Chapter 65 — PUBLIC HEALTH

65-4140. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to …

65-4141. History: L. 1989, ch. 179, § 1; L. 1992, ch. 298, § 76; L. 1993, ch. 291, § 236; L. 1994, ch. 338, § 13; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. State must prove underlying felony in prosecution for use of communication facility to facilitate a felon…

65-4142. History: L. 1992, ch. 298, § 84; L. 1993, ch. 291, § 251; L. 1996, ch. 257, § 1; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Multiplicitous to charge illegal sale of drugs and receiving proceeds from illegal drug transactions. State v. Betz, 29 Kan. App.…

65-4150. History: L. 1981, ch. 140, § 1; L. 2006, ch. 194, § 33; L. 2007, ch. 169, § 6; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Cited in case declaring probation a permissible sentence for conspiracy to unlawfully manufacture methamphetamine. State v. Moffit,…

65-4151. History: L. 1981, ch. 140, § 2; L. 2006, ch. 211, § 9; L. 2007, ch. 169, § 7; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Factors provide adequate guidelines to prevent arbitrary and discriminatory enforcement. State v. Dunn, 233 Kan. 411, 419, 427, 428,…

65-4152. History: L. 1981, ch. 140, § 3; L. 1996, ch. 257, § 3; L. 1999, ch. 170, § 4; L. 2002, ch. 155, § 3; L. 2005, ch. 153, § 5; L. 2007, ch. 169, § 8; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Trial court did not err in refusing to suppress evidence seized…

65-4153. History: L. 1981, ch. 140, § 4; L. 1987, ch. 246, § 2; L. 1993, ch. 291, § 237; L. 1996, ch. 257, § 4; L. 2007, ch. 169, § 9; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Possession of items for which there was no other reasonable legitimate use was suffi…

65-4154. History: L. 1981, ch. 140, § 5; Repealed, L. 1992, ch. 298, § 97; July 1, 1993. CASE ANNOTATIONS 1. Section severed and declared unconstitutional; various constitutional questions considered and remainder of drug paraphernalia law upheld. Kansas Retail Trade Cooperative …

65-4155. History: L. 1981, ch. 140, § 6; L. 1993, ch. 291, § 238; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Statute not unconstitutionally vague; conviction under (a)(2) requires proof of knowing delivery; presumption under (b)(3) does not shift burden of proof…

65-4156. History: L. 1981, ch. 140, § 7; L. 1988, ch. 258, § 3; Repealed, L. 1994, ch. 339, § 28; July 1. CASE ANNOTATIONS 1. Trier of fact noted as determining whether forfeiture warranted where vehicle used solely for transporting principals to drug transactions. State v. One 1…

65-4157. Severability of provisions of act. If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision…

65-4158. History: L. 1990, ch. 100, § 11; Repealed, L. 2009, ch. 32, § 64; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

65-4159. History: L. 1990, ch. 100, § 10; L. 1993, ch. 291, § 239; L. 1994, ch. 291, § 79; L. 1994, ch. 338, § 6; L. 1999, ch. 170, § 23; L. 2005, ch. 153, § 6; Repealed, L. 2009, ch. 32, § 64; July 1. Attorney General's Opinions: Possession of methamphetamine; class C felony. 91…

65-4159a. History: L. 2004, ch. 125, § 3; Repealed, L. 2009, ch. 32, § 64; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

65-4160. History: L. 1994, ch. 291, § 85; L. 1994, ch. 338, § 1; L. 2003, ch. 135, § 7; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Sentencing and conditions of probation pursuant to conviction hereunder considered. State v. Windom, 23 Kan. App. 2d 429, 932 P.2d …

65-4161. History: L. 1994, ch. 291, § 86; L. 1994, ch. 338, § 2; L. 2004, ch. 125, § 1; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Cited in disciplinary proceeding remanded to allow imprisoned attorney a continuance to appear before hearing panel. In re Brown, 2…

65-4162. History: L. 1994, ch. 291, § 87; L. 1994, ch. 338, § 3; L. 1995, ch. 218, § 2; L. 2000, ch. 108, § 5; L. 2008, ch. 61, § 1; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Municipal conviction cannot be used as a prior conviction to classify conviction as fe…

65-4163. History: L. 1994, ch. 291, § 88; L. 1994, ch. 338, § 4; L. 2000, ch. 108, § 6; L. 2004, ch. 125, § 2; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Severity level of drug possession charge under K.S.A. 65-4162 should have been enhanced for conviction under…

65-4164. History: L. 1994, ch. 291, § 89; L. 1994, ch. 338, § 5; Repealed, L. 2009, ch. 32, § 64; July 1. CASE ANNOTATIONS 1. Cited; court not required to impose nonprison sentence even when such sentence is presumed, when. State v. Andelt, 40 Kan. App. 2d 796, 797, 195 P.3d 1220…

65-4165. History: L. 2002, ch. 166, § 1; Repealed, L. 2009, ch. 32, § 64; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

65-4166. History: L. 2005, ch. 153, § 7; Repealed, L. 2009, ch. 32, § 64; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents U…

65-4167. Trafficking in counterfeit drugs. (a) Trafficking in counterfeit drugs is intentionally manufacturing, distributing, dispensing, selling or delivering for consumption purposes, or holding or offering for sale, any counterfeit drug. (b) Trafficking in counterfeit drugs wh…

65-4168. History: L. 2007, ch. 91, § 1; Repealed, L. 2009, ch. 32, § 64; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents US…

65-4168a. History: L. 2007, ch. 169, § 10; Repealed, L. 2009, ch. 32, § 64; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents…

65-4169. Severability clause. The provisions of this act are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of…

65-4170. Reserved. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHE…

65-4171. History: L. 1988, ch. 258, § 4; L. 1990, ch. 232, § 2; Repealed, L. 1994, ch. 339, § 28; July 1. CASE ANNOTATIONS 1. Property forfeiture provisions (K.S.A. 61-4135) examined; "facilitate" and "owner" defined. State ex rel. Love v. One 1967 Chevrolet, 247 Kan. 469, 470, 7…

65-4172. History: L. 1988, ch. 258, § 5; Repealed, L. 1994, ch. 339, § 28; July 1. CASE ANNOTATIONS 1. Whether real estate city acquired by forfeiture is exempt from ad valorem taxation prior to sale examined. In re Tax Exemption Application of City of Wichita, 255 Kan. 838, 843,…

65-4173. History: L. 1988, ch. 258, § 6; L. 1990, ch. 232, § 3; L. 1991, ch. 201, § 1; L. 1991, ch. 89, § 7; Repealed, L. 1994, ch. 339, § 28; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF ST…

65-4201. Citation of act. This act may be cited as the mental health technician's licensure act. History: L. 1973, ch. 308, § 1; July 1, 1974. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES A…

65-4202. Definitions. As used in this act: (a) "Board" means the board of nursing. (b) The "practice of mental health technology" means the performance, under the direction of a physician licensed to practice medicine and surgery or registered professional nurse, of services in c…

65-4203. Licensure of mental health technicians; application; qualifications; examination; refresher course; temporary permits; exempt license; rules and regulations. (a) Qualification. An applicant for a license to practice as a mental health technician shall: (1) Have graduated…

65-4204. Title and abbreviations. Any person so licensed as a mental health technician in this state shall have the right to use the title "licensed mental health technician" and the abbreviation "L.M.H.T.," and it shall be unlawful for any person not licensed as herein provided …

65-4205. Renewal of license; application; fees; continuing education; renewal of lapsed license; notification of change in name or address or criminal conviction. (a) The board shall send a notice for renewal of license to all licensed mental health technicians at least 60 days p…

65-4206. Approved courses of mental health technology; standards; qualifications; providers of continuing education offerings. (a) An approved course of mental health technology is one which has been approved by the board as meeting the standards of this act and the rules and reg…

65-4207. List of approved courses; survey of proposed course and institution; resurvey; notice to deficient institution; removal from list; records. (a) The board shall prepare and maintain a master list of approved courses on mental health technology: (1) Which qualify graduates…

65-4208. Fees. (a) The board shall collect in advance the fees provided for in this act, the amount of which shall be fixed by the board by rules and regulations, but not to exceed: (1) Mental health technician programs: Annual renewal of program approval $110 Survey of a new pro…

65-4209. Grounds for disciplinary actions; proceedings; witnesses; costs; professional incompetency defined; criminal history record information. (a) The board may deny, revoke, limit or suspend any license to practice as a mental health technician issued or applied for in accord…

65-4210. Disciplinary proceedings; complaint; notice and hearing. (a) If a sworn complaint is filed with the board by any person charging a mental health technician with having been guilty of any of the actions specified as a ground for disciplinary action, the board shall fix a …

65-4211. Judicial review. (a) Any person aggrieved by a decision of the board, and affected thereby, shall be entitled to judicial review in accordance with the provisions of the Kansas judicial review act. (b) Any party may have review of the final judgment or decision of the di…

65-4212. Exclusions. The provisions of this act shall not be construed as prohibiting: (a) Gratuitous care of the mentally ill, emotionally disturbed or people with intellectual disability by friends or members of the family; (b) the practice of mental health technology by studen…

65-4213. Injunctions. When it appears to the board that any person is violating any of the provisions of this act or that any person, firm, corporation, institution or association is employing one not licensed under this act, the board may bring an action in a court of competent …

65-4214. Violations; penalties. (a) It is a violation of law for any person, including any corporation, association, partnership to: (1) Fraudulently obtain, sell, transfer, or furnish any mental health technician diploma, license, renewal of license or record, or aid or abet ano…

65-4215. Practice of medicine not authorized. Nothing in this act shall be construed as authorizing a licensed mental health technician to practice medicine or surgery or to undertake the prevention, treatment or cure of disease, pain, injury, deformity or mental or physical cond…

65-4216. Report of certain actions of mental health technician; persons required to report; medical care facility which fails to report subject to civil fine; definitions. (a) Subject to the provisions of subsection (c) of K.S.A. 65-4923, and amendments thereto: (1) Every employe…

65-4217. Immunity from liability in civil actions for reporting, communicating or investigating certain information. (a) No person reporting to the board of nursing under oath and in good faith any information such person is required to report or is authorized to report under K.S…

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]