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65-2869. Persons deemed engaged in practice of medicine and surgery. For the purpose of this act the following persons shall be deemed to be engaged in the practice of medicine and surgery:

(a) Persons who publicly profess to be physicians or surgeons, or publicly profess to assume the duties incident to the practice of medicine or surgery or any of their branches.

(b) Persons who prescribe, recommend or furnish medicine or drugs, or perform any surgical operation of whatever nature by the use of any surgical instrument, procedure, equipment or mechanical device for the diagnosis, cure or relief of any wounds, fractures, bodily injury, infirmity, disease, physical or mental illness or psychological disorder, of human beings.

(c) Persons who attach to their name the title M.D., surgeon, physician, physician and surgeon, or any other word or abbreviation indicating that they are engaged in the treatment or diagnosis of ailments, diseases or injuries of human beings.

History: L. 1957, ch. 343, § 69; L. 1969, ch. 299, § 14; L. 1976, ch. 273, § 30; L. 1988, ch. 251, § 5; July 1.

Law Review and Bar Journal References:

"Guideline for Joint Policy Statement on Nursing Service," 69 J.K.M.S. 66, 67 (1968).

"Legislative Review of Examining and Licensing Functions of State Boards and Commissions," Stanley D. Elofson, 7 W.L.J. 307, 311 (1968).

"Reconsidering the Regulation of Health Professionals in Kansas," Lisa E. Bartra, 5 Kan. J.L. & Pub. Pol'y, No. 3, 155, 156, 158, 159, 161, 170, 171 (1996).

Attorney General's Opinions:

Physicians' assistants; advanced registered nurse practitioners; persons authorized to issue prescription orders. 86-125.

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.

Social work practice; psychotherapy; authority to diagnose. 92-43.

Persons deemed engaged in practice of medicine and surgery; diagnosis of psychological disorders. 92-114.

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

Delegation of performance of medical procedures (IVFT) by licensed practitioners of healing arts; board of nursing authority to interpret law, legal opinions. 95-84.

Manual manipulation utilized in chiropractic not within scope of practice of medicine and surgery. 96-12.

CASE ANNOTATIONS

1. Acupuncture does not constitute surgery. Acupuncture Society of Kansas v. Kansas Bd. of Healing Arts, 226 Kan. 639, 645, 602 P.2d 1311.

2. 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).

3. Individual who is not licensed under Kansas healing arts act is prohibited from using M.D. designation (licensed dentist may not use M.D. degree he obtained after eight weeks of schooling in West Indies university). State ex rel. State Bd. of Healing Arts v. Thomas, 33 Kan. App. 2d 73, 97 P.3d 514 (2004).


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