CHAPTER 203 HOUSE BILL No. 2665 An  Act concerning health care services; concerning emergency medical services; relating
to certification; relating to the administration of auto-injection epinephrine; concerning
critical access hospitals; relating to occupational therapist licensure; enacting the natur-
opathic doctor registration act; amending K.S.A. 65-5402, 65-5405, 65-5406, 65-5407,
65-5410, 65-5412 and 65-5414 and K.S.A. 2001 Supp. 65-468, 65-1501, 65-2891, 65-
4915, 65-4921, 65-5408, 65-5409, 65-6121 and 65-6129 and repealing the existing sec-
tions; also repealing K.S.A. 65-2872a and 65-6122.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2001 Supp. 65-6129 is hereby amended to read as
follows: 65-6129. (a) Application for an attendant's certificate shall be
made to the board upon forms provided by the administrator. The board
may grant an attendant's certificate if the applicant meets the following
requirements:

      (1)  (A) Has made application within one year from the date of the
last class of an appropriate a course of instruction approved by the board
for the classification of attendant's certificate for which application has
been made; and

      (B) has completed successfully such course of instruction, passed an
examination prescribed by the board and paid a fee prescribed by the
board; or

      (2) has completed successfully a course of instruction or training ac-
credited by the commission on accreditation of allied health education
programs, a program of instruction or training offered by the armed forces
of the United States or a program of instruction completed in another
state that is equivalent to a program approved by the board for the class
of attendant's certificate applied for, passed an examination prescribed
by the board and paid a fee prescribed by the board.

      (b) An attendant applying for an emergency medical technician's cer-
tificate shall have completed successfully a course of training, approved
by the board, in preliminary emergency medical care. An attendant ap-
plying for a mobile intensive care technician's certificate shall have com-
pleted successfully a course of training, approved by the board, which
shall include, but not be limited to, didactic and clinical experience in a
hospital and in an emergency vehicle unit. An attendant applying for an
emergency medical technician-intermediate certificate shall be certified
as an emergency medical technician and shall have completed successfully
a course of training, approved by the board, which shall include training
in veni-puncture for blood sampling and administration of intravenous
fluids and advanced patient assessment. An attendant applying for an
emergency medical technician-defibrillator certificate shall be certified
as an emergency medical technician and shall have completed successfully
a training program approved by the board. The board shall not grant an
initial emergency medical technician-intermediate certificate, an initial
emergency medical technician-defibrillator certificate or an initial mobile
intensive care technician certificate unless the applicant for such an initial
certificate is certified as an emergency medical technician.

      (c) An attendant's certificate shall expire on December 31, 2000, and
may be renewed as provided in this section. On and after January 1, 2001,
a an attendant's certificate shall expire on the date prescribed by the
board. An attendant's certificate may be renewed for a period of two years
upon payment of a fee as prescribed by rule and regulation of the board
and upon presentation of satisfactory proof that the attendant has suc-
cessfully completed continuing education as prescribed by the board. The
board may prorate to the nearest whole month the fee fixed under this
subsection as necessary to implement the provisions of this subsection.

      (d)  (1) The emergency medical services board may issue a temporary
certificate to any person who has not qualified for an attendant's certifi-
cate under paragraph (1) or (2) of subsection (a) when:

      (1) (A) The operator for whom such person serves as an attendant
requests a temporary certificate for that person; and

      (2) (B) such person meets or exceeds certain minimum requirements
prescribed by the board by rules and regulations.

      (2) A temporary certificate shall be effective for one year from the
date of its issuance or until the person has qualified as an attendant under
paragraph (1) or (2) of subsection (a), whichever comes first. A temporary
certificate shall not be renewed and shall be valid only while an attendant
works for the operator requesting the temporary certificate. A person
holding a temporary certificate as an emergency medical technician shall
not be eligible to apply for certification as an emergency medical tech-
nician-intermediate, emergency medical technician-defibrillator or a mo-
bile intensive care technician.

      (e)  (1) Upon request by an operator to the board and upon approval
by the board of such request, an applicant for certification may perform
activities that are within the authorized activities of the certification level
applied for, provided that the applicant:

      (A) Has successfully completed the appropriate course of instruction
for the level applied for;

      (B) serves with the ambulance service identified in this subsection (e);
and

      (C) is practicing under the direct supervision of a physician, physi-
cian assistant, professional nurse or an attendant who is at or above the
certification level for which the applicant has applied.

      (2) The authority to perform activities under this subsection (e) shall
terminate 120 days from the date of the last class or until the results of
the first examination are received by the board, whichever comes first.
Such authority to practice shall not be renewed and shall be valid only
while the applicant serves with the ambulance service identified in this
subsection (e).

      (e) (f) All fees received pursuant to the provisions of this section shall
be remitted to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the state general fund.

      (f) (g) If a person who was previously certified as an attendant applies
for an attendant's certificate within two years of the date of its the certif-
icate's expiration, the board may grant a certificate without the person
completing a course of instruction or passing an examination if the person
has completed continuing education requirements and has paid a fee
prescribed by rules and regulations.

      Sec.  2. K.S.A. 2001 Supp. 65-6121 is hereby amended to read as
follows: 65-6121. Notwithstanding any other provision of law to the con-
trary, an emergency medical technician may perform any of the following
activities:

      (a) Patient assessment and vital signs;

      (b) airway maintenance including the use of:

      (1) Oropharyngeal and nasopharyngeal airways;

      (2) esophageal obturator airways with or without gastric suction de-
vice;

      (3) multi-lumen airway; and

      (4) oxygen demand valves.

      (c) Oxygen therapy;

      (d) oropharyngeal suctioning;

      (e) cardiopulmonary resuscitation procedures;

      (f) control accessible bleeding;

      (g) apply pneumatic anti-shock garment;

      (h) manage outpatient medical emergencies;

      (i) extricate patients and utilize lifting and moving techniques;

      (j) manage musculoskeletal and soft tissue injuries including dressing
and bandaging wounds or the splinting of fractures, dislocations, sprains
or strains;

      (k) use of backboards to immobilize the spine;

      (l) administer syrup of ipecac, activated charcoal and glucose;

      (m) monitor peripheral intravenous line delivering intravenous fluids
during interfacility transport with the following restrictions:

      (1) The physician approves the transfer by an emergency medical
technician;

      (2) no medications or nutrients have been added to the intravenous
fluids; and

      (3) the emergency medical technician may monitor, maintain and
shut off the flow of intravenous fluid;

      (n) use automated external defibrillators;

      (o) administer epinephrine auto-injectors provided that:

      (1) The emergency medical technician successfully completes a course
of instruction approved by the board in the administration of epinephrine;
and

      (2) the emergency medical technician serves with an ambulance serv-
ice or a first response organization that provides emergency medical serv-
ices; and

      (3) the emergency medical technician is acting pursuant to medical
protocols;

      (p) perform, during nonemergency transportation, those activities
specified in this section when specifically authorized to perform such
activities by medical protocols; or

      (p)(q) when authorized by medical protocol, assist the patient in the
administration of the following medications which have been prescribed
for that patient: Auto-injection epinephrine, sublingual nitroglycerin and
inhalers for asthma and emphysema.

      Sec.  3. K.S.A. 2001 Supp. 65-468 is hereby amended to read as fol-
lows: 65-468. As used in K.S.A. 65-468 to 65-474, inclusive, and amend-
ments thereto:

      (a) ``Health care provider'' means any person licensed or otherwise
authorized by law to provide health care services in this state or a pro-
fessional corporation organized pursuant to the professional corporation
law of Kansas by persons who are authorized by law to form such cor-
poration and who are health care providers as defined by this subsection,
or an officer, employee or agent thereof, acting in the course and scope
of employment or agency.

      (b) ``Member'' means any hospital, emergency medical service, local
health department, home health agency, adult care home, medical clinic,
mental health center or clinic or nonemergency transportation system.

      (c) ``Mid-level practitioner'' means a physician's assistant or advanced
registered nurse practitioner who has entered into a written protocol with
a rural health network physician.

      (d) ``Physician'' means a person licensed to practice medicine and
surgery.

      (e) ``Rural health network'' means an alliance of members including
at least one critical access hospital and at least one other hospital which
has developed a comprehensive plan submitted to and approved by the
secretary of health and environment regarding patient referral and trans-
fer; the provision of emergency and nonemergency transportation among
members; the development of a network-wide emergency services plan;
and the development of a plan for sharing patient information and serv-
ices between hospital members concerning medical staff credentialing,
risk management, quality assurance and peer review.

      (f) ``Critical access hospital'' means a member of a rural health network
which makes available twenty-four hour emergency care services; provides
not more than 15 acute care inpatient beds for providing inpatient care for
a period not to exceed 96 hours (unless a longer period is required because
transfer to a hospital is precluded because of inclement weather or other
emergency conditions), except that a peer review organization or equivalent
entity, on request, may waive the ninety-six hour restriction on a case-by-
case basis; provides inpatient extended care services (if there is in effect or
in the case of a facility with an approved swing-bed agreement) so long as
the a combined total of extended care and acute care beds that does not
exceed 25 beds (provided that the number of beds used at any time for acute
care inpatient services does not exceed 15 beds); provides acute inpatient
care for a period that does not exceed, on an annual average basis, 96 hours
per patient; and provides nursing services under the direction of a licensed
professional nurse and continuous licensed professional nursing services for
not less than 24 hours of every day when any bed is occupied or the facility
is open to provide services for patients unless an exemption is granted by
the licensing agency pursuant to rules and regulations. The critical access
hospital may provide any services otherwise required to be provided by a
full-time, on-site dietician, pharmacist, laboratory technician, medical tech-
nologist and radiological technologist on a part-time, off-site basis under
written agreements or arrangements with one or more providers or sup-
pliers recognized under medicare. The critical access hospital may provide
inpatient services by a physician's assistant, nurse practitioner or a clinical
nurse specialist subject to the oversight of a physician who need not be
present in the facility.

      (g) ``Hospital'' means a hospital other than a critical access hospital
which has entered into a written agreement with at least one critical
access hospital to form a rural health network and to provide medical or
administrative supporting services within the limit of the hospital's ca-
pabilities.

      Sec.  4. On April 1, 2003, K.S.A. 65-5402 is hereby amended to read
as follows: 65-5402. As used in K.S.A. 65-5401 to 65-5417, inclusive, and
sections 13 to 15, inclusive, and amendments thereto:

      (a) ``Board'' means the state board of healing arts.

      (b) ``Occupational therapy'' is a health care profession whose practi-
tioners, other than occupational therapy practitioners working with the
educationally handicapped in a school system, are employed under the
supervision of a physician and whose practitioners provide therapy, re-
habilitation, diagnostic evaluation, care and education of individuals who
are limited by physical injury or illness, psychosocial dysfunction, devel-
opmental or learning disabilities or the aging process in order to maximize
independence, prevent disability and maintain health. Specific occupa-
tional therapy services include:

      (1) Administering and interpreting tests necessary for effective treat-
ment planning;

      (2) developing self-care and daily living skills such as feeding, dress-
ing, hygiene and homemaking;

      (3) designing, fabricating, applying or training, or any combination
thereof, in the use of selected orthotics, upper extremity prosthetics or
adaptive equipment;

      (4) developing sensory integrative skills and functioning;

      (5) using therapeutic activity and exercise to enhance functional or
motor performance, or both;

      (6) developing prevocational/vocational work capacities and play/lei-
sure skills; and

      (7) adapting environment for the disabled.

      (b) ``Practice of occupational therapy'' means the therapeutic use of
purposeful and meaningful occupations (goal-directed activities) to eval-
uate and treat, pursuant to the referral, supervision, order or direction of
a physician, a licensed podiatrist, a licensed dentist or a licensed optom-
etrist, individuals who have a disease or disorder, impairment, activity
limitation or participation restriction that interferes with their ability to
function independently in daily life roles and to promote health and well-
ness. Occupational therapy intervention may include:

      (1) Remediation or restoration of performance abilities that are lim-
ited due to impairment in biological, physiological, psychological or neu-
rological cognitive processes;

      (2) adaptation of tasks, process, or the environment or the teaching
of compensatory techniques in order to enhance performance;

      (3) disability prevention methods and techniques that facilitate the
development or safe application of performance skills; and

      (4) health promotion strategies and practices that enhance perform-
ance abilities.

      (c) ``Occupational therapy services'' include, but are not limited to:

      (1) Evaluating, developing, improving, sustaining, or restoring skills in
activities of daily living (ADL), work or productive activities, including in-
strumental activities of daily living (IADL) and play and leisure activities;

      (2) evaluating, developing, remediating, or restoring sensorimotor,
cognitive or psychosocial components of performance;

      (3) designing, fabricating, applying, or training in the use of assistive
technology or orthotic devices and training in the use of prosthetic devices;

      (4) adapting environments and processes, including the application
of ergonomic principles, to enhance performance and safety in daily life
roles;

      (5) applying physical agent modalities as an adjunct to or in prepa-
ration for engagement in occupations;

      (6) evaluating and providing intervention in collaboration with the
client, family, caregiver or others;

      (7) educating the client, family, caregiver or others in carrying out
appropriate nonskilled interventions; and

      (8) consulting with groups, programs, organizations or communities
to provide population-based services.

      (c) (d) ``Occupational therapist'' means a person registered licensed
to practice occupational therapy as defined in this act.

      (d) (e) ``Occupational therapy assistant'' means a person registered
licensed to assist in the practice of occupational therapy under the su-
pervision or with the consultation of an occupational therapist.

      (e) (f) ``Person'' means any individual, partnership, unincorporated
organization or corporation.

      (f) (g) ``Physician'' means a person licensed to practice medicine and
surgery.

      (h) ``Occupational therapy aide,'' ``occupational therapy tech'' or ``oc-
cupational therapy paraprofessional'' means a person who provides sup-
portive services to occupational therapists and occupational therapy as-
sistants in accordance with section 14 and amendments thereto.

      Sec.  5. On April 1, 2003, K.S.A. 65-5405 is hereby amended to read
as follows: 65-5405. The board shall pass upon the qualifications of all
applicants for examination and registration licensure, provide for and con-
duct all examinations, determine the applicants who successfully pass the
examination, duly register license such applicants and adopt rules and
regulations as may be necessary to administer the provisions of this act.
The board shall keep a record of all proceedings under this act and a
roster of all individuals registered licensed under this act. Only an indi-
vidual may be registered licensed under this act.

      Sec.  6. On April 1, 2003, K.S.A. 65-5406 is hereby amended to read
as follows: 65-5406. (a) An applicant applying for registration licensure as
an occupational therapist or as an occupational therapy assistant shall file
a written application on forms provided by the board, showing to the
satisfaction of the board that the applicant meets the following require-
ments:

      (1) Education: The applicant shall present evidence satisfactory to the
board of having successfully completed the academic requirements of an
educational program in occupational therapy recognized by the board.

      (2) Experience: The applicant shall submit to the board evidence of
having successfully completed a period of supervised field work at a min-
imum recognized by the board.

      (3) Examination: The applicant shall pass an examination as provided
for in K.S.A. 65-5407 and amendments thereto.

      (4) Fees: The applicants shall pay to the board all applicable fees
established under K.S.A. 65-5409 and amendments thereto.

      (b) The board shall adopt rules and regulations establishing the cri-
teria which an educational program in occupational therapy shall satisfy
to be recognized by the board under paragraph (1) of subsection (a). The
board may send a questionnaire developed by the board to any school or
other entity conducting an educational program in occupational therapy
for which the board does not have sufficient information to determine
whether the program should be recognized by the board and whether the
program meets the rules and regulations adopted under this section. The
questionnaire providing the necessary information shall be completed and
returned to the board in order for the program to be considered for
recognition. The board may contract with investigative agencies, com-
missions or consultants to assist the board in obtaining information about
an educational program in occupational therapy. In entering such con-
tracts the authority to recognize an educational program in occupational
therapy shall remain solely with the board.

      Sec.  7. On April 1, 2003, K.S.A. 65-5407 is hereby amended to read
as follows: 65-5407. (a) Each applicant for registration licensure under
this act shall be examined by written examination required by the board
to test the applicant's knowledge of the basic and clinical sciences relating
to occupational therapy, and occupational therapy theory and practice,
including the applicant's professional skills and judgment in the utilization
of occupational therapy techniques and methods, and such other subjects
as the board may deem useful to determine the applicant's fitness to
practice. The board shall approve an examination for occupational therapy
assistants and establish standards for acceptable performance.

      (b) Applicants for registration shall be examined at a time and place
and under such supervision as the board may determine. Examinations
shall be given at least twice each year at such places within this state as
the board may determine and the board shall give reasonable public no-
tice of such examinations at least 60 days prior to their administration.

      (c) Applicants may obtain their examination scores.

      Sec.  8. On April 1, 2003, K.S.A. 2001 Supp. 65-5408 is hereby
amended to read as follows: 65-5408. (a) The board shall waive the ex-
amination, education and experience requirements and grant registration
to any person who applies for registration on or before July 1, 1987, who
pays the application fee and who was certified prior to the effective date
of this act as an occupational therapist registered (O.T.R.) or a certified
occupational therapy assistant (C.O.T.A.) by the American occupational
therapy association (A.O.T.A.) or who has been employed as an occupa-
tional therapist for the purpose of providing occupational therapy for at
least two years within the three-year period immediately prior to the
effective date of this act. (b) The board may waive the examination, ed-
ucation or experience requirements and grant registration licensure to
any applicant who shall present presents proof of current licensure or
registration as an occupational therapist or occupational therapy assistant
in another state, the District of Columbia or territory of the United States
which requires standards for licensure or registration determined by the
board to be equivalent to or exceed the requirements for registration
licensure under this act.

      (c) (b) At the time of making an application under this section, the
applicant shall pay to the board the application fee as required under
K.S.A. 65-5409 and amendments thereto.

      (d) (c) The board may issue a temporary registration license to an
applicant for registration licensure as an occupational therapist or as an
occupational therapy assistant who applies for temporary registration li-
censure on a form provided by the board, who meets the requirements
for registration licensure or who meets all the requirements for registra-
tion licensure except examination and who pays to the board the tem-
porary registration license fee as required under K.S.A. 65-5409 and
amendments thereto. Such temporary registration license shall expire one
year from the date of issue or on the date that the board approves the
application for registration licensure, whichever occurs first. No more
than one such temporary registration license shall be permitted to any
one person.

      Sec.  9. On April 1, 2003, K.S.A. 2001 Supp. 65-5409 is hereby
amended to read as follows: 65-5409. (a) The board shall charge and
collect in advance fees provided for in this act as fixed by the board by
rules and regulations, subject to the following limitations:

Application fee, not more than	$80
Temporary registration fee, not more than	40
Registration renewal fee, not more than	80
Registration late renewal fee, not more than	80
Registration reinstatement fee, not more than	80
Certified copy of registration, not more than	40
Written verification of registration, not more than	25
Temporary license fee, not more than	40
License renewal fee, not more than	80
License late renewal fee, not more than	80
License reinstatement fee, not more than	80
Certified copy of license, not more than	40
Written verification of license, not more than	25

      (b) The board shall charge and collect in advance fees for any ex-
amination administered by the board under the occupational therapy
practice act as fixed by the board by rules and regulations in an amount
equal to the cost to the board of the examination. If the examination is
not administered by the board, the board may require that fees paid for
any examination under the occupational therapy practice act be paid di-
rectly to the examination service by the person taking the examination.

      Sec.  10. On April 1, 2003, K.S.A. 65-5410 is hereby amended to read
as follows: 65-5410. (a) The board may deny, refuse to renew, suspend
or revoke a registration license where the registrant licensee or applicant
for registration licensure has been guilty of unprofessional conduct which
has endangered or is likely to endanger the health, welfare or safety of
the public. Unprofessional conduct includes:

      (1) Obtaining a registration license by means of fraud, misrepresen-
tation or concealment of material facts;

      (2) being guilty of unprofessional conduct as defined by rules and
regulations adopted by the board;

      (3) being convicted of a felony if the acts for which such person was
convicted are found by the board to have a direct bearing on whether
such person should be entrusted to serve the public in the capacity of an
occupational therapist or occupational therapy assistant;

      (4) violating any lawful order or rule and regulation of the board; and

      (5) violating any provision of this act.

      (b) Such denial, refusal to renew, suspension or revocation of a reg-
istration license may be ordered by the board after notice and hearing on
the matter in accordance with the provisions of the Kansas administrative
procedure act. Upon the end of the period of time established by the
board for the revocation of registration a license, application may be made
to the board for reinstatement. The board shall have discretion to accept
or reject an application for reinstatement and may hold a hearing to con-
sider such reinstatement.

      Sec.  11. On April 1, 2003, K.S.A. 65-5412 is hereby amended to read
as follows: 65-5412. (a) Registrations Licenses issued under this act shall
be effective for a period of one year and shall expire at the end of such
period of time unless renewed in the manner prescribed by the board,
upon the payment of the registration license renewal fee established un-
der K.S.A. 65-5409 and amendments thereto. The board may establish
additional requirements for licensure or registration renewal which pro-
vide evidence of continued competency. The board may provide for the
late licensure or renewal of a license or registration upon the payment of
a late fee established under K.S.A. 65-5409 and amendments thereto, but
no such late renewal of a license or registration may be granted more
than five years after its expiration.

      (b) A person whose license or registration is suspended shall not en-
gage in any conduct or activity in violation of the order or judgment by
which the license or registration was suspended. If a license or registration
revoked on disciplinary grounds is reinstated, the licensee or registrant,
as a condition of reinstatement, shall pay the renewal fee and any late fee
that may be applicable.

      Sec.  12. On April 1, 2003, K.S.A. 65-5414 is hereby amended to read
as follows: 65-5414. (a) On and after July 1, 1987, It shall be unlawful for
any person who is not registered licensed under this act as an occupational
therapist or an occupational therapy assistant or whose registration license
has been suspended or revoked to use, in connection with such person's
name or place of business, the words ``occupational therapist,'' ``registered
licensed occupational therapist,'' ``occupational therapist registered li-
censed,'' ``occupational therapy assistant,'' ``registered licensed occupa-
tional therapy assistant,'' or the letters, ``O.T.,'' ``R.O.T. L.O.T.,'' ``O.T.R.
O.T.L.,'' ``O.T.A.'' or ``R.O.T.A. L.O.T.A.'' or any other words, letters,
abbreviations or insignia indicating or implying that such person is an
occupational therapist or an occupational therapy assistant or who in any
way, orally, in writing, in print or by sign, directly or by implication, rep-
resents oneself as an occupational therapist or an occupational therapy
assistant.

      (b) Any violation of this section shall constitute a class C misde-
meanor.

      New Sec.  13. (a) Nothing in the occupational therapy practice act is
intended to limit, preclude or otherwise interfere with the practices of
other health care providers formally trained and licensed, registered, cre-
dentialed or certified by appropriate agencies of the state of Kansas.

      (b) The practice of occupational therapy shall not be construed to
include the following:

      (1) Persons rendering assistance in the case of an emergency;

      (2) members of any church practicing their religious tenets;

      (3) persons whose services are performed pursuant to the delegation
of and under the supervision of an occupational therapist who is licensed
under this act;

      (4) any person employed as an occupational therapist or occupational
therapy assistant by the government of the United States or any agency
thereof, if such person practices occupational therapy solely under the
direction or control of the organization by which such person is employed;

      (5) licensees under the healing arts act when licensed and practicing
in accordance with the provisions of law or persons performing services
pursuant to a delegation authorized under subsection (g) of K.S.A. 65-
2872 and amendments thereto;

      (6) dentists practicing their professions, when licensed and practicing
in accordance with the provisions of law;

      (7) nurses practicing their professions, when licensed and practicing
in accordance with the provisions of law or persons performing services
pursuant to the delegation of a licensed nurse under subsection (m) of
K.S.A. 65-1124 and amendments thereto;

      (8) health care providers who have been formally trained and are
practicing in accordance with the training or have received specific train-
ing in one or more functions included in the occupational therapy practice
act pursuant to established educational protocols, or both;

      (9) any person pursuing a supervised course of study leading to a
degree or certificate in occupational therapy at an accredited or approved
educational program, if the person is designated by the title which clearly
indicates such person's status as a student or trainee;

      (10) any person fulfilling the supervised fieldwork experience
requirements as part of the experience necessary to meet the requirement
of the occupational therapy practice act;

      (11) self-care by a patient or gratuitous care by a friend or family
member who does not represent or hold oneself out to the public to be
an occupational therapist or an occupational therapy assistant;

      (12) optometrists practicing their profession when licensed and prac-
ticing in accordance with the provisions of article 15 of chapter 65 of the
Kansas Statutes Annotated and amendments thereto;

      (13) podiatrists practicing their profession when licensed and prac-
ticing in accordance with the provisions of article 15 of chapter 65 of the
Kansas Statutes Annotated and amendments thereto;

      (14) physical therapists practicing their profession when registered
and practicing in accordance with K.S.A. 65-2901 et seq. and amendments
thereto;

      (15) physician assistants practicing their profession when licensed and
practicing in accordance with the physician assistant licensure act;

      (16) athletic trainers practicing their profession when registered and
practicing in accordance with the athletic trainers registration act;

      (17) manufacturers of prosthetic devices;

      (18) any person performing occupational therapy services, if these
services are performed for no more than 45 days in a calendar year in
association with an occupational therapist licensed under the occupational
therapy practice act so long as (A) the person is registered or licensed
under the laws of another state which has licensure requirements at least
as stringent as the licensure requirements of this act, or (B) the person
meets the requirements for certification as an occupational therapist reg-
istered (OTR) or a certified occupational therapy assistant (COTA) es-
tablished by the national board for certification in occupational therapy
(NBCOT).

      (c) Any patient monitoring, assessment or other procedures designed
to evaluate the effectiveness of prescribed occupational therapy must be
performed by or pursuant to the delegation of a licensed occupational
therapist or other health care provider.

      (d) Education related therapy services provided by an occupational
therapist to school systems or consultation regarding prevention, ergon-
omics and wellness within the occupational therapy scope of practice shall
not require a referral, supervision, order or direction of a physician, a
licensed podiatrist, a licensed dentist or a licensed optometrist. However,
when in the course of providing such services an occupational therapist
reasonably believes that an individual may have an underlying injury, ill-
ness, disease, disorder or impairment, the occupational therapist shall
refer the individual to a physician, a licensed podiatrist, a licensed dentist
or a licensed optometrist, as appropriate.

      (e) Nothing in the occupational therapy practice act shall be con-
strued to permit the practice of medicine and surgery. No statute granting
authority to licensees of the state board of healing arts shall be construed
to confer authority upon occupational therapists to engage in any activity
not conferred by the occupational therapy practice act.

      (f) This section shall be part of and supplemental to the occupational
therapy practice act.

      (g) The provisions of this section shall take effect on and after April
1, 2003.

      New Sec.  14. (a) An occupational therapy aide, occupational therapy
tech or occupational therapy paraprofessional shall function under the
guidance and responsibility of the licensed occupational therapist and may
be supervised by the occupational therapist or an occupational therapy
assistant for specifically selected routine tasks for which the occupational
therapy aide, occupational therapy tech or occupational therapy parapro-
fessional has been trained and has demonstrated competence. The oc-
cupational therapy aide, occupational therapy tech or occupational ther-
apy paraprofessional shall comply with supervision requirements
developed by the board by rules and regulations which are consistent
with prevailing professional standards.

      (b) This section shall be part of and supplemental to the occupational
therapy practice act.

      (c) The provisions of this section shall take effect on and after April
1, 2003.

      New Sec.  15. (a) Any person holding a valid registration as an oc-
cupational therapist immediately prior to the effective date of this act
which has been issued by the state board of healing arts shall be deemed
to be a licensed occupational therapist and shall be subject to the provi-
sions of article 54 of chapter 65 of the Kansas Statutes Annotated.

      (b) Any person holding a valid registration as an occupational therapy
assistant immediately prior to the effective date of this act which has been
issued by the state board of healing arts shall be deemed to be a licensed
occupational therapy assistant and shall be subject to the provisions of
article 54 of chapter 65 of the Kansas Statutes Annotated.

      (c) This section shall be part of and supplemental to the occupational
therapy practice act.

      (d) The provisions of this section shall take effect on and after April
1, 2003.

      Sec.  16. On April 1, 2003, K.S.A. 2001 Supp. 65-1501 is hereby
amended to read as follows: 65-1501. (a) The practice of optometry
means:

      (1) The examination of the human eye and its adnexae and the em-
ployment of objective or subjective means or methods (including the ad-
ministering, prescribing or dispensing, of topical pharmaceutical drugs)
for the purpose of diagnosing the refractive, muscular, or pathological
condition thereof;

      (2) the prescribing or adapting of lenses (including any ophthalmic
lenses which are classified as drugs by any law of the United States or of
this state), prisms, low vision rehabilitation services, orthoptic exercises
and visual training therapy for the relief of any insufficiencies or abnormal
conditions of the human eye and its adnexae; and

      (3) except as otherwise limited by this section, the prescribing, ad-
ministering or dispensing of topical pharmaceutical drugs and oral drugs
for the examination, diagnosis and treatment of any insufficiencies or
abnormal conditions of the human eye and its adnexae.

      (b) The practice of optometry shall not include: (1) The management
and treatment of glaucoma, except as provided in subsection (d); (2) the
performance of surgery, including the use of lasers for surgical purposes,
except that therapeutic licensees may remove superficial foreign bodies
from the cornea and the conjunctiva; (3) the use of topical pharmaceutical
drugs by a person licensed to practice optometry unless such person suc-
cessfully meets the requirements of a diagnostic licensee or a therapeutic
licensee; and (4) the prescribing, administering and dispensing of oral
drugs for ocular conditions by a person licensed to practice optometry
unless such person successfully meets the requirements of a therapeutic
licensee, except that such therapeutic licensee may prescribe or admin-
ister oral steroids or oral antiglaucoma drugs for ocular conditions follow-
ing consultation with an ophthalmologist, which consultation shall be
noted in writing in the patient's file. No optometrist may prescribe or
administer oral drugs to persons less than six years of age.

      (c) A therapeutic licensee certified to treat adult open-angle glau-
coma as provided herein shall be held to a standard of care in the use of
such agents in diagnosis and treatment commensurate to that of a person
licensed to practice medicine and surgery, who exercises that degree of
skill and proficiency commonly exercised by an ordinary, skillful, careful
and prudent person licensed to practice medicine and surgery.

      (d) An optometrist may prescribe, administer and dispense topical
pharmaceutical drugs and oral drugs for the treatment of adult open-
angle glaucoma only following glaucoma licensure as provided in subsec-
tion (l) of K.S.A. 65-1501a and amendments thereto. After the initial
diagnosis of adult open-angle glaucoma, by an optometrist during the co-
management period described in subsection (s) of K.S.A. 65-1501a and
amendments thereto, the patient shall be notified that the diagnosis must
be confirmed by an ophthalmologist and that any subsequent treatment
requires a written co-management plan with an ophthalmologist of the
patient's choice.

      (e) Under the direction and supervision of a therapeutic licensee, a
licensed professional nurse, licensed practical nurse, registered physical
therapist and registered licensed occupational therapist may assist in the
provision of low vision rehabilitation services in addition to such other
services which such licensed professional nurse, licensed practical nurse,
registered physical therapist and registered licensed occupational thera-
pist is authorized by law to provide under subsection (d) of K.S.A. 65-
1113, subsection (h) of K.S.A. 65-1124, subsection (b) of K.S.A. 65-2901
and subsection (b) of K.S.A. 65-5402, and amendments thereto.

      Sec.  17. On April 1, 2003, K.S.A. 2001 Supp. 65-2891 is hereby
amended to read as follows: 65-2891. (a) Any health care provider who
in good faith renders emergency care or assistance at the scene of an
emergency or accident including treatment of a minor without first ob-
taining the consent of the parent or guardian of such minor shall not be
liable for any civil damages for acts or omissions other than damages
occasioned by gross negligence or by willful or wanton acts or omissions
by such person in rendering such emergency care.

      (b) Any health care provider may render in good faith emergency
care or assistance, without compensation, to any minor requiring such
care or assistance as a result of having engaged in competitive sports,
without first obtaining the consent of the parent or guardian of such
minor. Such health care provider shall not be liable for any civil damages
other than damages occasioned by gross negligence or by willful or wan-
ton acts or omissions by such person in rendering such emergency care.

      (c) Any health care provider may in good faith render emergency care
or assistance during an emergency which occurs within a hospital or else-
where, with or without compensation, until such time as the physician
employed by the patient or by the patient's family or by guardian assumes
responsibility for such patient's professional care. The health care pro-
vider rendering such emergency care shall not be held liable for any civil
damages other than damages occasioned by negligence.

      (d) Any provision herein contained notwithstanding, the ordinary
standards of care and rules of negligence shall apply in those cases
wherein emergency care and assistance is rendered in any physician's or
dentist's office, clinic, emergency room or hospital with or without com-
pensation.

      (e) As used in this section the term ``health care provider'' means any
person licensed to practice any branch of the healing arts, licensed dentist,
licensed optometrist, licensed professional nurse, licensed practical nurse,
licensed podiatrist, licensed pharmacist, registered physical therapist, and
any physician's assistant who has successfully completed an American
medical association approved training program and has successfully com-
pleted the national board examination for physicians' assistants of the
American board of medical examiners, any registered athletic trainer, any
registered licensed occupational therapist, any licensed respiratory ther-
apist, any person who holds a valid attendant's certificate under K.S.A.
65-6129, and amendments thereto, any person who holds a valid certifi-
cate for the successful completion of a course in first aid offered or ap-
proved by the American red cross, by the American heart association, by
the mining enforcement and safety administration of the bureau of mines
of the department of interior, by the national safety council or by any
instructor-coordinator, as defined in K.S.A. 65-6112, and amendments
thereto, and any person engaged in a postgraduate training program ap-
proved by the state board of healing arts.

      Sec.  18. On April 1, 2003, K.S.A. 2001 Supp. 65-4915 is hereby
amended to read as follows: 65-4915. (a) As used in this section:

      (1) ``Health care provider'' means: (A) Those persons and entities
defined as a health care provider under K.S.A. 40-3401 and amendments
thereto; and (B) a dentist licensed by the Kansas dental board, a dental
hygienist licensed by the Kansas dental board, a professional nurse li-
censed by the board of nursing, a practical nurse licensed by the board
of nursing, a mental health technician licensed by the board of nursing,
a physical therapist assistant certified by the state board of healing arts,
an occupational therapist registered licensed by the state board of healing
arts, an occupational therapy assistant registered licensed by the state
board of healing arts, a respiratory therapist licensed by the state board
of healing arts, a physician assistant licensed by the state board of healing
arts and attendants and ambulance services certified by the emergency
medical services board.

      (2) ``Health care provider group'' means:

      (A) A state or local association of health care providers or one or more
committees thereof;

      (B) the board of governors created under K.S.A. 40-3403 and amend-
ments thereto;

      (C) an organization of health care providers formed pursuant to state
or federal law and authorized to evaluate medical and health care services;

      (D) a review committee operating pursuant to K.S.A. 65-2840b
through 65-2840d, 65-2840c and amendments thereto;

      (E) an organized medical staff of a licensed medical care facility as
defined by K.S.A. 65-425 and amendments thereto, an organized medical
staff of a private psychiatric hospital licensed under K.S.A. 75-3307b and
amendments thereto or an organized medical staff of a state psychiatric
hospital or state institution for the mentally retarded, as follows: Larned
state hospital, Osawatomie state hospital, Rainbow mental health facility,
Kansas neurological institute and Parsons state hospital and training cen-
ter;

      (F) a health care provider;

      (G) a professional society of health care providers or one or more
committees thereof;

      (H) a Kansas corporation whose stockholders or members are health
care providers or an association of health care providers, which corpora-
tion evaluates medical and health care services; or

      (I) an insurance company, health maintenance organization or ad-
ministrator of a health benefits plan which engages in any of the functions
defined as peer review under this section.

      (3) ``Peer review'' means any of the following functions:

      (A) Evaluate and improve the quality of health care services rendered
by health care providers;

      (B) determine that health services rendered were professionally in-
dicated or were performed in compliance with the applicable standard of
care;

      (C) determine that the cost of health care rendered was considered
reasonable by the providers of professional health services in this area;

      (D) evaluate the qualifications, competence and performance of the
providers of health care or to act upon matters relating to the discipline
of any individual provider of health care;

      (E) reduce morbidity or mortality;

      (F) establish and enforce guidelines designed to keep within reason-
able bounds the cost of health care;

      (G) conduct of research;

      (H) determine if a hospital's facilities are being properly utilized;

      (I) supervise, discipline, admit, determine privileges or control mem-
bers of a hospital's medical staff;

      (J) review the professional qualifications or activities of health care
providers;

      (K) evaluate the quantity, quality and timeliness of health care serv-
ices rendered to patients in the facility;

      (L) evaluate, review or improve methods, procedures or treatments
being utilized by the medical care facility or by health care providers in
a facility rendering health care.

      (4) ``Peer review officer or committee'' means:

      (A) An individual employed, designated or appointed by, or a com-
mittee of or employed, designated or appointed by, a health care provider
group and authorized to perform peer review; or

      (B) a health care provider monitoring the delivery of health care at
correctional institutions under the jurisdiction of the secretary of correc-
tions.

      (b) Except as provided by K.S.A. 60-437 and amendments thereto
and by subsections (c) and (d), the reports, statements, memoranda, pro-
ceedings, findings and other records submitted to or generated by peer
review committees or officers shall be privileged and shall not be subject
to discovery, subpoena or other means of legal compulsion for their re-
lease to any person or entity or be admissible in evidence in any judicial
or administrative proceeding. Information contained in such records shall
not be discoverable or admissible at trial in the form of testimony by an
individual who participated in the peer review process. The peer review
officer or committee creating or initially receiving the record is the holder
of the privilege established by this section. This privilege may be claimed
by the legal entity creating the peer review committee or officer, or by
the commissioner of insurance for any records or proceedings of the
board of governors.

      (c) Subsection (b) shall not apply to proceedings in which a health
care provider contests the revocation, denial, restriction or termination
of staff privileges or the license, registration, certification or other au-
thorization to practice of the health care provider. A licensing agency in
conducting a disciplinary proceeding in which admission of any peer re-
view committee report, record or testimony is proposed shall hold the
hearing in closed session when any such report, record or testimony is
disclosed. Unless otherwise provided by law, a licensing agency conduct-
ing a disciplinary proceeding may close only that portion of the hearing
in which disclosure of a report or record privileged under this section is
proposed. In closing a portion of a hearing as provided by this section,
the presiding officer may exclude any person from the hearing location
except the licensee, the licensee's attorney, the agency's attorney, the
witness, the court reporter and appropriate staff support for either coun-
sel. The licensing agency shall make the portions of the agency record in
which such report or record is disclosed subject to a protective order
prohibiting further disclosure of such report or record. Such report or
record shall not be subject to discovery, subpoena or other means of legal
compulsion for their release to any person or entity. No person in at-
tendance at a closed portion of a disciplinary proceeding shall at a sub-
sequent civil, criminal or administrative hearing, be required to testify
regarding the existence or content of a report or record privileged under
this section which was disclosed in a closed portion of a hearing, nor shall
such testimony be admitted into evidence in any subsequent civil, crim-
inal or administrative hearing. A licensing agency conducting a discipli-
nary proceeding may review peer review committee records, testimony
or reports but must prove its findings with independently obtained tes-
timony or records which shall be presented as part of the disciplinary
proceeding in open meeting of the licensing agency. Offering such tes-
timony or records in an open public hearing shall not be deemed a waiver
of the peer review privilege relating to any peer review committee testi-
mony, records or report.

      (d) Nothing in this section shall limit the authority, which may oth-
erwise be provided by law, of the commissioner of insurance, the state
board of healing arts or other health care provider licensing or disciplinary
boards of this state to require a peer review committee or officer to report
to it any disciplinary action or recommendation of such committee or
officer; to transfer to it records of such committee's or officer's proceed-
ings or actions to restrict or revoke the license, registration, certification
or other authorization to practice of a health care provider; or to terminate
the liability of the fund for all claims against a specific health care provider
for damages for death or personal injury pursuant to subsection (i) of
K.S.A. 40-3403 and amendments thereto. Reports and records so fur-
nished shall not be subject to discovery, subpoena or other means of legal
compulsion for their release to any person or entity and shall not be
admissible in evidence in any judicial or administrative proceeding other
than a disciplinary proceeding by the state board of healing arts or other
health care provider licensing or disciplinary boards of this state.

      (e) A peer review committee or officer may report to and discuss its
activities, information and findings to other peer review committees or
officers or to a board of directors or an administrative officer of a health
care provider without waiver of the privilege provided by subsection (b)
and the records of all such committees or officers relating to such report
shall be privileged as provided by subsection (b).

      (f) Nothing in this section shall be construed to prevent an insured
from obtaining information pertaining to payment of benefits under a
contract with an insurance company, a health maintenance organization
or an administrator of a health benefits plan.

      Sec.  19. On April 1, 2003, K.S.A. 2001 Supp. 65-4921 is hereby
amended to read as follows: 65-4921. As used in K.S.A. 65-4921 through
65-4930, and amendments thereto:

      (a) ``Appropriate licensing agency'' means the agency that issued the
license to the individual or health care provider who is the subject of a
report under this act.

      (b) ``Department'' means the department of health and environment.

      (c) ``Health care provider'' means: (1) Those persons and entities de-
fined as a health care provider under K.S.A. 40-3401 and amendments
thereto; and (2) a dentist licensed by the Kansas dental board, a dental
hygienist licensed by the Kansas dental board, a professional nurse li-
censed by the board of nursing, a practical nurse licensed by the board
of nursing, a mental health technician licensed by the board of nursing,
a physical therapist assistant certified by the state board of healing arts,
an occupational therapist registered licensed by the state board of healing
arts, an occupational therapy assistant registered licensed by the state
board of healing arts and a respiratory therapist licensed by the state
board of healing arts.

      (d) ``License,'' ``licensee'' and ``licensing'' include comparable terms
which relate to regulation similar to licensure, such as registration.

      (e) ``Medical care facility'' means: (1) A medical care facility licensed
under K.S.A. 65-425 et seq. and amendments thereto; (2) a private psy-
chiatric hospital licensed under K.S.A. 75-3307b and amendments
thereto; and (3) state psychiatric hospitals and state institutions for the
mentally retarded, as follows: Larned state hospital, Osawatomie state
hospital, Rainbow mental health facility, Kansas neurological institute and
Parsons state hospital and training center.

      (f) ``Reportable incident'' means an act by a health care provider
which: (1) Is or may be below the applicable standard of care and has a
reasonable probability of causing injury to a patient; or (2) may be grounds
for disciplinary action by the appropriate licensing agency.

      (g) ``Risk manager'' means the individual designated by a medical care
facility to administer its internal risk management program and to receive
reports of reportable incidents within the facility.

      (h) ``Secretary'' means the secretary of health and environment.

      New Sec.  20. (a) Sections 20 to 37, inclusive, and amendments
thereto shall be known and may be cited as the naturopathic doctor reg-
istration act.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  21. (a) As used in sections 20 to 37, inclusive, and amend-
ments thereto:

      (1) ``Naturopathic doctor'' means a doctor of naturopathic medicine
who is authorized and registered pursuant to this act.

      (2) ``Naturopathic medicine,'' or ``naturopathy'' means a system of
health care practiced by naturopathic doctors for the prevention, diag-
nosis and treatment of human health conditions, injuries and diseases,
that uses education, natural medicines and therapies to support and stim-
ulate the individual's intrinsic self-healing processes, and includes pre-
scribing, recommending or administering: (A) Food, food extracts, vita-
mins, minerals, enzymes, whole gland thyroid, botanicals, homeopathic
preparations, nonprescription drugs, plant substances that are not des-
ignated as prescription drugs or controlled substances, topical drugs as
defined in subsection (a)(9) of this section, and amendments thereto; (B)
health care counseling, nutritional counseling and dietary therapy, natur-
opathic physical applications, barrier contraceptive devices; (C) sub-
stances on the naturopathic formulary which are authorized for intra-
muscular or intravenous administration pursuant to a written protocol
entered into with a physician who has entered into a written protocol with
a naturopathic doctor registered under this act; (D) noninvasive physical
examinations, venipuncture to obtain blood for clinical laboratory tests
and oroficial examinations, excluding endoscopies; (E) minor office pro-
cedures; and (F) naturopathic acupuncture. A naturopathic doctor may
not perform surgery, obstetrics, administer ionizing radiation, or pre-
scribe, dispense or administer any controlled substances as defined in
K.S.A. 65-4101, and amendments thereto, or any prescription-only drugs
except those listed on the naturopathic formulary adopted by the board
pursuant to this act.

      (3) ``Board'' means the state board of healing arts.

      (4) ``Approved naturopathic medical college'' means a college and
program granting the degree of doctor of naturopathy or naturopathic
medicine that has been approved by the board under this act and which
college and program requires at a minimum a four-year, full-time resident
program of academic and clinical study.

      (5) ``Homeopathic preparations'' means substances and drugs pre-
pared according to the official homeopathic pharmacopoeia recognized
by the United States food and drug administration.

      (6) ``Naturopathic acupuncture'' means the insertion of fine metal
needles through the skin at specific points on or near the surface of the
body with or without the palpation of specific points on the body and
with or without the application of electric current or heat to the needles
or skin or both to treat human disease and impairment and to relieve
pain.

      (7) ``Minor office procedures'' means care incidental to superficial
lacerations and abrasions, superficial lesions and the removal of foreign
bodies located in the superficial tissues, except eyes, and not involving
blood vessels, tendons, ligaments or nerves. ``Minor office procedures''
includes use of antiseptics, but shall not include the suturing, repairing,
alteration or removal of tissue or the use of general or spinal anesthesia.
Minor office procedures does not include anesthetics or surgery.

      (8) ``Naturopathic physical applications'' means the therapeutic use
by naturopathic doctors of the actions or devices of electrical muscle
stimulation, galvanic, diathermy, ultrasound, ultraviolet light, constitu-
tional hydrotheraphy, naturopathic musculoskeletal technique and ther-
apeutic exercise.

      (9) ``Topical drugs'' means topical analgesics, antiseptics, scabicides,
antifungals and antibacterials but does not include prescription only
drugs.

      (10) ``Physician'' means a person licensed to practice medicine and
surgery.

      (11) ``Written protocol'' means a formal written agreement between
a naturopathic doctor registered under this act and a person licensed to
practice medicine and surgery. Any licensee of the board entering into a
written protocol with a registered naturopathic doctor shall notify the
board in writing of such relationship by providing such information as the
board may require.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  22. (a) The board, as hereinafter provided, shall administer
the provisions of this act.

      (b) The board shall judge the qualifications of all applicants for ex-
amination and registration, determine the applicants who successfully
pass the examination, duly register such applicants and adopt rules and
regulations as may be necessary to administer the provisions of this act.

      (c) The board shall issue a registration as a naturopathic doctor to an
individual who prior to the effective date of this act (1) graduated from
a school of naturopathy that required four years of attendance and was
at the time of such individual's graduation accredited or a candidate for
accreditation by the board approved accrediting body, (2) passed an ex-
amination approved by the board covering appropriate naturopathic sub-
jects including basic and clinical sciences and (3) has not committed an
act which would subject such person to having a registration suspended
or revoked under section 27, and amendments thereto.

      (d) The board shall keep a record of all proceedings under this act
and a roster of all individuals registered under this act. Only an individual
may be registered under this act.

      (e) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  23. (a) An applicant applying for registration as a naturo-
pathic doctor shall file a written application on forms provided by the
board, showing to the satisfaction of the board that the applicant meets
the following requirements:

      (1) Education: The applicant shall present evidence satisfactory to the
board of having successfully completed an educational program in natur-
opathy from an approved naturopathic medical college.

      (2) Examination: The applicant shall pass an examination as provided
for in section 24 and amendments thereto.

      (3) Fees: The applicants shall pay to the board all applicable fees
established under section 26 and amendments thereto.

      (b) The board shall adopt rules and regulations establishing the cri-
teria for an educational program in naturopathy to obtain successful rec-
ognition by the board under paragraph (1) of subsection (a). The board
may send a questionnaire developed by the board to any school or other
entity conducting an educational program in naturopathy for which the
board does not have sufficient information to determine whether the
program should be recognized by the board and whether the program
meets the rules and regulations adopted under this section. The ques-
tionnaire providing the necessary information shall be completed and
returned to the board in order for the program to be considered for
recognition. The board may contract with investigative agencies, com-
missions or consultants to assist the board in obtaining information about
an educational program in naturopathy. In entering such contracts the
authority to recognize an educational program in naturopathy shall remain
solely with the board.

      (c) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  24. (a) Each applicant for registration under this act shall
be examined by a written examination or examinations chosen by the
board to test the applicant's knowledge of the basic and clinical sciences
relating to naturopathy, and naturopathy theory and practice, including
the applicant's professional skills and judgment in the utilization of na-
turopathic techniques and methods, and such other subjects as the board
may deem useful to determine the applicant's fitness to practice natur-
opathy.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  25. (a) The board may waive the examination or education
requirements, or both, and grant registration (1) to any applicant who
presents proof of current authorization to practice naturopathy in another
state, the District of Columbia or territory of the United States which
requires standards for authorization to practice determined by the board
to be equivalent to the requirements for registration under this act and
(2) to any applicant who presents proof that on the day preceding the
effective date of this act that the applicant was practicing under K.S.A.
65-2872a and amendments thereto.

      (b) At the time of making an application under this section, the ap-
plicant shall pay to the board the application fee as required under section
26 and amendments thereto.

      (c) The board may issue a temporary registration to an applicant for
registration as a naturopathic doctor who applies for temporary registra-
tion on a form provided by the board, who meets the requirements for
registration or who meets all the requirements for registration except
examination and who pays to the board the temporary registration fee as
required under section 26 and amendments thereto. The person who
holds a temporary registration shall practice only under the supervision
of a registered naturopathic doctor. Such temporary registration shall ex-
pire one year from the date of issue or on the date that the board approves
the application for registration, whichever occurs first. No more than one
such temporary registration shall be permitted to any one person.

      (d) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  26. (a) The board shall charge and collect in advance fees
provided for in this act as fixed by the board by rules and regulations,
subject to the following limitations:

Application fee, not more than	$200
Temporary registration fee, not more than	$30
Registration renewal fee, not more than	$150
Registration late renewal additional fee, not more than	$250
Registration reinstatement fee, not more than	$250
Certified copy of registration, not more than	$30
Written verification of registration, not more than	$25

      (b) The board shall charge and collect in advance fees for any ex-
amination administered by the board under the naturopathic doctor reg-
istration act as fixed by the board by rules and regulations in an amount
equal to the cost to the board of the examination. If the examination is
not administered by the board, the board may require that fees paid for
any examination under the naturopathic doctor registration act be paid
directly to the examination service by the person taking the examination.

      (c) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  27. (a) The board may deny, refuse to renew, suspend or
revoke a registration where the registrant or applicant for registration has
been guilty of unprofessional conduct which has endangered or is likely
to endanger the health, welfare or safety of the public. Unprofessional
conduct includes:

      (1) Obtaining a registration by means of fraud, misrepresentation or
concealment of material facts;

      (2) being guilty of unprofessional conduct as defined by rules and
regulations adopted by the board;

      (3) being convicted of a felony if the acts for which such person was
convicted are found by the board to have a direct bearing on whether
such person should be entrusted to serve the public in the capacity of a
naturopathic doctor;

      (4) violating any lawful order or rule and regulation of the board; and

      (5) violating any provision of this act.

      (b) Such denial, refusal to renew, suspension or revocation of a reg-
istration may be ordered by the board after notice and hearing on the
matter in accordance with the provisions of the Kansas administrative
procedure act. Upon the end of the period of time established by the
board for the revocation of a registration, application may be made to the
board for reinstatement. The board shall have discretion to accept or
reject an application for reinstatement and may hold a hearing to consider
such reinstatement. An application for reinstatement shall be accompa-
nied by the registration reinstatement fee established under section 26
and amendments thereto.

      (c) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  28. (a) Registrations issued under this act shall be effective
for a period of one year and shall expire at the end of such period of time
unless renewed in the manner prescribed by the board, upon the payment
of the registration renewal fee established under section 26 and amend-
ments thereto. The board may establish additional requirements for reg-
istration renewal which provide evidence of continued competency. The
board for registration renewal shall require completion of at least 25 hours
annually of continuing education approved by the board. The board may
provide for the late renewal of a registration upon the payment of a late
fee established under section 26 and amendments thereto, but no such
late renewal of a registration may be granted more than five years after
its expiration.

      (b) A person whose registration is suspended shall not engage in any
conduct or activity in violation of the order or judgment by which the
registration was suspended. If a registration revoked on disciplinary
grounds is reinstated, the registrant, as a condition of reinstatement, shall
pay the registration renewal fee and any late fee that may be applicable.

      (c) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  29. (a) The board shall remit all moneys received by or for
it from fees, charges or penalties to the state treasurer in accordance with
the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt
of each such remittance, the state treasurer shall deposit the entire
amount in the state treasury. Twenty percent of each such deposit shall
be credited to the state general fund and the balance shall be credited to
the healing arts fee fund. All expenditures from such fund shall be made
in accordance with appropriation acts upon warrants of the director of
accounts and reports issued pursuant to vouchers approved by the pres-
ident of the board or by a person designated by the president of the board.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  30. (a) On and after January 1, 2003, and prior to July 1,
2004, it shall be unlawful for any person who is not registered under this
act as a naturopathic doctor or whose registration has been suspended or
revoked to hold oneself out to the public as a registered naturopathic
doctor, or use the abbreviation of ``N.D.'' or the words ``naturopathic
doctor,'' ``doctor of naturopathy,'' ``doctor of naturopathic medicine,'' ``na-
turopathic medical doctor'' or any other words, letters, abbreviations or
insignia indicating or implying that such person is a naturopathic doctor.
A violation of this subsection (a) shall constitute a class B person misde-
meanor.

      (b) On and after July 1, 2004, it shall be unlawful for any person who
is not registered under this act as a naturopathic doctor or whose regis-
tration has been suspended or revoked to hold oneself out to the public
as a registered naturopathic doctor, or use the abbreviation of ``N.D.'' or
the words ``naturopathic doctor,'' ``doctor of naturopathy,'' ``doctor of na-
turopathic medicine,'' ``naturopath,'' ``naturopathic medical doctor'' or
any other words, letters, abbreviations or insignia indicating or implying
that such person is a naturopathic doctor. A violation of this subsection
(b) shall constitute a class B person misdemeanor.

      (c) No statute granting authority to persons licensed or registered by
the state board of healing arts shall be construed to confer authority upon
naturopathic doctors to engage in any activity not conferred by this act.

      (d) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  31. (a) The board shall adopt a naturopathic formulary
which lists the drugs and substances which are approved for intramuscular
or intravenous administration by a naturopathic doctor pursuant to the
order of a physician. The board shall appoint a naturopathic formulary
advisory committee which shall advise the board and make recommen-
dations on the list of substances which may be included in the naturo-
pathic formulary. The naturopathic formulary advisory committee shall
consist of a licensed pharmacist, a person knowledgeable in medicinal
plant chemistry, two persons licensed to practice medicine and surgery,
and two naturopathic doctors registered under this act.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  32. (a) In order to practice naturopathic acupuncture, a
naturopathic doctor shall obtain a naturopathic acupuncture specialty cer-
tification from the board. The board may issue this specialty certification
to a naturopathic doctor who has:

      (1) Submitted an application and paid certification fee to be deter-
mined by the board;

      (2) completed basic oriental medicine philosophy from a college or
university approved by the board and 500 hours of supervised clinical
training under a trained naturopathic acupuncturist's supervision.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  33. (a) There is established a naturopathic advisory council
to advise the board in carrying out the provisions of this act. The council
shall consist of five members, all citizens and residents of the state of
Kansas appointed as follows: Three members shall be naturopathic doc-
tors appointed by the state board of healing arts; one member shall be
the president of the state board of healing arts or a person designated by
the president; and one member appointed by the governor shall be from
the public sector who is not engaged, directly or indirectly, in the provi-
sion of health services. Insofar as possible persons appointed to the coun-
cil shall be from different geographic areas. If a vacancy occurs on the
council, the appointing authority of the position which has become vacant
shall appoint a person of like qualifications to fill the vacant position for
the unexpired term, if any. The members of the council appointed by the
governor shall be appointed for terms of three years and until a successor
is appointed. The members appointed by the state board of healing arts
shall serve at the pleasure of the state board of healing arts. If a member
is designated by the president of the state board of healing arts, the mem-
ber shall serve at the pleasure of the president.

      (b) Members of the council attending meetings of the council, or
attending a subcommittee meeting thereof authorized by the council,
shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and
amendments thereto from the healing arts fee fund.

      (c) During the 2003 regular session of the legislature the legislature
shall consider establishing an alternative health care board composed of
representatives as may be designated from existing health care regulatory
agencies, alternative health care providers and members of the general
public for purposes of advising the legislature on matters relating to al-
ternative health care, administering the naturopathic doctor registration
act and performing such other duties as may be established by law.

      (d) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  34. (a) When it appears to the board that any person is
violating any of the provisions of this act, the board may bring an action
in the name of the state of Kansas in a court of competent jurisdiction
for an injunction against such violation without regard to whether pro-
ceedings have been or may be instituted before the board or whether
criminal proceedings have been or may be instituted.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  35. (a) All state agency adjudicative proceedings under the
naturopathic doctor registration act shall be conducted in accordance with
the provisions of the Kansas administrative procedure act and shall be
reviewable in accordance with the act for judicial review and civil enforce-
ment of agency actions.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  36. (a) A policy of professional liability insurance approved
by the commissioner of insurance and issued by an insurer duly author-
ized to transact business in this state shall be maintained in effect by each
naturopathic doctor as a condition to rendering professional service as a
naturopathic doctor in this state.

      (b) The provisions of this section shall take effect on and after January
1, 2003.

      New Sec.  37. (a) The confidential relations and communications be


tween a naturopathic doctor and the naturopathic doctor's patient are
placed on the same basis as provided by law as those between a physician
and a physician's patient in K.S.A. 60-427, and amendments thereto.

      (b) The provisions of this section shall take effect on and after January
1, 2003. 
Sec.  38. K.S.A. 65-6122 and K.S.A. 2001 Supp. 65-468, 65-6121 and
65-6129 are hereby repealed.

 Sec.  39. On January 1, 2003, K.S.A. 65-2872a is hereby repealed.

      Sec.  40. On April 1, 2003, K.S.A. 65-5402, 65-5405, 65-5406, 65-
5407, 65-5410, 65-5412 and 65-5414 and K.S.A. 2001 Supp. 65-1501, 65-
2891, 65-5408, 65-5409, 65-4915 and 65-4921 are hereby repealed.

 Sec.  41. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 31, 2002.
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