municipality to meet repayment terms; project accounts; repayment from federal grants; loan not part of bonded indebtedness.
  • 65-3328 Annual report.
  • 65-3329 Activities of department of health and environment under act and issuance of bonds by Kansas development finance authority under act approved for purposes of K.S.A. 74-8905.
  • 65-3330 Local conservation lending program.
• Article 34.—SOLID AND HAZARDOUS WASTE
  • Cross References to Related Sections:

    Water supply and sewage, see 65-161 et seq.

    Law Review and Bar Journal References:

    "Environmental Law Creeps into Kansas: A Commentary on the Concerned Citizens United Suit," George Cameron Coggins and William H. Hensley, 23 K.L.R. 421, 445, 446 (1975).

    "Home Rule and Environmental Regulation in Kansas," David E. Pierce, 26 K.L.R. 535, 547, 548, 549 (1978).

    "Kansas Environmental Protection Law," Professor David Ryan, 51 J.K.B.A. 289, 302 (1982).

    "Hazardous Waste Regulation in the United States a Mind-Numbing Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 33, 34 (1992).

  • SOLID WASTE

    65-3401 Statement of policy.
  • 65-3402 Solid waste management; definitions.
  • 65-3403 Repealed.
  • 65-3404 Repealed.
  • 65-3405 Solid waste management plan required; solid waste management committee; process for adoption and revision of plan; contents of plan.
  • 65-3406 Duties and functions of secretary; rules and regulations; exemption of certain solid waste disposal areas from certain requirements.
  • 65-3406a, 65-3406b Repealed.
  • 65-3406c Repealed.
  • 65-3406d Repealed.
  • 65-3407 Permits to construct, alter or operate solid waste processing facilities and solid waste disposal areas; fees; requirements for closure and post-closure care; limitations on issuance of permits.
  • 65-3407a Special land use permit for operation of solid waste disposal area void, when.
  • 65-3407b Application of subsection (i)(2) of K.S.A. 65-3407 and 65-3407a.
  • 65-3407c Exemptions from permit requirement; rules and regulations; reports.
  • 65-3408 Compliance with act by state institutions and agencies; permits; contracts.
  • 65-3409 Unlawful acts; penalties.
  • 65-3410 Cities or counties authorized to provide for collection and disposal of solid wastes or contract therefor; fees; adoption of regulations and standards.
  • 65-3410a Cities; counties; solid waste plan restrictions.
  • 65-3410b Solid waste report; secretary of health and environment; certain legislative committees.
  • 65-3411 Orders to prevent pollution or hazard.
  • 65-3412 Hearings in accordance with Kansas administrative procedure act; judicial review.
  • 65-3413 Designation of local agency to act as agent of secretary.
  • 65-3414 Enforcement by county or district attorney.
  • 65-3415 Solid waste grants.
  • 65-3415a Solid waste management fund.
  • 65-3415b Solid waste tonnage fees.
  • 65-3415c Repealed.
  • 65-3415d Repealed.
  • 65-3415e Fees on disposal at private disposal areas.
  • 65-3415f Solid waste tonnage fees authorized to be imposed by counties; exceptions; collection and disposition of proceeds.
  • 65-3416 Severability.
  • 65-3416a Severability.
  • 65-3416b Severability.
  • 65-3417 Solid waste plans and programs; considerations; judicial review of secretary's actions.
  • 65-3418 Vesting of title to solid waste; liability of generator; authority of resource recovery facilities provided by cities or counties or combinations thereof; contracts.
  • 65-3419 Violations of act; penalties; procedure; injunctions.
  • 65-3420 Repealed.
  • 65-3421 Resource recovery facilities provided by cities or counties; contracts.
  • 65-3422 Repealed.
  • 65-3423 Same; contracts with private persons for performance of certain functions; authority of private entities.

  • USED AND WASTE TIRES

    65-3424 Definitions.
  • 65-3424a Restrictions on disposal.

  • WASTE TIRES

    65-3424b Permits and standards.
  • 65-3424c Repealed.
  • 65-3424d Tax on new tire sales.
  • 65-3424e Same; failure to pay tax; penalties.
  • 65-3424f Repealed.
  • 65-3424g Waste tire management fund.
  • 65-3424h Same; rules and regulations.
  • 65-3424i Tire retailers; requirements.
  • 65-3424j Repealed.
  • 65-3424k Abatement and enforcement actions by secretary.
  • 65-3424l Vehicle tire disposal; hearings and review of orders and decisions of secretary.
  • 65-3424m Repealed.
  • 65-3425 Plastic bottles and containers; labeling requirements; violations; penalties.
  • 65-3426 Solid waste grants advisory committee.
  • 65-3427 Limitation on number of employees for solid waste management.
  • 65-3428 Plastic bulk merchandise container sales; definitions; requirements.
  • 65-3429 Same; exceptions.

  • HAZARDOUS WASTE

    65-3430 Hazardous wastes; definitions.
  • 65-3431 Duties and functions of secretary; standards; permits; fees.
  • 65-3432 Repealed.
  • 65-3433 Permit, construction or modification of facility; duties of secretary.
  • 65-3434 Repealed.
  • 65-3435 Same; conditions precedent to approval of application.
  • 65-3436 Repealed.
  • 65-3437 Same; application for permits, contents; duties of secretary.
  • 65-3438 Same; secretary's decision on permit application; time period, extensions.
  • 65-3439 Same; terms and conditions; revocation or suspension; appeals.
  • 65-3440 Permit, revocation or suspension, hearing; judicial review.
  • 65-3441 Unlawful acts; penalties.
  • 65-3442 Same; vesting of title to hazardous waste; liability for cleanup costs.
  • 65-3443 Prevention or removal of hazard or pollution.
  • 65-3444 Violations of act; penalties.
  • 65-3445 Protection from hazards; orders and injunctions; judicial review.
  • 65-3446 Administrative penalties; procedure; hearing; judicial review.
  • 65-3447 Administrative penalties; trade secrets; duties of secretary; disclosure of information.
  • 65-3448 Repealed.
  • 65-3449 Same; notification of legislature and governor of site investigations for disposal of radioactive wastes; acquisition by state of physical sites, when; contracts by secretary for operation and closure of sites.
  • 65-3450 Same; intervention of interested parties in civil actions.
  • 65-3451 Same; time schedule for regulation of generators by secretary.
  • 65-3452 Repealed.
  • 65-3452a Definition of hazardous substances.
  • 65-3453 Authority of secretary concerning clean-up activities.
  • 65-3454 Repealed.
  • 65-3454a Environmental response fund created; receipts and expenditures; subaccounts.
  • 65-3455 Responsibility for payment of clean-up costs; actions to recover costs.
  • 65-3456 Repealed.
  • 65-3456a Review of secretary's actions or decisions.
  • 65-3457 Repealed.
  • 65-3457a Existing law regarding oil and gas pollution not affected.
  • 65-3458 Burial prohibited; exceptions; procedure.
  • 65-3459 Repealed.
  • 65-3460 Voluntary local hazardous waste programs; duties of the secretary; rules and regulations; reports.
  • 65-3461 through 65-3470 Reserved.

  • IMMUNITY FROM LIABILITY FOR HAZARDOUS WASTE CLEANUPS

    65-3471 Definitions.
  • 65-3472 Immunity; exceptions.
  • 65-3473 through 65-3479 Reserved.
  • 65-3480 Repealed.
  • 65-3481 Repealed.
  • 65-3482 Repealed.
  • 65-3483 Repealed.
  • 65-3484 Repealed.
  • 65-3485 Repealed.
  • 65-3486 Repealed.
  • 65-3487 Repealed.
  • 65-3488 Repealed.
  • 65-3489 Repealed.
  • 65-3490 Repealed.
  • 65-3491 Hazardous waste management fund.
  • 65-3492 through 65-3499 Reserved.

  • STORAGE TANKS

    65-34,100 Kansas storage tank act; statement of legislative findings.
  • 65-34,101 Same; citation of act.
  • 65-34,102 Definitions.
  • 65-34,103 Exceptions to application of act.
  • 65-34,104 Same; notification to department of tank's existence; form.
  • 65-34,105 Rules and regulations.
  • 65-34,106 Permit to construct, install, modify or operate storage tank.
  • 65-34,107 Same; evidence of financial responsibility required; limitation of liability.
  • 65-34,108 Enforcement of act; duties of owner or operator; records, reports, documents, other information.
  • 65-34,109 Unlawful acts; penalties.
  • 65-34,110 Same; licensure of tank installers and contractors; duties of secretary; examinations; inspections; unlawful acts, penalties; qualifications for licensure; reciprocal agreements; validity of license.
  • 65-34,111 Same; denial, suspension or revocation of license, when.
  • 65-34,112 Same; agreements between secretary and local governments or agencies thereof to act as secretary's agent to carry out provisions of act.
  • 65-34,113 Civil penalties and remedies for violations.
  • 65-34,114 Underground petroleum storage tank release trust fund.
  • 65-34,114a Repealed.
  • 65-34,115 Liability for costs of corrective action.
  • 65-34,116 Repealed.
  • 65-34,117 Environmental assurance fee; disposition of proceeds.
  • 65-34,118 Corrective action; duties of owners and operators; duties of secretary; consent agreement, contents.
  • 65-34,119 Reimbursement from aboveground and underground funds for corrective actions; conditions.
  • 65-34,119a Retroactive reimbursement from underground fund.
  • 65-34,120 Liability of state and its officers and employees limited; fund liability limits.
  • 65-34,121 Annual report to governor and legislature.
  • 65-34,122 Same; appeals from orders or decisions of secretary, procedure.
  • 65-34,123 Abolishment of the underground fund and the aboveground fund.
  • 65-34,124 Same; effective date of K.S.A. 65-34,114 through 65-34,123.
  • 65-34,125 Severability.
  • 65-34,126 Third party liability insurance plan.
  • 65-34,127 Severability.
  • 65-34,128 Storage tank fee fund.
  • 65-34,129 Aboveground petroleum storage tank release trust fund.
  • 65-34,130 Retroactive reimbursement from aboveground fund.
  • 65-34,131 UST redevelopment fund; expenditures.
  • 65-34,132 UST redevelopment fund; reimbursement.
  • 65-34,133 UST redevelopment fund compensation advisory board.
  • 65-34,134 Abolishment of UST redevelopment fund and compensation advisory board.
  • 65-34,135 Underground storage tank operators, training program; requirements.
  • 65-34,136 Non-fuel flammable or combustible liquid aboveground storage tanks; duties of state fire marshal; civil penalties; annual report; rules and regulations.
  • 65-34,137 Non-fuel flammable or combustible liquid aboveground storage tank system fund.
  • 65-34,138 Underground storage tank systems; secondary containment.
  • 65-34,139 Underground storage tank systems; reimbursement for replacement.
  • 65-34,140 Reserved.

  • DRYCLEANING FACILITIES

    65-34,141 Kansas drycleaner environmental response act; citation of act.
  • 65-34,142 Definitions.
  • 65-34,143 Rules and regulations.
  • 65-34,144 Unlawful acts; penalties.
  • 65-34,145 Registration; fee; posting.
  • 65-34,146 Trust fund; establishment; credits; expenditures.
  • 65-34,147 Same; criteria for expenditures.
  • 65-34,148 Same; uses of moneys in fund; powers of department owner's liability, when; expenditure limit; deductible.
  • 65-34,149 Liability limitations.
  • 65-34,150 Environmental surcharge, gross receipts tax; disposition of proceeds.
  • 65-34,151 Fee on purchase or acquisition of drycleaning solvent; disposition of proceeds.
  • 65-34,152 Imposition of taxes and fees dependent on fund balance.
  • 65-34,153 Review of secretary's orders and decisions.
  • 65-34,154 Annual report to legislature.
  • 65-34,155 Severability.
  • 65-34,156 through 65-34,160 Reserved.

  • VOLUNTARY CLEANUP AND PROPERTY REDEVELOPMENT

    65-34,161 Title and application.
  • 65-34,162 Definitions.
  • 65-34,163 Rules and regulations.
  • 65-34,164 Voluntary application; application of other laws; eligible property.
  • 65-34,165 Application; fee; action on; agreement; deposit; access to property; termination of agreement; fund, use and disposition of.
  • 65-34,166 Remedial action; determination whether required; plan.
  • 65-34,167 Same; alternatives; factors considered.
  • 65-34,168 Plan; approval or disapproval; procedures; approval void, when; verification of implementation.
  • 65-34,169 Determination no further action required; issuance; void, when.
  • 65-34,170 Repealed.
  • 65-34,171 Application of other laws; EPA involvement.
  • 65-34,172 Plan; enforcement; use of information as basis of other enforcement actions.
  • 65-34,173 Annual report.
  • 65-34,174 Severability.
  • 65-34,175 Environmental stewardship fund; expenditures.
  • 65-34,176 Risk management program act; risk management fund, expenditures; rules and regulations.
  • 65-34,177 Contaminated property redevelopment act; citation of act.
  • 65-34,178 Same; definitions.
  • 65-34,179 Same; eligibility.
  • 65-34,180 Same; requirements by the department.
  • 65-34,181 Same; fees.
  • 65-34,182 Same; modification of CELR.
  • 65-34,183 Same; department remedies for providing fraudulent information.
  • 65-34,184 Same; contaminated property redevelopment fund.
  • 65-34,185 Same; rules and regulations.
  • 65-34,186 Same; remedies.
• Article 34a.—CENTRAL INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT
  • Attorney General's Opinions:

    Consequences of compact membership. 87-43.

    Central interstate low-level radioactivity waste compact; state liability. 90-34.

  • 65-34a01 Central interstate low-level radioactive waste compact.
  • 65-34a01a Same; effective date.
  • 65-34a02 Central interstate low-level radioactive waste compact; Kansas representative and alternate; compensation and expenses; staff assistance.
  • 65-34a03 Repealed.
  • 65-34a04 Same; corporation commission designated agency for rate review.
• Article 35.—LICENSURE OF ADULT CARE HOME ADMINISTRATORS
  • Cross References to Related Sections:

    Licensure of adult care homes, see chapter 39, article 9.

    Law Review and Bar Journal References:

    "Nursing Home Tort Litigation," Michael E. Callen, Vol. X, No. 1, J.K.T.L.A. 17 (1986).

  • 65-3501 Definitions.
  • 65-3502 Adult care home administrator's license required; temporary licenses, limitation.
  • 65-3503 Duties of board of adult care home administrators; criminal history record information.
  • 65-3504 Qualifications for admission to examination.
  • 65-3505 Renewal of license; application, fee and evidence; reinstatement of license, fee; reciprocal relations with other states.
  • 65-3506 Board of adult care home administrators; appointment of members; qualifications; term of office; meetings; final orders; compensation and expenses.
  • 65-3507 Transfer to board of powers, duties and functions relating to licensure and registration of administrators.
  • 65-3508 Denial, revocation or suspension of license or temporary license or reprimand, censure or other discipline of adult care home administrator; grounds.
• Article 36.—MARIJUANA CONTROL
  • 65-3601, 65-3602 Repealed.
  • 65-3603 Repealed.
  • 65-3604 through 65-3606 Repealed.
  • 65-3607 Steering committee abolished.
• Article 37.—HUMAN BLOOD
  • Cross References to Related Sections:

    Eligibility to donate blood, see 38-123a.

  • 65-3701 Human blood; nature of supplying; liability.
• Article 38.—SAFETY MATERIALS
  • Cross References to Related Sections:

    Hazardous household articles, see 65-2701 through 65-2704.

  • 65-3801 Safety glazing materials; definitions.
  • 65-3802 Same; labeling; information.
  • 65-3803 Same; unlawful acts.
  • 65-3804 Same; penalty; exception to liability.
  • 65-3805, 65-3806 Repealed.
• Article 39.—RESERVED
• Article 40.—ALCOHOLISM AND INTOXICATION TREATMENT
  • Revisor's Note:

    Care and treatment of alcohol abuse in certain state institutions discontinued, see 76-12a30 et seq.

    Cross References to Related Sections:

    Pedestrians under influence of alcohol or drugs, see 8-1543.

    Consumption of alcoholic liquor in public places prohibited, see 41-719.

    Kansas citizens' committee on alcohol and other drug abuse, 75-5381 et seq.

    Law Review and Bar Journal References:

    "The 1986 Kansas Involuntary Commitment Statute: Is Easier Necessarily Better?" Warren F. Frost, Ryan E. Karaim, 26 W.L.J. 131, 147 (1987).

    Attorney General's Opinions:

    County attorney; representation in alcoholism treatment petitions; change of venue; costs. 88-28.

    Licensees of behavioral sciences regulatory board providing addictions counseling must be licensed as treatment facility. 2006-23.

  • 65-4001 Purpose of act.
  • 65-4002 Repealed.
  • 65-4003 Repealed.
  • 65-4003a through 65-4003c Repealed.
  • 65-4003d Repealed.
  • 65-4004 Repealed.
  • 65-4005 Repealed.
  • 65-4006 Powers of secretary.
  • 65-4007 Duties of secretary.
  • 65-4008 Repealed.
  • 65-4009 Repealed.
  • 65-4010 Repealed.
  • 65-4011 Duties of secretary; comprehensive program for treatment; regional organization; list of approved treatment facilities.
  • 65-4012 Licensure of treatment facilities.
  • 65-4013 Application for license; rules and regulations; fees.
  • 65-4014 Issuance or renewal of license; fees; term of license; rules and regulations.
  • 65-4015 Denial, suspension or revocation of license; notice and hearing; judicial review.
  • 65-4016 Rules and regulations; selection of employees.
  • 65-4017 Time for compliance with rules, regulations and standards.
  • 65-4018 Inspections and investigations; rules and regulations concerning facility alteration or construction; preliminary inspections; consultations.
  • 65-4019 Information confidential.
  • 65-4020 Repealed.
  • 65-4021 Repealed.
  • 65-4022 Repealed.
  • 65-4023 Injunction.
  • 65-4024 Acceptance for treatment; rules and regulations; standards.
  • 65-4024a Definitions.
  • 65-4024b Remittance of moneys received from licensing fees.
  • 65-4024c Rules and regulations; authority of secretary validated.
  • 65-4024d Citation of act.
  • 65-4025 Repealed.
  • 65-4026 Repealed.
  • 65-4027 Repealed.
  • 65-4028 Repealed.
  • 65-4029 Repealed.
  • 65-4030 Repealed.
  • 65-4031 Repealed.
  • 65-4032 Repealed.
  • 65-4033 Repealed.
  • 65-4034 Repealed.
  • 65-4035 Repealed.
  • 65-4036, 65-4037 Repealed.
  • 65-4038 Repealed.
  • 65-4039 Repealed.
  • 65-4040 Repealed.
  • 65-4041 Repealed.
  • 65-4042 Repealed.
  • 65-4043 Repealed.
  • 65-4044 Repealed.
  • 65-4045 Repealed.
  • 65-4046 Repealed.
  • 65-4047 Repealed.
  • 65-4048 Repealed.
  • 65-4049 Repealed.
  • 65-4050 Repealed.
  • 65-4051, 65-4052 Repealed.
  • 65-4053 Repealed.
  • 65-4054 Repealed.
  • 65-4055 Repealed.
  • 65-4056 Repealed.
  • 65-4057, 65-4058 Repealed.
  • 65-4059 Cities and counties prohibited from adopting certain enactments relating to intoxicated persons; exceptions.
  • 65-4060 County alcohol and drug program; creation; procedure; levy.
• Article 41.—CONTROLLED SUBSTANCES
  • Source or prior law:

    65-2501 through 65-2519a, 65-2521, 65-2522, 65-2601 through 65-2607.

    Cross References to Related Sections:

    Examination and treatment of minors for drug abuse, misuse or addiction, see 65-2892a.

    Law Review and Bar Journal References:

    "Survey of Kansas Law: Criminal Law," Robert A. Wason, 32 K.L.R. 395, 414, 415 (1984).

    "Packing Heat: The Personal and Family Protection Act," Mary D. Feighny, 76 J.K.B.A. No. 4, 21 (2007).

  • UNIFORM CONTROLLED SUBSTANCES ACT

    65-4101 Definitions.
  • 65-4101a Repealed.
  • 65-4101b Repealed.
  • 65-4101c Repealed.
  • 65-4101d Repealed.
  • 65-4102 Board of pharmacy to administer act; rules and regulations; authority to control; report to speaker of house and president of senate on substances proposed for scheduling, rescheduling or deletion; scheduling of the controlled substance analog or new drug.
  • 65-4103 Nomenclature.
  • 65-4104 Repealed.
  • 65-4105 Substances included in schedule I.
  • 65-4105a Repealed.
  • 65-4105b Repealed.
  • 65-4106 Repealed.
  • 65-4107 Substances included in schedule II.
  • 65-4108 Repealed.
  • 65-4109 Substances included in schedule III.
  • 65-4110 Repealed.
  • 65-4111 Substances included in schedule IV.
  • 65-4111a Repealed.
  • 65-4112 Repealed.
  • 65-4113 Substances included in schedule V.
  • 65-4114 Repealed.
  • 65-4115 Fees.
  • 65-4116 Registration requirements, exceptions; termination of registration.
  • 65-4117 Registration.
  • 65-4118 Revocation and suspension of registration.
  • 65-4119 Denial, suspension, revocation or refusal to renew registration; order to show cause.
  • 65-4120 Judicial review of board's actions.
  • 65-4121 Registrants to keep records and inventories.
  • 65-4122 Order forms for distribution of substances in schedules I and II.
  • 65-4123 Dispensing of controlled substances; oral, written or electronic prescriptions; limitations on refilling; prescription recordkeeping requirements.
  • 65-4123a Gratuitous distribution of certain controlled substances prohibited.
  • 65-4124 through 65-4126 Repealed.
  • 65-4127 Repealed.
  • 65-4127a Repealed.
  • 65-4127b Repealed.
  • 65-4127c General penalties; criminal penalties not applicable to violations of regulations.
  • 65-4127d Repealed.
  • 65-4127e Sentencing under K.S.A. 65-4127a and 65-4127b; substances and quantities; crimes committed prior to July 1, 1993.
  • 65-4127f Repealed.
  • 65-4127g Repealed.
  • 65-4128 Penalties in addition to remedies under other laws.
  • 65-4129 Repealed.
  • 65-4130 Enforcement.
  • 65-4131 Inspection.
  • 65-4132 Injunctions.
  • 65-4133 Search warrant procedure.
  • 65-4134 Identity of patient or research subject of practitioner confidential.
  • 65-4135 Repealed.
  • 65-4136 Repealed.
  • 65-4137 Pending proceedings.
  • 65-4138 Medical care facility exemption.
  • 65-4139 Citation of act.
  • 65-4140 Severability.
  • 65-4141 Repealed.
  • 65-4142 Repealed.
  • 65-4143 through 65-4149 Reserved.

  • DRUG PARAPHERNALIA

    65-4150 Repealed.
  • 65-4151 Repealed.
  • 65-4152 Repealed.
  • 65-4153 Repealed.
  • 65-4154 Repealed.
  • 65-4155 Repealed.
  • 65-4156 Repealed.
  • 65-4157 Severability of provisions of act.
  • 65-4158 Repealed.
  • 65-4159 Repealed.
  • 65-4159a Repealed.
  • 65-4160 Repealed.
  • 65-4161 Repealed.
  • 65-4162 Repealed.
  • 65-4163 Repealed.
  • 65-4164 Repealed.
  • 65-4165 Repealed.
  • 65-4166 Repealed.
  • 65-4167 Trafficking in counterfeit drugs.
  • 65-4168 Repealed.
  • 65-4168a Repealed.
  • 65-4169 Severability clause.
  • 65-4170 Reserved.

  • FORFEITURE; PROCEDURE

    65-4171 Repealed.
  • 65-4172 Repealed.
  • 65-4173 Repealed.
  • 65-4174, 65-4175 Repealed.
• Article 42.—EXAMINATION, LICENSURE AND REGULATION OF MENTAL HEALTH TECHNICIANS
  • 65-4201 Citation of act.
  • 65-4202 Definitions.
  • 65-4203 Licensure of mental health technicians; application; qualifications; examination; refresher course; temporary permits; exempt license; rules and regulations.
  • 65-4204 Title and abbreviations.
  • 65-4205 Renewal of license; application; fees; continuing education; renewal of lapsed license; notification of change in name or address or criminal conviction.
  • 65-4206 Approved courses of mental health technology; standards; qualifications; providers of continuing education offerings.
  • 65-4207 List of approved courses; survey of proposed course and institution; resurvey; notice to deficient institution; removal from list; records.
  • 65-4208 Fees.
  • 65-4209 Grounds for disciplinary actions; proceedings; witnesses; costs; professional incompetency defined; criminal history record information.
  • 65-4210 Disciplinary proceedings; complaint; notice and hearing.
  • 65-4211 Judicial review.
  • 65-4212 Exclusions.
  • 65-4213 Injunctions.
  • 65-4214 Violations; penalties.
  • 65-4215 Practice of medicine not authorized.
  • 65-4216 Report of certain actions of mental health technician; persons required to report; medical care facility which fails to report subject to civil fine; definitions.
  • 65-4217 Immunity from liability in civil actions for reporting, communicating or investigating certain information.
• Article 43.—EMERGENCY MEDICAL SERVICES (Not in active use)
  • Revisor's Note:

    For later act, see 65-6101 et seq.

    Cross References to Related Sections:

    Purchase, repair or replacement of ambulance equipment, cities, see 12-110a, 12-110b.

    Emergency care or assistance at scene of accident, see 65-2891.

  • 65-4301 Repealed.
  • 65-4302 Repealed.
  • 65-4303 through 65-4305 Repealed.
  • 65-4306 Repealed.
  • 65-4306a Repealed.
  • 65-4306b through 65-4306d Repealed.
  • 65-4307 Repealed.
  • 65-4308 Repealed.
  • 65-4309 Repealed.

  • OFFICE OF EMERGENCY MEDICAL SERVICES

    65-4310 through 65-4313 Repealed.
  • 65-4314 Repealed.
  • 65-4315 Repealed.
  • 65-4316 Repealed.
  • 65-4317 Repealed.
  • 65-4318 Repealed.
  • 65-4319 Repealed.
  • 65-4320 Repealed.
  • 65-4321 Repealed.
  • 65-4322 Repealed.
  • 65-4323 Repealed.
  • 65-4324 Repealed.
  • 65-4324a Repealed.
  • 65-4325 Repealed.
  • 65-4325a Repealed.
  • 65-4326 Repealed.
  • 65-4327 Repealed.
  • 65-4328 Repealed.
  • 65-4329 through 65-4331 Repealed.
  • 65-4332 through 65-4334 Expired.
  • 65-4335 Expired.
  • 65-4336 Expired.
  • 65-4337 Expired.
  • 65-4338 Expired.
  • 65-4339 through 65-4348 Repealed.
• Article 44.—COMMUNITY MENTAL HEALTH AND INTELLECTUAL DISABILITY ASSISTANCE
  • Cross References to Related Sections:

    Mental health centers and facilities for persons with intellectual disabilities, see chapter 19, article 40.

    Mental health clinics, see 65-211 et seq.

    Licensing of psychiatric hospitals and facilities, see 75-3307b.

    Mental health technicians, regulation of, see chapter 65, article 42.

  • MENTAL HEALTH ASSISTANCE

    65-4401 Repealed.
  • 65-4402 Repealed.
  • 65-4403 through 65-4405 Repealed.
  • 65-4406 Repealed.
  • 65-4407, 65-4408 Repealed.

  • MENTAL RETARDATION ASSISTANCE

    65-4411 Citation of act.
  • 65-4412 Definitions.
  • 65-4413 State participation in financing; grants, computation of amounts; rules and regulations; payments, when; proration of insufficient funds.
  • 65-4414 Minimum grant amounts, certain facilities; proration, when.
  • 65-4415 Administration, powers and duties of secretary; duplication of programs, effect; consultative services for community facilities; over- and under-payments.
  • 65-4416 through 65-4430 Reserved.
  • 65-4431 Citation of act.
  • 65-4432 Definitions.
  • 65-4433 State participation in financing mental health centers; purpose.
  • 65-4434 Grants; computation of amounts; proration of moneys; purchase of services; payments; basic level of services; governing body or local advisory committee.
  • 65-4435 Special purpose grants; additional local effort funding defined.
  • 65-4436 Defunct mental health center; use of moneys for special purpose grants.
  • 65-4437 Overpayment or underpayment of moneys; procedure.
  • 65-4438 Secretary to provide consultative staff services to mental health centers.
  • 65-4439 Application by governing board; annual budget and report.
  • 65-4440 Withdrawal of funds from facility, when.
  • 65-4441 Notice of new programs; duplication of programs, effect.
  • 65-4442 Rules and regulations.
• Article 45.—CERTIFICATION OF OPERATORS OF WATER SUPPLY SYSTEMS AND WASTEWATER TREATMENT FACILITIES
  • Cross References to Related Sections:

    Permit for discharge of sewage, see 65-165.

    Permit to supply water, see 65-163.

    Water pollution control, see chapter 65, article 33.

  • 65-4501 Definitions.
  • 65-4502 Powers and duties of the secretary; establishment of certification program.
  • 65-4503 Certification of certain persons without examination.
  • 65-4504 Reciprocal certification agreements.
  • 65-4505 Classification of systems and facilities; criteria.
  • 65-4506 Certification; correspondence course in lieu of classroom instruction; fee.
  • 65-4507 Revocation of certificate; grounds.
  • 65-4508 Denial, revocation or suspension of certificate; hearing.
  • 65-4509 Judicial review of secretary's actions.
  • 65-4510 Certification of operators required by July 1, 1976.
  • 65-4511 Certification of new employees required within one year.
  • 65-4512 Rules and regulations of the secretary.
  • 65-4513 Fees.
  • 65-4514 Disposition of moneys; certification of operators of water supply systems and wastewater treatment facilities fee fund abolished.
  • 65-4515 Necessary personnel and expenditures; assistance for owners of small systems and facilities.
  • 65-4516 Certification; unlawful acts.
  • 65-4517 Penalties.
• Article 46.—DRUG ABUSE TREATMENT FACILITIES
  • Revisor's Note:

    Care and treatment of drug abuse in certain state institutions discontinued, see 76-12a30 et seq.

    Cross References to Related Sections:

    Drug abuse and prevention, see 75-5375 et seq.

  • 65-4601, 65-4602 Repealed.
  • 65-4603 Repealed.
  • 65-4604 Repealed.
  • 65-4605 Repealed.
  • 65-4606 Repealed.
  • 65-4607, 65-4608 Repealed.
  • 65-4609 Repealed.
  • 65-4610 Repealed.
  • 65-4611 Repealed.
• Article 47.—HEALTH PLANNING AND DEVELOPMENT ACT (Not in active use)
  • CASE ANNOTATIONS

    1. Cited in holding that court cannot try case de novo in review of denial of certificate of need. Kansas Dept. of Health & Environment v. Banks, 230 Kan. 169, 171, 630 P.2d 1131 (1981).

    2. Mentioned; judicial review, in certificate of need cases, is of K.C.C. order, not K.D.H.E. order. In re Bethany Medical Center, 230 Kan. 201, 203, 630 P.2d 1120 (1981).

    3. KCC erred in not making adequate findings of fact supporting reversal of KDHE denial of certificate of need application. In re Providence—St. Margaret Health Center, 232 Kan. 787, 659 P.2d 199 (1983).

    4. Cited; review of administrative decisions of KDHE and discussion regarding certificates of need. In re Certif. of Need App. by Community Psychiatric Centers, Inc., 234 Kan. 802, 803, 806, 807, 676 P.2d 107 (1984).

  • 65-4701 Repealed.
  • 65-4702 Repealed.
  • 65-4703, 65-4704 Repealed.
  • 65-4705 Repealed.
  • 65-4706 Repealed.
  • 65-4707, 65-4708 Repealed.
  • 65-4709 Repealed.
  • 65-4710, 65-4711 Repealed.
  • 65-4712 through 65-4716 Repealed.
  • 65-4717 Repealed.
  • 65-4718 Repealed.
  • 65-4719 Repealed.
  • 65-4720 Repealed.
  • 65-4721 Repealed.
  • 65-4722 Repealed.
  • 65-4723 Repealed.
  • 65-4724, 65-4725 Repealed.
  • 65-4726 Repealed.
  • 65-4727 Repealed.
  • 65-4728 through 65-4730 Repealed.
  • 65-4731 Repealed.
  • 65-4732 Repealed.
  • 65-4733 Repealed.
  • 65-4734 Repealed.
• Article 48.—HEALTH FACILITIES (Not in active use)
  • Cross References to Related Sections:

    Adult care homes, licensing, see 39-923 et seq.

    Alcoholism treatment facilities, licensing, see 65-4001 et seq.

    Drug abuse treatment facilities, licensing, see 65-4601 et seq.

    Family planning centers, see 23-501, 23-502.

    Health maintenance organizations, see 40-3201 et seq.

    Medical care facilities, licensing, see 65-425 et seq.

    Mental health facilities and facilities for persons with intellectual disabilities, licensing, see 75-3307b.

    CASE ANNOTATIONS

    1. Cited; court cannot try case de novo in review of denial of certificate of need. Kansas Dept. of Health & Environment v. Banks, 230 Kan. 169, 171, 630 P.2d 1131 (1981).

    2. Determination of whether appeal from order in a certificate of need proceeding is to KCC or district court; held appeal is direct to district court. Olathe Community Hospital v. Kansas Corporation Comm'n, 232 Kan. 161, 162, 163, 652 P.2d 726 (1982).

    3. KCC erred in not making adequate findings of fact supporting reversal of KDHE denial of certificate of need application. In re Providence—St. Margaret Health Center, 232 Kan. 787, 793, 659 P.2d 199 (1983).

    4. Neither trial court nor appellate court permitted to try de novo KDHE administrative decision. In re Certif. of Need App. by Community Psychiatric Centers, Inc., 234 Kan. 802, 803, 806, 676 P.2d 107 (1984).

  • 65-4801 Repealed.
  • 65-4802 Repealed.
  • 65-4803 Repealed.
  • 65-4804 Repealed.
  • 65-4805 Repealed.
  • 65-4806 Repealed.
  • 65-4807 Repealed.
  • 65-4808 Repealed.
  • 65-4809 Repealed.
  • 65-4810 Repealed.
  • 65-4811 Repealed.
  • 65-4812 Repealed.
  • 65-4813 Repealed.
  • 65-4814 Repealed.
  • 65-4815 Repealed.
  • 65-4816 Repealed.
  • 65-4817 Repealed.
  • 65-4818 Repealed.
  • 65-4819 Repealed.
  • 65-4820 Repealed.
  • 65-4821 Repealed.
  • 65-4822 Repealed.
• Article 49.—HEALTH CARE PROVIDERS
  • Cross References to Related Sections:

    Attorney fees in actions against health care providers, see 7-121b.

    Reports to insurance commissioner of claims or actions against health care providers, see 40-1126 et seq.

    Liability insurance, health care stabilization fund, see 40-3401 et seq.

    Limitation of actions, see 60-513, 60-513b, 60-515.

    Judgments in damage action for acts or omissions of health care providers, installment or periodic payments, see 60-2609.

    Emergency care or assistance at scene of accident, see 65-2891.

    Law Review and Bar Journal References:

    "Recent Legislation: The Kansas Approach to Medical Malpractice," Nancy Neal Scherer and Robert P. Scherer, 16 W.L.J. 395, 402 (1977).

    "Medical Malpractice Legislation: The Kansas Response to the Medical Malpractice Crisis," Karen Wedel and Jerome Weber, 23 W.L.J. 566, 569, 584, 585, 586 (1984).

    "The Collateral Source Rule—The American Medical Association and Tort Reform," Banks McDowell, 24 W.L.J. 205, 216 (1985).

    "Medical Malpractice in the 1990s: A Review of Changes in the Last Decade," Michael Sexton and Mark Sachse, J.K.T.L.A. Vol. XV, No. 4, 10, 11 (1992).

  • MEDICAL MALPRACTICE SCREENING PANELS

    65-4901 Medical malpractice screening panels; convening; selection of members; list of health care providers maintained by state agency.
  • 65-4902 Same; notice to parties; designation or selection of health care provider.
  • 65-4903 Convening of panel; notice; findings; notice, organization and conduct of meetings; rules by supreme court; meetings held in camera.
  • 65-4904 Recommendations on issue; concurring and dissenting opinions; notice to parties; copy of opinion to judge; admissibility of screening panel's report and subpoena of panel members in subsequent legal proceedings.
  • 65-4905 Rejection by one or more parties; court action.
  • 65-4906 Immunity of screening panel from damages, when.
  • 65-4907 Compensation of panel members; assessment of costs.
  • 65-4908 Filing memorandum request for panels to toll statute of limitations, when.
  • 65-4909 Limited liability for certain associations of health care providers, review organizations, committee members and individuals or entities acting at request thereof; good faith requirement; "health care provider" defined.
  • 65-4910 through 65-4913 Expired.

  • HEALTH CARE AND PEER REVIEW

    65-4914 Public policy relating to provision of health care.
  • 65-4915 Peer review; healthcare providers, services and costs; definitions; authority of peer review officer or committee; records and testimony of information contained therein privileged; licensing agency disciplinary proceedings; exceptions.
  • 65-4916 Severability of act.
  • 65-4917 through 65-4920 Reserved.

  • RISK MANAGEMENT

    65-4921 Definitions.
  • 65-4922 Medical care facilities; risk management program required; submission of plan; inspections and investigations; approval of plan; reports and records confidential.
  • 65-4923 Reporting requirements.
  • 65-4924 Reports relating to impaired providers; procedures.
  • 65-4925 Reports, records and proceedings confidential and privileged; licensing agency disciplinary proceedings.
  • 65-4926 Immunity from civil liability for report or investigation, limits.
  • 65-4927 Failure to report; remedies; immunity from civil liability.
  • 65-4928 Employer retribution for reporting; prohibition; remedy.
  • 65-4929 Purpose of risk management programs; status of entities conducting programs; antitrust immunity.
  • 65-4930 Act supplemental to existing law.
  • 65-4931 through 65-4940 Reserved.

  • DO NOT RESUSCITATE ORDERS OR DIRECTIVES

    65-4941 Do not resuscitate orders or directives; definitions.
  • 65-4942 Same; form.
  • 65-4943 Same; requirements of form.
  • 65-4944 Same; immunity from liability.
  • 65-4945 Same; existing documents, compliance with act.
  • 65-4946 Same; DNR identifier; duties of emergency medical services board; rules and regulations.
  • 65-4947 Same; validity of DNR order during transport of patient.
  • 65-4948 Same; rules and regulations.
  • 65-4949 through 65-4954 Reserved.

  • HEALTH CARE PROVIDER COOPERATION

    65-4955 Health care provider cooperation act; legislative findings; protection of public.
  • 65-4956 Same; definitions.
  • 65-4957 Same; cooperative agreements; application for certificate of public advantage; application fees; issuance of certificate of public advantage, when; evaluation of cooperative agreement; amendment of approved agreement.
  • 65-4958 Same; annual review of approved cooperative agreement; proceedings to terminate certificate of public advantage.
  • 65-4959 Same; file of cooperative agreements for which certificates of public advantage are in effect; notice of termination.
  • 65-4960 Same; cooperative agreement for which certificate of public advantage issued is lawful agreement; negotiating and entering into cooperative agreement is lawful conduct; application of act; effect of provisions of cooperative agreement.
  • 65-4961 Same; advisory committee of health care providers created.
  • 65-4962 through 65-4964 Reserved.

  • CONTACT LENS PRESCRIPTION RELEASE ACT

    65-4965 Citation of act.
  • 65-4966 Patient entitled to receive copy of contact lens prescription; disclosures; prescription limitations.
  • 65-4967 Definition of person dispensing contact lenses for purposes of section; persons mailing or delivering contact lenses to patients in Kansas; registration requirements; fees; temporary suspension or limitation of registration; emergency proceedings; moneys remitted to state board of healing arts.
  • 65-4968 Revocation of registration or license for failure to comply with requirements of act; civil fines for violations; disposition of moneys; injunction remedy for violations; enforcement of act.
  • 65-4969 Contact lens advisory council established; membership on council; expenses of members.
  • 65-4970 Repealed.
  • 65-4971 Repealed.
  • 65-4972 Repealed.
  • 65-4973 Repealed.
  • 65-4974 Research protocols; informed consent of adults and emancipated minors.

  • PAIN PATIENT'S QUALITY OF CARE

    65-4975 Pain patient's quality of care act.
  • 65-4976 Legislative findings on pain treatment.
  • 65-4977 Persons suffering from pain; use of controlled substances for pain treatment.
  • 65-4978 Medical retainer agreement; definitions; requirements; notice.
• Article 50.—CREDENTIALING
  • Attorney General's Opinions:

    Practice of optometry; opticians fitting contact lenses. 88-169.

    Health care professionals; professional counselors; credentialing; definitions for registration and licensure. 92-99.

  • 65-5001 Credentialing health care personnel; definitions.
  • 65-5002 Same; credentialing applications; fees.
  • 65-5003 Same; appointment of technical committee; hearings; evidence; criteria; findings; recommendations and report.
  • 65-5004 Repealed.
  • 65-5005 Same; review of reports by secretary; recommendations of secretary; final report to legislature.
  • 65-5006 Same; credentialing criteria.
  • 65-5007 Same; criteria applicable to levels of credentialing regulation.
  • 65-5008 Same; periodic review of credentialing status of health care personnel.
  • 65-5009 Same; records; duties of secretary; rules and regulations; compensation of members of technical committee.
  • 65-5010 Same; title of act.
  • 65-5011 Application of act to certain credentialing applications.
• Article 51.—HOME HEALTH AGENCIES
  • 65-5101 Definitions.
  • 65-5102 Home health agencies required to be licensed; temporary license; penalty for violation.
  • 65-5103 Application for license; annual fee.
  • 65-5104 Issuance of license; grounds for suspension or revocation; annual report and annual fee; posting; not transferable or assignable; temporary operating permit; statistical reports; reciprocal agreements with bordering states.
  • 65-5105 Survey inspections.
  • 65-5106 Same; written report; list of deficiencies; exit interview; copies of report.
  • 65-5107 Complaint against home health agency; investigation and hearing; notice.
  • 65-5108 Refusal to issue, suspension or revocation of license; grounds; hearing.
  • 65-5109 Rules and regulations; application.
  • 65-5110 Expired.
  • 65-5111 Injunction to restrain violations.
  • 65-5112 Act not applicable to certain individuals or organizations.
  • 65-5113 Disposition of moneys.
  • 65-5114 Violation of act; misdemeanor.
  • 65-5115 Home health aides; requirements for employment; instruction and examination; examination fee, disposition.
  • 65-5116 Unlicensed employees prohibited from prefilling insulin syringes; penalty.
  • 65-5117 Home health agency; definitions; operation precluded, when; access of secretary of health and environment and secretary for aging and disability services to certain records; background check of employees, civil liability, fee for information request; provision of criminal history record information by secretary; licensed or registered professional service providers, volunteers and certain employees exempt; disqualification for employment; waiver and criteria; rules and regulations; report of convictions and adjudications by the Kansas bureau of investigation; submission of fingerprints, cost.
• Article 52.—TREATMENT OF DRUG ABUSERS (Not in active use)
  • 65-5201 Repealed.
  • 65-5202 Repealed.
  • 65-5203 Repealed.
  • 65-5204 through 65-5206 Repealed.
  • 65-5207 Repealed.
  • 65-5208 Repealed.
  • 65-5209 Repealed.
  • 65-5210 through 65-5213 Repealed.
  • 65-5214 Repealed.
  • 65-5215 through 65-5217 Repealed.
  • 65-5218 Repealed.
  • 65-5219, 65-5220 Repealed.
  • 65-5221, 65-5222 Repealed.
  • 65-5223 through 65-5225 Repealed.
  • 65-5226 through 65-5228 Repealed.
  • 65-5229 Repealed.
  • 65-5230 through 65-5233 Repealed.
• Article 53.—ASBESTOS CONTROL
  • Cross References to Related Sections:

    Municipalities, issuance of bonds for asbestos control, see 12-5401.

    Law Review and Bar Journal References:

    "Residential Asbestos: The Personal Environment," Victor A. Bergman, J.K.T.L.A. Vol. XV, No. 5, 14, 17 (1992).

    "Asbestos and the Lease, Sale and Remodeling of Commercial Property," Carl F. Krauss and Richard F. Chatfield-Taylor, J.K.T.L.A. Vol. XVIII, No. 1, 21, 23 (1994).

  • 65-5301 Definitions.
  • 65-5302 Asbestos projects; license required; exemptions.
  • 65-5303 Administration of act; duties of secretary; license fees; inspections; rules and regulations.
  • 65-5304 Licensure of business entities; qualifications; requirements.
  • 65-5305 Same; application; form; requirements; fee.
  • 65-5306 Same; term; renewal.
  • 65-5307 Records of asbestos projects required, contents; notification of secretary.
  • 65-5308 Repealed.
  • 65-5309 Schedule of fees; disposition of moneys.
  • 65-5310 Denial, suspension or revocation of license; notice and hearing; appeals; temporary suspension.
  • 65-5311 Waiver of license requirement, when; alternative requirements.
  • 65-5312 State agencies and political subdivisions; bid acceptance requirements; compliance with act.
  • 65-5313 Violations; criminal penalties.
  • 65-5314 Same; civil penalties; appeal and review; disposition of moneys recovered.
  • 65-5315 Injunctions.
  • 65-5316 Asbestos remediation fund established; disposition of moneys collected pursuant to the act.
• Article 54.—OCCUPATIONAL THERAPY
  • 65-5401 Citation of act.
  • 65-5402 Definitions.
  • 65-5403 Administration of act by state board of healing arts.
  • 65-5404 Occupational therapist council established; appointment of members; compensation.
  • 65-5405 Duties of board.
  • 65-5406 Application for licensure; requirements.
  • 65-5407 Examinations.
  • 65-5408 Waiver of examination and other requirements; when waived; temporary license.
  • 65-5409 Fees.
  • 65-5410 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; procedure; reinstatement; penalties.
  • 65-5411 Foreign trained occupational therapists and occupational therapy assistants; requirements.
  • 65-5412 Expiration of license; renewal; suspension; reinstatement; fees.
  • 65-5413 Moneys received by board; disposition; healing arts fee fund.
  • 65-5414 Representation as occupational therapist or occupational therapy assistant; prohibitions; misdemeanor.
  • 65-5415 Injunction.
  • 65-5416 State agency adjudicative proceedings and judicial review; conduct.
  • 65-5417 Invalidity of part.
  • 65-5418 Construction of occupational therapy practice act and practice of occupational therapy.
  • 65-5419 Supervision of persons providing supportive services; supervision requirements.
  • 65-5420 Registration deemed to be licensure on effective day of act.
  • 65-5421 Licensed occupational therapist ownership limitations in professional corporations.
  • 65-5422 Occupational therapy services without healthcare practitioner referral; when permitted; limitations.
  • 65-5423 Professional liability insurance required.
• Article 55.—RESPIRATORY THERAPY
  • 65-5501 Citation of act.
  • 65-5502 Definitions.
  • 65-5503 Administration of act by state board of healing arts.
  • 65-5504 Respiratory care council established; appointment of members; compensation.
  • 65-5505 Duties of board.
  • 65-5506 Application for licensure; requirements; rules and regulations criteria for educational programs.
  • 65-5507 Examinations.
  • 65-5508 Waiver of examination and other requirements; when waived; special permits; temporary license.
  • 65-5509 Fees.
  • 65-5510 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; discipline; civil fines; procedure; reinstatement.
  • 65-5511 Foreign trained respiratory therapists; requirements.
  • 65-5512 Expiration of license; failure to renew; renewal; suspended license; fees.
  • 65-5513 Moneys received by board; disposition; healing arts fee fund.
  • 65-5514 Representation as respiratory therapist; prohibitions; misdemeanor; exclusions from the practice of respiratory therapy.
  • 65-5515 Injunction.
  • 65-5516 State agency adjudicative proceedings and judicial review; conduct.
  • 65-5517 Invalidity of part.
• Article 56.—CONFIDENTIAL COMMUNICATIONS AND INFORMATION
  • Law Review and Bar Journal References:

    "Prohibiting Ex Parte Contacts with Treating Physicians in Kansas," Patrick R. Nichols, J.K.T.L.A. Vol. XV, No. 3, 11, 16 (1992).

  • 65-5601 Definitions.
  • 65-5602 Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications; extent of privilege; persons who may claim privilege; persons to which confidential communications extend.
  • 65-5603 Exceptions to privilege.
  • 65-5604 Interpretation of act; rules of discovery not to take precedence over act.
  • 65-5605 Violations; misdemeanor.
• Article 57.—EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
  • Cross References to Related Sections:

    Drinking water, emergency plans, see 65-171n.

    Emergency preparedness for disasters, see 48-904 et seq.

    Hazardous waste, see 65-3430 et seq.

    Kansas chemigation safety law, see 2-3301 et seq.

    Attorney General's Opinions:

    State emergency response commission; local planning districts; Kansas turnpike. 89-56.

    Responsibilities, duties, powers and liabilities of the state, county and local emergency preparedness committees under state and federal law. 95-75.

  • 65-5701 Citation of act.
  • 65-5702 Definitions.
  • 65-5703 State emergency response commission created; membership; terms; compensation and expenses; duties.
  • 65-5703a Repealed.
  • 65-5704 Duties of secretary of health and environment; rules and regulations; fees, limitations; Kansas right-to-know fee fund.
  • 65-5705 Duties of adjutant general; rules and regulations; fees.
  • 65-5706 Interagency agreement.
  • 65-5707 Provisions of federal act adopted; application; submission of lists of chemicals and material safety data sheets.
  • 65-5708 Orders to comply with certain requirements; enforcement; civil penalties; action by health care professional to obtain information; disposition of moneys from civil penalties.
  • 65-5709 Penalty for violation.
  • 65-5710 Severability.
  • 65-5711 Inspection of premises and records for determination of compliance with act.
  • 65-5712 through 65-5720 Reserved.
  • 65-5721 Commission on emergency planning and response; establishment; members; terms, compensation and expenses.
  • 65-5722 Same; powers and duties.
  • 65-5723 Emergency response commission abolished; powers and duties transferred; orders and directives continued in effect until superseded.
  • 65-5724 Commission on emergency planning and response successor to emergency response commission; force and effect of acts.
  • 65-5725 Powers and duties of secretary of health and environment transferred to adjutant general.
  • 65-5726 Rules and regulations, orders and directives continued in effect until superseded.
  • 65-5727 Adjutant general successor to secretary of health and environment; force and effect of acts.
  • 65-5728 Duties and powers of adjutant general and secretary of health and environment transferred to commission on emergency planning and response; rules and regulations and orders and directives continued in effect until superseded.
  • 65-5729 Commission on emergency planning and response successor to powers and duties; force and effect of acts.
  • 65-5730 Transfer of property and records; resolution of conflicts.
  • 65-5731 Rights preserved in legal actions and proceedings.
  • 65-5732 Kansas right-to-know fee fund, creation of; secretary of health and environment; administration and uses of fund.
  • 65-5733 State interoperability advisory committee; organization; duties.
• Article 58.—PROFESSIONAL COUNSELORS
  • Cross References to Related Sections:

    Behavioral sciences regulatory board, see chapter 74, article 75.

    Masters level psychologists, see 74-5361 et seq.

    Psychologists, see 74-5301 et seq.

    Social workers, see 65-6301 et seq.

    Marriage and family therapists, see 65-6401 et seq.

    Attorney General's Opinions:

    Professional counselors; diagnosis and treatment of mental illness or disease. 89-80.

    Professional counselors; registration requirements. 89-126.

    Health care professionals; professional counselors; credentialing; definitions for registration and licensure. 92-99.

  • 65-5801 Citation of act.
  • 65-5802 Definitions.
  • 65-5803 Licensure required prior to certain acts and representations; violations misdemeanor.
  • 65-5804 Repealed.
  • 65-5804a Application for licensure; requirements; practice of licensed clinical professional counselor; approval of colleges or universities, criteria; temporary license; community-based professional counselor license.
  • 65-5805 Repealed.
  • 65-5806 Licensure; expiration and renewal; continuing education; reinstatement of expired, suspended or revoked license; notice of change of address.
  • 65-5807 Licensure of individuals registered, certified or licensed in another jurisdiction.
  • 65-5807a Temporary permit to practice; requirements; fees; expiration, extension.
  • 65-5808 Fees. [See Revisor's Note]
  • 65-5808a Fees. [See Revisor's Note]
  • 65-5809 Refusal to issue, suspension, limitation, refusal to renew, condition or revocation of license; grounds; procedure; licensure of applicant with felony conviction, requirements.
  • 65-5810 Confidential communications; exceptions.
  • 65-5811 Repealed.
  • 65-5812 Construction of act.
  • 65-5812a Repealed.
  • 65-5813 Repealed.
  • 65-5814 Repealed.
  • 65-5815 Repealed.
  • 65-5816 Invalidity of part.
  • 65-5817 Disclosures to client at beginning of client-therapist relationship; documentation.
  • 65-5818 Postgraduate clinical supervision of professional counselors; requirements.
  • 65-5819 Provisional licensure as professional counselor; remedial requirements prescribed by board; professional title.
  • 65-5820 through 65-5824 Reserved.
  • 65-5825 Counseling compact; facilitating interstate practice of licensed professional counselors.
• Article 59.—DIETITIANS
  • 65-5901 Citation of act.
  • 65-5902 Definitions.
  • 65-5903 Persons authorized to practice dietetics or make certain representations limited; violations misdemeanor; action to enjoin violation authorized.
  • 65-5904 Rules and regulations for implementation of act.
  • 65-5905 Contracts to obtain information about courses of study authorized.
  • 65-5906 Requirements for licensure; licenses issued for two years.
  • 65-5907 Temporary license; requirements; expiration; renewal.
  • 65-5908 Waiver of requirements; when authorized.
  • 65-5909 Renewal of license; requirements; procedure; reinstatement of lapsed license.
  • 65-5910 Licensure of person licensed in another state.
  • 65-5911 Denial, refusal to renew, suspension or revocation of license; grounds; procedure; reinstatement.
  • 65-5912 Construction of act; exemptions.
  • 65-5913 Fees.
• Article 60.—ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HEPATITIS B; OTHER INFECTIOUS DISEASE
  • Cross References to Related Sections:

    Infectious or contagious diseases, see 65-118 et seq.

    Tuberculosis, authority of health officers, see 65-116a et seq.

    Transportation of dead body for disposition where deceased had an infectious or contagious disease, notification of certain persons, see 65-2438.

    Attorney General's Opinions:

    Acquired immune deficiency syndrome (AIDS) and hepatitis B; confidentiality of information; disclosure. 95-5.

  • ACQUIRED IMMUNE DEFICIENCY SYNDROME

    65-6001 AIDS or HIV; definitions.
  • 65-6002 Reporting to secretary of health and environment information concerning AIDS or HIV infection; information reported, when; persons reporting; immunity from liability; confidentiality of information; disclosure; use of information to discriminate prohibited.
  • 65-6003 Investigation of cases of AIDS or HIV infection; rules and regulations; protection of public health; disclosure of information; confidentiality; agreements with local boards of health authorized.
  • 65-6004 Physician authorized to disclose to certain persons information about patient who has infectious disease or who has had laboratory confirmation of a positive reaction to an infectious disease test; confidentiality of information; immunity in judicial proceedings.
  • 65-6005 Unlawful acts; penalties.
  • 65-6006 Educational material explaining AIDS; distribution to district courts; copies provided to parties applying for marriage license.
  • 65-6007 Establishment and maintenance of sites for testing for HIV.
  • 65-6008 Infectious disease testing; orders requiring certain persons in contact with body fluids to submit thereto; applications to court, hearing; disclosure of test results.
  • 65-6009 Infectious disease testing; persons arrested or convicted; disclosure of test results; costs of counseling and testing.
  • 65-6010 Same; withdrawal of blood; confidentiality of information; penalty.
  • 65-6011 Report to legislature.
  • 65-6012 through 65-6014 Reserved.
  • 65-6015 Definitions.
  • 65-6016 Physician authorized to disclose infectious diseases to certain corrections employees; confidentiality; immunity in judicial proceedings.
  • 65-6017 Court ordered testing of certain offenders in custody of secretary of corrections or commissioner of juvenile justice authority.
  • 65-6018 HIV screening for pregnant women and newborn children; rules and regulations.
• Article 61.—EMERGENCY MEDICAL SERVICES
  • Attorney General's Opinions:

    Powers and duties of emergency medical services board. 90-45.

    Emergency medical services act; definitions; scope of act. 92-60.

    Powers and duties of emergency medical services board. 92-95.

    Powers and duties of emergency medical services board; delegation of power by legislature. 92-124.

  • 65-6101 Bureau of emergency medical services, position of director and emergency medical services council abolished; powers, duties and functions transferred.
  • 65-6102 Emergency medical services board established; members, appointment; removal from or forfeiture of position; terms; meetings; compensation and expenses; approval of vouchers; temporary chairperson.
  • 65-6103 Administrator of the emergency medical services board; duties and responsibilities; appointment of officers and employees.
  • 65-6104 Emergency medical services board and administrator successor to certain powers, duties and functions; orders and directives, rules and regulations continued.
  • 65-6105 Emergency medical services board successor to certain powers, duties and functions of university of Kansas school of medicine; disposition of records and fee moneys; conflict resolved by governor.
  • 65-6106 Certain officers and employees transferred; civil service and retirement benefits preserved.
  • 65-6107 Conflict as to disposition of power, duty or function resolved by governor.
  • 65-6108 Disposition of property and records and appropriations; conflict resolved by governor.
  • 65-6109 Rights saved in legal actions and proceedings.
  • 65-6110 Rules and regulations.
  • 65-6111 Powers and duties of emergency medical services board; rules and regulations; temporary variances; imposition of fines; issuance of subpoenas; reporting requirements.
  • 65-6111a Repealed.
  • 65-6112 Definitions.
  • 65-6113 Establishment, operation and maintenance of emergency medical service; tax levies; protest petition, election; reimbursement of certain taxing districts by counties.
  • 65-6114 Establishment of emergency communication system by municipality; purpose.
  • 65-6115 Continuation of certain existing services by municipality; tax levy; referendum.
  • 65-6116 Powers of governing board of municipality.
  • 65-6117 Standards for operation, facilities, equipment and qualification and training of personnel.
  • 65-6118 Ambulance service taxing district; creation; governing body; tax levy.
  • 65-6119 Paramedics; authorized activities.
  • 65-6120 Emergency medical technician; authorized activities.
  • 65-6121 Emergency medical technician; authorized activities.
  • 65-6122 Repealed.
  • 65-6123 Repealed.
  • 65-6124 Limitations on liability.
  • 65-6125 Unlawful to operate ambulance service without a permit.
  • 65-6126 Medical director; alternative when no medical director available.
  • 65-6127 Permit to operate ambulance service; application; contents.
  • 65-6128 Same; qualifications of applicant; denial of application; notice; reapplication; renewal of permit; disposition of fees.
  • 65-6129 Emergency medical service provider certificate; requirements; criminal history records check; disposition of fees; renewal of certificate; violations, sanctions.
  • 65-6129a Supervision of students or emergency medical service providers during training and continuing education.
  • 65-6129b Repealed.
  • 65-6129c Repealed.
  • 65-6129d Inactive certificate; issuance; renewal; application for active certificate.
  • 65-6130 Inspections; subpoenas of records; maintenance of records; personnel.
  • 65-6131 Municipalities; licensing and regulating ambulance services.
  • 65-6132 Denial, revocation, limitation, modification or suspension of operator's permit; hearing.
  • 65-6133 Denial, revocation, limitation, modification or suspension of certificates.
  • 65-6134 Temporary limitation or restriction of operator's permit; hearing.
  • 65-6135 Ambulance services; hours of operation; persons providing emergency care.
  • 65-6136 Scope of act.
  • 65-6137 Violations; misdemeanor.
  • 65-6138 Emergency medical services communications system; establishment; medical communications centers; purpose.
  • 65-6139 Same; contracts with state agencies or political subdivisions; requirements; equipment to remain property of state.
  • 65-6140 Same; acceptance of moneys and acquisition of property.
  • 65-6141 through 65-6143 Repealed.
  • 65-6144 Emergency medical responder; authorized activities.
  • 65-6145 Emergency medical services; limitations of act.
  • 65-6146 Repealed.
  • 65-6147 Repealed.
  • 65-6148 Repealed.
  • 65-6149 Repealed.
  • 65-6149a Automated external defibrillator; use and possession, immunity from liability; notice of acquisition of unit; placement of units in state facilities.
  • 65-6150 Unlawful acts; criminal penalty.
  • 65-6151 Emergency medical services operating fund.
  • 65-6152 Expired.
  • 65-6153 Emergency medical services data collection system; information collected; rules and regulations.
  • 65-6154 Same; confidentiality; exceptions; reports open records.
  • 65-6155 Same; disclosure of information; liability.
  • 65-6156 Act supplemental to article 61 of chapter 65 of Kansas Statutes Annotated.
  • 65-6157 EMS revolving fund.
  • 65-6158 Interstate compact for recognition of emergency personnel licensure.
  • 65-6159 Medicaid ground emergency medical transportation services; supplemental medicaid reimbursement; rate; requirements; federal approval.
  • 65-6160 Same; intergovernmental transfer program; duties of department of health and environment; requirements; no additional state general fund expenditures; federal approval.
• Article 62.—MISCELLANEOUS PROVISIONS
  • Cross References to Related Sections:

    Standard of conduct of licensed health care professional related to assisting suicide, see 60-4403.

  • 65-6201 Individuals in need of in-home care; definitions.
  • 65-6202 Hospice certified to participate in medicare program may hold itself out to public as hospice or licensed hospice; prohibitions; enforcement.
  • 65-6203 Discharges detrimental to water or soil; allocation of responsibility.
  • 65-6204 Background information on certain applicants for employment; secretary of health and environment to provide for processing information requested.
  • 65-6205 Background information on certain applicants for employment; request for information by certain entities; exemption from civil liability for certain actions taken in good faith based on such information.
  • 65-6206 Expired.

  • HEALTH CARE ACCESS IMPROVEMENT ASSESSMENTS

    65-6207 Definitions.
  • 65-6208 Assessment imposed on hospital providers; rate; submission to United States centers for medicare and medicaid services; notice of approval.
  • 65-6209 Same; exemption for certain hospital providers.
  • 65-6210 Same; payment date for hospitals; delayed payment schedules; penalties.
  • 65-6211 Same; notice of assessment; method of payment; assessment adjustment when a hospital ceases operations.
  • 65-6212 Hospital provider assessments not imposed or discontinued, when; disbursement or refund of proceeds.

  • AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT

    65-6213 Assessment imposed on health maintenance organizations, rate.
  • 65-6214 Same; payment date for health maintenance organizations; delayed payment schedules; penalties.
  • 65-6215 Same; notice of assessment; method of payment; assessment adjustment when a health maintenance organization ceases operations.
  • 65-6216 Health maintenance organization assessments not imposed or discontinued, when; disbursement or refund of proceeds.
  • 65-6217 Health care access improvement fund; amounts credited; authorized expenditures; interest earnings; accrual accounting procedure.
  • 65-6218 Assessment revenues; guidelines for disbursement; supplemental funding prohibited; healthcare access improvement panel; composition, organization and annual report; federal approval of changes.
  • 65-6219 Administration and enforcement of act.
  • 65-6220 Rules and regulations.
  • 65-6221 through 65-6229 Reserved.
  • 65-6230 Health care compact.
  • 65-6231 Health care freedom act.
  • 65-6232 Severability for certain acts.
  • 65-6233 Department of health and environment; rules and regulations regarding eligibility requirements for medical assistance; life insurance proceeds, collateral assignment of.
  • 65-6234 Term of intellectual disability; state official policy.
  • 65-6235 Use of cannabidiol treatment preparation with tetrahydrocannabinol.
• Article 63.—SOCIAL WORKERS
  • Cross References to Related Sections:

    Behavioral sciences regulatory board, see chapter 74, article 75.

    Masters level psychologists, see 74-5361 et seq.

    Professional counselors, see 65-5801 et seq.

    Psychologists, see 74-5301 et seq.

    Marriage and family therapists, see 65-6401 et seq.

    Attorney General's Opinions:

    Behavioral science regulatory board; committees. 80-219.

  • 65-6301 Purpose.
  • 65-6302 Definitions.
  • 65-6303 Prohibited acts; penalty.
  • 65-6304 Repealed.
  • 65-6305 Repealed.
  • 65-6306 Qualifications for licensure, temporary candidacy licensure; baccalaureate social worker; master social worker; specialist clinical social worker; practice of licensed specialist clinical social worker; approval of colleges or universities, criteria; community-base social work license.
  • 65-6307 Use of title by licensee; designation thereof by board; penalty for violation.
  • 65-6308 Limitations on private practice of social work; penalties.
  • 65-6309 Exemption from examination; temporary licensure; professional title.
  • 65-6309a Temporary permit to practice; requirements; fees; expiration, extension.
  • 65-6310 Unlawful acts; penalties.
  • 65-6311 Grounds for suspension, limitation, condition, revocation or refusal to issue or renew license; procedure; licensure of applicant with felony conviction; requirements.
  • 65-6312 Repealed.
  • 65-6313 Licenses; effective and expiration dates; renewal; continuing education; safety awareness training; reinstatement of expired license; duplicate; notice of change of address.
  • 65-6314 Fees.
  • 65-6315 Confidential information and communications; exceptions.
  • 65-6316 Invalidity of part.
  • 65-6317 Renewal of social work associate licenses; revocation or suspension.
  • 65-6318 Repealed.
  • 65-6319 Diagnosis and treatment of mental disorders by certain licensed social workers authorized.
  • 65-6320 Disclosure to client at beginning of client-therapist relationship; documentation.
  • 65-6321 Social workers licensure act; citation.
  • 65-6322 Licensure of social worker licensed in another jurisdiction.
  • 65-6323 Provisional licensure as social worker; remedial requirements prescribed by board; professional title.
• Article 64.—MARRIAGE AND FAMILY THERAPISTS
  • Cross References to Related Sections:

    Behavioral sciences regulatory board, see chapter 74, article 75.

    Masters level psychologists, see 74-5361 et seq.

    Professional counselors, see 65-5801 et seq.

    Psychologists, see 74-5301 et seq.

    Social workers, see 65-6301 et seq.

  • 65-6401 Citation of act.
  • 65-6402 Definitions.
  • 65-6403 Prohibited acts and representations; misdemeanor.
  • 65-6404 Application for licensure; requirements; fees; practice of licensed clinical marriage and family therapist; community-based marriage and family therapist license.
  • 65-6405 Temporary license; application; limitations on practice.
  • 65-6405a Temporary permit; requirements; fees; expiration, extension.
  • 65-6406 Licensure of individual registered, certified or licensed in another jurisdiction; when authorized; application fee.
  • 65-6407 Licensure; expiration and renewal; continuing education; reinstatement of expired, suspended or revoked license; notice of change of address.
  • 65-6408 Refusal to grant, suspension, condition, limitation, qualification, restriction or revocation of license; grounds.
  • 65-6409 Construction of act.
  • 65-6410 Confidential information and communications; exceptions.
  • 65-6411 Fees.
  • 65-6412 Repealed.
  • 65-6413 Disclosure to client at beginning of client-therapist relationship; documentation.
  • 65-6414 Postgraduate clinical supervision of marriage and family therapists; requirements.
  • 65-6415 Provisional licensure as marriage and family therapist; remedial requirements prescribed by board; professional title.
• Article 65.—SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
  • Cross References to Related Sections:

    Hearing aids, dispensing and fitting, see 74-5801 et seq.

    Hearing impaired infants, early identification, see 65-1,149 et seq.

  • 65-6501 Definitions.
  • 65-6502 Speech-language pathology and audiology board established; duties; composition; appointment of members.
  • 65-6503 Duties of secretary for aging and disability services.
  • 65-6504 Unlawful acts and representations; persons licensed under act not authorized to engage in dispensing and fitting hearing aids and not engaged in practice of healing arts; self representation.
  • 65-6505 Qualifications for licensure.
  • 65-6506 Application for licensure; expiration and renewal; fees; reinstatement of lapsed license; licensure by another jurisdiction; temporary license.
  • 65-6507 Contracts to obtain information about courses of study and clinical practicum experience.
  • 65-6508 Denial, revocation, suspension or limitation of license; grounds.
  • 65-6509 Administrative proceedings; judicial review.
  • 65-6510 Penalty for violation of act.
  • 65-6511 Act not applicable to certain persons.
  • 65-6512 Fees.
  • 65-6513 Audiology and speech-language pathology interstate compact.
• Article 66.—ADDICTION COUNSELORS
  • Cross References to Related Sections:

    Alcoholism and intoxication treatment, see 65-4001 et seq.

    Drug abuse and prevention, see 75-5375 et seq.

    Drug abuse treatment facilities, see 65-4601 et seq.

    Treatment of drug abusers, see 65-5201 et seq.

  • 65-6601 Repealed.
  • 65-6602 Repealed.
  • 65-6603 Repealed.
  • 65-6604 Repealed.
  • 65-6605 Repealed.
  • 65-6606 Repealed.
  • 65-6607 Citation of act.
  • 65-6608 Definitions.
  • 65-6609 Prohibited acts.
  • 65-6610 Application for licensure; addiction counselor; master's addiction counselor; clinical addiction counselor; requirements.
  • 65-6611 Temporary license; student temporary addiction counselor license; application; limitations on practice.
  • 65-6612 Temporary permit to engage in clinical addiction counseling; time limitations; fees, fines, cease and desist orders.
  • 65-6613 Licensure of individual registered, certified or licensed in another jurisdiction.
  • 65-6614 Licensure; expiration and renewal; continuing education; reinstatement of suspended or revoked license; notice of change of address.
  • 65-6615 Refusal to grant licensure; other licensure actions; grounds; procedure; licensure of applicant with felony conviction, requirements.
  • 65-6616 Construction of act.
  • 65-6617 Confidential information and communications; exceptions.
  • 65-6618 Fees.
  • 65-6619 Repealed.
  • 65-6620 Disclosure to client at beginning of client-therapist relationship; documentation.
  • 65-6621 Provisional licensure as addiction counselor; remedial requirements prescribed by board; professional title.
• Article 67.—ABORTION
  • Law Review and Bar Journal References:

    "Roe to Casey: A Survey of Abortion Law," Rachael K. Pirner and Laurie B. Williams, 32 W.L.J. 166, 183 (1993).

  • 65-6701 Definitions.
  • 65-6702 Drugs or devices for birth control or fertilization lawful; political subdivisions prohibited from limiting abortion.
  • 65-6703 Abortion when unborn child viable; restrictions and prohibitions; civil damages and criminal penalties for violations.
  • 65-6704 Abortion upon minor; required information and counseling.
  • 65-6705 Same; written consent of certain persons required before performance of abortion; waiver of requirement; court proceedings; penalties; judicial record and report; civil action.
  • 65-6706 Repealed.
  • 65-6707 Same; severability clause.

  • WOMAN'S RIGHT-TO-KNOW ACT

    65-6708 Woman's-right-to-know act; citation.
  • 65-6709 Same; abortion, informed consent required; information required to be given to women, certification of receipt; offer to view ultrasound image and hear heartbeat, certification of offer; required signage.
  • 65-6710 Same; materials to be published and distributed by the department of health and environment; materials to be available at no cost.
  • 65-6711 Same; information where medical emergency compels performances of an abortion.
  • 65-6712 Same; failure to provide informed consent and printed materials under act is unprofessional conduct.
  • 65-6713 Repealed.
  • 65-6714 Same; severability clause.
  • 65-6715 Same; act does not create or recognize a right to abortion or make lawful an abortion that is currently unlawful.
  • 65-6716 Same; required notice to patients receiving medication abortion; signage in certain facilities; contents; criminal penalty for violation; fines; civil actions against physicians.
  • 65-6721 Partial birth abortion; restrictions and prohibitions; civil damages and criminal penalties for violations.
  • 65-6722 Abortion of pain-capable unborn child; legislative findings.
  • 65-6723 Abortion of pain-capable unborn child; definitions.
  • 65-6724 Same; certain abortions prohibited, exceptions; determination of gestational age; civil action; criminal penalties.
  • 65-6725 Same; construction of act.
  • 65-6726 Abortion based on gender; prohibited.
  • 65-6727 through 65-6730 Reserved.
  • 65-6731 Prohibition on certain funding for abortions; definitions.
  • 65-6732 Legislative declaration that life begins at fertilization.
  • 65-6733 Prohibition on certain funding for abortion.
  • 65-6734 Same; school districts.
  • 65-6735 Same; construction of act.
  • 65-6736 Same; no requirement to provide or right to an abortion.
  • 65-6737 Same; discrimination prohibited.
  • 65-6738 Same; applicability of act.
  • 65-6739 Same; severability.
  • 65-6740 Reserved.
  • 65-6741 Kansas unborn child protection from dismemberment abortion act; citation of act.
  • 65-6742 Definitions.
  • 65-6743 Dismemberment abortion prohibited; exceptions.
  • 65-6744 Cause of action for injunctive relief.
  • 65-6745 Civil action for violation of act.
  • 65-6746 Criminal penalties for violation of act.
  • 65-6747 Legal proceedings; public disclosure of name of woman, orders against such disclosure.
  • 65-6748 Construction of act.
  • 65-6749 Severability.
  • 65-6750 Effect of injunction or other judicial order on provisions of article 67.

  • BORN-ALIVE INFANTS PROTECTION ACT

    65-6751 Born-alive infants protection act; citation of act.
  • 65-6752 Definitions
  • 65-6753 Terms used in crimes against persons; inclusion of certain persons.
  • 65-6754 Duty to preserve life and health of child born alive during abortion or attempted abortion; obligation to report failure of duty to law enforcement, when.
  • 65-6755 Criminal penalty for violation of act; exception.
  • 65-6756 Cause of action for violation of act; limitations; damages.
  • 65-6757 Anonymity of woman upon whom abortion is performed or attempted; court orders.
  • 65-6758 Annual reports by medical care facilities; contents; penalty for failure to file.
  • 65-6759 Severability.
• Article 67a.—FETAL ORGANS AND TISSUE
  • 65-67a01 Fetal organs or tissue; definitions.
  • 65-67a02 Same; construction of act.
  • 65-67a03 Same; when act not applicable.
  • 65-67a04 Same; prohibitions; penalty.
  • 65-67a05 Same; transfers of tissue; reports.
  • 65-67a06 Same; prohibitions; penalty.
  • 65-67a07 Same; consent of donor.
  • 65-67a08 Same; severability.
  • 65-67a09 Child rape protection act; submission of fetal tissue from certain abortions; physicians' duties; rules and regulations; noncompliance, penalties.
  • 65-67a10 Disposition of fetal remains.
• Article 68.—HEALTH CARE DATA
  • 65-6801 Health care database; legislative intent; use of information.
  • 65-6802 Same; request for and use of data by department of health services administration of university of Kansas.
  • 65-6803 Same; appointment of task forces; health care data policies and procedures.
  • 65-6804 Health care database; duties of the secretary of health and environment; health data collection contracts; acceptance of data; system of fees; rules and regulations; data confidential; penalties for violations.
  • 65-6805 Same; medical, health care and other entities to file health care data; exception.
  • 65-6806 Same; availability of data.
  • 65-6807 Same; annual report to governor and legislature.
  • 65-6808 Repealed.
  • 65-6809 Health care database fee fund; fees credited; authorized uses; interest earnings credited; administration.
  • 65-6810 through 65-6820 Reserved.
  • 65-6821 Kansas health information technology act.
  • 65-6822 Same; definitions.
  • 65-6823 Same; purpose.
  • 65-6824 Same; duties of covered entity.
  • 65-6825 Same; use and disclosure of protected health information.
  • 65-6826 Repealed.
  • 65-6827 Repealed.
  • 65-6828 Same; controlling law on confidentiality of protected health information.
  • 65-6829 Same; disclosure of protected health information, when required or permitted.
  • 65-6830 Same; health information organizations; standards for approval and operation.
  • 65-6831 Same; process established for approval and investigation of HIOs.
  • 65-6832 Same; participation agreements; specification of procedures and requirements.
  • 65-6833 Same; health information organizations; eligibility for financial support from the state.
  • 65-6834 Same; use and disclosure of protected health information; immunity from liability.
  • 65-6835 Same; advisory council on health information technology established; membership; compensation.
  • 65-6836 Health care records; provision of copies; enforcement of act; costs; definitions.
• Article 69.—ATHLETIC TRAINERS
  • 65-6901 Citation of act.
  • 65-6902 Definitions.
  • 65-6903 Unlawful representations; penalty for violation.
  • 65-6904 Unlicensed practice of healing arts not authorized.
  • 65-6905 State board of healing arts to administer act; rules and regulations, registry.
  • 65-6906 Licensure as an athletic trainer; application; qualifications; reciprocity; practice protocol required to be filed with board; temporary permit.
  • 65-6907 Qualifications for licensure.
  • 65-6908 Contracts to obtain information about courses of study and clinical experience.
  • 65-6909 Licensure; expiration and renewal; notice; fees; reinstatement of canceled license; rules and regulations; inactive license.
  • 65-6910 Fees.
  • 65-6911 Denial, suspension, limitation, refusal to renew, probation, reprimand or revocation of a license; grounds.
  • 65-6912 Athletic trainers council established; appointment; terms; compensation.
  • 65-6913 Injunction.
  • 65-6914 Severability.
• Article 70.—CHEMICAL CONTROL
  • 65-7001 Citation of act.
  • 65-7002 Purpose of act.
  • 65-7003 Definitions.
  • 65-7004 Application of act.
  • 65-7005 Secretary; powers and duties; director; powers and duties.
  • 65-7006 Repealed.
  • 65-7007 Regulated chemical distributor and retailer; submissions to bureau.
  • 65-7008 Information program for retailers.
  • 65-7009 Orders subject to Kansas administrative procedure act; final action subject to Kansas judicial review act.
  • 65-7010 Civil penalties.
  • 65-7011 Liability; cleanup.
  • 65-7012 Chemical control fund; revenues; expenditures.
  • 65-7013 Secretary; investigation and cleanup; liability; inspections.
  • 65-7014 Seizure and forfeiture.
  • 65-7015 Severability clause.
• Article 71.—ASSISTIVE DEVICE INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM
  • 65-7101 Assistive device individual development account program; citation of act.
  • 65-7102 Same; definitions.
  • 65-7103 Same; program establishment; authorities and duties of institute.
  • 65-7104 Same; eligibility qualifications.
  • 65-7105 Same; administration of accounts by financial institutions; duties.
  • 65-7106 Same; forfeiture of account matching moneys; when; transfer upon death.
  • 65-7107 Assistive device individual development account program; income tax credit for contributions by corporations; limitations.
• Article 72.—NATUROPATHIC DOCTORS
  • 65-7201 Citation of act.
  • 65-7202 Definitions.
  • 65-7203 Administration of act by state board of healing arts; qualifications of applicants; licensure of certain naturopathic doctors; record of proceedings.
  • 65-7204 Application for licensure; criteria for educational programs; registrant under previous act deemed to be licensed.
  • 65-7205 Examination.
  • 65-7206 Waiver of examination and other requirements; when waived; temporary licensure.
  • 65-7207 Fees.
  • 65-7208 Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; discipline; civil fines; procedure; reinstatement.
  • 65-7209 Expiration of licenses; failure to renew; renewal; continuing education; suspended license; fees.
  • 65-7210 Moneys received by board; disposition; healing arts fee fund.
  • 65-7211 Authorized representations; unlawful representations; authority not conferred upon naturopathic doctors to engage in activities not conferred by act.
  • 65-7212 Board of healing arts to adopt naturopathic formulary; naturopathic formulary advisory committee.
  • 65-7213 Naturopathic acupuncture specialty certification.
  • 65-7214 Naturopathic advisory council; membership; expenses; legislature to consider establishing alternative health care board.
  • 65-7215 Injunctive remedies for violations.
  • 65-7216 Adjudicative procedures.
  • 65-7217 Professional liability insurance required.
  • 65-7218 Confidential communications.
  • 65-7219 Nothing in act construed to require insurance reimbursement or indemnity for services as a naturopathic doctor.
• Article 73.—RADIOLOGIC TECHNOLOGISTS
  • 65-7301 Citation of act.
  • 65-7302 Definitions.
  • 65-7303 Unlawful representations; lawful activities under the act.
  • 65-7304 Persons exempt from licensure.
  • 65-7305 Application for licensure; requirements; temporary licensure; waiver of examination; application for reinstatement; fees.
  • 65-7306 Repealed.
  • 65-7307 Expiration of licenses; renewal notification, procedure; fees; reinstatement of lapsed licenses; rules and regulations.
  • 65-7308 Fees.
  • 65-7309 Moneys received by board; disposition; healing arts fee fund.
  • 65-7310 Radiologic technology council, establishment; membership, terms, vacancies; meetings; majority quorum; expenses.
  • 65-7311 Same; duties.
  • 65-7312 Board of healing arts; duties; rules and regulations; establishments of standards.
  • 65-7313 Denial, revocation, suspension or limitation of or refusal to renew license; grounds; censure, reprimand or fine of licensee; administrative procedure; conduct prohibited during license suspension.
  • 65-7314 Injunctive remedies for violations.
  • 65-7315 Violation of act; penalty.
• Article 74.—PRIMARY CARE SAFETY NET CLINIC CAPITAL LOAN GUARANTEES
  • 65-7401 Title of act.
  • 65-7402 Definitions.
  • 65-7403 Powers and duties of secretary of health and environment; eligibility for loan guarantees; rules and regulations.
  • 65-7404 Loan transactions and guarantees; eligibility and maximum terms.
  • 65-7405 Primary care safety net clinic loan guarantee review committee; membership; duties.
  • 65-7406 Primary care safety net clinic loan guarantee fund; administration.
  • 65-7407 Report of activities to the legislature.
• Article 75.—APPLIED BEHAVIOR ANALYSIS
  • 65-7501 Applied behavior analysis licensure act.
  • 65-7502 Same; definitions.
  • 65-7503 Same; licensure required to practice applied behavior analysis; exceptions.
  • 65-7504 Denial, suspension or revocation of licensure; grounds.
  • 65-7505 Rules and regulations.
• Article 76.—ACUPUNCTURE PRACTICE ACT
  • 65-7601 Citation of act.
  • 65-7602 Definitions.
  • 65-7603 License prerequisite to practice acupuncture; representation as acupuncturist; penalties.
  • 65-7604 Acupuncture needles; requirements.
  • 65-7605 Persons not required to hold acupuncturist license.
  • 65-7606 License to practice acupuncture by examination; prerequisites.
  • 65-7607 License to practice acupuncture by endorsement; prerequisite.
  • 65-7608 Waiver of certain license prerequisites.
  • 65-7609 Renewal date of license; requirements to maintain license; notice of renewal and cancellation; cancellation of license; reinstatement of license; designation of license.
  • 65-7610 Reinstatement of revoked license; requirements; procedure.
  • 65-7611 Fees; collection by state board of healing arts.
  • 65-7612 Fees, disposition of.
  • 65-7613 Acupuncture advisory council; appointments and terms of members; meetings; reimbursement.
  • 65-7614 Same; duties.
  • 65-7615 Rules and regulations.
  • 65-7616 Disciplinary action against licensee; grounds for discipline; procedure; confidentiality of certain investigatory records.
  • 65-7617 Same; jurisdiction; procedure; stipulations; emergency proceedings.
  • 65-7618 Non-disciplinary resolutions; procedure.
  • 65-7619 Administrative fines.
  • 65-7620 Confidentiality of complaints and related reports, records or information; exceptions.
  • 65-7621 Reporting alleged incidents of malpractice; civil immunity; when.
  • 65-7622 Acupuncturist-patient privilege.
  • 65-7623 Injunction against violation of act.
  • 65-7624 Severability of act.