Session Law

Identifying Information:L. 2003 ch. 128
Other Identifying Information:2003 Senate Bill 225
Tax Type:Other
Brief Description:An Act relating to physical therapy; providing for licensure of physical therapists; amending K.S.A. 7-121b, 40-2,111, 60-513d, 60-2609, 65-1501, 65-1902, 65-2891, 65-2901, 65- 2903, 65-2904, 65-2905, 65-2906, 65-2909, 65-2910, 65-2911, 65-2912, 65-2913, 65- 2914, 65-2916, 65-2918, 65-2919, 65-4915, 65-4921, 65-5418 and 65-5912 and K.S.A. 2002 Supp. 17-2707, 21-3721 and 40-3401 and repealing the existing sections; also re- pealing K.S.A. 65-2902, 65-2907, 65-2908 and 65-2915.
Keywords:


Body:

CHAPTER 128

SENATE BILL No. 225


An Act relating to physical therapy; providing for licensure of physical therapists; amending

K.S.A. 7-121b, 40-2,111, 60-513d, 60-2609, 65-1501, 65-1902, 65-2891, 65-2901, 65-

2903, 65-2904, 65-2905, 65-2906, 65-2909, 65-2910, 65-2911, 65-2912, 65-2913, 65-

2914, 65-2916, 65-2918, 65-2919, 65-4915, 65-4921, 65-5418 and 65-5912 and K.S.A.

2002 Supp. 17-2707, 21-3721 and 40-3401 and repealing the existing sections; also re-


pealing K.S.A. 65-2902, 65-2907, 65-2908 and 65-2915.


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

Section 1. K.S.A. 65-2901 is hereby amended to read as follows: 65-

2901. (a) As used in this act, the term article 29 of chapter 65 of the

Kansas Statutes Annotated and acts amendatory of the provisions thereof

or supplemental thereto:

(a) ``Physical therapy'' means a health specialty concerned with the

evaluation, treatment or instruction of human beings to assess, prevent

and alleviate physical disability and pain. This includes the administration

and evaluation of tests and measurements of bodily functions and struc-

tures in aid of treatment; the planning, administration, evaluation and

modifications of treatment and instruction, including the use of physical

measures, activities and devices for prevention and therapeutic purposes;

and the provision of consultative, educational and advisory services for

the purpose of reducing the incidence and severity of physical disability

and pain. The use of roentgen rays and radium for diagnostic and ther-

apeutic purposes, the use of electricity for surgical purposes, including

cauterization, and the practice of medicine and surgery are not authorized

or included under the term ``physical therapy'' as used in this act exam-

ining, evaluating and testing individuals with mechanical, anatomical,

physiological and developmental impairments, functional limitations and

disabilities or other health and movement-related conditions in order to

determine a diagnosis solely for physical therapy, prognosis, plan of ther-

apeutic intervention and to assess the ongoing effects of physical therapy

intervention. Physical therapy also includes alleviating impairments, func-

tional limitations and disabilities by designing, implementing and modi-

fying therapeutic interventions that may include, but are not limited to,

therapeutic exercise; functional training in community or work integra-

tion or reintegration; manual therapy; therapeutic massage; prescription,

application and, as appropriate, fabrication of assistive, adaptive, or-

thotic, prosthetic, protective and supportive devices and equipment; air-

way clearance techniques; integumentary protection and repair tech-

niques; debridement and wound care; physical agents or modalities;

mechanical and electrotherapeutic modalities; patient-related instruction;

reducing the risk of injury, impairments, functional limitations and dis-

ability, including the promotion and maintenance of fitness, health and

quality of life in all age populations and engaging in administration, con-

sultation, education and research. Physical therapy also includes the care

and services provided by a physical therapist or a physical therapist as-

sistant under the direction and supervision of a physical therapist that is

licensed pursuant to this act. Physical therapy does not include the use of

roentgen rays and radium for diagnostic and therapeutic purposes, the

use of electricity for surgical purposes, including cauterization, the prac-

tice of any branch of the healing arts and the making of a medical diag-

nosis.

(b) ``Physical therapist'' means a person who practices physical ther-

apy as defined in this act and delegates selective forms of treatment to

supportive personnel under the supervision of such person is licensed to

practice physical therapy pursuant to this act. Any person who success-

fully meets the requirements of K.S.A. 65-2906 and amendments thereto

shall be known and designated as a physical therapist and may designate

or describe oneself as a physical therapist, physiotherapist, registered li-

censed physical therapist, P.T., Ph. T., M.P.T., D.P.T. or R.P.T. L.P.T.

Physical therapists may evaluate patients without physician referral but

may initiate treatment only after consultation with and approval by a phy-

sician licensed to practice medicine and surgery, a licensed podiatrist, a

licensed chiropractor or a licensed dentist in appropriately related cases

or a therapeutic licensed optometrist pursuant to subsection (e) of K.S.A.

65-1501, and amendments thereto.

(c) ``Physical therapist assistant'' means a person who is certified pur-

suant to this act and who works under the direction of a physical therapist,

and who assists in the application of physical therapy, and whose activities

require an understanding of physical therapy, but do not require profes-

sional or advanced training in the anatomical, biological and physical sci-

ences involved in the practice of physical therapy the physical therapist

in selected components of physical therapy intervention. Any person who

successfully meets the requirements of K.S.A. 65-2906 and amendments

thereto shall be known and designated as a physical therapist assistant,

and may designate or describe oneself as a physical therapist assistant,

certified physical therapist assistant, P.T.A., C.P.T.A. or P.T. Asst.

(d) ``Board'' means the state board of healing arts.

(e) ``Council'' means the physical therapy advisory council.

Sec. 2. K.S.A. 65-2903 is hereby amended to read as follows: 65-

2903. There is hereby created a state examining committee for physical

therapy advisory council to assist the state board of healing arts in carrying

out the provisions of this law, regarding the qualifications and examination

of physical therapists and physical therapist assistants. The examining

committee council shall consist of five members, citizens and residents

of the state of Kansas, three of whom shall be physical therapists, one of

whom shall be a physician licensed by the board to practice medicine and

surgery and one of whom shall be a member of such board.

Sec. 3. K.S.A. 65-2904 is hereby amended to read as follows: 65-

2904. The state examining committee council shall be appointed as fol-

lows: The state board of healing arts shall appoint one physician licensed

to practice medicine and surgery and one member of the state board of

healing arts, and the governor shall appoint three physical therapists who

are duly registered licensed physical therapists who have at least three

years' experience in physical therapy immediately preceding the appoint-

ment and are actively engaged, in this state, in physical therapy. The

foregoing appointees shall constitute the state examining committee for

physical therapy council. Except as otherwise provided in this section, the

members appointed in accordance with this section shall be appointed

for terms of four years and shall serve until their successors are appointed

and qualify. Of the first three physical therapist members appointed by

the governor on or after July 1, 1983, one shall be appointed for a term

of two years, one shall be appointed for a term of three years and one

shall be appointed for a term of four years, and these members shall serve

until a successor is appointed and qualified. Thereafter, physical therapist

members appointed by the governor shall be appointed for terms of four

years and shall serve until their successors are appointed and qualified.

Members serving on the examining committee for physical therapy on the

effective date of this act shall be members of the council and shall serve

on the council until the conclusion of the terms for which they were ap-

pointed to the examining committee for physical therapy and until their

successors are appointed and qualified. Each member of the committee

council shall take an oath as required by law for state officers. No physical

therapist member appointed by the governor on or after July 1, 1983,

shall be appointed for more than two successive four-year terms com-

mencing on or after that date.

Sec. 4. K.S.A. 65-2905 is hereby amended to read as follows: 65-

2905. (a) The state examining committee for physical therapy advisory

council provided for in this act shall elect from their members a president

and a vice-president, who shall serve for one year or until their successors

are elected and qualified. The executive director of the state board of

healing arts shall act as secretary of the examining committee council.

(b) The state examining committee council shall serve in an advisory

capacity to the state board of healing arts in matters pertaining to physical

therapy. The state board of healing arts may adopt reasonable rules and

regulations relative to the qualification and examination of applicants as

may be found necessary for the performance of its duties. As to any mat-

ters coming under its jurisdiction, the state examining committee council

while in session may take testimony and any member may administer

oaths in the taking of such testimony.

(c) A simple majority of the committee council shall constitute a quo-

rum for the transaction of business. The secretary shall keep a record of

all procedures of the committee council.

(d) The examining committee shall meet at a city designated by the

examining committee and the board, and under the direction of the state

board of healing arts, there conduct the examination for the registration

of physical therapists and certification of physical therapist assistants, at

least once each year, and may hold other meetings and examinations at

such times and places as the examining committee and board may deter-

mine.

(e) (d) The board may appoint and fix the compensation of such em-

ployees as may be necessary to assist the examining committee council,

and the board shall have the power to employ such expert assistance as

it may deem necessary to carry out the purposes of this act. Members of

the state examining committee for physical therapy council attending

meetings of such committee council, or attending a subcommittee meet-

ing thereof authorized by such committee council, shall be paid compen-

sation, subsistence allowances, mileage and other expenses as amounts

provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.

Sec. 5. K.S.A. 65-2906 is hereby amended to read as follows: 65-

2906. (a) It shall be the duty of The state board of healing arts, with the

advice and assistance of the state examining committee, to council, shall

pass upon the qualifications of all applicants for examination and regis-

tration licensure or certification, provide for and conduct all examinations,

determine the applicants who successfully pass the examination, and duly

register license or certify such persons and adopt rules and regulations

for professional conduct of the registered or certified persons those ap-

plicants who meet the qualifications established by this act.

(b) An applicant applying for registration licensure as a physical ther-

apist or for a certificate as a physical therapist assistant shall file a written

application on forms provided by the state board of healing arts, showing

to the satisfaction of the board that the applicant meets the following

requirements:

(1) The applicant is of legal age;

(2) the applicant has successfully completed the academic require-

ments of an educational program in physical therapy approved by the

board which is appropriate for the certification or registration licensure

of the applicant or, if the applicant attended a program not approved by

the board, the applicant shall present an evaluation by an entity approved

by the board showing that applicant's educational program met the cri-

teria a school must satisfy to be approved by the board;

(3) the applicant has passed an examination required by the board

which is appropriate for the certification or registration licensure of the

applicant to test the applicant's knowledge of the basic and clinical sci-

ences relating to physical therapy theory and practice; and

(4) the applicant has paid to the board all applicable fees established

under K.S.A. 65-2911 and amendments thereto.

(c) The board shall adopt rules and regulations establishing the cri-

teria which a school shall satisfy in order to be approved by the board for

purposes of subsection (b). The board may send a questionnaire devel-

oped by the board to any school for which the board does not have suf-

ficient information to determine whether the school meets the require-

ments of the board for approval and rules and regulations adopted under

this section. The questionnaire providing the necessary information shall

be completed and returned to the board in order for the school to be

considered for approval. The board may contract with investigative agen-

cies, commissions or consultants to assist the board in obtaining infor-

mation about schools. In entering such contracts the authority to approve

schools shall remain solely with the board.

(d) All registrations or certificates issued prior to July 1, 1994, which

are in effect on the effective date of this act shall be and continue in full

force and effect and be eligible for renewal and reinstatement under

K.S.A. 65-2910 and amendments thereto.

Sec. 6. K.S.A. 65-2909 is hereby amended to read as follows: 65-

2909. (a) The board may issue a certificate of registration license in phys-

ical therapy without examination therein to an applicant who presents

evidence satisfactory to the board of having passed the examination in

physical therapy of the American registry of physical therapists, approved

by the board or an examination before a similar, lawfully authorized ex-

amining board in physical therapy of another state, District of Columbia,

territory or foreign country, if the standards for registration licensure in

physical therapy in such other state, district, territory or foreign country

are determined by the board to be as high as those of this state. At the

time of making such application, the applicant shall pay to the board a

fee as prescribed, no part of which shall be returned.

(b) The board may issue a certificate as a physical therapist assistant

without examination therein to an applicant who presents evidence sat-

isfactory to the board of having passed an examination as a physical ther-

apist assistant as approved by the state board of healing arts or an ex-

amination before a similar, lawfully authorized examining board in

physical therapy of another state, District of Columbia, territory or foreign

country, if the standards for certification in physical therapy in such other

state, District of Columbia, territory or foreign country are determined

by the board to be as high as those of this state. At the time of making

such application, the applicant shall pay to the board a fee as prescribed,

no part of which shall be returned.

(c) The board may issue a temporary permit to an applicant for li-

censure as a physical therapist or an applicant for certification as a phys-

ical therapist assistant who applies for a temporary permit on a form

provided by the board, who meets the requirements for licensure as a

physical therapist or for certification as a physical therapist assistant or

who meets all of the requirements for licensure or certification except

examination and who pays to the board the temporary permit fee as re-

quired under K.S.A. 65-2911 and amendments thereto. Such temporary

permit shall expire three months from the date of issue or on the date that

the board approves the application for licensure or certification, which-

ever occurs first. No more than one such temporary permit shall be

granted to any one person.

Sec. 7. K.S.A. 65-2910 is hereby amended to read as follows: 65-

2910. (a) The registration license of every registered licensed physical

therapist and the certification of every certified physical therapist assistant

shall expire on the date established by rules and regulations of the state

board of healing arts which may provide renewal throughout the year on

a continuing basis. In each case in which a registration license or certifi-

cate is renewed for a period of time of less than one year, the board may

prorate the amount of the fee established under K.S.A. 65-2911 and

amendments thereto. The request for renewal shall be on a form provided

by the board and shall be accompanied by the renewal fee established

under to K.S.A. 65-2911 and amendments thereto which shall be paid

not later than the expiration date of the registration license or certificate.

(b) The state board of healing arts shall require every registered li-

censed physical therapist or certified physical therapist assistant as a con-

dition of renewal to submit with the application for a renewal evidence

of satisfactory completion of a program of continuing education required

by the board. The board shall establish the requirements for each such

program of continuing education by rules and regulations. In establishing

such requirements the board shall consider any existing programs of con-

tinuing education currently being offered to registered licensed physical

therapists or certified physical therapist assistants.

(c) The state board of healing arts prior to renewal of the registration

of a physical therapist, shall require the registrant, if in the active practice

of physical therapy within Kansas, to submit to the board evidence sat-

isfactory to the board that the registrant is maintaining a policy of pro-

fessional liability insurance as required by K.S.A. 40-3402 and amend-

ments thereto and has paid the annual premium surcharge as required

by K.S.A. 40-3404 and amendments thereto.

(d) (c) At least 30 days before the expiration of the registration license

of a physical therapist or the certificate of a physical therapist assistant,

the state board of healing arts shall notify the registrant licensee or cer-

tificate holder of the expiration by mail addressed to the registrant's li-

censee's last mailing address as noted upon the office records. If the reg-

istrant licensee or certificate holder fails to pay the renewal fee by the

date of expiration, the registrant licensee or certificate holder shall be

given a second notice that the registration license or certificate has expired

and the registration license or certificate may be renewed only if the

renewal fee and the late renewal fee are received by the board within the

thirty-day period following the date of expiration and that, if both fees

are not received within the thirty-day period, the registration license or

certificate shall be considered to have lapsed canceled for failure to renew

and shall be reissued only after the physical therapist or physical therapist

assistant has been reinstated under subsection (e) (d).

(e) (d) Any registrant licensee or certificate holder who allows the

registration license or certificate to lapse be canceled by failing to renew

may be reinstated upon recommendation of the state board of healing

arts and, upon payment of the renewal fee and the reinstatement fee and

upon submitting evidence of satisfactory completion of any applicable

reeducation and continuing education requirements established by the

board. The board shall adopt rules and regulations establishing appro-

priate reeducation and continuing education requirements for reinstate-

ment of persons whose registrations licenses or certificates have lapsed

been canceled for failure to renew.

Sec. 8. K.S.A. 65-2911 is hereby amended to read as follows: 65-

2911. (a) The state board of healing arts may adopt such rules and reg-

ulations as necessary to carry out the purposes of this act. The executive

director of the board shall keep a record of all proceedings under this act

and a roster of all persons registered licensed or certified under the act.

The roster shall show the name, address, date and number of the original

certificate of registration license or certificate, and the renewal thereof.

(b) (1) The board shall charge and collect in advance fees provided

for in this act as fixed by the board by rules and regulations, subject to

the following limitations:

Application based upon certificate of prior examination, not more than$80
Application based on examination, not more than100
Annual renewal fee, not more than70
Late renewal fee, not more than75
Reinstatement fee, not more than80
Certified copy of license or certificate, not more than15
Duplicate certificate15
Temporary permit25

(2) The board shall charge and collect in advance fees for any ex-

amination administered by the board under article 29 of chapter 65 of

the Kansas Statutes Annotated and acts amendatory of the provisions

thereof or supplemental thereto as fixed by the board by rules and regu-

lations in an amount equal to the cost to the board of the examination. If

the examination is not administered by the board, the board may require

that fees paid for any examination under article 29 of chapter 65 of the

Kansas Statutes Annotated and acts amendatory of the provisions thereof

or supplemental thereto be paid directly to the examination service by the

person taking the examination.

(3) The fees fixed by the board by rules and regulations under article

29 of chapter 65 of the Kansas Statutes Annotated and acts amendatory

of the provisions thereof or supplemental thereto and in effect immediately

prior to the effective date of this act shall continue in effect until different

fees are fixed by the board by rules and regulations as provided under

this section.

(b) (c) The state board of healing arts shall remit all moneys received

by or for it from fees, charges or penalties to the state treasurer in ac-

cordance with the provisions of K.S.A. 75-4215, and amendments thereto.

Upon receipt of each such remittance, the state treasurer shall deposit

the entire amount in the state treasury. Twenty percent of such amount

shall be credited to the state general fund and the balance shall be cred-

ited to the healing arts fee fund. All expenditures from such fund shall

be made in accordance with appropriation acts upon warrants of the di-

rector of accounts and reports issued pursuant to vouchers approved by

the president of the board or by a person or persons designated by the

president of the board.

Sec. 9. K.S.A. 65-2912 is hereby amended to read as follows: 65-

2912. (a) The board may refuse to grant a certificate of registration license

to any physical therapist or a certificate to any physical therapist assistant,

or may suspend or revoke the registration license of any registered li-

censed physical therapist or certificate of any certified physical therapist

assistant, or may limit the license of any licensed physical therapist or

certificate of any certified physical therapist assistant or may censure a

licensed physical therapist or certified physical therapist assistant for any

of the following grounds:

(1) Addiction to or distribution of intoxicating liquors or drugs for

other than lawful purposes;

(2) conviction of a felony if the board determines, after investigation,

that the physical therapist or physical therapist assistant has not been

sufficiently rehabilitated to warrant the public trust;

(3) obtaining or attempting to obtain registration licensure or certi-

fication by fraud or deception;

(4) finding by a court of competent jurisdiction that the physical ther-

apist or physical therapist assistant is a disabled person and has not there-

after been restored to legal capacity;

(5) unprofessional conduct as defined by rules and regulations

adopted by the board;

(6) the treatment or attempt to treat ailments or other health con-

ditions of human beings other than by physical therapy and as authorized

by this act;

(7) failure to refer patients to other health care providers if symptoms

are present for which physical therapy treatment is inadvisable or if symp-

toms indicate conditions for which treatment is outside the scope of

knowledge of the registered licensed physical therapist;

(8) initiating treatment without prior consultation and approval by a

physician licensed to practice medicine and surgery, by a licensed podi-

atrist or, by a licensed chiropractor, by a licensed dentist or by a thera-

peutic licensed optometrist pursuant to subsection (e) of K.S.A. 65-1501,

and amendments thereto; and

(9) knowingly submitting any misleading, deceptive, untrue or fraud-

ulent misrepresentation on a claim form, bill or statement.

(b) All proceedings pursuant to this section article 29 of chapter 65

of the Kansas Statutes Annotated, and acts amendatory of the provisions

thereof or supplemental thereto, shall be conducted in accordance with

the provisions of the Kansas administrative procedure act and shall be

reviewable in accordance with the act for judicial review and civil enforce-

ment of agency actions.

Sec. 10. K.S.A. 65-2913 is hereby amended to read as follows: 65-

2913. (a) Any person who, in any manner, represents oneself as a physical

therapist, or who uses in connection with such person's name the words

or letters physical therapist, physiotherapist, registered physical therapist,

It shall be unlawful for any person who is not licensed under this act as

a physical therapist or whose license has been suspended or revoked in

any manner to represent oneself as a physical therapist or to use in con-

nection with such person's name the words physical therapist, physioth-

erapist or licensed physical therapist or use the abbreviations P.T., Ph.

T., M.P.T., D.P.T. or R.P.T. L.P.T., or any other letters, words, abbrevi-

ations or insignia, indicating or implying that such person is a physical

therapist, without a valid existing certificate of registration as a physical

therapist issued to such person under the provisions of this act, shall be

guilty of a class B nonperson misdemeanor. A violation of this subsection

shall constitute a class B nonperson misdemeanor.

(b) Any person who, in any manner, represents oneself as a physical

therapist assistant, or who uses in connection with such person's name

the words or letters physical therapist assistant, certified physical therapist

assistant, P.T.A., C.P.T.A. or P.T. Asst., or any other letters, words, ab-

breviations or insignia, indicating or implying that such person is a phys-

ical therapist assistant, without a valid existing certificate as a physical

therapist assistant issued to such person pursuant to the provisions of this

act, shall be guilty of a class B nonperson misdemeanor.

(c) Nothing in this act shall prohibit any person not holding oneself

out as a physical therapist or physical therapist assistant from carrying out

as an independent practitioner, without prescription or supervision, the

therapy or practice for which the person is qualified, and shall not prohibit

the person from using corrective therapy. Nothing in this act shall prohibit

any person who assists the physical therapist or physical therapist assistant

from being designated as a physical therapy aide. Nothing in this act is

intended to limit, preclude or otherwise interfere with the practices of

other health care providers formally trained and practicing their profes-

sion. The provisions of article 29 of chapter 65 of the Kansas Statutes

Annotated and acts amendatory thereof or supplemental thereto shall not

apply to the following individuals so long as they do not hold themselves

out in a manner prohibited under subsection (a) or (b) of this section:

(1) Persons rendering assistance in the case of an emergency;

(2) members of any church practicing their religious tenets;

(3) persons whose services are performed pursuant to the delegation

of and under the supervision of a physical therapist who is licensed under

this act;

(4) health care providers in the United States armed forces, public

health services, federal facilities and coast guard or other military service

when acting in the line of duty in this state;

(5) licensees under the healing arts act, and practicing their profes-

sions, when licensed and practicing in accordance with the provisions of

law or persons performing services pursuant to the delegation of a licensee

under subsection (g) of K.S.A. 65-2872 and amendments thereto;

(6) dentists practicing their professions, when licensed and practicing

in accordance with the provisions of law;

(7) nurses practicing their professions, when licensed and practicing

in accordance with the provisions of law or persons performing services

pursuant to the delegation of a licensed nurse under subsection (m) of

K.S.A. 65-1124 and amendments thereto;

(8) health care providers who have been formally trained and are

practicing in accordance with their training or have received specific

training in one or more functions included in this act pursuant to estab-

lished educational protocols or both;

(9) students while in actual attendance in an accredited health care

educational program and under the supervision of a qualified instructor;

(10) self-care by a patient or gratuitous care by a friend or family

member;

(11) optometrists practicing their profession when licensed and prac-

ticing in accordance with the provisions of article 15 of chapter 65 of the

Kansas Statutes Annotated and amendments thereto;

(12) podiatrists practicing their profession when licensed and prac-

ticing in accordance with the provisions of article 20 of chapter 65 of the

Kansas Statutes Annotated and amendments thereto;

(13) occupational therapists practicing their profession when licensed

and practicing in accordance with the occupational therapy practice act

and occupational therapy assistants practicing their profession when li-

censed and practicing in accordance with the occupational therapy prac-

tice act;

(14) respiratory therapists practicing their profession when licensed

and practicing in accordance with the respiratory therapy practice act;

(15) physician assistants practicing their profession when licensed

and practicing in accordance with the physician assistant licensure act;

(16) persons practicing corrective therapy in accordance with their

training in corrective therapy;

(17) athletic trainers practicing their profession when registered and

practicing in accordance with the athletic trainers registration act;

(18) persons who massage for the purpose of relaxation, muscle con-

ditioning or figure improvement, so long as no drugs are used and such

persons do not hold themselves out to be physicians or healers;

(19) barbers practicing their profession when licensed and practicing

in accordance with the provisions of article 18 of chapter 65 of the Kansas

Statutes Annotated and amendments thereto;

(20) cosmetologists practicing their profession when licensed and

practicing in accordance with the provisions of article 19 of chapter 65

of the Kansas Statutes Annotated and amendments thereto;

(21) attendants practicing their profession when certified and prac-

ticing in accordance with the provisions of article 61 of chapter 65 of the

Kansas Statutes Annotated and amendments thereto;

(22) naturopathic doctors practicing their profession when registered

and practicing in accordance with the naturopathic doctor registration

act.

(d) Any patient monitoring, assessment or other procedures designed

to evaluate the effectiveness of prescribed physical therapy must be per-

formed by or pursuant to the delegation of a licensed physical therapist

or other health care provider.

(e) Nothing in this act shall be construed to permit the practice of

medicine and surgery. No statute granting authority to licensees of the

state board of healing arts shall be construed to confer authority upon

physical therapists to engage in any activity not conferred by this act.

Sec. 11. K.S.A. 65-2914 is hereby amended to read as follows: 65-

2914. (a) No person shall employ fraud or deception in applying for or

securing a certificate of registration license as a physical therapist.

(b) A person registered licensed under this act as a physical therapist

shall not treat ailments or other health conditions of human beings other

than by physical therapy unless duly licensed or registered to provide such

treatment under the laws of this state.

(c) A person certified under this act as a physical therapist assistant

shall not treat ailments or other health conditions of human beings except

under the direction of a physical therapist duly registered licensed under

this act. The word ``direction'' as used in this subsection (c) shall mean

that the physical therapist shall see all patients initially and evaluate them

periodically except in those cases in a hospital setting when the physical

therapist is not immediately available, the physical therapist assistant may

initiate patient care after telephone contact with the physical therapist for

documented instruction. The physical therapist must then evaluate the

patient and establish a plan of treatment as soon as possible with a min-

imum weekly review.

(d) Any person violating the provisions of this section shall be guilty

of a class B misdemeanor.

Sec. 12. K.S.A. 65-2916 is hereby amended to read as follows: 65-

2916. (a) Any violation of the provisions of this act shall constitute a class

B misdemeanor.

(b) When it appears to the board that any person is violating any of

the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated

and acts amendatory of the provisions thereof or supplemental thereto,

the board may bring an action in the name of the state in a court of

competent jurisdiction for an injunction against such violation without

regard to whether proceedings have been or may be instituted before the

board or whether criminal proceedings have been or may be instituted.

(c) The board, in addition to any other penalty prescribed under the

provisions of article 29 of chapter 65 of the Kansas Statutes Annotated

and acts amendatory of the provisions thereof or supplemental thereto,

may assess a civil fine, after proper notice and an opportunity to be heard,

against a licensee for a violation of the provisions of article 29 of chapter

65 of the Kansas Statutes Annotated and acts amendatory of the provi-

sions thereof or supplemental thereto in an amount not to exceed $5,000

for the first violation, $10,000 for the second violation and $15,000 for

the third violation and for each subsequent violation. All fines assessed

and collected under this section shall be remitted to the state treasurer in

accordance with the provisions of K.S.A. 75-4215, and amendments

thereto. Upon receipt of each such remittance, the state treasurer shall

deposit the entire amount in the state treasury to the credit of the state

general fund.

Sec. 13. K.S.A. 65-2918 is hereby amended to read as follows: 65-

2918. Physical therapists and physical therapist assistants practicing their

profession, when registered licensed or certified and practicing under and

in accordance with the provisions of article 29 of chapter 65 of the Kansas

Statutes Annotated, and acts amendatory of the provisions thereof or sup-

plemental thereto, shall not be construed to be practicing the healing arts

or be subject to the healing arts act.

Sec. 14. K.S.A. 65-2919 is hereby amended to read as follows: 65-

2919. Any person holding a valid certificate registration as a physical

therapy assistant physical therapist immediately prior to the effective date

of this act which has been issued by the state board of healing arts shall

be deemed to be a certified licensed physical therapist assistant for the

purposes of this act and article 29 of chapter 65 of the Kansas Statutes

Annotated and acts amendatory of the provisions thereof and or supple-

mental thereto and shall be subject to the provisions of this act and the

provisions of such article and chapter of the Kansas Statutes Annotated

and acts amendatory of the provisions thereof or supplemental thereto.

Sec. 15. K.S.A. 7-121b is hereby amended to read as follows: 7-121b.

(a) Subject to subsection (b) of K.S.A. 40-3411 and amendments thereto,

whenever a civil action is commenced by filing a petition or whenever a

pleading states a claim in a district court for damages for personal injuries

or death arising out of the rendering of or the failure to render profes-

sional services by any health care provider, compensation for reasonable

attorney fees to be paid by each litigant in the action shall be approved

by the judge after an evidentiary hearing and prior to final disposition of

the case by the district court. Compensation for reasonable attorney fees

for services performed in an appeal of a judgment in any such action to

the court of appeals shall be approved after an evidentiary hearing by the

chief judge or by the presiding judge of the panel hearing the case. Com-

pensation for reasonable attorney fees for services performed in an appeal

of a judgment in any such action to the supreme court shall be approved

after an evidentiary hearing by the departmental justice for the depart-

ment in which the appeal originated. In determining the reasonableness

of such compensation, the judge or justice shall consider the following:

(1) The time and labor required, the novelty and difficulty of the

questions involved and the skill requisite to perform the legal service

properly.

(2) The likelihood, if apparent to the client, that the acceptance of

the particular employment will preclude other employment by the attor-

ney.

(3) The fee customarily charged in the locality for similar legal serv-

ices.

(4) The amount involved and the results obtained.

(5) The time limitations imposed by the client or by the circum-

stances.

(6) The nature and length of the professional relationship with the

client.

(7) The experience, reputation and ability of the attorney or attorneys

performing the services.

(8) Whether the fee is fixed or contingent.

(b) As used in this section:

(1) ``Health care provider'' means a person licensed to practice any

branch of the healing arts, a person who holds a temporary permit to

practice any branch of the healing arts, a person engaged in a postgrad-

uate training program approved by the state board of healing arts, a li-

censed medical care facility, a health maintenance organization, a licensed

dentist, a licensed professional nurse, a licensed practical nurse, a licensed

optometrist, a licensed podiatrist, a licensed pharmacist, a professional

corporation organized pursuant to the professional corporation law of

Kansas by persons who are authorized by such law to form such a cor-

poration and who are health care providers as defined by this subsection,

a registered licensed physical therapist or an officer, employee or agent

thereof acting in the course and scope of such person's employment or

agency; and

(2) ``professional services'' means those services which require licen-

sure, registration or certification by agencies of the state for the perform-

ance thereof.

Sec. 16. K.S.A. 2002 Supp. 17-2707 is hereby amended to read as

follows: 17-2707. As used in this act, unless the context clearly indicates

that a different meaning is intended:

(a) ``Professional corporation'' means a corporation organized under

this act.

(b) ``Professional service'' means the type of personal service ren-

dered by a person duly licensed by this state as a member of any of the

following professions, each paragraph constituting one type:

(1) A certified public accountant;

(2) an architect;

(3) an attorney-at-law;

(4) a chiropractor;

(5) a dentist;

(6) an engineer;

(7) an optometrist;

(8) an osteopathic physician or surgeon;

(9) a physician, surgeon or doctor of medicine;

(10) a veterinarian;

(11) a podiatrist;

(12) a pharmacist;

(13) a land surveyor;

(14) a licensed psychologist;

(15) a specialist in clinical social work;

(16) a registered licensed physical therapist;

(17) a landscape architect;

(18) a registered professional nurse;

(19) a real estate broker or salesperson;

(20) a clinical professional counselor;

(21) a geologist;

(22) a clinical psychotherapist; and

(23) a clinical marriage and family therapist.

(c) ``Regulating board'' means the court, board or state agency which

is charged with the licensing and regulation of the practice of the pro-

fession which the professional corporation is organized to render.

(d) ``Qualified person'' means:

(1) Any natural person licensed to practice the same type of profes-

sion which any professional corporation is authorized to practice;

(2) the trustee of a trust which is a qualified trust under subsection

(a) of section 401 of the federal internal revenue code, as in effect on

January 1, 2001, or of a contribution plan which is a qualified employee

stock ownership plan under subsection (a) of section 409A of the federal

internal revenue code, as in effect on January 1, 2001; or

(3) the trustee of a revocable living trust established by a natural

person who is licensed to practice the type of profession which any pro-

fessional corporation is authorized to practice, if the terms of such trust

provide that such natural person is the principal beneficiary and sole

trustee of such trust and such trust does not continue to hold title to

professional corporation stock following such natural person's death for

more than a reasonable period of time necessary to dispose of such stock.

Sec. 17. K.S.A. 2002 Supp. 21-3721 is hereby amended to read as

follows: 21-3721. (a) Criminal trespass is:

(1) Entering or remaining upon or in any land, nonnavigable body of

water, structure, vehicle, aircraft or watercraft other than railroad prop-

erty as defined in K.S.A. 2002 Supp. 21-3761 and amendments thereto

by a person who knows such person is not authorized or privileged to do

so, and:

(A) Such person enters or remains therein in defiance of an order

not to enter or to leave such premises or property personally communi-

cated to such person by the owner thereof or other authorized person;

or

(B) such premises or property are posted in a manner reasonably

likely to come to the attention of intruders, or are locked or fenced or

otherwise enclosed, or shut or secured against passage or entry; or

(C) such person enters or remains therein in defiance of a restraining

order issued pursuant to K.S.A. 2002 Supp. 60-31a05, K.S.A. 2002 Supp.

60-31a06, K.S.A. 60-1607, 60-3105, 60-3106 or 60-3107 or K.S.A. 38-

1542, 38-1543 or 38-1563, and amendments thereto, and the restraining

order has been personally served upon the person so restrained; or

(2) entering or remaining upon or in any public or private land or

structure in a manner that interferes with access to or from any health

care facility by a person who knows such person is not authorized or

privileged to do so and such person enters or remains thereon or therein

in defiance of an order not to enter or to leave such land or structure

personally communicated to such person by the owner of the health care

facility or other authorized person.

(b) As used in this section:

(1) ``Health care facility'' means any licensed medical care facility,

certificated health maintenance organization, licensed mental health cen-

ter, or mental health clinic, licensed psychiatric hospital or other facility

or office where services of a health care provider are provided directly to

patients.

(2) ``Health care provider'' means any person: (A) Licensed to prac-

tice a branch of the healing arts; (B) licensed to practice psychology; (C)

licensed to practice professional or practical nursing; (D) licensed to prac-

tice dentistry; (E) licensed to practice optometry; (F) licensed to practice

pharmacy; (G) registered licensed to practice podiatry; (H) licensed as a

social worker; or (I) registered licensed to practice physical therapy.

(c) (1) Criminal trespass is a class B nonperson misdemeanor.

(2) Upon a conviction of a violation of subsection (a)(1)(C), a person

shall be sentenced to not less than 48 consecutive hours of imprisonment

which must be served either before or as a condition of any grant of

probation or suspension, reduction of sentence or parole.

Sec. 18. K.S.A. 40-2,111 is hereby amended to read as follows: 40-

2,111. As used in K.S.A. 40-2,111 through 40-2,113, and amendments

thereto: (a) ``Adverse underwriting decision'' means: Any of the following

actions with respect to insurance transactions involving insurance cover-

age which is individually underwritten:

(1) A declination of insurance coverage;

(2) a termination of insurance coverage;

(3) an offer to insure at higher than standard rates, with respect to

life, health or disability insurance coverage; or

(4) the charging of a higher rate on the basis of information which

differs from that which the applicant or policyholder furnished, with re-

spect to property or casualty insurance coverage.

(b) ``Declination of insurance coverage'' means a denial, in whole or

in part, by an insurance company or agent of requested insurance cov-

erage.

(c) ``Health care institution'' means any medical care facility, adult

care home, drug abuse and alcoholic treatment facility, home-health

agency certified for federal reimbursement, mental health center or men-

tal health clinic licensed by the secretary of social and rehabilitation serv-

ices, kidney disease treatment center, county, city-county or multicounty

health departments and health-maintenance organization.

(d) ``Health care provider'' means any person licensed to practice any

branch of the healing arts, licensed dentist, licensed professional nurse,

licensed practical nurse, advanced registered nurse practitioner, licensed

optometrist, registered licensed physical therapist, licensed social worker,

licensed physician assistant, licensed podiatrist or licensed psychologist.

(e) ``Institutional source'' means any natural person, corporation, as-

sociation, partnership or governmental or other legal entity that provides

information about an individual to an agent or insurance company, other

than:

(1) An agent;

(2) the individual who is the subject of the information; or

(3) a natural person acting in a personal capacity rather than a busi-

ness or professional capacity.

(f) ``Insurance transaction'' means any transaction involving insur-

ance, but not including group insurance coverage, primarily for personal,

family or household needs rather than business or professional needs.

(g) ``Medical-record information'' means personal information which:

(1) Relates to an individual's physical or mental condition, medical

history or medical treatment; and

(2) is obtained from a health care provider or health care institution,

from the individual, or from the individual's spouse, parent or legal guard-

ian.

(h) ``Termination of insurance coverage'' or ``termination of an insur-

ance policy'' means either a cancellation, nonrenewal or lapse of an in-

surance policy, in whole or in part, for any reason other than:

(1) The failure to pay a premium as required by the policy; or

(2) at the request or direction of the insured.

Sec. 19. K.S.A. 2002 Supp. 40-3401 is hereby amended to read as

follows: 40-3401. As used in this act the following terms shall have the

meanings respectively ascribed to them herein.

(a) ``Applicant'' means any health care provider.

(b) ``Basic coverage'' means a policy of professional liability insurance

required to be maintained by each health care provider pursuant to the

provisions of subsection (a) or (b) of K.S.A. 40-3402 and amendments

thereto.

(c) ``Commissioner'' means the commissioner of insurance.

(d) ``Fiscal year'' means the year commencing on the effective date

of this act and each year, commencing on the first day of that month,

thereafter.

(e) ``Fund'' means the health care stabilization fund established pur-

suant to subsection (a) of K.S.A. 40-3403 and amendments thereto.

(f) ``Health care provider'' means a person licensed to practice any

branch of the healing arts by the state board of healing arts with the

exception of physician assistants, a person who holds a temporary permit

to practice any branch of the healing arts issued by the state board of

healing arts, a person engaged in a postgraduate training program ap-

proved by the state board of healing arts, a medical care facility licensed

by the department of health and environment, a health maintenance or-

ganization issued a certificate of authority by the commissioner of insur-

ance, a podiatrist licensed by the state board of healing arts, an optom-

etrist licensed by the board of examiners in optometry, a pharmacist

licensed by the state board of pharmacy, a licensed professional nurse

who is authorized to practice as a registered nurse anesthetist, a licensed

professional nurse who has been granted a temporary authorization to

practice nurse anesthesia under K.S.A. 65-1153 and amendments thereto,

a professional corporation organized pursuant to the professional corpo-

ration law of Kansas by persons who are authorized by such law to form

such a corporation and who are health care providers as defined by this

subsection, a Kansas limited liability company organized for the purpose

of rendering professional services by its members who are health care

providers as defined by this subsection and who are legally authorized to

render the professional services for which the limited liability company

is organized, a partnership of persons who are health care providers under

this subsection, a Kansas not-for-profit corporation organized for the pur-

pose of rendering professional services by persons who are health care

providers as defined by this subsection, a nonprofit corporation organized

to administer the graduate medical education programs of community

hospitals or medical care facilities affiliated with the university of Kansas

school of medicine, a dentist certified by the state board of healing arts

to administer anesthetics under K.S.A. 65-2899 and amendments thereto,

a physical therapist registered by the state board of healing arts, a psy-

chiatric hospital licensed under K.S.A. 75-3307b and amendments

thereto, or a mental health center or mental health clinic licensed by the

secretary of social and rehabilitation services, except that health care pro-

vider does not include (1) any state institution for the mentally retarded,

(2) any state psychiatric hospital, (3) any person holding an exempt license

issued by the state board of healing arts or (4) any person holding a visiting

clinical professor license from the state board of healing arts.

(g) ``Inactive health care provider'' means a person or other entity

who purchased basic coverage or qualified as a self-insurer on or subse-

quent to the effective date of this act but who, at the time a claim is made

for personal injury or death arising out of the rendering of or the failure

to render professional services by such health care provider, does not

have basic coverage or self-insurance in effect solely because such person

is no longer engaged in rendering professional service as a health care

provider.

(h) ``Insurer'' means any corporation, association, reciprocal

exchange, inter-insurer and any other legal entity authorized to write bod-

ily injury or property damage liability insurance in this state, including

workers compensation and automobile liability insurance, pursuant to the

provisions of the acts contained in article 9, 11, 12 or 16 of chapter 40 of

Kansas Statutes Annotated.

(i) ``Plan'' means the operating and administrative rules and proce-

dures developed by insurers and rating organizations or the commissioner

to make professional liability insurance available to health care providers.

(j) ``Professional liability insurance'' means insurance providing cov-

erage for legal liability arising out of the performance of professional

services rendered or which should have been rendered by a health care

provider.

(k) ``Rating organization'' means a corporation, an unincorporated as-

sociation, a partnership or an individual licensed pursuant to K.S.A. 40-

956, and amendments thereto, to make rates for professional liability in-

surance.

(l) ``Self-insurer'' means a health care provider who qualifies as a self-

insurer pursuant to K.S.A. 40-3414 and amendments thereto.

(m) ``Medical care facility'' means the same when used in the health

care provider insurance availability act as the meaning ascribed to that

term in K.S.A. 65-425 and amendments thereto, except that as used in

the health care provider insurance availability act such term, as it relates

to insurance coverage under the health care provider insurance availa-

bility act, also includes any director, trustee, officer or administrator of a

medical care facility.

(n) ``Mental health center'' means a mental health center licensed by

the secretary of social and rehabilitation services under K.S.A. 75-3307b

and amendments thereto, except that as used in the health care provider

insurance availability act such term, as it relates to insurance coverage

under the health care provider insurance availability act, also includes any

director, trustee, officer or administrator of a mental health center.

(o) ``Mental health clinic'' means a mental health clinic licensed by

the secretary of social and rehabilitation services under K.S.A. 75-3307b

and amendments thereto, except that as used in the health care provider

insurance availability act such term, as it relates to insurance coverage

under the health care provider insurance availability act, also includes any

director, trustee, officer or administrator of a mental health clinic.

(p) ``State institution for the mentally retarded'' means Winfield state

hospital and training center, Parsons state hospital and training center

and the Kansas neurological institute.

(q) ``State psychiatric hospital'' means Larned state hospital, Osawa-

tomie state hospital and Rainbow mental health facility.

(r) ``Person engaged in residency training'' means:

(1) A person engaged in a postgraduate training program approved

by the state board of healing arts who is employed by and is studying at

the university of Kansas medical center only when such person is engaged

in medical activities which do not include extracurricular, extra-institu-

tional medical service for which such person receives extra compensation

and which have not been approved by the dean of the school of medicine

and the executive vice-chancellor of the university of Kansas medical cen-

ter. Persons engaged in residency training shall be considered resident

health care providers for purposes of K.S.A. 40-3401 et seq., and amend-

ments thereto; and

(2) a person engaged in a postgraduate training program approved by

the state board of healing arts who is employed by a nonprofit corporation

organized to administer the graduate medical education programs of com-

munity hospitals or medical care facilities affiliated with the university of

Kansas school of medicine or who is employed by an affiliate of the uni-

versity of Kansas school of medicine as defined in K.S.A. 76-367 and

amendments thereto only when such person is engaged in medical activ-

ities which do not include extracurricular, extra-institutional medical serv-

ice for which such person receives extra compensation and which have

not been approved by the chief operating officer of the nonprofit cor-

poration or the chief operating officer of the affiliate and the executive

vice-chancellor of the university of Kansas medical center.

(s) ``Full-time physician faculty employed by the university of Kansas

medical center'' means a person licensed to practice medicine and surgery

who holds a full-time appointment at the university of Kansas medical

center when such person is providing health care.

(t) ``Sexual act'' or ``sexual activity'' means that sexual conduct which

constitutes a criminal or tortious act under the laws of the state of Kansas.

Sec. 20. K.S.A. 60-513d is hereby amended to read as follows: 60-

513d. As used in K.S.A. 60-513 and 60-513b, and amendments to such

statutes, the term ``health care provider'' means a person licensed to prac-

tice any branch of the healing arts, a person who holds a temporary permit

to practice any branch of the healing arts, a person engaged in a post-

graduate training program approved by the state board of healing arts, a

licensed medical care facility, a health maintenance organization, a li-

censed dentist, a licensed professional nurse, a licensed practical nurse,

a licensed optometrist, a licensed podiatrist, a professional corporation

organized pursuant to the professional corporation law of Kansas by per-

sons who are authorized by such law to form such a corporation and who

are health care providers as defined by this section, a licensed pharmacist

or a registered licensed physical therapist.

Sec. 21. K.S.A. 60-2609 is hereby amended to read as follows: 60-

2609. (a) Whenever judgment is entered on a claim in any action for

recovery of damages for personal injury or death arising out of the ren-

dering of or the failure to render professional services by any health care

provider, the court may include in such judgment a requirement that the

damages awarded be paid in whole or in part by installment or periodic

payments, and any installment or periodic payment upon becoming due

and payable under the terms of any such judgment shall constitute a

separate judgment upon which execution may issue. Any judgment or-

dering any such payments shall specify the amount of each payment, the

interval between payments and the number of payments to be paid under

the judgment. For good cause shown, the court may modify such judg-

ment with respect to the amount of such payments and the number of

payments to be made or the interval between payments, but the total

amount of damages awarded by such judgment shall not be subject to

modification in any event.

(b) As used in this section, ``health care provider'' means a person

licensed to practice any branch of the healing arts, a person who holds a

temporary permit to practice any branch of the healing arts or a person

engaged in a postgraduate training program approved by the state board

of healing arts, a licensed medical care facility, a health maintenance

organization, a licensed dentist, a licensed professional nurse, a licensed

practical nurse, a licensed optometrist, a licensed podiatrist, a licensed

pharmacist, a professional corporation organized pursuant to the profes-

sional corporation law of Kansas by persons who are authorized by such

law to form such a corporation and who are health care providers as

defined by this subsection, a registered licensed physical therapist or an

officer, employee or agent thereof acting in the course and scope of em-

ployment or agency.

Sec. 22. K.S.A. 65-1501 is hereby amended to read as follows: 65-

1501. (a) The practice of optometry means:

(1) The examination of the human eye and its adnexae and the em-

ployment of objective or subjective means or methods (including the ad-

ministering, prescribing or dispensing, of topical pharmaceutical drugs)

for the purpose of diagnosing the refractive, muscular, or pathological

condition thereof;

(2) the prescribing or adapting of lenses (including any ophthalmic

lenses which are classified as drugs by any law of the United States or of

this state), prisms, low vision rehabilitation services, orthoptic exercises

and visual training therapy for the relief of any insufficiencies or abnormal

conditions of the human eye and its adnexae; and

(3) except as otherwise limited by this section, the prescribing, ad-

ministering or dispensing of topical pharmaceutical drugs and oral drugs

for the examination, diagnosis and treatment of any insufficiencies or

abnormal conditions of the human eye and its adnexae.

(b) The practice of optometry shall not include: (1) The management

and treatment of glaucoma, except as provided in subsection (d); (2) the

performance of surgery, including the use of lasers for surgical purposes,

except that therapeutic licensees may remove superficial foreign bodies

from the cornea and the conjunctiva; (3) the use of topical pharmaceutical

drugs by a person licensed to practice optometry unless such person suc-

cessfully meets the requirements of a diagnostic licensee or a therapeutic

licensee; and (4) the prescribing, administering and dispensing of oral

drugs for ocular conditions by a person licensed to practice optometry

unless such person successfully meets the requirements of a therapeutic

licensee, except that such therapeutic licensee may prescribe or admin-

ister oral steroids or oral antiglaucoma drugs for ocular conditions follow-

ing consultation with an ophthalmologist, which consultation shall be

noted in writing in the patient's file. No optometrist may prescribe or

administer oral drugs to persons less than six years of age.

(c) A therapeutic licensee certified to treat adult open-angle glau-

coma as provided herein shall be held to a standard of care in the use of

such agents in diagnosis and treatment commensurate to that of a person

licensed to practice medicine and surgery, who exercises that degree of

skill and proficiency commonly exercised by an ordinary, skillful, careful

and prudent person licensed to practice medicine and surgery.

(d) An optometrist may prescribe, administer and dispense topical

pharmaceutical drugs and oral drugs for the treatment of adult open-

angle glaucoma only following glaucoma licensure as provided in subsec-

tion (l) of K.S.A. 65-1501a and amendments thereto. After the initial

diagnosis of adult open-angle glaucoma, by an optometrist during the co-

management period described in subsection (s) of K.S.A. 65-1501a and

amendments thereto, the patient shall be notified that the diagnosis must

be confirmed by an ophthalmologist and that any subsequent treatment

requires a written co-management plan with an ophthalmologist of the

patient's choice.

(e) Under the direction and supervision of a therapeutic licensee, a

licensed professional nurse, licensed practical nurse, registered licensed

physical therapist and licensed occupational therapist may assist in the

provision of low vision rehabilitation services in addition to such other

services which such licensed professional nurse, licensed practical nurse,

registered licensed physical therapist and licensed occupational therapist

is authorized by law to provide under subsection (d) of K.S.A. 65-1113,

subsection (h) of K.S.A. 65-1124, subsection (b) of K.S.A. 65-2901 and

subsection (b) of K.S.A. 65-5402, and amendments thereto.

Sec. 23. K.S.A. 65-1902 is hereby amended to read as follows: 65-

1902. (a) Except as provided in subsection (b), no person shall:

(1) Engage in practice of cosmetology, esthetics, nail technology or

electrology unless the person holds a valid license, issued by the board,

to engage in that practice;

(2) conduct a school for teaching cosmetology unless the person holds

a valid license, issued by the board, to conduct the school;

(3) teach cosmetology in a licensed school unless the person holds a

valid cosmetology instructor's license issued by the board;

(4) conduct a school for teaching nail technology unless the person

holds a valid license, issued by the board, to conduct the school;

(5) teach nail technology in a licensed school unless the person holds

a valid cosmetology or manicuring instructor's license issued by the board;

(6) conduct a school for teaching electrology unless the person holds

a valid license, issued by the board, to conduct the school;

(7) teach electrology in a licensed school or clinic unless the person

holds a valid electrology instructor's license issued by the board;

(8) conduct a school for teaching esthetics unless the person holds a

valid license, issued by the board, to conduct the school;

(9) teach esthetics in a licensed school unless the person holds a valid

cosmetology or esthetics instructor's license issued by the board;

(10) own or operate a school, salon or clinic where cosmetology, es-

thetics, nail technology or electrology is taught or practiced unless the

person holds a valid school, salon or clinic license issued by the board; or

(11) teach or practice cosmetology, esthetics, nail technology or elec-

trology in a school, salon or clinic unless the owner or operator of the

school, salon or clinic holds a valid school, salon or clinic license issued

by the board.

(b) The provisions of this act shall not apply to:

(1) Any person licensed as a barber or apprentice barber;

(2) any person licensed to practice medicine and surgery, chiroprac-

tic, optometry, nursing or dentistry, while engaged in that practice;

(3) any person who is a registered licensed physical therapist or cer-

tified physical therapist assistant while engaged in that practice; or

(4) any teacher while engaged in instructing elementary or secondary

school students in the proper care of their own persons.

(c) A person holding a license as a cosmetology technician on the day

immediately preceding the effective date of this act shall continue to be

a licensed cosmetology technician and perform the functions of a cos-

metology technician, as such term was defined immediately prior to the

effective date of this act, and may renew such license subject to the pay-

ment of fees and other conditions and limitations on the renewal of li-

censes under article 19 of chapter 65 of the Kansas Statutes Annotated

and acts amendatory of the provisions thereof.

(d) If the board determines that an individual has violated subsection

(a), in addition to any other penalties imposed by law, the board, in ac-

cordance with the Kansas administrative procedure act, may issue a cease

and desist order against such individual or may assess such individual a

fine of not to exceed $1,500, or may issue such order and assess such fine.

In determining the amount of fine to be assessed, the board may consider

the following factors: (1) Willfulness of the violation, (2) repetitions of

the violation and (3) risk of harm to the public caused by the violation.

(e) A violation of subsection (a) of this section is a class C misde-

meanor.

Sec. 24. K.S.A. 65-2891 is hereby amended to read as follows: 65-

2891. (a) Any health care provider who in good faith renders emergency

care or assistance at the scene of an emergency or accident including

treatment of a minor without first obtaining the consent of the parent or

guardian of such minor shall not be liable for any civil damages for acts

or omissions other than damages occasioned by gross negligence or by

willful or wanton acts or omissions by such person in rendering such

emergency care.

(b) Any health care provider may render in good faith emergency

care or assistance, without compensation, to any minor requiring such

care or assistance as a result of having engaged in competitive sports,

without first obtaining the consent of the parent or guardian of such

minor. Such health care provider shall not be liable for any civil damages

other than damages occasioned by gross negligence or by willful or wan-

ton acts or omissions by such person in rendering such emergency care.

(c) Any health care provider may in good faith render emergency care

or assistance during an emergency which occurs within a hospital or else-

where, with or without compensation, until such time as the physician

employed by the patient or by the patient's family or by guardian assumes

responsibility for such patient's professional care. The health care pro-

vider rendering such emergency care shall not be held liable for any civil

damages other than damages occasioned by negligence.

(d) Any provision herein contained notwithstanding, the ordinary

standards of care and rules of negligence shall apply in those cases

wherein emergency care and assistance is rendered in any physician's or

dentist's office, clinic, emergency room or hospital with or without com-

pensation.

(e) As used in this section the term ``health care provider'' means any

person licensed to practice any branch of the healing arts, licensed dentist,

licensed optometrist, licensed professional nurse, licensed practical nurse,

licensed podiatrist, licensed pharmacist, registered licensed physical ther-

apist, and any physician's physician assistant who has successfully com-

pleted an American medical association approved training program and

has successfully completed the national board examination for physicians'

assistants of the American board of medical examiners, any registered

athletic trainer, any licensed occupational therapist, any licensed respi-

ratory therapist, any person who holds a valid attendant's certificate under

K.S.A. 65-6129, and amendments thereto, any person who holds a valid

certificate for the successful completion of a course in first aid offered or

approved by the American red cross, by the American heart association,

by the mining enforcement and safety administration of the bureau of

mines of the department of interior, by the national safety council or by

any instructor-coordinator, as defined in K.S.A. 65-6112, and amend-

ments thereto, and any person engaged in a postgraduate training pro-

gram approved by the state board of healing arts.

Sec. 25. K.S.A. 65-4915 is hereby amended to read as follows: 65-

4915. (a) As used in this section:

(1) ``Health care provider'' means: (A) Those persons and entities

defined as a health care provider under K.S.A. 40-3401 and amendments

thereto; and (B) a dentist licensed by the Kansas dental board, a dental

hygienist licensed by the Kansas dental board, a professional nurse li-

censed by the board of nursing, a practical nurse licensed by the board

of nursing, a mental health technician licensed by the board of nursing,

a physical therapist licensed by the state board of healing arts, a physical

therapist assistant certified by the state board of healing arts, an occu-

pational therapist licensed by the state board of healing arts, an occupa-

tional therapy assistant licensed by the state board of healing arts, a res-

piratory therapist licensed by the state board of healing arts, a physician

assistant licensed by the state board of healing arts and attendants and

ambulance services certified by the emergency medical services board.

(2) ``Health care provider group'' means:

(A) A state or local association of health care providers or one or more

committees thereof;

(B) the board of governors created under K.S.A. 40-3403 and amend-

ments thereto;

(C) an organization of health care providers formed pursuant to state

or federal law and authorized to evaluate medical and health care services;

(D) a review committee operating pursuant to K.S.A. 65-2840c and

amendments thereto;

(E) an organized medical staff of a licensed medical care facility as

defined by K.S.A. 65-425 and amendments thereto, an organized medical

staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and

amendments thereto or an organized medical staff of a state psychiatric

hospital or state institution for the mentally retarded, as follows: Larned

state hospital, Osawatomie state hospital, Rainbow mental health facility,

Kansas neurological institute and Parsons state hospital and training cen-

ter;

(F) a health care provider;

(G) a professional society of health care providers or one or more

committees thereof;

(H) a Kansas corporation whose stockholders or members are health

care providers or an association of health care providers, which corpora-

tion evaluates medical and health care services; or

(I) an insurance company, health maintenance organization or ad-

ministrator of a health benefits plan which engages in any of the functions

defined as peer review under this section.

(3) ``Peer review'' means any of the following functions:

(A) Evaluate and improve the quality of health care services rendered

by health care providers;

(B) determine that health services rendered were professionally in-

dicated or were performed in compliance with the applicable standard of

care;

(C) determine that the cost of health care rendered was considered

reasonable by the providers of professional health services in this area;

(D) evaluate the qualifications, competence and performance of the

providers of health care or to act upon matters relating to the discipline

of any individual provider of health care;

(E) reduce morbidity or mortality;

(F) establish and enforce guidelines designed to keep within reason-

able bounds the cost of health care;

(G) conduct of research;

(H) determine if a hospital's facilities are being properly utilized;

(I) supervise, discipline, admit, determine privileges or control mem-

bers of a hospital's medical staff;

(J) review the professional qualifications or activities of health care

providers;

(K) evaluate the quantity, quality and timeliness of health care serv-

ices rendered to patients in the facility;

(L) evaluate, review or improve methods, procedures or treatments

being utilized by the medical care facility or by health care providers in

a facility rendering health care.

(4) ``Peer review officer or committee'' means:

(A) An individual employed, designated or appointed by, or a com-

mittee of or employed, designated or appointed by, a health care provider

group and authorized to perform peer review; or

(B) a health care provider monitoring the delivery of health care at

correctional institutions under the jurisdiction of the secretary of correc-

tions.

(b) Except as provided by K.S.A. 60-437 and amendments thereto

and by subsections (c) and (d), the reports, statements, memoranda, pro-

ceedings, findings and other records submitted to or generated by peer

review committees or officers shall be privileged and shall not be subject

to discovery, subpoena or other means of legal compulsion for their re-

lease to any person or entity or be admissible in evidence in any judicial

or administrative proceeding. Information contained in such records shall

not be discoverable or admissible at trial in the form of testimony by an

individual who participated in the peer review process. The peer review

officer or committee creating or initially receiving the record is the holder

of the privilege established by this section. This privilege may be claimed

by the legal entity creating the peer review committee or officer, or by

the commissioner of insurance for any records or proceedings of the

board of governors.

(c) Subsection (b) shall not apply to proceedings in which a health

care provider contests the revocation, denial, restriction or termination

of staff privileges or the license, registration, certification or other au-

thorization to practice of the health care provider. A licensing agency in

conducting a disciplinary proceeding in which admission of any peer re-

view committee report, record or testimony is proposed shall hold the

hearing in closed session when any such report, record or testimony is

disclosed. Unless otherwise provided by law, a licensing agency conduct-

ing a disciplinary proceeding may close only that portion of the hearing

in which disclosure of a report or record privileged under this section is

proposed. In closing a portion of a hearing as provided by this section,

the presiding officer may exclude any person from the hearing location

except the licensee, the licensee's attorney, the agency's attorney, the

witness, the court reporter and appropriate staff support for either coun-

sel. The licensing agency shall make the portions of the agency record in

which such report or record is disclosed subject to a protective order

prohibiting further disclosure of such report or record. Such report or

record shall not be subject to discovery, subpoena or other means of legal

compulsion for their release to any person or entity. No person in at-

tendance at a closed portion of a disciplinary proceeding shall at a sub-

sequent civil, criminal or administrative hearing, be required to testify

regarding the existence or content of a report or record privileged under

this section which was disclosed in a closed portion of a hearing, nor shall

such testimony be admitted into evidence in any subsequent civil, crim-

inal or administrative hearing. A licensing agency conducting a discipli-

nary proceeding may review peer review committee records, testimony

or reports but must prove its findings with independently obtained tes-

timony or records which shall be presented as part of the disciplinary

proceeding in open meeting of the licensing agency. Offering such tes-

timony or records in an open public hearing shall not be deemed a waiver

of the peer review privilege relating to any peer review committee testi-

mony, records or report.

(d) Nothing in this section shall limit the authority, which may oth-

erwise be provided by law, of the commissioner of insurance, the state

board of healing arts or other health care provider licensing or disciplinary

boards of this state to require a peer review committee or officer to report

to it any disciplinary action or recommendation of such committee or

officer; to transfer to it records of such committee's or officer's proceed-

ings or actions to restrict or revoke the license, registration, certification

or other authorization to practice of a health care provider; or to terminate

the liability of the fund for all claims against a specific health care provider

for damages for death or personal injury pursuant to subsection (i) of

K.S.A. 40-3403 and amendments thereto. Reports and records so fur-

nished shall not be subject to discovery, subpoena or other means of legal

compulsion for their release to any person or entity and shall not be

admissible in evidence in any judicial or administrative proceeding other

than a disciplinary proceeding by the state board of healing arts or other

health care provider licensing or disciplinary boards of this state.

(e) A peer review committee or officer may report to and discuss its

activities, information and findings to other peer review committees or

officers or to a board of directors or an administrative officer of a health

care provider without waiver of the privilege provided by subsection (b)

and the records of all such committees or officers relating to such report

shall be privileged as provided by subsection (b).

(f) Nothing in this section shall be construed to prevent an insured

from obtaining information pertaining to payment of benefits under a

contract with an insurance company, a health maintenance organization

or an administrator of a health benefits plan.

Sec. 26. K.S.A. 65-4921 is hereby amended to read as follows: 65-

4921. As used in K.S.A. 65-4921 through 65-4930, and amendments

thereto:

(a) ``Appropriate licensing agency'' means the agency that issued the

license to the individual or health care provider who is the subject of a

report under this act.

(b) ``Department'' means the department of health and environment.

(c) ``Health care provider'' means: (1) Those persons and entities de-

fined as a health care provider under K.S.A. 40-3401 and amendments

thereto; and (2) a dentist licensed by the Kansas dental board, a dental

hygienist licensed by the Kansas dental board, a professional nurse li-

censed by the board of nursing, a practical nurse licensed by the board

of nursing, a mental health technician licensed by the board of nursing,

a physical therapist licensed by the state board of healing arts, a physical

therapist assistant certified by the state board of healing arts, an occu-

pational therapist licensed by the state board of healing arts, an occupa-

tional therapy assistant licensed by the state board of healing arts and a

respiratory therapist licensed by the state board of healing arts.

(d) ``License,'' ``licensee'' and ``licensing'' include comparable terms

which relate to regulation similar to licensure, such as registration.

(e) ``Medical care facility'' means: (1) A medical care facility licensed

under K.S.A. 65-425 et seq. and amendments thereto; (2) a private psy-

chiatric hospital licensed under K.S.A. 75-3307b and amendments

thereto; and (3) state psychiatric hospitals and state institutions for the

mentally retarded, as follows: Larned state hospital, Osawatomie state

hospital, Rainbow mental health facility, Kansas neurological institute and

Parsons state hospital and training center.

(f) ``Reportable incident'' means an act by a health care provider

which: (1) Is or may be below the applicable standard of care and has a

reasonable probability of causing injury to a patient; or (2) may be grounds

for disciplinary action by the appropriate licensing agency.

(g) ``Risk manager'' means the individual designated by a medical care

facility to administer its internal risk management program and to receive

reports of reportable incidents within the facility.

(h) ``Secretary'' means the secretary of health and environment.

Sec. 27. K.S.A. 65-5418 is hereby amended to read as follows: 65-

5418. (a) Nothing in the occupational therapy practice act is intended to

limit, preclude or otherwise interfere with the practices of other health

care providers formally trained and licensed, registered, credentialed or

certified by appropriate agencies of the state of Kansas.

(b) The practice of occupational therapy shall not be construed to

include the following:

(1) Persons rendering assistance in the case of an emergency;

(2) members of any church practicing their religious tenets;

(3) persons whose services are performed pursuant to the delegation

of and under the supervision of an occupational therapist who is licensed

under this act;

(4) any person employed as an occupational therapist or occupational

therapy assistant by the government of the United States or any agency

thereof, if such person practices occupational therapy solely under the

direction or control of the organization by which such person is employed;

(5) licensees under the healing arts act when licensed and practicing

in accordance with the provisions of law or persons performing services

pursuant to a delegation authorized under subsection (g) of K.S.A. 65-

2872 and amendments thereto;

(6) dentists practicing their professions, when licensed and practicing

in accordance with the provisions of law;

(7) nurses practicing their professions, when licensed and practicing

in accordance with the provisions of law or persons performing services

pursuant to the delegation of a licensed nurse under subsection (m) of

K.S.A. 65-1124 and amendments thereto;

(8) health care providers who have been formally trained and are

practicing in accordance with the training or have received specific train-

ing in one or more functions included in the occupational therapy practice

act pursuant to established educational protocols, or both;

(9) any person pursuing a supervised course of study leading to a

degree or certificate in occupational therapy at an accredited or approved

educational program, if the person is designated by the title which clearly

indicates such person's status as a student or trainee;

(10) any person fulfilling the supervised fieldwork experience

requirements as part of the experience necessary to meet the requirement

of the occupational therapy practice act;

(11) self-care by a patient or gratuitous care by a friend or family

member who does not represent or hold oneself out to the public to be

an occupational therapist or an occupational therapy assistant;

(12) optometrists practicing their profession when licensed and prac-

ticing in accordance with the provisions of article 15 of chapter 65 of the

Kansas Statutes Annotated and amendments thereto;

(13) podiatrists practicing their profession when licensed and prac-

ticing in accordance with the provisions of article 15 of chapter 65 of the

Kansas Statutes Annotated and amendments thereto;

(14) physical therapists practicing their profession when registered

licensed and practicing in accordance with K.S.A. 65-2901 et seq. and

amendments thereto;

(15) physician assistants practicing their profession when licensed and

practicing in accordance with the physician assistant licensure act;

(16) athletic trainers practicing their profession when registered and

practicing in accordance with the athletic trainers registration act;

(17) manufacturers of prosthetic devices;

(18) any person performing occupational therapy services, if these

services are performed for no more than 45 days in a calendar year in

association with an occupational therapist licensed under the occupational

therapy practice act so long as (A) the person is registered or licensed

under the laws of another state which has licensure requirements at least

as stringent as the licensure requirements of this act, or (B) the person

meets the requirements for certification as an occupational therapist reg-

istered (OTR) or a certified occupational therapy assistant (COTA) es-

tablished by the national board for certification in occupational therapy

(NBCOT).

(c) Any patient monitoring, assessment or other procedures designed

to evaluate the effectiveness of prescribed occupational therapy must be

performed by or pursuant to the delegation of a licensed occupational

therapist or other health care provider.

(d) Education related therapy services provided by an occupational

therapist to school systems or consultation regarding prevention, ergon-

omics and wellness within the occupational therapy scope of practice shall

not require a referral, supervision, order or direction of a physician, a

licensed podiatrist, a licensed dentist or a licensed optometrist. However,

when in the course of providing such services an occupational therapist

reasonably believes that an individual may have an underlying injury, ill-

ness, disease, disorder or impairment, the occupational therapist shall

refer the individual to a physician, a licensed podiatrist, a licensed dentist

or a licensed optometrist, as appropriate.

(e) Nothing in the occupational therapy practice act shall be con-

strued to permit the practice of medicine and surgery. No statute granting

authority to licensees of the state board of healing arts shall be construed

to confer authority upon occupational therapists to engage in any activity

not conferred by the occupational therapy practice act.

(f) This section shall be part of and supplemental to the occupational

therapy practice act.

(g) The provisions of this section shall take effect on and after April

1, 2003.

Sec. 28. K.S.A. 65-5912 is hereby amended to read as follows: 65-

5912. (a) Nothing in this act shall be construed to require any insurer or

other entity regulated under chapter 40 of the Kansas Statutes Annotated

or any other law of this state to provide coverage for or indemnify for the

services provided by a person licensed under this act.

(b) So long as the following persons do not hold themselves out to

the public to be dietitians or licensed dietitians or use these titles in

combination with other titles or use the abbreviation L.D., or any com-

bination thereof, nothing in this act shall be construed to apply:

(1) To any person licensed to practice the healing arts, a licensed

dentist, a licensed dental hygienist, a licensed professional nurse, a li-

censed practical nurse, a licensed psychologist, a licensed masters level

psychologist, a licensed pharmacist or an employee thereof, a physician's

assistant, a licensed professional counselor;

(2) to any unlicensed employee of a licensed adult care home or a

licensed medical care facility as long as such person is working under the

general direction of a licensee in the healing arts, nursing or a dietetic

services supervisor as defined in regulations adopted by the secretary of

health and environment or a consultant licensed under this act;

(3) to any dietetic technician or dietetic assistant;

(4) to any student enrolled in an approved academic program in di-

etetics, home economics, nutrition, education or other like curriculum,

while engaged in such academic program;

(5) to prevent any person, including persons employed in health food

stores, from furnishing nutrition information as to the use of food, food

materials or dietary supplements, nor to prevent in any way the free dis-

semination of information or of literature as long as no individual engaged

in such practices holds oneself out as being licensed under this act;

(6) to prohibit any individual from marketing or distributing food

products, including dietary supplements, or to prevent any such person

from providing information to customers regarding the use of such prod-

ucts;

(7) to prevent any employee of the state or a political subdivision who

is employed in nutrition-related programs from engaging in activities in-

cluded within the definition of dietetics practice as a part of such person's

employment;

(8) to any person who performs the activities and services of a li-

censed dietitian or nutrition educator as an employee of the state or a

political subdivision, an elementary or secondary school, an educational

institution, a licensed institution, or a not-for-profit organization;

(9) to any person serving in the armed forces, the public health serv-

ice, the veterans administration or as an employee of the federal govern-

ment;

(10) to any person who has a degree in home economics insofar as

the activities of such person are within the scope of such person's edu-

cation and training;

(11) to any person who counsels or provides weight-control services

as a part of a franchised or recognized weight-control program or a

weight-control program that operates under the general direction of a

person licensed to practice the healing arts, nursing or a person licensed

under this act;

(12) to any person who is acting as a representative of a trade asso-

ciation and who engages in one or more activities included within the

practice of dietetics as a representative of such association;

(13) to a registered licensed physical therapist who makes a dietetic

or nutritional assessment or gives dietetic or nutritional advice in the

normal practice of such person's profession or as otherwise authorized by

law;

(14) to a dietitian licensed, registered or otherwise authorized to

practice dietetics in another state who is providing consultation in this

state;

(15) to any person conducting a teaching clinical demonstration

which is carried out in an educational institution or an affiliated clinical

facility or health care agency;

(16) to any person conducting classes or disseminating information

relating to nonmedical nutrition; or

(17) to any person permitted to practice under K.S.A. 65-2872a and

amendments thereto.

(c) Nothing in this act shall be construed to interfere with the relig-

ious practices or observances of a bona fide religious organization, nor to

prevent any person from caring for the sick in accordance with tenets and

practices of any church or religious denomination which teaches reliance

upon spiritual means through prayer for healing.

New Sec. 29. A policy of professional liability insurance approved by

the commissioner of insurance and issued by an insurer duly authorized

to transact business in this state shall be maintained in effect by each

licensed physical therapist actively practicing in this state as a condition

to rendering professional services as a physical therapist in this state. The

state board of healing arts shall fix by rules and regulations the minimum

level of coverage for such professional liability insurance.

Sec. 30. K.S.A. 7-121b, 40-2,111, 60-513d, 60-2609, 65-1501, 65-

1902, 65-2891, 65-2901, 65-2902, 65-2903, 65-2904, 65-2905, 65-2906,

65-2907, 65-2908, 65-2909, 65-2910, 65-2911, 65-2912, 65-2913, 65-

2914, 65-2915, 65-2916, 65-2918, 65-2919, 65-4915, 65-4921, 65-5418

and 65-5912 and K.S.A. 2002 Supp. 17-2707, 21-3721 and 40-3401 are

hereby repealed.

Sec. 31. This act shall take effect and be in force from and after April

1, 2004, and its publication in the statute book.

Approved April 21, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003