Chapter 65 — PUBLIC HEALTH

65-5409. Fees. (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 license fee, not more than 40 License renewal fee, not…

65-5410. Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; procedure; reinstatement; penalties. (a) The board may deny, refuse to renew, suspend, revoke or limit a license or the licensee may be publicly or privately cens…

65-5411. Foreign trained occupational therapists and occupational therapy assistants; requirements. Foreign trained occupational therapists and occupational therapy assistants shall satisfy the examination requirements of K.S.A. 65-5406. The board shall require foreign trained ap…

65-5412. Expiration of license; renewal; suspension; reinstatement; fees. (a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for renewal shal…

65-5413. Moneys received by board; disposition; healing arts fee fund. 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 s…

65-5414. Representation as occupational therapist or occupational therapy assistant; prohibitions; misdemeanor. (a) It shall be unlawful for any person who is not licensed under this act as an occupational therapist or an occupational therapy assistant or whose license has been s…

65-5415. Injunction. 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 a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be …

65-5416. State agency adjudicative proceedings and judicial review; conduct. All state agency adjudicative proceedings under K.S.A. 65-5401 to 65-5417, inclusive, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewab…

65-5417. Invalidity of part. If any section of this act, or any part thereof, is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof. History: L. 1986, ch. 323, § 17…

65-5418. Construction of occupational therapy practice act and practice of occupational therapy. (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 licen…

65-5419. Supervision of persons providing supportive services; supervision requirements. (a) An occupational therapy aide, occupational therapy tech or occupational therapy paraprofessional shall function under the guidance and responsibility of the licensed occupational therapis…

65-5420. Registration deemed to be licensure on effective day of act. (a) Any person holding a valid registration as an occupational 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 lice…

65-5421. Licensed occupational therapist ownership limitations in professional corporations. (a) The state board of healing arts shall adopt rules and regulations to limit the percentage of ownership when a licensed occupational therapist forms a professional corporation pursuant…

65-5422. Occupational therapy services without healthcare practitioner referral; when permitted; limitations. (a) Except as otherwise provided in subsection (c), an occupational therapist may evaluate and initiate occupational therapy treatment on a patient without referral from …

65-5423. Professional liability insurance required. Professional liability insurance coverage shall be maintained in effect by each licensed occupational therapist actively practicing in this state as a condition of rendering professional services as an occupational therapist in …

65-5501. Citation of act. K.S.A. 65-5501 to 65-5517, inclusive, shall be known and may be cited as the respiratory therapy practice act. History: L. 1986, ch. 322, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived …

65-5502. Definitions. As used in K.S.A. 65-5501 to 65-5517, inclusive and amendments thereto: (a) "Board" means the state board of healing arts. (b) "Respiratory therapy" is a health care profession whose therapists practice under the supervision of a qualified medical director a…

65-5503. Administration of act by state board of healing arts. The board, as hereinafter provided, shall administer the provisions of this act. History: L. 1986, ch. 322, § 3; L. 1999, ch. 87, § 8; March 1, 2000. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2…

65-5504. Respiratory care council established; appointment of members; compensation. (a) There is established a respiratory care council to advise the board in carrying out the provisions of this act. The council shall consist of seven members, all citizens and residents of the s…

65-5505. Duties of board. The board shall pass upon the qualifications of all applicants for examination and licensure, provide for all examinations, determine the applicants who successfully pass the examination, duly license such applicants and adopt rules and regulations as ma…

65-5506. Application for licensure; requirements; rules and regulations criteria for educational programs. (a) An applicant applying for licensure as a respiratory therapist shall file a written application on forms provided by the board, showing to the satisfaction of the board …

65-5507. Examinations. (a) Each applicant for licensure under this act shall be examined by a written examination chosen by the board to test the applicant's knowledge of the basic and clinical sciences relating to respiratory therapy, and respiratory therapy theory and practice,…

65-5508. Waiver of examination and other requirements; when waived; special permits; temporary license. (a) The board may waive the examination, education or experience requirements and grant licensure to any applicant who presents proof of current licensure or registration as a …

65-5509. Fees. (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 license fee, not more than 40 Special permit fee, not …

65-5510. Denial, revocation, limitation or suspension of license or refusal to renew license; unprofessional conduct; discipline; civil fines; procedure; reinstatement. (a) The board may deny, refuse to renew, suspend, revoke or limit a license or the licensee may be publicly or …

65-5511. Foreign trained respiratory therapists; requirements. Foreign trained respiratory therapists shall satisfy the examination requirements of K.S.A. 65-5506 and amendments thereto. The board shall require foreign trained applicants to furnish proof of completion of educatio…

65-5512. Expiration of license; failure to renew; renewal; suspended license; fees. (a) Licenses issued under this act shall expire on the date of expiration established by rules and regulations of the board unless renewed in the manner prescribed by the board. The request for re…

65-5513. Moneys received by board; disposition; healing arts fee fund. 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 s…

65-5514. Representation as respiratory therapist; prohibitions; misdemeanor; exclusions from the practice of respiratory therapy. (a) On and after March 1, 2000, it shall be unlawful for any person who is not licensed under this act as a respiratory therapist or whose license has…

65-5515. Injunction. 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 a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be …

65-5516. State agency adjudicative proceedings and judicial review; conduct. All state agency adjudicative proceedings under K.S.A. 65-5501 to 65-5517, inclusive, shall be conducted in accordance with the provisions of the Kansas administrative procedure act and shall be reviewab…

65-5517. Invalidity of part. If any section of this act, or any part thereof, is adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder or any other section or part thereof. History: L. 1986, ch. 322, § 17…

65-5601. Definitions. As used in K.S.A. 65-5601 through 65-5605, and amendments thereto: (a) "Patient" means a person who consults or is examined or interviewed by treatment personnel. (b) "Treatment personnel" means any employee of a treatment facility who receives a confidentia…

65-5602. Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications; extent of privilege; persons who may claim privilege; persons to which confidential communications extend. (a) A patient of a treatment facility has a privil…

65-5603. Exceptions to privilege. (a) The privilege established by K.S.A. 65-5602, and amendments thereto, shall not extend to: (1) Any communication relevant to an issue in proceedings to involuntarily commit to treatment a patient for mental illness, alcoholism or drug dependen…

65-5604. Interpretation of act; rules of discovery not to take precedence over act. This act shall be interpreted to encourage treatment in a confidential setting and the rules of discovery shall not take precedence over the provisions of this act. History: L. 1986, ch. 212, § 4;…

65-5605. Violations; misdemeanor. Any treatment personnel or ancillary personnel willfully violating the patient's confidentiality as defined by this act shall be guilty of a class C misdemeanor. History: L. 1986, ch. 212, § 5; July 1. Previous | Next LEGISLATIVE COORDINATING COU…

[Repealed or reserved.]

65-5701. Citation of act. This act shall be known and may be cited as the Kansas emergency planning and community right-to-know act. History: L. 1987, ch. 231, § 1; May 28. CASE ANNOTATIONS 1. Cited; whether rabon oral larracide is a "harmful material" under K.S.A. 60-3303 trigge…

65-5702. Definitions. As used in this act: (a) "Commission" means the state emergency response commission created by K.S.A. 65-5703. (b) "Federal act" means the federal emergency planning and community right-to-know act of 1986 (Title III, P.L. 99-499). History: L. 1987, ch. 231,…

65-5703. State emergency response commission created; membership; terms; compensation and expenses; duties. (a) There is hereby created the state emergency response commission for the purpose of carrying out all requirements of the federal act and for the purpose of providing ass…

65-5703a. History: L. 1987, ch. 231, § 3; L. 1991, ch. 202, § 1; L. 2004, ch. 101, § 105; Repealed, L. 2005, ch. 186, § 22; May 12. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Ses…

65-5704. Duties of secretary of health and environment; rules and regulations; fees, limitations; Kansas right-to-know fee fund. (a) The secretary of health and environment shall: (1) Receive, process and manage hazardous chemical information required to be submitted and notifica…

65-5705. Duties of adjutant general; rules and regulations; fees. The adjutant general shall be responsible for emergency planning activities under the federal act, including adoption of such rules and regulations necessary to implement the provisions of the federal act relating …

65-5706. Interagency agreement. The secretary of health and environment and the adjutant general shall enter into an interagency agreement providing for exchange of information and coordination of their respective duties and responsibilities under this act. History: L. 1987, ch. …

65-5707. Provisions of federal act adopted; application; submission of lists of chemicals and material safety data sheets. The provisions of sections 302(c), 303(d), 304, 311, 312, 313 and 323 of the federal act, as effective on the effective date of this act, pertaining to provi…

65-5708. Orders to comply with certain requirements; enforcement; civil penalties; action by health care professional to obtain information; disposition of moneys from civil penalties. (a) The secretary of health and environment, the adjutant general or the attorney general may o…

65-5709. Penalty for violation. Violation of section 304 of the federal act, as adopted by K.S.A. 65-5707, is a felony punishable by a fine of not more than $25,000 or imprisonment for not more than two years, or both, for the first conviction and a fine of not more than $50,000 …

65-5710. Severability. The provisions of this act are severable and, if any provision or part thereof is held invalid, unconstitutional or inapplicable to any person or circumstances, such invalidity, unconstitutionality or inapplicability shall not affect or impair the remaining…

65-5711. Inspection of premises and records for determination of compliance with act. The secretary of health and environment, the adjutant general or the attorney general or their respective authorized representatives shall have the power to enter at all reasonable times upon an…