SENATE BILL No. 220
An Act concerning the Kansas healing arts act;
relating to the supervision and direction of
certain personnel by persons licensed to
practice the healing arts; amending K.S.A. 1997
Supp. 65-2837 and repealing the existing
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Every responsible licensee who
vises, orders, refers, accepts responsibility for, enters into
tocols with, or who delegates acts which constitute the practice of
healing arts to other persons shall:
(1) Be actively engaged in the practice of the healing arts in
(2) review and keep current any required practice protocols
the responsible licensee and such persons, as may be determined by
(3) direct, supervise, order, refer, enter into a practice
or delegate to such persons only those acts and functions which the
sponsible licensee knows or has reason to believe such person is
petent and authorized by law to perform;
(4) direct, supervise, order, refer, enter into a practice
or delegate to other persons only those acts and functions which
within the normal and customary specialty, competence and lawful
tice of the responsible licensee;
(5) provide for a qualified, substitute licensee who accepts
bility for the direction, supervision, delegation and practice
such persons when the responsible licensee is temporarily
(b) ``Responsible licensee'' means a person licensed by the
of healing arts to practice medicine and surgery or chiropractic
accepted responsibility for the actions of persons who perform acts
suant to practice protocols with, or at the order of, or referral,
supervision or delegation from such responsible licensee.
(c) Notwithstanding the provisions of this section, K.S.A.
65-2897b, inclusive, and amendments thereto, shall govern the
and supervision of physicians' assistants by persons licensed by
board of healing arts to practice medicine and surgery.
(d) Nothing in subsection (a)(4) shall be construed to
prohibit a per-
son licensed to practice medicine and surgery from ordering,
or directing anesthesia care by a registered nurse anesthetist
K.S.A. 65-1158 and amendments thereto.
(e) Nothing in this section shall be construed to prohibit a
licensed to practice medicine and surgery from ordering,
directing physical therapy services pursuant to K.S.A. 65-2901
et seq. and
(f) Nothing in this section shall be construed to prohibit a
licensed to practice medicine and surgery from entering into a
agement relationship with an optometrist pursuant to K.S.A. 65-1501
seq. and amendments thereto.
(g) This section shall be part of and supplemental to the
ing arts act.
Sec. 2. K.S.A. 1997 Supp. 65-2837 is hereby amended to
follows: 65-2837. As used in K.S.A. 65-2836, and amendments
and in this section:
(a) ``Professional incompetency'' means:
(1) One or more instances involving failure to adhere to the
cable standard of care to a degree which constitutes gross
determined by the board.
(2) Repeated instances involving failure to adhere to the
standard of care to a degree which constitutes ordinary negligence,
determined by the board.
(3) A pattern of practice or other behavior which demonstrates
manifest incapacity or incompetence to practice medicine.
(b) ``Unprofessional conduct'' means:
(1) Solicitation of professional patronage through the use of
lent or false advertisements, or profiting by the acts of those
themselves to be agents of the licensee.
(2) Representing to a patient that a manifestly incurable
dition or injury can be permanently cured.
(3) Assisting in the care or treatment of a patient without
of the patient, the attending physician or the patient's legal
(4) The use of any letters, words, or terms, as an affix, on
in advertisements, or otherwise indicating that such person is
practice a branch of the healing arts for which such person is not
(5) Performing, procuring or aiding and abetting in the
or procurement of a criminal abortion.
(6) Willful betrayal of confidential information.
(7) Advertising professional superiority or the performance of
fessional services in a superior manner.
(8) Advertising to guarantee any professional service or to
any operation painlessly.
(9) Participating in any action as a staff member of a medical
facility which is designed to exclude or which results in the
any person licensed to practice medicine and surgery from the
staff of a nonprofit medical care facility licensed in this state
the branch of the healing arts practiced by such person or without
(10) Failure to effectuate the declaration of a qualified
provided in subsection (a) of K.S.A. 65-28,107, and amendments
(11) Prescribing, ordering, dispensing, administering,
ing or giving any amphetamines or sympathomimetic amines, except
authorized by K.S.A. 65-2837a, and amendments thereto.
(12) Conduct likely to deceive, defraud or harm the
(13) Making a false or misleading statement regarding the
skill or the efficacy or value of the drug, treatment or remedy
by the licensee or at the licensee's direction in the treatment of
ease or other condition of the body or mind.
(14) Aiding or abetting the practice of the healing arts by an
censed, incompetent or impaired person.
(15) Allowing another person or organization to use the
license to practice the healing arts.
(16) Commission of any act of sexual abuse, misconduct or
tion related to the licensee's professional practice.
(17) The use of any false, fraudulent or deceptive statement
document connected with the practice of the healing arts including
intentional falsifying or fraudulent altering of a patient or
(18) Obtaining any fee by fraud, deceit or
(19) Directly or indirectly giving or receiving any fee,
rebate or other compensation for professional services not actually
personally rendered, other than through the legal functioning of
professional partnerships, corporations or associations.
(20) Failure to transfer patient records to another licensee
quested to do so by the subject patient or by such patient's
(21) Performing unnecessary tests, examinations or services
have no legitimate medical purpose.
(22) Charging an excessive fee for services rendered.
(23) Prescribing, dispensing, administering, distributing a
tion drug or substance, including a controlled substance, in an
improper or inappropriate manner or quantity or not in the course
licensee's professional practice.
(24) Repeated failure to practice healing arts with that level
skill and treatment which is recognized by a reasonably prudent
practitioner as being acceptable under similar conditions and
(25) Failure to keep written medical records which accurately
scribe the services rendered to the patient, including patient
pertinent findings, examination results and test results.
(26) Delegating professional responsibilities to a person when
licensee knows or has reason to know that such person is not
training, experience or licensure to perform them.
(27) Using experimental forms of therapy without proper
patient consent, without conforming to generally accepted criteria
dard protocols, without keeping detailed legible records or without
periodic analysis of the study and results reviewed by a committee
(28) Prescribing, dispensing, administering or distributing an
bolic steroid or human growth hormone for other than a valid
purpose. Bodybuilding, muscle enhancement or increasing muscle
or strength through the use of an anabolic steroid or human growth
mone by a person who is in good health is not a valid medical
(29) Referring a patient to a health care entity for services
licensee has a significant investment interest in the health care
unless the licensee informs the patient in writing of such
vestment interest and that the patient may obtain such services
(30) Failing to properly supervise, direct or delegate acts
stitute the healing arts to persons who perform professional
suant to such licensee's direction, supervision, order,
or practice protocols.
(c) ``False advertisement'' means any advertisement which is
misleading or deceptive in a material respect. In determining
any advertisement is misleading, there shall be taken into account
only representations made or suggested by statement, word, design,
vice, sound or any combination thereof, but also the extent to
advertisement fails to reveal facts material in the light of such
(d) ``Advertisement'' means all representations disseminated
manner or by any means, for the purpose of inducing, or which are
to induce, directly or indirectly, the purchase of professional
(e) ``Licensee'' for purposes of this section and K.S.A.
amendments thereto, shall mean all persons issued a license, permit
special permit pursuant to article 28 of chapter 65 of the Kansas
(f) ``License'' for purposes of this section and K.S.A.
amendments thereto, shall mean any license, permit or special
granted under article 28 of chapter 65 of the Kansas Statutes
(g) ``Health care entity'' means any corporation, firm,
other business entity which provides services for diagnosis or
of human health conditions and which is owned separately from a
ring licensee's principle practice.
(h) ``Significant investment interest'' means ownership of at
of the value of the firm, partnership or other business entity
or leases the health care entity, or ownership of at least 10% of
of stock of the corporation which owns or leases the health care
Sec. 3. K.S.A. 1997 Supp. 65-2837 is hereby repealed.
Sec. 4. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved May 13, 1998