Chapter 65, PUBLIC HEALTH

65-4968. Revocation of registration or license for failure to comply with requirements of act; civil fines for violations; disposition of moneys; injunction remedy for violations; enforcement of act. (a) The board of examiners in optometry may revoke the license of any person who…

65-4969. Contact lens advisory council established; membership on council; expenses of members. (a) There is hereby established a contact lens advisory council to advise the state board of healing arts in carrying out the provisions of the patient's contact lens prescription rele…

65-4974. Research protocols; informed consent of adults and emancipated minors. (a) In accordance with the provisions of 21 C.F.R. § 56.101 et seq., and amendments thereto, and 45 C.F.R. § 46.101 et seq., and amendments thereto, in the case of an adult or emancipated minor who: (…

65-4975. Pain patient's quality of care act. K.S.A. 65-4975 through 65-4977, and amendments thereto, shall be known and may be cited as the pain patient's quality of care act. History: L. 2006, ch. 110, § 1; July 1.

65-4976. Legislative findings on pain treatment. The legislature finds and declares that pain is a significant health problem, and that the diagnosis and treatment of pain is complex, and can involve several therapeutic modalities. The treatment of pain may require the use of con…

65-4977. Persons suffering from pain; use of controlled substances for pain treatment. (a) A person suffering from pain: (1) Should be an active participant in decisions about the assessment, diagnosis and treatment of their pain. (2) May accept or reject the use of any or all di…

65-4978. Medical retainer agreement; definitions; requirements; notice. (a) As used in this section: (1) "Health care provider" means a person licensed under the healing arts act as specified by K.S.A. 65-2802(d), and amendments thereto. Health care provider includes an individua…

65-5001. Credentialing health care personnel; definitions. As used in this act unless the context requires otherwise, the following words and phrases shall have the meanings respectively ascribed to them herein: (a) "Credentialing" or "credentialed" means the formal recognition o…

65-5002. Same; credentialing applications; fees. (a) Health care personnel seeking to be credentialed by the state shall submit a credentialing application to the secretary upon forms approved by the secretary. The application shall be accompanied by an application fee of $1,000.…

65-5003. Same; appointment of technical committee; hearings; evidence; criteria; findings; recommendations and report. (a) A technical committee shall be appointed by the secretary to examine and investigate each credentialing application referred by the secretary. Seven persons …

65-5005. Same; review of reports by secretary; recommendations of secretary; final report to legislature. (a) Within 120 days after receiving the report and recommendations of the technical committee relating to a credentialing application, the secretary shall prepare a final rep…

65-5006. Same; credentialing criteria. (a) The technical committee appointed pursuant to K.S.A. 65-5003 and amendments thereto and the secretary shall apply the following criteria to each credentialing application: (1) The unregulated practice of the occupation or profession can …

65-5007. Same; criteria applicable to levels of credentialing regulation. (a) All recommendations of the technical committee and the secretary which relate to the level or levels of credentialing regulation of a particular group of health care personnel shall be consistent with t…

65-5008. Same; periodic review of credentialing status of health care personnel. The secretary shall periodically schedule for review the credentialing status of health care personnel who are credentialed pursuant to existing laws. The procedures to be followed, the criteria to b…

65-5009. Same; records; duties of secretary; rules and regulations; compensation of members of technical committee. (a) The secretary shall provide all necessary professional and clerical services to the technical committee. Records of all official actions and minutes of all busi…

65-5010. Same; title of act. This act shall be known and may be cited as the Kansas act on credentialing. History: L. 1980, ch. 181, § 10; July 1.

65-5011. Application of act to certain credentialing applications. Except as otherwise provided in this act, the review of an application for credentialing commenced prior to the effective date of this act shall be governed by the provisions of this act which apply to that part o…

65-5101. Definitions. As used in this act, unless the context otherwise requires: (a) "Attendant care services" means basic and ancillary services provided under home and community based services waiver programs; (b) "council" means the home health services advisory council creat…

65-5102. Home health agencies required to be licensed; temporary license; penalty for violation. Any agency, including medicare and medicaid providers, that provides one or more of the home health services, supportive care services or attendant care services specified in K.S.A. 6…

65-5103. Application for license; annual fee. (a) Persons desiring to receive a license to operate a home health agency shall file a written application with the secretary on a form prescribed by the secretary. (b) The application shall be accompanied by a license fee fixed by ru…

65-5104. Issuance of license; grounds for suspension or revocation; annual report and annual fee; posting; not transferable or assignable; temporary operating permit; statistical reports; reciprocal agreements with bordering states. (a) The secretary shall review the applications…

65-5105. Survey inspections. (a) In addition to the survey inspection required for licensing or for a license to remain in effect, the secretary may make other survey inspections during normal business hours. (b) Each home health agency shall allow the secretary or the authorized…

65-5106. Same; written report; list of deficiencies; exit interview; copies of report. After completion of each survey inspection, a written report of the findings with respect to compliance or noncompliance with the provisions of this act and the standards established hereunder …

65-5107. Complaint against home health agency; investigation and hearing; notice. Any person may make a complaint against a home health agency licensed under the provisions of this act by making a complaint through the complaint hotline maintained by the Kansas department for agi…

65-5108. Refusal to issue, suspension or revocation of license; grounds; hearing. (a) The secretary shall refuse to issue or shall suspend or shall revoke the license of any home health agency for failure to substantially comply with any provision of this act or with any rule and…

65-5109. Rules and regulations; application. (a) The secretary may adopt reasonable rules and regulations necessary to carry out the provisions of this act. The rules and regulations shall be initially adopted within one year of the effective date of this act. (b) The rules and r…

65-5111. Injunction to restrain violations. The secretary may file an action in the district court for the county in which any home health agency alleged to be violating the provisions of this act resides or may be found for an injunction to restrain the home health agency from c…

65-5112. Act not applicable to certain individuals or organizations. The provisions of this act shall not apply to: (a) Individuals who personally provide one or more home health or attendant care services if such persons are not under the direct control and doing work for or emp…

65-5113. Disposition of moneys. All moneys received by the secretary under this act shall be deposited in the state treasury and credited to the state general fund. History: L. 1984, ch. 335, § 13; July 1.

65-5114. Violation of act; misdemeanor. Any person who violates any of the provisions of this act is guilty of a class B misdemeanor. History: L. 1984, ch. 335, § 14; July 1.

65-5115. Home health aides; requirements for employment; instruction and examination; examination fee, disposition. (a) The secretary may require, as a condition to continued employment by a home health agency that home health aides, within 90 days of employment, successfully com…

65-5116. Unlicensed employees prohibited from prefilling insulin syringes; penalty. (a) As used in this section "home health agency" means a home health agency licensed in accordance with the provisions of K.S.A. 65-5101 through 65-5115 and K.S.A. 75-5614. (b) No unlicensed perso…

65-5117. Home health agency; definitions; operation precluded, when; access of secretary of health and environment and secretary for aging and disability services to certain records; background check of employees, civil liability, fee for information request; provision of crimina…

65-5301. Definitions. As used in this act: (a) "Asbestos project" means an activity undertaken to remove or encapsulate friable asbestos containing materials. (b) "Business entity" means a partnership, firm, association, corporation, sole proprietorship or other business concern.…

65-5302. Asbestos projects; license required; exemptions. (a) Except as otherwise provided in this act, no business entity shall engage in an asbestos project unless the entity holds a license issued by the secretary for that purpose. (b) The provisions of this act do not apply t…

65-5303. Administration of act; duties of secretary; license fees; inspections; rules and regulations. The secretary shall administer the provisions of this act. In administering the provisions of this act, the secretary shall: (a) Prescribe fees for the issuance and renewal of l…

65-5304. Licensure of business entities; qualifications; requirements. In order to qualify for a license, a business entity shall: (a) Ensure that each employee or agent of the business entity who will come into contact with asbestos or who will engage in an asbestos project is t…

65-5305. Same; application; form; requirements; fee. (a) To apply for a license, a business entity shall submit an application to the secretary in the form required by the secretary and shall pay the fee prescribed by the secretary. (b) The application shall include: (1) The name…

65-5306. Same; term; renewal. (a) A license expires one year from its effective date unless it is renewed for a one-year term as provided in this section. (b) Not less than one month before a license expires, the secretary shall send to the licensee, at the last known address of …

65-5307. Records of asbestos projects required, contents; notification of secretary. (a) Every licensee shall keep a record of each asbestos project it performs and shall make the record available to the secretary at any reasonable time. Records required by this section shall be …

65-5309. Schedule of fees; disposition of moneys. (a) The secretary shall establish by rules and regulations a reasonable schedule of fees for licensure and for project evaluations under this act. The fee schedule shall be established on the basis of determination by the secretar…

65-5310. Denial, suspension or revocation of license; notice and hearing; appeals; temporary suspension. (a) The secretary may deny, suspend or revoke any license issued under this act if the secretary finds, after notice and hearing conducted in accordance with the provisions of…

65-5311. Waiver of license requirement, when; alternative requirements. (a) In an emergency that results from a sudden, unexpected event that is not a planned renovation or demolition, the secretary may waive the requirement for a license. (b) The secretary may approve, on a case…

65-5312. State agencies and political subdivisions; bid acceptance requirements; compliance with act. (a) No state agency or political or taxing subdivision of the state shall accept a bid in connection with any asbestos project from a business entity which does not hold a licens…

65-5313. Violations; criminal penalties. (a) Any individual person or business entity who willfully violates any provision of this act or any rules and regulations adopted under this act is guilty: (1) For a first offense, of a class C misdemeanor; and (2) for a second offense, o…

65-5314. Same; civil penalties; appeal and review; disposition of moneys recovered. (a) Any business entity which violates any provision of this act or any rules and regulations adopted under this act, in addition to any other penalty provided by law, may incur a civil penalty im…

65-5315. Injunctions. Notwithstanding the existence or pursuit of any other remedy, the secretary may maintain, in the manner provided by the Kansas judicial review act, an action in the name of the state of Kansas for injunction or other process against any business entity to re…

65-5316. Asbestos remediation fund established; disposition of moneys collected pursuant to the act. (a) There is hereby established in the state treasury the asbestos remediation fund. (1) The secretary of health and environment shall remit to the state treasurer, in accordance …

65-5401. Citation of act. K.S.A. 65-5401 through K.S.A. 65-6521*, and amendments thereto, and K.S.A. 2025 Supp. 65-5422 and 65-5423, and amendments thereto, shall be known and may be cited as the occupational therapy practice act. History: L. 1986, ch. 323, § 1; L. 2022, ch. 20, …

65-5402. Definitions. As used in the occupational therapy practice act: (a) "Board" means the state board of healing arts. (b) "Practice of occupational therapy" means the therapeutic use of purposeful and meaningful occupations or goal-directed activities to evaluate and treat, …