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65-2802. Definitions. For the purpose of this act the following definitions shall apply:

(a) The healing arts include any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, alteration or enhancement of a condition or appearance and includes specifically, but not by way of limitation, the practice of medicine and surgery; the practice of osteopathic medicine and surgery; and the practice of chiropractic.

(b) "Board" shall mean the state board of healing arts.

(c) "License," unless otherwise specified, shall mean a license to practice the healing arts granted under this act.

(d) "Licensed" or "licensee," unless otherwise specified, shall mean a person licensed under this act to practice medicine and surgery, osteopathic medicine and surgery or chiropractic.

(e) "Healing arts school" shall mean an academic institution which grants a doctor of chiropractic degree, doctor of medicine degree or doctor of osteopathy degree.

(f) Wherever the masculine gender is used, it shall be construed to include the feminine, and the singular number shall include the plural when consistent with the intent of this act.

History: L. 1957, ch. 343, § 2; L. 1976, ch. 273, § 1; L. 2007, ch. 42, § 1; L. 2014, ch. 131, § 5; July 1, 2015.

Cross References to Related Sections:

Other definitions, see 65-2837, 65-2868 through 65-2872, 65-2874 through 65-2876.

Law Review and Bar Journal References:

"The Physician-Patient Privilege Under the New Code," Steven P. Flood, 33 J.B.A.K. 100, 102 (1964).

"The Psychotherapists' Privilege," Craig Kennedy, 12 W.L.J. 297, 307 (1973).

"Should You Take A Chiropractor To Court?", Steven M. Dickson, J.K.T.L.A., Vol. XIII, No. 3, 19, 20 (1990).

"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).

Attorney General's Opinions:

Persons deemed engaged in the practice of healing arts. 85-92.

Doctors of chiropractic cannot use the term "chiropractic physician." 87-42.

Master level psychologists; supervision; limitations on practice. 87-184.

Persons deemed engaged in practice of chiropractic. 89-91.

Insurance coverage for services rendered in treatment of alcoholism, drug abuse or nervous or mental conditions. 90-130.

Exemptions of certain persons from jurisdiction by the board of examiners for hearing aids. 92-159.

Certified registered nurse anesthetist is not authorized to issue order for medications and diagnostic tests. 2009-4.

CASE ANNOTATIONS

1. Cited in discussing but not determining whether a chiropractor is a physician or surgeon within meaning of K.S.A. 44-510. Grantham v. Coleman Co., 190 Kan. 468, 470, 375 P.2d 629. Paragraph deleted from opinion in opinion denying rehearing. 190 Kan. 634, 376 P.2d 908.

2. Cited in upholding revocation of license by board pursuant to K.S.A. 65-2848. Kansas State Board of Healing Arts v. Foote, 200 Kan. 447, 452, 436 P.2d 828.

3. Cited; ambulance services as professional services and exempt from bidding requirements in home rule statute (K.S.A. 19-214) examined. Curtis Ambulance v. Shawnee Cty. Bd. of Cty. Com'rs, 811 F.2d 1371, 1380 (1987).

4. Whether section requires proof of criminal intent to show violation examined on question reserved by prosecution. State v. Mountjoy, 257 Kan. 163, 169, 891 P.2d 376 (1995).

5. Midwifery is not regulated by the healing arts act; section not unconstitutionally vague. State Bd. of Nursing v. Ruebke, 259 Kan. 599, 604, 622, 913 P.2d 142 (1995).

6. Jurisdiction not lost in pending disciplinary action upon licensee's failure to renew license resulting in cancellation. Patel v. Kansas Bd. of Healing Arts, 22 Kan. App. 2d 712, 714, 920 P.2d 477 (1996).


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