KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

65-2801. Purpose. Recognizing that the practice of the healing arts is a privilege granted by legislative authority and is not a natural right of individuals, it is deemed necessary as a matter of policy in the interests of public health, safety and welfare, to provide laws and provisions covering the granting of that privilege and its subsequent use, control and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized and unqualified practice of the healing arts and from unprofessional conduct by persons licensed to practice under this act.

History: L. 1957, ch. 343, § 1; July 1.

Law Review and Bar Journal References:

"The Locality Doctrine and the Standard of Care of a Physician," Bruce W. Kent, 8 W.L.J. 339, 340 (1969).

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

"Regulation and Control—The Function of Law in Medicine," Howard N. Ward, M.D., J.D., 81 J.K.M.S. 499 (1980).

Attorney General's Opinions:

Doctors of chiropractic cannot use the term "chiropractic physician." 87-42.

Limited liability company, consisting of licensed medical practitioners and licensed hospital, may contract with other medical practitioners for health care services. 96-34.

Authority of legislature to transfer money from special revenue funds into state general fund. 2002-45.

CASE ANNOTATIONS

1. Declaratory judgment action; validity of act; petition sufficient; plaintiffs entitled to sue for others. State Association of Chiropractors v. Anderson, 186 Kan. 130, 131, 132, 133, 134, 135, 137, 138, 139, 348 P.2d 1042.

2. Provisions of healing arts act held constitutional. Sutherland v. Ferguson 194 Kan. 35, 397 P.2d 335.

3. Purpose of article stated herein; revocation of license pursuant to K.S.A. 65-2848 upheld. Kansas State Board of Healing Arts v. Foote, 200 Kan. 447, 452, 436 P.2d 828.

4. Cited; action by defendants fitting contact lenses held not in violation of healing arts act. State, ex rel., v. Doolin & Shaw, 209 Kan. 244, 246, 497 P.2d 138.

5. Acupuncture does not constitute surgery and is not prohibited in the practice of chiropractic under act. Acupuncture Society of Kansas v. Kansas Bd. of Healing Arts, 226 Kan. 639, 643, 602 P.2d 1311.

6. Chiropractor who intravenously administered laetrile violated healing arts act; license revocation upheld. Kansas State Board of Healing Arts v. Burwell, 5 Kan. App. 2d 357, 358, 359, 616 P.2d 1084.

7. Judicial functions immune from damages in a 42 U.S.C. § 1983 action (civil rights). Vakas v. Rodriquez, 728 F.2d 1293, 1296 (1984).

8. Read in its entirety, the act gives the board sufficient guidance to exercise discretion, and therefore does not violate constitution. Vakas v. Kansas Bd. of Healing Arts, 248 Kan. 589, 602, 808 P.2d 1355 (1991).

9. Cited in opinion holding that K.S.A. 17-2708 of professional corporation law does not authorize medical practice by general corporation. Early Detection Center, Inc. v. Wilson, 248 Kan. 869, 873, 811 P.2d 860 (1991).

10. Whether damage award based on chiropractor's expert testimony was based on sufficient evidence examined. McKissick v. Frye, 255 Kan. 566, 592, 876 P.2d 1371 (1994).

11. Whether Kansas board of healing arts is authorized to order mental examination of respondent only after formal administrative proceedings commenced examined. Corder v. Kansas Board of Healing Arts, 256 Kan. 638, 642, 889 P.2d 1127 (1994).

12. Jurisdiction not lost in pending disciplinary action upon licensee's failure to renew license resulting in cancellation. Patel v. Kansas Bd. of Healing Arts, 22 Kan. App. 2d 712, 714, 920 P.2d 477 (1996).

13. Injunction or quo warranto may be brought for practice of healing arts without license. State ex rel Board of Healing Arts v. Beyrle, 269 Kan. 616, 7 P.3d 1194 (2000).

14. Individual who is not licensed under Kansas Healing Arts Act is prohibited from using M.D. designation (licensed dentist may not use M.D. degree he obtained after eight weeks of schooling in West Indies university). State ex rel. State Bd. of Healing Arts v. Thomas, 33 Kan. App. 2d 73, 97 P.3d 514 (2004).

15. Cited; appellant failed to exhaust administrative remedies before seeking district court action; appeal dismissed. Friedman v. Kansas State Bd. of Healing Arts, 287 Kan. 749, 752, 199 P.3d 781 (2009).


 | Next

LEGISLATIVE COORDINATING COUNCIL
  12/18/2023 Meeting Notice Agenda
  11/09/2023 Meeting Notice Agenda
  08/09/2023 Meeting Notice Agenda
  06/05/2023 Meeting Notice Agenda
  04/25/2023 Meeting Notice Agenda
  LCC Policies

REVISOR OF STATUTES
  2023 New, Amended and Repealed by KSA
  2023 New, Amended and Repealed by Bill
  2024 Valid Section Numbers
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

USEFUL LINKS
Session Laws

OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department