Session Law

Identifying Information:L. 2002 ch. 203
Other Identifying Information:2002 House Bill 2665
Tax Type:Other
Brief Description:An Act concerning health care services; concerning emergency medical services; relating to certification; relating to the administration of auto-injection epinephrine; concerning critical access hospitals; relating to occupational therapist licensure; enacting the natur- opathic doctor registration act; amending K.S.A. 65-5402, 65-5405, 65-5406, 65-5407, 65-5410, 65-5412 and 65-5414 and K.S.A. 2001 Supp. 65-468, 65-1501, 65-2891, 65- 4915, 65-4921, 65-5408, 65-5409, 65-6121 and 65-6129 and repealing the existing sec- tions; also repealing K.S.A. 65-2872a and 65-6122.
Keywords:


Body:

CHAPTER 203

HOUSE BILL No. 2665


An Act concerning health care services; concerning emergency medical services; relating

to certification; relating to the administration of auto-injection epinephrine; concerning

critical access hospitals; relating to occupational therapist licensure; enacting the natur-

opathic doctor registration act; amending K.S.A. 65-5402, 65-5405, 65-5406, 65-5407,

65-5410, 65-5412 and 65-5414 and K.S.A. 2001 Supp. 65-468, 65-1501, 65-2891, 65-

4915, 65-4921, 65-5408, 65-5409, 65-6121 and 65-6129 and repealing the existing sec-


tions; also repealing K.S.A. 65-2872a and 65-6122.


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

Section 1. K.S.A. 2001 Supp. 65-6129 is hereby amended to read as

follows: 65-6129. (a) Application for an attendant's certificate shall be

made to the board upon forms provided by the administrator. The board

may grant an attendant's certificate if the applicant meets the following

requirements:

(1) (A) Has made application within one year from the date of the

last class of an appropriate a course of instruction approved by the board

for the classification of attendant's certificate for which application has

been made; and

(B) has completed successfully such course of instruction, passed an

examination prescribed by the board and paid a fee prescribed by the

board; or

(2) has completed successfully a course of instruction or training ac-

credited by the commission on accreditation of allied health education

programs, a program of instruction or training offered by the armed forces

of the United States or a program of instruction completed in another

state that is equivalent to a program approved by the board for the class

of attendant's certificate applied for, passed an examination prescribed

by the board and paid a fee prescribed by the board.

(b) An attendant applying for an emergency medical technician's cer-

tificate shall have completed successfully a course of training, approved

by the board, in preliminary emergency medical care. An attendant ap-

plying for a mobile intensive care technician's certificate shall have com-

pleted successfully a course of training, approved by the board, which

shall include, but not be limited to, didactic and clinical experience in a

hospital and in an emergency vehicle unit. An attendant applying for an

emergency medical technician-intermediate certificate shall be certified

as an emergency medical technician and shall have completed successfully

a course of training, approved by the board, which shall include training

in veni-puncture for blood sampling and administration of intravenous

fluids and advanced patient assessment. An attendant applying for an

emergency medical technician-defibrillator certificate shall be certified

as an emergency medical technician and shall have completed successfully

a training program approved by the board. The board shall not grant an

initial emergency medical technician-intermediate certificate, an initial

emergency medical technician-defibrillator certificate or an initial mobile

intensive care technician certificate unless the applicant for such an initial

certificate is certified as an emergency medical technician.

(c) An attendant's certificate shall expire on December 31, 2000, and

may be renewed as provided in this section. On and after January 1, 2001,

a an attendant's certificate shall expire on the date prescribed by the

board. An attendant's certificate may be renewed for a period of two years

upon payment of a fee as prescribed by rule and regulation of the board

and upon presentation of satisfactory proof that the attendant has suc-

cessfully completed continuing education as prescribed by the board. The

board may prorate to the nearest whole month the fee fixed under this

subsection as necessary to implement the provisions of this subsection.

(d) (1) The emergency medical services board may issue a temporary

certificate to any person who has not qualified for an attendant's certifi-

cate under paragraph (1) or (2) of subsection (a) when:

(1) (A) The operator for whom such person serves as an attendant

requests a temporary certificate for that person; and

(2) (B) such person meets or exceeds certain minimum requirements

prescribed by the board by rules and regulations.

(2) A temporary certificate shall be effective for one year from the

date of its issuance or until the person has qualified as an attendant under

paragraph (1) or (2) of subsection (a), whichever comes first. A temporary

certificate shall not be renewed and shall be valid only while an attendant

works for the operator requesting the temporary certificate. A person

holding a temporary certificate as an emergency medical technician shall

not be eligible to apply for certification as an emergency medical tech-

nician-intermediate, emergency medical technician-defibrillator or a mo-

bile intensive care technician.

(e) (1) Upon request by an operator to the board and upon approval

by the board of such request, an applicant for certification may perform

activities that are within the authorized activities of the certification level

applied for, provided that the applicant:

(A) Has successfully completed the appropriate course of instruction

for the level applied for;

(B) serves with the ambulance service identified in this subsection (e);

and

(C) is practicing under the direct supervision of a physician, physi-

cian assistant, professional nurse or an attendant who is at or above the

certification level for which the applicant has applied.

(2) The authority to perform activities under this subsection (e) shall

terminate 120 days from the date of the last class or until the results of

the first examination are received by the board, whichever comes first.

Such authority to practice shall not be renewed and shall be valid only

while the applicant serves with the ambulance service identified in this

subsection (e).

(e) (f) All fees received pursuant to the provisions of 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.

(f) (g) If a person who was previously certified as an attendant applies

for an attendant's certificate within two years of the date of its the certif-

icate's expiration, the board may grant a certificate without the person

completing a course of instruction or passing an examination if the person

has completed continuing education requirements and has paid a fee

prescribed by rules and regulations.

Sec. 2. K.S.A. 2001 Supp. 65-6121 is hereby amended to read as

follows: 65-6121. Notwithstanding any other provision of law to the con-

trary, an emergency medical technician may perform any of the following

activities:

(a) Patient assessment and vital signs;

(b) airway maintenance including the use of:

(1) Oropharyngeal and nasopharyngeal airways;

(2) esophageal obturator airways with or without gastric suction de-

vice;

(3) multi-lumen airway; and

(4) oxygen demand valves.

(c) Oxygen therapy;

(d) oropharyngeal suctioning;

(e) cardiopulmonary resuscitation procedures;

(f) control accessible bleeding;

(g) apply pneumatic anti-shock garment;

(h) manage outpatient medical emergencies;

(i) extricate patients and utilize lifting and moving techniques;

(j) manage musculoskeletal and soft tissue injuries including dressing

and bandaging wounds or the splinting of fractures, dislocations, sprains

or strains;

(k) use of backboards to immobilize the spine;

(l) administer syrup of ipecac, activated charcoal and glucose;

(m) monitor peripheral intravenous line delivering intravenous fluids

during interfacility transport with the following restrictions:

(1) The physician approves the transfer by an emergency medical

technician;

(2) no medications or nutrients have been added to the intravenous

fluids; and

(3) the emergency medical technician may monitor, maintain and

shut off the flow of intravenous fluid;

(n) use automated external defibrillators;

(o) administer epinephrine auto-injectors provided that:

(1) The emergency medical technician successfully completes a course

of instruction approved by the board in the administration of epinephrine;

and

(2) the emergency medical technician serves with an ambulance serv-

ice or a first response organization that provides emergency medical serv-

ices; and

(3) the emergency medical technician is acting pursuant to medical

protocols;

(p) perform, during nonemergency transportation, those activities

specified in this section when specifically authorized to perform such

activities by medical protocols; or

(p)(q) when authorized by medical protocol, assist the patient in the

administration of the following medications which have been prescribed

for that patient: Auto-injection epinephrine, sublingual nitroglycerin and

inhalers for asthma and emphysema.

Sec. 3. K.S.A. 2001 Supp. 65-468 is hereby amended to read as fol-

lows: 65-468. As used in K.S.A. 65-468 to 65-474, inclusive, and amend-

ments thereto:

(a) ``Health care provider'' means any person licensed or otherwise

authorized by law to provide health care services in this state or a pro-

fessional corporation organized pursuant to the professional corporation

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

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

or an officer, employee or agent thereof, acting in the course and scope

of employment or agency.

(b) ``Member'' means any hospital, emergency medical service, local

health department, home health agency, adult care home, medical clinic,

mental health center or clinic or nonemergency transportation system.

(c) ``Mid-level practitioner'' means a physician's assistant or advanced

registered nurse practitioner who has entered into a written protocol with

a rural health network physician.

(d) ``Physician'' means a person licensed to practice medicine and

surgery.

(e) ``Rural health network'' means an alliance of members including

at least one critical access hospital and at least one other hospital which

has developed a comprehensive plan submitted to and approved by the

secretary of health and environment regarding patient referral and trans-

fer; the provision of emergency and nonemergency transportation among

members; the development of a network-wide emergency services plan;

and the development of a plan for sharing patient information and serv-

ices between hospital members concerning medical staff credentialing,

risk management, quality assurance and peer review.

(f) ``Critical access hospital'' means a member of a rural health network

which makes available twenty-four hour emergency care services; provides

not more than 15 acute care inpatient beds for providing inpatient care for

a period not to exceed 96 hours (unless a longer period is required because

transfer to a hospital is precluded because of inclement weather or other

emergency conditions), except that a peer review organization or equivalent

entity, on request, may waive the ninety-six hour restriction on a case-by-

case basis; provides inpatient extended care services (if there is in effect or

in the case of a facility with an approved swing-bed agreement) so long as

the a combined total of extended care and acute care beds that does not

exceed 25 beds (provided that the number of beds used at any time for acute

care inpatient services does not exceed 15 beds); provides acute inpatient

care for a period that does not exceed, on an annual average basis, 96 hours

per patient; and provides nursing services under the direction of a licensed

professional nurse and continuous licensed professional nursing services for

not less than 24 hours of every day when any bed is occupied or the facility

is open to provide services for patients unless an exemption is granted by

the licensing agency pursuant to rules and regulations. The critical access

hospital may provide any services otherwise required to be provided by a

full-time, on-site dietician, pharmacist, laboratory technician, medical tech-

nologist and radiological technologist on a part-time, off-site basis under

written agreements or arrangements with one or more providers or sup-

pliers recognized under medicare. The critical access hospital may provide

inpatient services by a physician's assistant, nurse practitioner or a clinical

nurse specialist subject to the oversight of a physician who need not be

present in the facility.

(g) ``Hospital'' means a hospital other than a critical access hospital

which has entered into a written agreement with at least one critical

access hospital to form a rural health network and to provide medical or

administrative supporting services within the limit of the hospital's ca-

pabilities.

Sec. 4. On April 1, 2003, K.S.A. 65-5402 is hereby amended to read

as follows: 65-5402. As used in K.S.A. 65-5401 to 65-5417, inclusive, and

sections 13 to 15, inclusive, and amendments thereto:

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

(b) ``Occupational therapy'' is a health care profession whose practi-

tioners, other than occupational therapy practitioners working with the

educationally handicapped in a school system, are employed under the

supervision of a physician and whose practitioners provide therapy, re-

habilitation, diagnostic evaluation, care and education of individuals who

are limited by physical injury or illness, psychosocial dysfunction, devel-

opmental or learning disabilities or the aging process in order to maximize

independence, prevent disability and maintain health. Specific occupa-

tional therapy services include:

(1) Administering and interpreting tests necessary for effective treat-

ment planning;

(2) developing self-care and daily living skills such as feeding, dress-

ing, hygiene and homemaking;

(3) designing, fabricating, applying or training, or any combination

thereof, in the use of selected orthotics, upper extremity prosthetics or

adaptive equipment;

(4) developing sensory integrative skills and functioning;

(5) using therapeutic activity and exercise to enhance functional or

motor performance, or both;

(6) developing prevocational/vocational work capacities and play/lei-

sure skills; and

(7) adapting environment for the disabled.

(b) ``Practice of occupational therapy'' means the therapeutic use of

purposeful and meaningful occupations (goal-directed activities) to eval-

uate and treat, pursuant to the referral, supervision, order or direction of

a physician, a licensed podiatrist, a licensed dentist or a licensed optom-

etrist, individuals who have a disease or disorder, impairment, activity

limitation or participation restriction that interferes with their ability to

function independently in daily life roles and to promote health and well-

ness. Occupational therapy intervention may include:

(1) Remediation or restoration of performance abilities that are lim-

ited due to impairment in biological, physiological, psychological or neu-

rological cognitive processes;

(2) adaptation of tasks, process, or the environment or the teaching

of compensatory techniques in order to enhance performance;

(3) disability prevention methods and techniques that facilitate the

development or safe application of performance skills; and

(4) health promotion strategies and practices that enhance perform-

ance abilities.

(c) ``Occupational therapy services'' include, but are not limited to:

(1) Evaluating, developing, improving, sustaining, or restoring skills in

activities of daily living (ADL), work or productive activities, including in-

strumental activities of daily living (IADL) and play and leisure activities;

(2) evaluating, developing, remediating, or restoring sensorimotor,

cognitive or psychosocial components of performance;

(3) designing, fabricating, applying, or training in the use of assistive

technology or orthotic devices and training in the use of prosthetic devices;

(4) adapting environments and processes, including the application

of ergonomic principles, to enhance performance and safety in daily life

roles;

(5) applying physical agent modalities as an adjunct to or in prepa-

ration for engagement in occupations;

(6) evaluating and providing intervention in collaboration with the

client, family, caregiver or others;

(7) educating the client, family, caregiver or others in carrying out

appropriate nonskilled interventions; and

(8) consulting with groups, programs, organizations or communities

to provide population-based services.

(c) (d) ``Occupational therapist'' means a person registered licensed

to practice occupational therapy as defined in this act.

(d) (e) ``Occupational therapy assistant'' means a person registered

licensed to assist in the practice of occupational therapy under the su-

pervision or with the consultation of an occupational therapist.

(e) (f) ``Person'' means any individual, partnership, unincorporated

organization or corporation.

(f) (g) ``Physician'' means a person licensed to practice medicine and

surgery.

(h) ``Occupational therapy aide,'' ``occupational therapy tech'' or ``oc-

cupational therapy paraprofessional'' means a person who provides sup-

portive services to occupational therapists and occupational therapy as-

sistants in accordance with section 14 and amendments thereto.

Sec. 5. On April 1, 2003, K.S.A. 65-5405 is hereby amended to read

as follows: 65-5405. The board shall pass upon the qualifications of all

applicants for examination and registration licensure, provide for and con-

duct all examinations, determine the applicants who successfully pass the

examination, duly register license such applicants and adopt rules and

regulations as may be necessary to administer the provisions of this act.

The board shall keep a record of all proceedings under this act and a

roster of all individuals registered licensed under this act. Only an indi-

vidual may be registered licensed under this act.

Sec. 6. On April 1, 2003, K.S.A. 65-5406 is hereby amended to read

as follows: 65-5406. (a) An applicant applying for registration licensure as

an occupational therapist or as an occupational therapy assistant shall file

a written application on forms provided by the board, showing to the

satisfaction of the board that the applicant meets the following require-

ments:

(1) Education: The applicant shall present evidence satisfactory to the

board of having successfully completed the academic requirements of an

educational program in occupational therapy recognized by the board.

(2) Experience: The applicant shall submit to the board evidence of

having successfully completed a period of supervised field work at a min-

imum recognized by the board.

(3) Examination: The applicant shall pass an examination as provided

for in K.S.A. 65-5407 and amendments thereto.

(4) Fees: The applicants shall pay to the board all applicable fees

established under K.S.A. 65-5409 and amendments thereto.

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

teria which an educational program in occupational therapy shall satisfy

to be recognized by the board under paragraph (1) of subsection (a). The

board may send a questionnaire developed by the board to any school or

other entity conducting an educational program in occupational therapy

for which the board does not have sufficient information to determine

whether the program should be recognized by the board and whether the

program meets the 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 program to be considered for

recognition. The board may contract with investigative agencies, com-

missions or consultants to assist the board in obtaining information about

an educational program in occupational therapy. In entering such con-

tracts the authority to recognize an educational program in occupational

therapy shall remain solely with the board.

Sec. 7. On April 1, 2003, K.S.A. 65-5407 is hereby amended to read

as follows: 65-5407. (a) Each applicant for registration licensure under

this act shall be examined by written examination required by the board

to test the applicant's knowledge of the basic and clinical sciences relating

to occupational therapy, and occupational therapy theory and practice,

including the applicant's professional skills and judgment in the utilization

of occupational therapy techniques and methods, and such other subjects

as the board may deem useful to determine the applicant's fitness to

practice. The board shall approve an examination for occupational therapy

assistants and establish standards for acceptable performance.

(b) Applicants for registration shall be examined at a time and place

and under such supervision as the board may determine. Examinations

shall be given at least twice each year at such places within this state as

the board may determine and the board shall give reasonable public no-

tice of such examinations at least 60 days prior to their administration.

(c) Applicants may obtain their examination scores.

Sec. 8. On April 1, 2003, K.S.A. 2001 Supp. 65-5408 is hereby

amended to read as follows: 65-5408. (a) The board shall waive the ex-

amination, education and experience requirements and grant registration

to any person who applies for registration on or before July 1, 1987, who

pays the application fee and who was certified prior to the effective date

of this act as an occupational therapist registered (O.T.R.) or a certified

occupational therapy assistant (C.O.T.A.) by the American occupational

therapy association (A.O.T.A.) or who has been employed as an occupa-

tional therapist for the purpose of providing occupational therapy for at

least two years within the three-year period immediately prior to the

effective date of this act. (b) The board may waive the examination, ed-

ucation or experience requirements and grant registration licensure to

any applicant who shall present presents proof of current licensure or

registration as an occupational therapist or occupational therapy assistant

in another state, the District of Columbia or territory of the United States

which requires standards for licensure or registration determined by the

board to be equivalent to or exceed the requirements for registration

licensure under this act.

(c) (b) At the time of making an application under this section, the

applicant shall pay to the board the application fee as required under

K.S.A. 65-5409 and amendments thereto.

(d) (c) The board may issue a temporary registration license to an

applicant for registration licensure as an occupational therapist or as an

occupational therapy assistant who applies for temporary registration li-

censure on a form provided by the board, who meets the requirements

for registration licensure or who meets all the requirements for registra-

tion licensure except examination and who pays to the board the tem-

porary registration license fee as required under K.S.A. 65-5409 and

amendments thereto. Such temporary registration license shall expire one

year from the date of issue or on the date that the board approves the

application for registration licensure, whichever occurs first. No more

than one such temporary registration license shall be permitted to any

one person.

Sec. 9. On April 1, 2003, K.S.A. 2001 Supp. 65-5409 is hereby

amended to read as follows: 65-5409. (a) 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 fee, not more than$80
Temporary registration fee, not more than40
Registration renewal fee, not more than80
Registration late renewal fee, not more than80
Registration reinstatement fee, not more than80
Certified copy of registration, not more than40
Written verification of registration, not more than25
Temporary license fee, not more than40
License renewal fee, not more than80
License late renewal fee, not more than80
License reinstatement fee, not more than80
Certified copy of license, not more than40
Written verification of license, not more than25

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

amination administered by the board under the occupational therapy

practice act as fixed by the board by rules and regulations 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 the occupational therapy practice act be paid di-

rectly to the examination service by the person taking the examination.

Sec. 10. On April 1, 2003, K.S.A. 65-5410 is hereby amended to read

as follows: 65-5410. (a) The board may deny, refuse to renew, suspend

or revoke a registration license where the registrant licensee or applicant

for registration licensure has been guilty of unprofessional conduct which

has endangered or is likely to endanger the health, welfare or safety of

the public. Unprofessional conduct includes:

(1) Obtaining a registration license by means of fraud, misrepresen-

tation or concealment of material facts;

(2) being guilty of unprofessional conduct as defined by rules and

regulations adopted by the board;

(3) being convicted of a felony if the acts for which such person was

convicted are found by the board to have a direct bearing on whether

such person should be entrusted to serve the public in the capacity of an

occupational therapist or occupational therapy assistant;

(4) violating any lawful order or rule and regulation of the board; and

(5) violating any provision of this act.

(b) Such denial, refusal to renew, suspension or revocation of a reg-

istration license may be ordered by the board after notice and hearing on

the matter in accordance with the provisions of the Kansas administrative

procedure act. Upon the end of the period of time established by the

board for the revocation of registration a license, application may be made

to the board for reinstatement. The board shall have discretion to accept

or reject an application for reinstatement and may hold a hearing to con-

sider such reinstatement.

Sec. 11. On April 1, 2003, K.S.A. 65-5412 is hereby amended to read

as follows: 65-5412. (a) Registrations Licenses issued under this act shall

be effective for a period of one year and shall expire at the end of such

period of time unless renewed in the manner prescribed by the board,

upon the payment of the registration license renewal fee established un-

der K.S.A. 65-5409 and amendments thereto. The board may establish

additional requirements for licensure or registration renewal which pro-

vide evidence of continued competency. The board may provide for the

late licensure or renewal of a license or registration upon the payment of

a late fee established under K.S.A. 65-5409 and amendments thereto, but

no such late renewal of a license or registration may be granted more

than five years after its expiration.

(b) A person whose license or registration is suspended shall not en-

gage in any conduct or activity in violation of the order or judgment by

which the license or registration was suspended. If a license or registration

revoked on disciplinary grounds is reinstated, the licensee or registrant,

as a condition of reinstatement, shall pay the renewal fee and any late fee

that may be applicable.

Sec. 12. On April 1, 2003, K.S.A. 65-5414 is hereby amended to read

as follows: 65-5414. (a) On and after July 1, 1987, It shall be unlawful for

any person who is not registered licensed under this act as an occupational

therapist or an occupational therapy assistant or whose registration license

has been suspended or revoked to use, in connection with such person's

name or place of business, the words ``occupational therapist,'' ``registered

licensed occupational therapist,'' ``occupational therapist registered li-

censed,'' ``occupational therapy assistant,'' ``registered licensed occupa-

tional therapy assistant,'' or the letters, ``O.T.,'' ``R.O.T. L.O.T.,'' ``O.T.R.

O.T.L.,'' ``O.T.A.'' or ``R.O.T.A. L.O.T.A.'' or any other words, letters,

abbreviations or insignia indicating or implying that such person is an

occupational therapist or an occupational therapy assistant or who in any

way, orally, in writing, in print or by sign, directly or by implication, rep-

resents oneself as an occupational therapist or an occupational therapy

assistant.

(b) Any violation of this section shall constitute a class C misde-

meanor.

New Sec. 13. (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, cre-

dentialed 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

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.

New Sec. 14. (a) An occupational therapy aide, occupational therapy

tech or occupational therapy paraprofessional shall function under the

guidance and responsibility of the licensed occupational therapist and may

be supervised by the occupational therapist or an occupational therapy

assistant for specifically selected routine tasks for which the occupational

therapy aide, occupational therapy tech or occupational therapy parapro-

fessional has been trained and has demonstrated competence. The oc-

cupational therapy aide, occupational therapy tech or occupational ther-

apy paraprofessional shall comply with supervision requirements

developed by the board by rules and regulations which are consistent

with prevailing professional standards.

(b) This section shall be part of and supplemental to the occupational

therapy practice act.

(c) The provisions of this section shall take effect on and after April

1, 2003.

New Sec. 15. (a) Any person holding a valid registration as an oc-

cupational 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 licensed occupational therapist and shall be subject to the provi-

sions of article 54 of chapter 65 of the Kansas Statutes Annotated.

(b) Any person holding a valid registration as an occupational therapy

assistant 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 licensed

occupational therapy assistant and shall be subject to the provisions of

article 54 of chapter 65 of the Kansas Statutes Annotated.

(c) This section shall be part of and supplemental to the occupational

therapy practice act.

(d) The provisions of this section shall take effect on and after April

1, 2003.

Sec. 16. On April 1, 2003, K.S.A. 2001 Supp. 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 physical

therapist and registered 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 physical therapist and registered licensed occupational thera-

pist 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. 17. On April 1, 2003, K.S.A. 2001 Supp. 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 ob-

taining 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 physical therapist, and

any physician's assistant who has successfully completed an American

medical association approved training program and has successfully com-

pleted the national board examination for physicians' assistants of the

American board of medical examiners, any registered athletic trainer, any

registered licensed occupational therapist, any licensed respiratory ther-

apist, any person who holds a valid attendant's certificate under K.S.A.

65-6129, and amendments thereto, any person who holds a valid certifi-

cate for the successful completion of a course in first aid offered or ap-

proved 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 amendments

thereto, and any person engaged in a postgraduate training program ap-

proved by the state board of healing arts.

Sec. 18. On April 1, 2003, K.S.A. 2001 Supp. 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 assistant certified by the state board of healing arts,

an occupational therapist registered licensed by the state board of healing

arts, an occupational therapy assistant registered licensed by the state

board of healing arts, a respiratory 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. 65-2840b

through 65-2840d, 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. 19. On April 1, 2003, K.S.A. 2001 Supp. 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 assistant certified by the state board of healing arts,

an occupational therapist registered licensed by the state board of healing

arts, an occupational therapy assistant registered 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.

New Sec. 20. (a) Sections 20 to 37, inclusive, and amendments

thereto shall be known and may be cited as the naturopathic doctor reg-

istration act.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 21. (a) As used in sections 20 to 37, inclusive, and amend-

ments thereto:

(1) ``Naturopathic doctor'' means a doctor of naturopathic medicine

who is authorized and registered pursuant to this act.

(2) ``Naturopathic medicine,'' or ``naturopathy'' means a system of

health care practiced by naturopathic doctors for the prevention, diag-

nosis and treatment of human health conditions, injuries and diseases,

that uses education, natural medicines and therapies to support and stim-

ulate the individual's intrinsic self-healing processes, and includes pre-

scribing, recommending or administering: (A) Food, food extracts, vita-

mins, minerals, enzymes, whole gland thyroid, botanicals, homeopathic

preparations, nonprescription drugs, plant substances that are not des-

ignated as prescription drugs or controlled substances, topical drugs as

defined in subsection (a)(9) of this section, and amendments thereto; (B)

health care counseling, nutritional counseling and dietary therapy, natur-

opathic physical applications, barrier contraceptive devices; (C) sub-

stances on the naturopathic formulary which are authorized for intra-

muscular or intravenous administration pursuant to a written protocol

entered into with a physician who has entered into a written protocol with

a naturopathic doctor registered under this act; (D) noninvasive physical

examinations, venipuncture to obtain blood for clinical laboratory tests

and oroficial examinations, excluding endoscopies; (E) minor office pro-

cedures; and (F) naturopathic acupuncture. A naturopathic doctor may

not perform surgery, obstetrics, administer ionizing radiation, or pre-

scribe, dispense or administer any controlled substances as defined in

K.S.A. 65-4101, and amendments thereto, or any prescription-only drugs

except those listed on the naturopathic formulary adopted by the board

pursuant to this act.

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

(4) ``Approved naturopathic medical college'' means a college and

program granting the degree of doctor of naturopathy or naturopathic

medicine that has been approved by the board under this act and which

college and program requires at a minimum a four-year, full-time resident

program of academic and clinical study.

(5) ``Homeopathic preparations'' means substances and drugs pre-

pared according to the official homeopathic pharmacopoeia recognized

by the United States food and drug administration.

(6) ``Naturopathic acupuncture'' means the insertion of fine metal

needles through the skin at specific points on or near the surface of the

body with or without the palpation of specific points on the body and

with or without the application of electric current or heat to the needles

or skin or both to treat human disease and impairment and to relieve

pain.

(7) ``Minor office procedures'' means care incidental to superficial

lacerations and abrasions, superficial lesions and the removal of foreign

bodies located in the superficial tissues, except eyes, and not involving

blood vessels, tendons, ligaments or nerves. ``Minor office procedures''

includes use of antiseptics, but shall not include the suturing, repairing,

alteration or removal of tissue or the use of general or spinal anesthesia.

Minor office procedures does not include anesthetics or surgery.

(8) ``Naturopathic physical applications'' means the therapeutic use

by naturopathic doctors of the actions or devices of electrical muscle

stimulation, galvanic, diathermy, ultrasound, ultraviolet light, constitu-

tional hydrotheraphy, naturopathic musculoskeletal technique and ther-

apeutic exercise.

(9) ``Topical drugs'' means topical analgesics, antiseptics, scabicides,

antifungals and antibacterials but does not include prescription only

drugs.

(10) ``Physician'' means a person licensed to practice medicine and

surgery.

(11) ``Written protocol'' means a formal written agreement between

a naturopathic doctor registered under this act and a person licensed to

practice medicine and surgery. Any licensee of the board entering into a

written protocol with a registered naturopathic doctor shall notify the

board in writing of such relationship by providing such information as the

board may require.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 22. (a) The board, as hereinafter provided, shall administer

the provisions of this act.

(b) The board shall judge the qualifications of all applicants for ex-

amination and registration, determine the applicants who successfully

pass the examination, duly register such applicants and adopt rules and

regulations as may be necessary to administer the provisions of this act.

(c) The board shall issue a registration as a naturopathic doctor to an

individual who prior to the effective date of this act (1) graduated from

a school of naturopathy that required four years of attendance and was

at the time of such individual's graduation accredited or a candidate for

accreditation by the board approved accrediting body, (2) passed an ex-

amination approved by the board covering appropriate naturopathic sub-

jects including basic and clinical sciences and (3) has not committed an

act which would subject such person to having a registration suspended

or revoked under section 27, and amendments thereto.

(d) The board shall keep a record of all proceedings under this act

and a roster of all individuals registered under this act. Only an individual

may be registered under this act.

(e) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 23. (a) An applicant applying for registration as a naturo-

pathic doctor shall file a written application on forms provided by the

board, showing to the satisfaction of the board that the applicant meets

the following requirements:

(1) Education: The applicant shall present evidence satisfactory to the

board of having successfully completed an educational program in natur-

opathy from an approved naturopathic medical college.

(2) Examination: The applicant shall pass an examination as provided

for in section 24 and amendments thereto.

(3) Fees: The applicants shall pay to the board all applicable fees

established under section 26 and amendments thereto.

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

teria for an educational program in naturopathy to obtain successful rec-

ognition by the board under paragraph (1) of subsection (a). The board

may send a questionnaire developed by the board to any school or other

entity conducting an educational program in naturopathy for which the

board does not have sufficient information to determine whether the

program should be recognized by the board and whether the program

meets the rules and regulations adopted under this section. The ques-

tionnaire providing the necessary information shall be completed and

returned to the board in order for the program to be considered for

recognition. The board may contract with investigative agencies, com-

missions or consultants to assist the board in obtaining information about

an educational program in naturopathy. In entering such contracts the

authority to recognize an educational program in naturopathy shall remain

solely with the board.

(c) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 24. (a) Each applicant for registration under this act shall

be examined by a written examination or examinations chosen by the

board to test the applicant's knowledge of the basic and clinical sciences

relating to naturopathy, and naturopathy theory and practice, including

the applicant's professional skills and judgment in the utilization of na-

turopathic techniques and methods, and such other subjects as the board

may deem useful to determine the applicant's fitness to practice natur-

opathy.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 25. (a) The board may waive the examination or education

requirements, or both, and grant registration (1) to any applicant who

presents proof of current authorization to practice naturopathy in another

state, the District of Columbia or territory of the United States which

requires standards for authorization to practice determined by the board

to be equivalent to the requirements for registration under this act and

(2) to any applicant who presents proof that on the day preceding the

effective date of this act that the applicant was practicing under K.S.A.

65-2872a and amendments thereto.

(b) At the time of making an application under this section, the ap-

plicant shall pay to the board the application fee as required under section

26 and amendments thereto.

(c) The board may issue a temporary registration to an applicant for

registration as a naturopathic doctor who applies for temporary registra-

tion on a form provided by the board, who meets the requirements for

registration or who meets all the requirements for registration except

examination and who pays to the board the temporary registration fee as

required under section 26 and amendments thereto. The person who

holds a temporary registration shall practice only under the supervision

of a registered naturopathic doctor. Such temporary registration shall ex-

pire one year from the date of issue or on the date that the board approves

the application for registration, whichever occurs first. No more than one

such temporary registration shall be permitted to any one person.

(d) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 26. (a) 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 fee, not more than$200
Temporary registration fee, not more than$30
Registration renewal fee, not more than$150
Registration late renewal additional fee, not more than$250
Registration reinstatement fee, not more than$250
Certified copy of registration, not more than$30
Written verification of registration, not more than$25

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

amination administered by the board under the naturopathic doctor reg-

istration act as fixed by the board by rules and regulations 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 the naturopathic doctor registration act be paid

directly to the examination service by the person taking the examination.

(c) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 27. (a) The board may deny, refuse to renew, suspend or

revoke a registration where the registrant or applicant for registration has

been guilty of unprofessional conduct which has endangered or is likely

to endanger the health, welfare or safety of the public. Unprofessional

conduct includes:

(1) Obtaining a registration by means of fraud, misrepresentation or

concealment of material facts;

(2) being guilty of unprofessional conduct as defined by rules and

regulations adopted by the board;

(3) being convicted of a felony if the acts for which such person was

convicted are found by the board to have a direct bearing on whether

such person should be entrusted to serve the public in the capacity of a

naturopathic doctor;

(4) violating any lawful order or rule and regulation of the board; and

(5) violating any provision of this act.

(b) Such denial, refusal to renew, suspension or revocation of a reg-

istration may be ordered by the board after notice and hearing on the

matter in accordance with the provisions of the Kansas administrative

procedure act. Upon the end of the period of time established by the

board for the revocation of a registration, application may be made to the

board for reinstatement. The board shall have discretion to accept or

reject an application for reinstatement and may hold a hearing to consider

such reinstatement. An application for reinstatement shall be accompa-

nied by the registration reinstatement fee established under section 26

and amendments thereto.

(c) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 28. (a) Registrations issued under this act shall be effective

for a period of one year and shall expire at the end of such period of time

unless renewed in the manner prescribed by the board, upon the payment

of the registration renewal fee established under section 26 and amend-

ments thereto. The board may establish additional requirements for reg-

istration renewal which provide evidence of continued competency. The

board for registration renewal shall require completion of at least 25 hours

annually of continuing education approved by the board. The board may

provide for the late renewal of a registration upon the payment of a late

fee established under section 26 and amendments thereto, but no such

late renewal of a registration may be granted more than five years after

its expiration.

(b) A person whose registration is suspended shall not engage in any

conduct or activity in violation of the order or judgment by which the

registration was suspended. If a registration revoked on disciplinary

grounds is reinstated, the registrant, as a condition of reinstatement, shall

pay the registration renewal fee and any late fee that may be applicable.

(c) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 29. (a) The board shall remit all moneys received by or for

it from fees, charges or penalties 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. Twenty percent of each such deposit shall

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

the healing arts fee fund. All expenditures from such fund shall be made

in accordance with appropriation acts upon warrants of the director of

accounts and reports issued pursuant to vouchers approved by the pres-

ident of the board or by a person designated by the president of the board.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 30. (a) On and after January 1, 2003, and prior to July 1,

2004, it shall be unlawful for any person who is not registered under this

act as a naturopathic doctor or whose registration has been suspended or

revoked to hold oneself out to the public as a registered naturopathic

doctor, or use the abbreviation of ``N.D.'' or the words ``naturopathic

doctor,'' ``doctor of naturopathy,'' ``doctor of naturopathic medicine,'' ``na-

turopathic medical doctor'' or any other words, letters, abbreviations or

insignia indicating or implying that such person is a naturopathic doctor.

A violation of this subsection (a) shall constitute a class B person misde-

meanor.

(b) On and after July 1, 2004, it shall be unlawful for any person who

is not registered under this act as a naturopathic doctor or whose regis-

tration has been suspended or revoked to hold oneself out to the public

as a registered naturopathic doctor, or use the abbreviation of ``N.D.'' or

the words ``naturopathic doctor,'' ``doctor of naturopathy,'' ``doctor of na-

turopathic medicine,'' ``naturopath,'' ``naturopathic medical doctor'' or

any other words, letters, abbreviations or insignia indicating or implying

that such person is a naturopathic doctor. A violation of this subsection

(b) shall constitute a class B person misdemeanor.

(c) No statute granting authority to persons licensed or registered by

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

naturopathic doctors to engage in any activity not conferred by this act.

(d) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 31. (a) The board shall adopt a naturopathic formulary

which lists the drugs and substances which are approved for intramuscular

or intravenous administration by a naturopathic doctor pursuant to the

order of a physician. The board shall appoint a naturopathic formulary

advisory committee which shall advise the board and make recommen-

dations on the list of substances which may be included in the naturo-

pathic formulary. The naturopathic formulary advisory committee shall

consist of a licensed pharmacist, a person knowledgeable in medicinal

plant chemistry, two persons licensed to practice medicine and surgery,

and two naturopathic doctors registered under this act.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 32. (a) In order to practice naturopathic acupuncture, a

naturopathic doctor shall obtain a naturopathic acupuncture specialty cer-

tification from the board. The board may issue this specialty certification

to a naturopathic doctor who has:

(1) Submitted an application and paid certification fee to be deter-

mined by the board;

(2) completed basic oriental medicine philosophy from a college or

university approved by the board and 500 hours of supervised clinical

training under a trained naturopathic acupuncturist's supervision.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 33. (a) There is established a naturopathic advisory council

to advise the board in carrying out the provisions of this act. The council

shall consist of five members, all citizens and residents of the state of

Kansas appointed as follows: Three members shall be naturopathic doc-

tors appointed by the state board of healing arts; one member shall be

the president of the state board of healing arts or a person designated by

the president; and one member appointed by the governor shall be from

the public sector who is not engaged, directly or indirectly, in the provi-

sion of health services. Insofar as possible persons appointed to the coun-

cil shall be from different geographic areas. If a vacancy occurs on the

council, the appointing authority of the position which has become vacant

shall appoint a person of like qualifications to fill the vacant position for

the unexpired term, if any. The members of the council appointed by the

governor shall be appointed for terms of three years and until a successor

is appointed. The members appointed by the state board of healing arts

shall serve at the pleasure of the state board of healing arts. If a member

is designated by the president of the state board of healing arts, the mem-

ber shall serve at the pleasure of the president.

(b) Members of the council attending meetings of the council, or

attending a subcommittee meeting thereof authorized by the council,

shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and

amendments thereto from the healing arts fee fund.

(c) During the 2003 regular session of the legislature the legislature

shall consider establishing an alternative health care board composed of

representatives as may be designated from existing health care regulatory

agencies, alternative health care providers and members of the general

public for purposes of advising the legislature on matters relating to al-

ternative health care, administering the naturopathic doctor registration

act and performing such other duties as may be established by law.

(d) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 34. (a) When it appears to the board that any person is

violating any of the provisions of this act, the board may bring an action

in the name of the state of Kansas in a court of competent jurisdiction

for an injunction against such violation without regard to whether pro-

ceedings have been or may be instituted before the board or whether

criminal proceedings have been or may be instituted.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 35. (a) All state agency adjudicative proceedings under the

naturopathic doctor registration act 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.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 36. (a) A policy of professional liability insurance approved

by the commissioner of insurance and issued by an insurer duly author-

ized to transact business in this state shall be maintained in effect by each

naturopathic doctor as a condition to rendering professional service as a

naturopathic doctor in this state.

(b) The provisions of this section shall take effect on and after January

1, 2003.

New Sec. 37. (a) The confidential relations and communications be



Date Composed: 10/10/2002 Date Modified: 10/10/2002