Chapter 65, PUBLIC HEALTH

65-426. Purpose of act. The purpose of this act is to provide for the development, establishment and enforcement of standards: (1) For the care and treatment of individuals in medical care facilities; and (2) for the construction, maintenance and operation of medical care facilit…

65-427. Licensure. After July 1, 1973, no person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct or maintain a medical care facility in this state without a license under this law. History: L. 1947, ch. 329, § …

65-428. Application for license; contents. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency may reasonably require, which may include affirmative evidence of ability to comply w…

65-429. Issuance and renewal of licenses; funding the cost of administration of the medical care facilities licensure and risk management program; display of license. Upon receipt of an application for license, the licensing agency shall issue with the approval of the state fire …

65-430. Denial, suspension or revocation of license; notice and hearing. The licensing agency may deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this law, a failure to rep…

65-431. Rules and regulations; selection of professional staff; hospital compliance through combined operation. (a) The licensing agency shall adopt, amend, promulgate and enforce such rules and regulations and standards with respect to the different types of medical care facilit…

65-431a. Kansas lay caregiver act; definitions; opportunity for hospital patient to designate lay caregiver; notice; liability. (a) This section shall be known and may be cited as the Kansas lay caregiver act. (b) As used in this section: (1) "Aftercare" means assistance that: (A…

65-432. Time for compliance with rules, regulations and standards. Any medical care facility which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this act shall be given a reasonable time, under the particular circums…

65-433. Inspections and investigations; rules and regulations; consultations. The licensing agency shall make or cause to be made such inspections and investigations as deemed necessary. The authorized agents and representatives of the licensing agency shall conduct inspections o…

65-435a. Development of contents of annual report and inspection form; rules and regulations. The contents of the annual report under K.S.A. 65-429, and amendments thereto, and the contents of an inspection form for purposes of inspections under K.S.A. 65-433, and amendments ther…

65-436. Information confidential; exceptions. (a) Except as provided in subsection (b), information received by the licensing agency through filed reports, inspections or as otherwise authorized under this act, shall not be disclosed publicly in such manner as to identify individ…

65-437. Annual report of licensing agency. The licensing agency shall prepare and publish an annual report of its activities and operations under this law. History: L. 1947, ch. 329, § 13; June 30.

65-438. Appeal from decision of licensing agency. Any applicant or licensee aggrieved by the decision of the licensing agency may appeal the decision in accordance with the provisions of the Kansas judicial review act. History: L. 1947, ch. 329, § 14; L. 1973, ch. 248, § 9; L. 19…

65-439. Penalties. Any person establishing, conducting, managing, or operating any medical care facility without a license under this law shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one hundred dollars for the first offense and not more than…

65-440. Injunction. Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law, upon the advice of the attorney general who shall represent the licensing agency in the proceedings maintain an action in the name of the sta…

65-441. Invalidity of part. If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or applicati…

65-442. Limited liability for medical care facilities and certain duly appointed officials thereof; good faith requirement. (a) There shall be no liability on the part of, and no action for damages shall arise against, any duly appointed member of the governing board or the duly …

65-442a. Same; act inapplicable to adult care home licensed under chapter 39. Nothing in this act [*] shall be construed to apply to any adult care home licensed under the provisions of article 9 of chapter 39 of the Kansas Statutes Annotated, or acts amendatory thereof. History:…

65-443. Termination of human pregnancy; performance, referral for, or participation in medical procedures not required; prescription or administration of any device or drug not required. No person shall be required to perform, refer for, or participate in medical procedures or in…

65-444. Same; medical care facility refusal to permit; establishment of criteria and procedures. No medical care facility, medical care facility administrator or governing board of any medical care facility shall be required to permit the performance, referral for, or participati…

65-445. Termination of human pregnancy; records; biannual reports; information to be reported; confidentiality of information, exceptions; criminal penalties for violations. (a) Every medical care facility shall keep written records of all pregnancies that are lawfully terminated…

65-446. Medical procedures resulting in sterilization of persons; performance, referral for, or participation in procedures not required. No person shall be required to perform, refer for or participate in medical procedures which result in sterilization of a person, and the refu…

65-447. Same; medical care facility refusal to permit; establishment of criteria and procedures authorized. No medical care facility, medical care facility administrator, or governing board of any medical care facility shall be required to permit the performance, referral for or …

65-448. Qualified persons at medical care facilities, child advocacy centers or other facilities to examine victims of sexual offenses, when; remedy for refusal; costs, storage and testing of sexual assault kits. (a) Upon the request of any law enforcement officer and with the wr…

65-449. Divestiture of genetic sequencers and related software produced by foreign adversaries; required, when; reimbursement. (a) As used in this section: (1) "DNA" means deoxyribonucleic acid, ribonucleic acid and chromosomes that may be analyzed to detect heritable diseases or…

65-450. Hospital defined. As used in this act, the term "hospital" means a general hospital or a special hospital licensed under K.S.A. 65-425 to 65-441, inclusive, and amendments thereto. History: L. 1985, ch. 204, § 1; July 1. Attorney General's Opinions: Moratorium on hospital…

65-451. Construction or modification of certain hospitals prohibited until July 1, 1986. The following construction or modifications shall not be commenced prior to July 1, 1986: (a) Any erections, building, alteration, reconstruction, modernization, improvement, extension, lease…

65-452. Same; exceptions. This act shall not apply to the following: (a) The total relocation of a hospital's licensed beds from one physical facility or site within the community to another physical facility or site within the same community if the relocating hospital is the onl…

65-453. Same; emergency waiver, when; secretary of health and environment. The secretary of health and environment upon application of a hospital may grant an emergency waiver from the provisions of this act if the need for the hospital project is a result of fire, tornado, flood…

65-454. Same; action to enjoin violation. The secretary of health and environment or a hospital may bring an action to enjoin any alleged violation of this act. History: L. 1985, ch. 204, § 5; July 1.

65-468. Rural health networks; definitions; temporary suspension of limitations related to the COVID-19 public health emergency. As used in K.S.A. 65-468 through 65-474, and amendments thereto: (a) "Healthcare provider" means any person licensed or otherwise authorized by law to …

65-469. Same; state policy to encourage rural health networks. The legislature of the state of Kansas recognizes the importance and necessity of providing and regulating the system whereby health care services are integrated to protect the public's general health, safety and welf…

65-470. Same; participation in or affiliation with a rural health network; contracts. Any hospital is authorized to seek licensure as a critical access hospital and to accept and secure any benefits of federal aid. A critical access hospital shall participate in or affiliate with…

65-471. Same; agreements for services; employment of health care providers and other persons; compensation for services performed by health care provider. (a) Upon such conditions and terms as is deemed appropriate by the governing body of any member of a rural health network, a …

65-472. Same; forming a rural health network and contracting for services not subject to antitrust laws. In addition to the provisions of K.S.A. 65-4909, and amendments thereto, members of a rural health network, officers, agents, representatives, employees, and directors thereof…

65-473. Same; rules and regulations; minimum standards for rural health networks. The secretary of health and environment may adopt rules and regulations setting minimum standards for the establishment and operation of rural health networks, including the licensure of critical ac…

65-474. Same; insurance and other coverage to provide benefits for services performed by a critical access hospital. Each individual and group policy of accident and sickness insurance, each contract issued by health maintenance organizations and all coverage maintained by an ent…

65-475. No patent left alone act; prohibited conduct of patient care facility; visitation policies; immunity from liability in certain circumstances. (a) This section shall be known and may be cited as the no patient left alone act. (b) As used in this section: (1) "Essential car…

65-481. Rural emergency hospital act; citation of act. K.S.A. 2025 Supp. 65-481 through 65-488, and amendments thereto, shall be known and may be cited as the rural emergency hospital act. History: L. 2021, ch. 88, § 1; May 6.

65-482. Purpose of act. The legislature of the state of Kansas recognizes the importance and necessity of providing and regulating the system by which healthcare services are structured and integrated to promote the availability of and access to necessary and appropriate healthca…

65-483. Definitions. As used in the rural emergency hospital act: (a) "Act" means the rural emergency hospital act. (b) "Rural emergency hospital" means an establishment that: (1) Meets the eligibility requirements described in K.S.A. 2025 Supp. 65-484, and amendments thereto; (2…

65-484. Eligibility for rural emergency hospital licensure; application; prohibition of inpatient beds. (a) A facility shall be eligible to apply for a rural emergency hospital license if such facility, as of December 27, 2020, was a: (1) Licensed critical access hospital; (2) ge…

65-485. Authorization to contract for federal reimbursement. All rural emergency hospitals, including city, county, hospital district or other governmental or quasi-governmental hospitals, shall be authorized to enter into any contracts required to be eligible for federal reimbur…

65-486. Rural emergency hospital activities considered pursuant to clearly expressed state policy; exemption from antitrust laws. In addition to the provisions of K.S.A. 65-4909, and amendments thereto, entities engaging in activities and entering into contracts required to meet …

65-487. Rules and regulations. The secretary shall adopt rules and regulations establishing minimum standards for the establishment and operation of rural emergency hospitals in accordance with this act, including licensure of rural emergency hospitals. History: L. 2021, ch. 88, …

65-488. Insurance coverage parity for services performance by a rural emergency hospital. Each individual and group policy of accident and sickness insurance, each contract issued by a health maintenance organization and all coverage maintained by an entity authorized under K.S.A…

65-489. Rural emergency hospital adjustment act; ratification; certification of passage of act. When the rural emergency hospital adjustment act, S. 3394, 118th Cong. (2023) or H.R. 7759, 118th Cong. (2024) is passed into law, the attorney general shall certify such bill's passag…

65-490. Rural emergency hospitals; granting of physical environment waivers; conditions; transition to skilled nursing facility beds. (a) The secretary for aging and disability services shall, upon application of a rural emergency hospital, grant a physical environment waiver for…

65-491. Rural hospital innovation grant program; establishment; eligibility; use of grant proceeds; funding; administration by secretary of health and environment; expiration of program. (a) As used in this section: (1) "Eligible county" means a county in Kansas other than Dougla…

65-4a01. Definitions. As used in K.S.A. 65-4a01 through 65-4a12, and amendments thereto: (a) "Abortion" means the same as defined in K.S.A. 65-6701, and amendments thereto. (b) "Ambulatory surgical center" means an ambulatory surgical center as defined in K.S.A. 65-425, and amend…