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65-2866. Attorney general, county or district attorney to prosecute violations; recovery of expenses; disposition of recovered penalties. (a) Upon the request of the board, the attorney general or county or district attorney of the proper county shall institute in the name of the state or board the proper proceedings against any person regarding whom a complaint has been made charging such person with the violation of any of the provisions of this act, and the attorney general, and such county or district attorney, at the request of the attorney general or of the board shall appear and prosecute any and all such actions.

(b) In pursuing an action under the Kansas healing arts act solely in the name of the state or county, the attorney general and the county or district attorney are authorized to sue for and collect reasonable expenses and investigation fees as determined by the court. Civil penalties or contempt penalties sued for and recovered by the attorney general shall be paid into the state general fund. Civil penalties and contempt penalties sued for and recovered by the county or district attorney shall be paid into the general fund of the county where the proceedings were instituted.

History: L. 1957, ch. 343, § 66; L. 1976, ch. 273, § 28; L. 2014, ch. 131, § 28; July 1, 2015.

Attorney General's Opinions:

Enforcement of naturopath statute is to be accomplished by state, not professional association or individual. 2002-13.

CASE ANNOTATIONS

1. Whether Kansas board of healing arts has the capacity to be sued under KTCA (K.S.A. 75-6101 et seq.) and ordered to pay damages examined. Corder v. Kansas Board of Healing Arts, 256 Kan. 638, 664, 889 P.2d 1127 (1994).


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