KANSAS OFFICE of
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65-1113. Definitions. When used in this act and the act of which this section is amendatory:

(a) "Board" means the board of nursing.

(b) "Diagnosis" in the context of nursing practice means that identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen and shall be construed as distinct from a medical diagnosis.

(c) "Treatment" means the selection and performance of those therapeutic measures essential to effective execution and management of the nursing regimen, and any prescribed medical regimen.

(d) Practice of nursing. (1) The practice of professional nursing as performed by a registered professional nurse for compensation or gratuitously, except as permitted by K.S.A. 65-1124, and amendments thereto, means the process in which substantial specialized knowledge derived from the biological, physical, and behavioral sciences is applied to: the care, diagnosis, treatment, counsel and health teaching of persons who are experiencing changes in the normal health processes or who require assistance in the maintenance of health or the prevention or management of illness, injury or infirmity; administration, supervision or teaching of the process as defined in this section; and the execution of the medical regimen as prescribed by a person licensed to practice medicine and surgery or a person licensed to practice dentistry.

(2) The practice of nursing as a licensed practical nurse means the performance for compensation or gratuitously, except as permitted by K.S.A. 65-1124, and any amendments thereto, of tasks and responsibilities defined in paragraph (1), which tasks and responsibilities are based on acceptable educational preparation within the framework of supportive and restorative care under the direction of a registered professional nurse, a person licensed to practice medicine and surgery or a person licensed to practice dentistry.

(e) A "professional nurse" means a person who is licensed to practice professional nursing as defined in subsection (d)(1).

(f) A "practical nurse" means a person who is licensed to practice practical nursing as defined in subsection (d)(2).

(g) "Advanced practice registered nurse" or "APRN" means a professional nurse who holds a license from the board to function as a professional nurse in an advanced role, and this advanced role shall be defined by rules and regulations adopted by the board in accordance with K.S.A. 65-1130, and amendments thereto.

(h) "Continuing nursing education" means learning experiences intended to build upon the educational and experiential bases of the registered professional and licensed practical nurse for the enhancement of practice, education, administration, research or theory development to the end of improving the health of the public.

History: L. 1949, ch. 331, § 1; L. 1963, ch. 314, § 1; L. 1975, ch. 316, § 1; L. 1978, ch. 240, § 1; L. 1980, ch. 186, § 1; L. 1983, ch. 206, § 6; L. 2011, ch. 114, § 39; L. 2018, ch. 42, § 2; July 1, 2019.

Law Review and Bar Journal References:

"Guideline for Joint Policy Statement on Nursing Service," 69 J.K.M.S. 66, 67 (1968).

"Medico-Legal Aspects of the Student Health Service," John E. Howe and Barry McGrath, 69 J.K.M.S. 421, 424, 425, 444 (1968).

"A New Kansas Approach to an Old Fraud," consumer protection, Polly Higdon Wilhardt, 14 W.L.J. 623 (1975).

"Physician's Assistant and Nurse Practitioner Laws: A Study of Health Law Reform," Philip C. Kissam, 24 K.L.R. 1, 4, 13 (1975).

"The Roles of the Office and Hospital Nurse," Wayne T. Stratton, 90, No. 3, Kan.Med. 66 (1989).

"Reconsidering the Regulation of Health Professionals in Kansas," Lisa E. Bartra, 5 Kan. J.L. & Pub. Pol'y, No. 3, 155, 156, 160, 166, 167, 170-173 (1996).

Attorney General's Opinions:

Examination, licensure and regulation of nursing; nonprohibited acts. 86-76.

Physicians' assistants; advanced registered nurse practitioners; persons authorized to issue prescription orders. 86-125.

Rules and regulations; statutory procedure; uniform determination of death act. 90-81.

Administration of over the counter medications by nurses to school students. 90-119.

Insurance coverage for services rendered in treatment of alcoholism, drug abuse or nervous or mental conditions. 90-130.

Regulation of nursing; acts which are not prohibited; auxiliary patient care services. 91-45.

Delegation of performance of medical procedures (IVFT) by licensed practitioners of healing arts; board of nursing authority to interpret law, legal opinions. 95-84.

CASE ANNOTATIONS

1. Applied; order of board suspending license of nurse for unprofessional conduct under K.S.A. 65-1120 held arbitrary and unreasonable. Kansas State Board of Nursing v. Burkman, 216 Kan. 187, 531 P.2d 122.

2. Nursing act does not apply to midwifery; section not unconstitutionally vague. State Bd. of Nursing v. Ruebke, 259 Kan. 599, 625, 913 P.2d 142 (1995).

3. Employee did not engage in statutorily protected opposition to alleged disability discrimination. Conrad v. Board of Johnson County Com'rs, 237 F. Supp. 2d 1204, 1262 (2002).

4. Kansas Nurse Practice Act cannot be basis for retaliatory discharge claim. Goodman v. Wesley Med. Center, 276 Kan. 586, 78 P.3d 817 (2003).


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