Printable Format65-2803. Prerequisite to practice a profession regulated by the board; exceptions; penalties. (a) Unless otherwise specified by the board or as provided in K.S.A. 2024 Supp. 65-28,134, and amendments thereto, it shall be unlawful for any person who does not have a license, registration, permit or certificate to engage in the practice of any profession regulated by the board or whose license, registration, permit or certificate to practice has been revoked or suspended to engage in the practice of any profession regulated by the board.
(b) This section shall not apply to any healthcare provider who in good faith renders emergency care or assistance at the scene of an emergency or accident as authorized by K.S.A. 65-2891, and amendments thereto.
(c) The commission of any act or practice declared to be a violation of this section may render the violator liable to the state or county for the payment of a civil penalty of up to $1,000 per day for each day a person engages in the unlawful practice of a profession regulated by the board. In addition to such civil penalty, such violator may be assessed reasonable costs of investigation and prosecution.
(d) Violation of this section is a severity level 10, nonperson felony.
History: L. 1957, ch. 343, § 3; L. 1992, ch. 32, § 1; L. 2014, ch. 131, § 6; L. 2019, ch. 52, § 3; March 1, 2020.
Attorney General's Opinions:
Doctors of chiropractic cannot use the term "chiropractic physician." 87-42.
Master level psychologists; supervision; limitations on practice. 87-184.
Persons deemed engaged in practice of chiropractic. 89-91.
Authority of legislature to transfer money from special revenue funds into state general fund. 2002-45.
Certified registered nurse anesthetist is not authorized to issue order for medications and diagnostic tests. 2009-4.
CASE ANNOTATIONS
1. Cited in upholding revocation of license by board pursuant to K.S.A. 65-2848. Kansas State Board of Healing Arts v. Foote, 200 Kan. 447, 452, 436 P.2d 828.
2. 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, 872, 811 P.2d 860 (1991).
3. Whether section requires proof of criminal intent to show violation examined on question reserved by prosecution. State v. Mountjoy, 257 Kan. 163, 165, 169, 177, 891 P.2d 376 (1995).
4. 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).