CHAPTER 128 SENATE BILL No. 225 An  Act relating to physical therapy; providing for licensure of physical therapists; amending
K.S.A. 7-121b, 40-2,111, 60-513d, 60-2609, 65-1501, 65-1902, 65-2891, 65-2901, 65-
2903, 65-2904, 65-2905, 65-2906, 65-2909, 65-2910, 65-2911, 65-2912, 65-2913, 65-
2914, 65-2916, 65-2918, 65-2919, 65-4915, 65-4921, 65-5418 and 65-5912 and K.S.A.
2002 Supp. 17-2707, 21-3721 and 40-3401 and repealing the existing sections; also re-
pealing K.S.A. 65-2902, 65-2907, 65-2908 and 65-2915.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 65-2901 is hereby amended to read as follows: 65-
2901. (a) As used in this act, the term article 29 of chapter 65 of the
Kansas Statutes Annotated and acts amendatory of the provisions thereof
or supplemental thereto:

      (a) ``Physical therapy'' means a health specialty concerned with the
evaluation, treatment or instruction of human beings to assess, prevent
and alleviate physical disability and pain. This includes the administration
and evaluation of tests and measurements of bodily functions and struc-
tures in aid of treatment; the planning, administration, evaluation and
modifications of treatment and instruction, including the use of physical
measures, activities and devices for prevention and therapeutic purposes;
and the provision of consultative, educational and advisory services for
the purpose of reducing the incidence and severity of physical disability
and pain. The use of roentgen rays and radium for diagnostic and ther-
apeutic purposes, the use of electricity for surgical purposes, including
cauterization, and the practice of medicine and surgery are not authorized
or included under the term ``physical therapy'' as used in this act exam-
ining, evaluating and testing individuals with mechanical, anatomical,
physiological and developmental impairments, functional limitations and
disabilities or other health and movement-related conditions in order to
determine a diagnosis solely for physical therapy, prognosis, plan of ther-
apeutic intervention and to assess the ongoing effects of physical therapy
intervention. Physical therapy also includes alleviating impairments, func-
tional limitations and disabilities by designing, implementing and modi-
fying therapeutic interventions that may include, but are not limited to,
therapeutic exercise; functional training in community or work integra-
tion or reintegration; manual therapy; therapeutic massage; prescription,
application and, as appropriate, fabrication of assistive, adaptive, or-
thotic, prosthetic, protective and supportive devices and equipment; air-
way clearance techniques; integumentary protection and repair tech-
niques; debridement and wound care; physical agents or modalities;
mechanical and electrotherapeutic modalities; patient-related instruction;
reducing the risk of injury, impairments, functional limitations and dis-
ability, including the promotion and maintenance of fitness, health and
quality of life in all age populations and engaging in administration, con-
sultation, education and research. Physical therapy also includes the care
and services provided by a physical therapist or a physical therapist as-
sistant under the direction and supervision of a physical therapist that is
licensed pursuant to this act. Physical therapy does not include the use of
roentgen rays and radium for diagnostic and therapeutic purposes, the
use of electricity for surgical purposes, including cauterization, the prac-
tice of any branch of the healing arts and the making of a medical diag-
nosis.

      (b) ``Physical therapist'' means a person who practices physical ther-
apy as defined in this act and delegates selective forms of treatment to
supportive personnel under the supervision of such person is licensed to
practice physical therapy pursuant to this act. Any person who success-
fully meets the requirements of K.S.A. 65-2906 and amendments thereto
shall be known and designated as a physical therapist and may designate
or describe oneself as a physical therapist, physiotherapist, registered li-
censed physical therapist, P.T., Ph. T., M.P.T., D.P.T. or R.P.T. L.P.T.
Physical therapists may evaluate patients without physician referral but
may initiate treatment only after consultation with and approval by a phy-
sician licensed to practice medicine and surgery, a licensed podiatrist, a
licensed chiropractor or a licensed dentist in appropriately related cases
or a therapeutic licensed optometrist pursuant to subsection (e) of K.S.A.
65-1501, and amendments thereto.

      (c) ``Physical therapist assistant'' means a person who is certified pur-
suant to this act and who works under the direction of a physical therapist,
and who assists in the application of physical therapy, and whose activities
require an understanding of physical therapy, but do not require profes-
sional or advanced training in the anatomical, biological and physical sci-
ences involved in the practice of physical therapy the physical therapist
in selected components of physical therapy intervention. Any person who
successfully meets the requirements of K.S.A. 65-2906 and amendments
thereto shall be known and designated as a physical therapist assistant,
and may designate or describe oneself as a physical therapist assistant,
certified physical therapist assistant, P.T.A., C.P.T.A. or P.T. Asst.

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

      (e) ``Council'' means the physical therapy advisory council.

      Sec.  2. K.S.A. 65-2903 is hereby amended to read as follows: 65-
2903. There is hereby created a state examining committee for physical
therapy advisory council to assist the state board of healing arts in carrying
out the provisions of this law, regarding the qualifications and examination
of physical therapists and physical therapist assistants. The examining
committee council shall consist of five members, citizens and residents
of the state of Kansas, three of whom shall be physical therapists, one of
whom shall be a physician licensed by the board to practice medicine and
surgery and one of whom shall be a member of such board.

      Sec.  3. K.S.A. 65-2904 is hereby amended to read as follows: 65-
2904. The state examining committee council shall be appointed as fol-
lows: The state board of healing arts shall appoint one physician licensed
to practice medicine and surgery and one member of the state board of
healing arts, and the governor shall appoint three physical therapists who
are duly registered licensed physical therapists who have at least three
years' experience in physical therapy immediately preceding the appoint-
ment and are actively engaged, in this state, in physical therapy. The
foregoing appointees shall constitute the state examining committee for
physical therapy council. Except as otherwise provided in this section, the
members appointed in accordance with this section shall be appointed
for terms of four years and shall serve until their successors are appointed
and qualify. Of the first three physical therapist members appointed by
the governor on or after July 1, 1983, one shall be appointed for a term
of two years, one shall be appointed for a term of three years and one
shall be appointed for a term of four years, and these members shall serve
until a successor is appointed and qualified. Thereafter, physical therapist
members appointed by the governor shall be appointed for terms of four
years and shall serve until their successors are appointed and qualified.
Members serving on the examining committee for physical therapy on the
effective date of this act shall be members of the council and shall serve
on the council until the conclusion of the terms for which they were ap-
pointed to the examining committee for physical therapy and until their
successors are appointed and qualified. Each member of the committee
council shall take an oath as required by law for state officers. No physical
therapist member appointed by the governor on or after July 1, 1983,
shall be appointed for more than two successive four-year terms com-
mencing on or after that date.

      Sec.  4. K.S.A. 65-2905 is hereby amended to read as follows: 65-
2905. (a) The state examining committee for physical therapy advisory
council provided for in this act shall elect from their members a president
and a vice-president, who shall serve for one year or until their successors
are elected and qualified. The executive director of the state board of
healing arts shall act as secretary of the examining committee council.

      (b) The state examining committee council shall serve in an advisory
capacity to the state board of healing arts in matters pertaining to physical
therapy. The state board of healing arts may adopt reasonable rules and
regulations relative to the qualification and examination of applicants as
may be found necessary for the performance of its duties. As to any mat-
ters coming under its jurisdiction, the state examining committee council
while in session may take testimony and any member may administer
oaths in the taking of such testimony.

      (c) A simple majority of the committee council shall constitute a quo-
rum for the transaction of business. The secretary shall keep a record of
all procedures of the committee council.

      (d) The examining committee shall meet at a city designated by the
examining committee and the board, and under the direction of the state
board of healing arts, there conduct the examination for the registration
of physical therapists and certification of physical therapist assistants, at
least once each year, and may hold other meetings and examinations at
such times and places as the examining committee and board may deter-
mine.

      (e) (d) The board may appoint and fix the compensation of such em-
ployees as may be necessary to assist the examining committee council,
and the board shall have the power to employ such expert assistance as
it may deem necessary to carry out the purposes of this act. Members of
the state examining committee for physical therapy council attending
meetings of such committee council, or attending a subcommittee meet-
ing thereof authorized by such committee council, shall be paid compen-
sation, subsistence allowances, mileage and other expenses as amounts
provided in subsection (e) of K.S.A. 75-3223 and amendments thereto.

      Sec.  5. K.S.A. 65-2906 is hereby amended to read as follows: 65-
2906. (a) It shall be the duty of The state board of healing arts, with the
advice and assistance of the state examining committee, to council, shall
pass upon the qualifications of all applicants for examination and regis-
tration licensure or certification, provide for and conduct all examinations,
determine the applicants who successfully pass the examination, and duly
register license or certify such persons and adopt rules and regulations
for professional conduct of the registered or certified persons those ap-
plicants who meet the qualifications established by this act.

      (b) An applicant applying for registration licensure as a physical ther-
apist or for a certificate as a physical therapist assistant shall file a written
application on forms provided by the state board of healing arts, showing
to the satisfaction of the board that the applicant meets the following
requirements:

      (1) The applicant is of legal age;

      (2) the applicant has successfully completed the academic require-
ments of an educational program in physical therapy approved by the
board which is appropriate for the certification or registration licensure
of the applicant or, if the applicant attended a program not approved by
the board, the applicant shall present an evaluation by an entity approved
by the board showing that applicant's educational program met the cri-
teria a school must satisfy to be approved by the board;

      (3) the applicant has passed an examination required by the board
which is appropriate for the certification or registration licensure of the
applicant to test the applicant's knowledge of the basic and clinical sci-
ences relating to physical therapy theory and practice; and

      (4) the applicant has paid to the board all applicable fees established
under K.S.A. 65-2911 and amendments thereto.

      (c) The board shall adopt rules and regulations establishing the cri-
teria which a school shall satisfy in order to be approved by the board for
purposes of subsection (b). The board may send a questionnaire devel-
oped by the board to any school for which the board does not have suf-
ficient information to determine whether the school meets the require-
ments of the board for approval and 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 school to be
considered for approval. The board may contract with investigative agen-
cies, commissions or consultants to assist the board in obtaining infor-
mation about schools. In entering such contracts the authority to approve
schools shall remain solely with the board.

      (d) All registrations or certificates issued prior to July 1, 1994, which
are in effect on the effective date of this act shall be and continue in full
force and effect and be eligible for renewal and reinstatement under
K.S.A. 65-2910 and amendments thereto.

      Sec.  6. K.S.A. 65-2909 is hereby amended to read as follows: 65-
2909. (a) The board may issue a certificate of registration license in phys-
ical therapy without examination therein to an applicant who presents
evidence satisfactory to the board of having passed the examination in
physical therapy of the American registry of physical therapists, approved
by the board or an examination before a similar, lawfully authorized ex-
amining board in physical therapy of another state, District of Columbia,
territory or foreign country, if the standards for registration licensure in
physical therapy in such other state, district, territory or foreign country
are determined by the board to be as high as those of this state. At the
time of making such application, the applicant shall pay to the board a
fee as prescribed, no part of which shall be returned.

      (b) The board may issue a certificate as a physical therapist assistant
without examination therein to an applicant who presents evidence sat-
isfactory to the board of having passed an examination as a physical ther-
apist assistant as approved by the state board of healing arts or an ex-
amination before a similar, lawfully authorized examining board in
physical therapy of another state, District of Columbia, territory or foreign
country, if the standards for certification in physical therapy in such other
state, District of Columbia, territory or foreign country are determined
by the board to be as high as those of this state. At the time of making
such application, the applicant shall pay to the board a fee as prescribed,
no part of which shall be returned.

      (c) The board may issue a temporary permit to an applicant for li-
censure as a physical therapist or an applicant for certification as a phys-
ical therapist assistant who applies for a temporary permit on a form
provided by the board, who meets the requirements for licensure as a
physical therapist or for certification as a physical therapist assistant or
who meets all of the requirements for licensure or certification except
examination and who pays to the board the temporary permit fee as re-
quired under K.S.A. 65-2911 and amendments thereto. Such temporary
permit shall expire three months from the date of issue or on the date that
the board approves the application for licensure or certification, which-
ever occurs first. No more than one such temporary permit shall be
granted to any one person.

      Sec.  7. K.S.A. 65-2910 is hereby amended to read as follows: 65-
2910. (a) The registration license of every registered licensed physical
therapist and the certification of every certified physical therapist assistant
shall expire on the date established by rules and regulations of the state
board of healing arts which may provide renewal throughout the year on
a continuing basis. In each case in which a registration license or certifi-
cate is renewed for a period of time of less than one year, the board may
prorate the amount of the fee established under K.S.A. 65-2911 and
amendments thereto. The request for renewal shall be on a form provided
by the board and shall be accompanied by the renewal fee established
under to K.S.A. 65-2911 and amendments thereto which shall be paid
not later than the expiration date of the registration license or certificate.

      (b) The state board of healing arts shall require every registered li-
censed physical therapist or certified physical therapist assistant as a con-
dition of renewal to submit with the application for a renewal evidence
of satisfactory completion of a program of continuing education required
by the board. The board shall establish the requirements for each such
program of continuing education by rules and regulations. In establishing
such requirements the board shall consider any existing programs of con-
tinuing education currently being offered to registered licensed physical
therapists or certified physical therapist assistants.

      (c) The state board of healing arts prior to renewal of the registration
of a physical therapist, shall require the registrant, if in the active practice
of physical therapy within Kansas, to submit to the board evidence sat-
isfactory to the board that the registrant is maintaining a policy of pro-
fessional liability insurance as required by K.S.A. 40-3402 and amend-
ments thereto and has paid the annual premium surcharge as required
by K.S.A. 40-3404 and amendments thereto.

      (d) (c) At least 30 days before the expiration of the registration license
of a physical therapist or the certificate of a physical therapist assistant,
the state board of healing arts shall notify the registrant licensee or cer-
tificate holder of the expiration by mail addressed to the registrant's li-
censee's last mailing address as noted upon the office records. If the reg-
istrant licensee or certificate holder fails to pay the renewal fee by the
date of expiration, the registrant licensee or certificate holder shall be
given a second notice that the registration license or certificate has expired
and the registration license or certificate may be renewed only if the
renewal fee and the late renewal fee are received by the board within the
thirty-day period following the date of expiration and that, if both fees
are not received within the thirty-day period, the registration license or
certificate shall be considered to have lapsed canceled for failure to renew
and shall be reissued only after the physical therapist or physical therapist
assistant has been reinstated under subsection (e) (d).

      (e) (d) Any registrant licensee or certificate holder who allows the
registration license or certificate to lapse be canceled by failing to renew
may be reinstated upon recommendation of the state board of healing
arts and, upon payment of the renewal fee and the reinstatement fee and
upon submitting evidence of satisfactory completion of any applicable
reeducation and continuing education requirements established by the
board. The board shall adopt rules and regulations establishing appro-
priate reeducation and continuing education requirements for reinstate-
ment of persons whose registrations licenses or certificates have lapsed
been canceled for failure to renew.

      Sec.  8. K.S.A. 65-2911 is hereby amended to read as follows: 65-
2911. (a) The state board of healing arts may adopt such rules and reg-
ulations as necessary to carry out the purposes of this act. The executive
director of the board shall keep a record of all proceedings under this act
and a roster of all persons registered licensed or certified under the act.
The roster shall show the name, address, date and number of the original
certificate of registration license or certificate, and the renewal thereof.

      (b)  (1) 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 based upon certificate of prior examination, not more than	$80
Application based on examination, not more than	100
Annual renewal fee, not more than	70
Late renewal fee, not more than	75
Reinstatement fee, not more than	80
Certified copy of license or certificate, not more than	15
Duplicate certificate	15
Temporary permit	25

      (2) The board shall charge and collect in advance fees for any ex-
amination administered by the board under article 29 of chapter 65 of
the Kansas Statutes Annotated and acts amendatory of the provisions
thereof or supplemental thereto as fixed by the board by rules and regu-
lations 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 article 29 of chapter 65 of the
Kansas Statutes Annotated and acts amendatory of the provisions thereof
or supplemental thereto be paid directly to the examination service by the
person taking the examination.

      (3) The fees fixed by the board by rules and regulations under article
29 of chapter 65 of the Kansas Statutes Annotated and acts amendatory
of the provisions thereof or supplemental thereto and in effect immediately
prior to the effective date of this act shall continue in effect until different
fees are fixed by the board by rules and regulations as provided under
this section.

      (b) (c) The state board of healing arts shall remit all moneys received
by or for it from fees, charges or penalties to the state treasurer in ac-
cordance 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 such amount
shall be credited to the state general fund and the balance shall be cred-
ited to the healing arts fee fund. All expenditures from such fund shall
be made in accordance with appropriation acts upon warrants of the di-
rector of accounts and reports issued pursuant to vouchers approved by
the president of the board or by a person or persons designated by the
president of the board.

      Sec.  9. K.S.A. 65-2912 is hereby amended to read as follows: 65-
2912. (a) The board may refuse to grant a certificate of registration license
to any physical therapist or a certificate to any physical therapist assistant,
or may suspend or revoke the registration license of any registered li-
censed physical therapist or certificate of any certified physical therapist
assistant, or may limit the license of any licensed physical therapist or
certificate of any certified physical therapist assistant or may censure a
licensed physical therapist or certified physical therapist assistant for any
of the following grounds:

      (1) Addiction to or distribution of intoxicating liquors or drugs for
other than lawful purposes;

      (2) conviction of a felony if the board determines, after investigation,
that the physical therapist or physical therapist assistant has not been
sufficiently rehabilitated to warrant the public trust;

      (3) obtaining or attempting to obtain registration licensure or certi-
fication by fraud or deception;

      (4) finding by a court of competent jurisdiction that the physical ther-
apist or physical therapist assistant is a disabled person and has not there-
after been restored to legal capacity;

      (5) unprofessional conduct as defined by rules and regulations
adopted by the board;

      (6) the treatment or attempt to treat ailments or other health con-
ditions of human beings other than by physical therapy and as authorized
by this act;

      (7) failure to refer patients to other health care providers if symptoms
are present for which physical therapy treatment is inadvisable or if symp-
toms indicate conditions for which treatment is outside the scope of
knowledge of the registered licensed physical therapist;

      (8) initiating treatment without prior consultation and approval by a
physician licensed to practice medicine and surgery, by a licensed podi-
atrist or, by a licensed chiropractor, by a licensed dentist or by a thera-
peutic licensed optometrist pursuant to subsection (e) of K.S.A. 65-1501,
and amendments thereto; and

      (9) knowingly submitting any misleading, deceptive, untrue or fraud-
ulent misrepresentation on a claim form, bill or statement.

      (b) All proceedings pursuant to this section article 29 of chapter 65
of the Kansas Statutes Annotated, and acts amendatory of the provisions
thereof or supplemental thereto, 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.

      Sec.  10. K.S.A. 65-2913 is hereby amended to read as follows: 65-
2913. (a) Any person who, in any manner, represents oneself as a physical
therapist, or who uses in connection with such person's name the words
or letters physical therapist, physiotherapist, registered physical therapist,
It shall be unlawful for any person who is not licensed under this act as
a physical therapist or whose license has been suspended or revoked in
any manner to represent oneself as a physical therapist or to use in con-
nection with such person's name the words physical therapist, physioth-
erapist or licensed physical therapist or use the abbreviations P.T., Ph.
T., M.P.T., D.P.T. or R.P.T. L.P.T., or any other letters, words, abbrevi-
ations or insignia, indicating or implying that such person is a physical
therapist, without a valid existing certificate of registration as a physical
therapist issued to such person under the provisions of this act, shall be
guilty of a class B nonperson misdemeanor. A violation of this subsection
shall constitute a class B nonperson misdemeanor.

      (b) Any person who, in any manner, represents oneself as a physical
therapist assistant, or who uses in connection with such person's name
the words or letters physical therapist assistant, certified physical therapist
assistant, P.T.A., C.P.T.A. or P.T. Asst., or any other letters, words, ab-
breviations or insignia, indicating or implying that such person is a phys-
ical therapist assistant, without a valid existing certificate as a physical
therapist assistant issued to such person pursuant to the provisions of this
act, shall be guilty of a class B nonperson misdemeanor.

      (c) Nothing in this act shall prohibit any person not holding oneself
out as a physical therapist or physical therapist assistant from carrying out
as an independent practitioner, without prescription or supervision, the
therapy or practice for which the person is qualified, and shall not prohibit
the person from using corrective therapy. Nothing in this act shall prohibit
any person who assists the physical therapist or physical therapist assistant
from being designated as a physical therapy aide. Nothing in this act is
intended to limit, preclude or otherwise interfere with the practices of
other health care providers formally trained and practicing their profes-
sion. The provisions of article 29 of chapter 65 of the Kansas Statutes
Annotated and acts amendatory thereof or supplemental thereto shall not
apply to the following individuals so long as they do not hold themselves
out in a manner prohibited under subsection (a) or (b) of this section:

      (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 a physical therapist who is licensed under
this act;

      (4) health care providers in the United States armed forces, public
health services, federal facilities and coast guard or other military service
when acting in the line of duty in this state;

      (5) licensees under the healing arts act, and practicing their profes-
sions, when licensed and practicing in accordance with the provisions of
law or persons performing services pursuant to the delegation of a licensee
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 their training or have received specific
training in one or more functions included in this act pursuant to estab-
lished educational protocols or both;

      (9) students while in actual attendance in an accredited health care
educational program and under the supervision of a qualified instructor;

      (10) self-care by a patient or gratuitous care by a friend or family
member;

      (11) 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;

      (12) podiatrists practicing their profession when licensed and prac-
ticing in accordance with the provisions of article 20 of chapter 65 of the
Kansas Statutes Annotated and amendments thereto;

      (13) occupational therapists practicing their profession when licensed
and practicing in accordance with the occupational therapy practice act
and occupational therapy assistants practicing their profession when li-
censed and practicing in accordance with the occupational therapy prac-
tice act;

      (14) respiratory therapists practicing their profession when licensed
and practicing in accordance with the respiratory therapy practice act;

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

      (16) persons practicing corrective therapy in accordance with their
training in corrective therapy;

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

      (18) persons who massage for the purpose of relaxation, muscle con-
ditioning or figure improvement, so long as no drugs are used and such
persons do not hold themselves out to be physicians or healers;

      (19) barbers practicing their profession when licensed and practicing
in accordance with the provisions of article 18 of chapter 65 of the Kansas
Statutes Annotated and amendments thereto;

      (20) cosmetologists practicing their profession when licensed and
practicing in accordance with the provisions of article 19 of chapter 65
of the Kansas Statutes Annotated and amendments thereto;

      (21) attendants practicing their profession when certified and prac-
ticing in accordance with the provisions of article 61 of chapter 65 of the
Kansas Statutes Annotated and amendments thereto;

      (22) naturopathic doctors practicing their profession when registered
and practicing in accordance with the naturopathic doctor registration
act.

      (d) Any patient monitoring, assessment or other procedures designed
to evaluate the effectiveness of prescribed physical therapy must be per-
formed by or pursuant to the delegation of a licensed physical therapist
or other health care provider.

      (e) Nothing in this act shall be construed 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
physical therapists to engage in any activity not conferred by this act.

      Sec.  11. K.S.A. 65-2914 is hereby amended to read as follows: 65-
2914. (a) No person shall employ fraud or deception in applying for or
securing a certificate of registration license as a physical therapist.

      (b) A person registered licensed under this act as a physical therapist
shall not treat ailments or other health conditions of human beings other
than by physical therapy unless duly licensed or registered to provide such
treatment under the laws of this state.

      (c) A person certified under this act as a physical therapist assistant
shall not treat ailments or other health conditions of human beings except
under the direction of a physical therapist duly registered licensed under
this act. The word ``direction'' as used in this subsection (c) shall mean
that the physical therapist shall see all patients initially and evaluate them
periodically except in those cases in a hospital setting when the physical
therapist is not immediately available, the physical therapist assistant may
initiate patient care after telephone contact with the physical therapist for
documented instruction. The physical therapist must then evaluate the
patient and establish a plan of treatment as soon as possible with a min-
imum weekly review.

      (d) Any person violating the provisions of this section shall be guilty
of a class B misdemeanor.

      Sec.  12. K.S.A. 65-2916 is hereby amended to read as follows: 65-
2916. (a) Any violation of the provisions of this act shall constitute a class
B misdemeanor.

      (b) When it appears to the board that any person is violating any of
the provisions of article 29 of chapter 65 of the Kansas Statutes Annotated
and acts amendatory of the provisions thereof or supplemental thereto,
the board may bring an action in the name of the state in a court of
competent jurisdiction for an injunction against such violation without
regard to whether proceedings have been or may be instituted before the
board or whether criminal proceedings have been or may be instituted.

      (c) The board, in addition to any other penalty prescribed under the
provisions of article 29 of chapter 65 of the Kansas Statutes Annotated
and acts amendatory of the provisions thereof or supplemental thereto,
may assess a civil fine, after proper notice and an opportunity to be heard,
against a licensee for a violation of the provisions of article 29 of chapter
65 of the Kansas Statutes Annotated and acts amendatory of the provi-
sions thereof or supplemental thereto in an amount not to exceed $5,000
for the first violation, $10,000 for the second violation and $15,000 for
the third violation and for each subsequent violation. All fines assessed
and collected under 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.

      Sec.  13. K.S.A. 65-2918 is hereby amended to read as follows: 65-
2918. Physical therapists and physical therapist assistants practicing their
profession, when registered licensed or certified and practicing under and
in accordance with the provisions of article 29 of chapter 65 of the Kansas
Statutes Annotated, and acts amendatory of the provisions thereof or sup-
plemental thereto, shall not be construed to be practicing the healing arts
or be subject to the healing arts act.

      Sec.  14. K.S.A. 65-2919 is hereby amended to read as follows: 65-
2919. Any person holding a valid certificate registration as a physical
therapy assistant physical 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 certified licensed physical therapist assistant for the
purposes of this act and article 29 of chapter 65 of the Kansas Statutes
Annotated and acts amendatory of the provisions thereof and or supple-
mental thereto and shall be subject to the provisions of this act and the
provisions of such article and chapter of the Kansas Statutes Annotated
and acts amendatory of the provisions thereof or supplemental thereto.

      Sec.  15. K.S.A. 7-121b is hereby amended to read as follows: 7-121b.
(a) Subject to subsection (b) of K.S.A. 40-3411 and amendments thereto,
whenever a civil action is commenced by filing a petition or whenever a
pleading states a claim in a district court for damages for personal injuries
or death arising out of the rendering of or the failure to render profes-
sional services by any health care provider, compensation for reasonable
attorney fees to be paid by each litigant in the action shall be approved
by the judge after an evidentiary hearing and prior to final disposition of
the case by the district court. Compensation for reasonable attorney fees
for services performed in an appeal of a judgment in any such action to
the court of appeals shall be approved after an evidentiary hearing by the
chief judge or by the presiding judge of the panel hearing the case. Com-
pensation for reasonable attorney fees for services performed in an appeal
of a judgment in any such action to the supreme court shall be approved
after an evidentiary hearing by the departmental justice for the depart-
ment in which the appeal originated. In determining the reasonableness
of such compensation, the judge or justice shall consider the following:

      (1) The time and labor required, the novelty and difficulty of the
questions involved and the skill requisite to perform the legal service
properly.

      (2) The likelihood, if apparent to the client, that the acceptance of
the particular employment will preclude other employment by the attor-
ney.

      (3) The fee customarily charged in the locality for similar legal serv-
ices.

      (4) The amount involved and the results obtained.

      (5) The time limitations imposed by the client or by the circum-
stances.

      (6) The nature and length of the professional relationship with the
client.

      (7) The experience, reputation and ability of the attorney or attorneys
performing the services.

      (8) Whether the fee is fixed or contingent.

      (b) As used in this section:

      (1) ``Health care provider'' means a person licensed to practice any
branch of the healing arts, a person who holds a temporary permit to
practice any branch of the healing arts, a person engaged in a postgrad-
uate training program approved by the state board of healing arts, a li-
censed medical care facility, a health maintenance organization, a licensed
dentist, a licensed professional nurse, a licensed practical nurse, a licensed
optometrist, a licensed podiatrist, a licensed pharmacist, a professional
corporation organized pursuant to the professional corporation law of
Kansas by persons who are authorized by such law to form such a cor-
poration and who are health care providers as defined by this subsection,
a registered licensed physical therapist or an officer, employee or agent
thereof acting in the course and scope of such person's employment or
agency; and

      (2) ``professional services'' means those services which require licen-
sure, registration or certification by agencies of the state for the perform-
ance thereof.

      Sec.  16. K.S.A. 2002 Supp. 17-2707 is hereby amended to read as
follows: 17-2707. As used in this act, unless the context clearly indicates
that a different meaning is intended:

      (a) ``Professional corporation'' means a corporation organized under
this act.

      (b) ``Professional service'' means the type of personal service ren-
dered by a person duly licensed by this state as a member of any of the
following professions, each paragraph constituting one type:

      (1) A certified public accountant;

      (2) an architect;

      (3) an attorney-at-law;

      (4) a chiropractor;

      (5) a dentist;

      (6) an engineer;

      (7) an optometrist;

      (8) an osteopathic physician or surgeon;

      (9) a physician, surgeon or doctor of medicine;

      (10) a veterinarian;

      (11) a podiatrist;

      (12) a pharmacist;

      (13) a land surveyor;

      (14) a licensed psychologist;

      (15) a specialist in clinical social work;

      (16) a registered licensed physical therapist;

      (17) a landscape architect;

      (18) a registered professional nurse;

      (19) a real estate broker or salesperson;

      (20) a clinical professional counselor;

      (21) a geologist;

      (22) a clinical psychotherapist; and

      (23) a clinical marriage and family therapist.

      (c) ``Regulating board'' means the court, board or state agency which
is charged with the licensing and regulation of the practice of the pro-
fession which the professional corporation is organized to render.

      (d) ``Qualified person'' means:

      (1) Any natural person licensed to practice the same type of profes-
sion which any professional corporation is authorized to practice;

      (2) the trustee of a trust which is a qualified trust under subsection
(a) of section 401 of the federal internal revenue code, as in effect on
January 1, 2001, or of a contribution plan which is a qualified employee
stock ownership plan under subsection (a) of section 409A of the federal
internal revenue code, as in effect on January 1, 2001; or

      (3) the trustee of a revocable living trust established by a natural
person who is licensed to practice the type of profession which any pro-
fessional corporation is authorized to practice, if the terms of such trust
provide that such natural person is the principal beneficiary and sole
trustee of such trust and such trust does not continue to hold title to
professional corporation stock following such natural person's death for
more than a reasonable period of time necessary to dispose of such stock.

      Sec.  17. K.S.A. 2002 Supp. 21-3721 is hereby amended to read as
follows: 21-3721. (a) Criminal trespass is:

      (1) Entering or remaining upon or in any land, nonnavigable body of
water, structure, vehicle, aircraft or watercraft other than railroad prop-
erty as defined in K.S.A. 2002 Supp. 21-3761 and amendments thereto
by a person who knows such person is not authorized or privileged to do
so, and:

      (A) Such person enters or remains therein in defiance of an order
not to enter or to leave such premises or property personally communi-
cated to such person by the owner thereof or other authorized person;
or

      (B) such premises or property are posted in a manner reasonably
likely to come to the attention of intruders, or are locked or fenced or
otherwise enclosed, or shut or secured against passage or entry; or

      (C) such person enters or remains therein in defiance of a restraining
order issued pursuant to K.S.A. 2002 Supp. 60-31a05, K.S.A. 2002 Supp.
60-31a06, K.S.A. 60-1607, 60-3105, 60-3106 or 60-3107 or K.S.A. 38-
1542, 38-1543 or 38-1563, and amendments thereto, and the restraining
order has been personally served upon the person so restrained; or

      (2) entering or remaining upon or in any public or private land or
structure in a manner that interferes with access to or from any health
care facility by a person who knows such person is not authorized or
privileged to do so and such person enters or remains thereon or therein
in defiance of an order not to enter or to leave such land or structure
personally communicated to such person by the owner of the health care
facility or other authorized person.

      (b) As used in this section:

      (1) ``Health care facility'' means any licensed medical care facility,
certificated health maintenance organization, licensed mental health cen-
ter, or mental health clinic, licensed psychiatric hospital or other facility
or office where services of a health care provider are provided directly to
patients.

      (2) ``Health care provider'' means any person: (A) Licensed to prac-
tice a branch of the healing arts; (B) licensed to practice psychology; (C)
licensed to practice professional or practical nursing; (D) licensed to prac-
tice dentistry; (E) licensed to practice optometry; (F) licensed to practice
pharmacy; (G) registered licensed to practice podiatry; (H) licensed as a
social worker; or (I) registered licensed to practice physical therapy.

      (c)  (1) Criminal trespass is a class B nonperson misdemeanor.

      (2) Upon a conviction of a violation of subsection (a)(1)(C), a person
shall be sentenced to not less than 48 consecutive hours of imprisonment
which must be served either before or as a condition of any grant of
probation or suspension, reduction of sentence or parole.

      Sec.  18. K.S.A. 40-2,111 is hereby amended to read as follows: 40-
2,111. As used in K.S.A. 40-2,111 through 40-2,113, and amendments
thereto: (a) ``Adverse underwriting decision'' means: Any of the following
actions with respect to insurance transactions involving insurance cover-
age which is individually underwritten:

      (1) A declination of insurance coverage;

      (2) a termination of insurance coverage;

      (3) an offer to insure at higher than standard rates, with respect to
life, health or disability insurance coverage; or

      (4) the charging of a higher rate on the basis of information which
differs from that which the applicant or policyholder furnished, with re-
spect to property or casualty insurance coverage.

      (b) ``Declination of insurance coverage'' means a denial, in whole or
in part, by an insurance company or agent of requested insurance cov-
erage.

      (c) ``Health care institution'' means any medical care facility, adult
care home, drug abuse and alcoholic treatment facility, home-health
agency certified for federal reimbursement, mental health center or men-
tal health clinic licensed by the secretary of social and rehabilitation serv-
ices, kidney disease treatment center, county, city-county or multicounty
health departments and health-maintenance organization.

      (d) ``Health care provider'' means any person licensed to practice any
branch of the healing arts, licensed dentist, licensed professional nurse,
licensed practical nurse, advanced registered nurse practitioner, licensed
optometrist, registered licensed physical therapist, licensed social worker,
licensed physician assistant, licensed podiatrist or licensed psychologist.

      (e) ``Institutional source'' means any natural person, corporation, as-
sociation, partnership or governmental or other legal entity that provides
information about an individual to an agent or insurance company, other
than:

      (1) An agent;

      (2) the individual who is the subject of the information; or

      (3) a natural person acting in a personal capacity rather than a busi-
ness or professional capacity.

      (f) ``Insurance transaction'' means any transaction involving insur-
ance, but not including group insurance coverage, primarily for personal,
family or household needs rather than business or professional needs.

      (g) ``Medical-record information'' means personal information which:

      (1) Relates to an individual's physical or mental condition, medical
history or medical treatment; and

      (2) is obtained from a health care provider or health care institution,
from the individual, or from the individual's spouse, parent or legal guard-
ian.

      (h) ``Termination of insurance coverage'' or ``termination of an insur-
ance policy'' means either a cancellation, nonrenewal or lapse of an in-
surance policy, in whole or in part, for any reason other than:

      (1) The failure to pay a premium as required by the policy; or

      (2) at the request or direction of the insured.

      Sec.  19. K.S.A. 2002 Supp. 40-3401 is hereby amended to read as
follows: 40-3401. As used in this act the following terms shall have the
meanings respectively ascribed to them herein.

      (a) ``Applicant'' means any health care provider.

      (b) ``Basic coverage'' means a policy of professional liability insurance
required to be maintained by each health care provider pursuant to the
provisions of subsection (a) or (b) of K.S.A. 40-3402 and amendments
thereto.

      (c) ``Commissioner'' means the commissioner of insurance.

      (d) ``Fiscal year'' means the year commencing on the effective date
of this act and each year, commencing on the first day of that month,
thereafter.

      (e) ``Fund'' means the health care stabilization fund established pur-
suant to subsection (a) of K.S.A. 40-3403 and amendments thereto.

      (f) ``Health care provider'' means a person licensed to practice any
branch of the healing arts by the state board of healing arts with the
exception of physician assistants, a person who holds a temporary permit
to practice any branch of the healing arts issued by the state board of
healing arts, a person engaged in a postgraduate training program ap-
proved by the state board of healing arts, a medical care facility licensed
by the department of health and environment, a health maintenance or-
ganization issued a certificate of authority by the commissioner of insur-
ance, a podiatrist licensed by the state board of healing arts, an optom-
etrist licensed by the board of examiners in optometry, a pharmacist
licensed by the state board of pharmacy, a licensed professional nurse
who is authorized to practice as a registered nurse anesthetist, a licensed
professional nurse who has been granted a temporary authorization to
practice nurse anesthesia under K.S.A. 65-1153 and amendments thereto,
a professional corporation organized pursuant to the professional corpo-
ration law of Kansas by persons who are authorized by such law to form
such a corporation and who are health care providers as defined by this
subsection, a Kansas limited liability company organized for the purpose
of rendering professional services by its members who are health care
providers as defined by this subsection and who are legally authorized to
render the professional services for which the limited liability company
is organized, a partnership of persons who are health care providers under
this subsection, a Kansas not-for-profit corporation organized for the pur-
pose of rendering professional services by persons who are health care
providers as defined by this subsection, a nonprofit corporation organized
to administer the graduate medical education programs of community
hospitals or medical care facilities affiliated with the university of Kansas
school of medicine, a dentist certified by the state board of healing arts
to administer anesthetics under K.S.A. 65-2899 and amendments thereto,
a physical therapist registered by the state board of healing arts, a psy-
chiatric hospital licensed under K.S.A. 75-3307b and amendments
thereto, or a mental health center or mental health clinic licensed by the
secretary of social and rehabilitation services, except that health care pro-
vider does not include (1) any state institution for the mentally retarded,
(2) any state psychiatric hospital, (3) any person holding an exempt license
issued by the state board of healing arts or (4) any person holding a visiting
clinical professor license from the state board of healing arts.

      (g) ``Inactive health care provider'' means a person or other entity
who purchased basic coverage or qualified as a self-insurer on or subse-
quent to the effective date of this act but who, at the time a claim is made
for personal injury or death arising out of the rendering of or the failure
to render professional services by such health care provider, does not
have basic coverage or self-insurance in effect solely because such person
is no longer engaged in rendering professional service as a health care
provider.

      (h) ``Insurer'' means any corporation, association, reciprocal
exchange, inter-insurer and any other legal entity authorized to write bod-
ily injury or property damage liability insurance in this state, including
workers compensation and automobile liability insurance, pursuant to the
provisions of the acts contained in article 9, 11, 12 or 16 of chapter 40 of
Kansas Statutes Annotated.

      (i) ``Plan'' means the operating and administrative rules and proce-
dures developed by insurers and rating organizations or the commissioner
to make professional liability insurance available to health care providers.

      (j) ``Professional liability insurance'' means insurance providing cov-
erage for legal liability arising out of the performance of professional
services rendered or which should have been rendered by a health care
provider.

      (k) ``Rating organization'' means a corporation, an unincorporated as-
sociation, a partnership or an individual licensed pursuant to K.S.A. 40-
956, and amendments thereto, to make rates for professional liability in-
surance.

      (l) ``Self-insurer'' means a health care provider who qualifies as a self-
insurer pursuant to K.S.A. 40-3414 and amendments thereto.

      (m) ``Medical care facility'' means the same when used in the health
care provider insurance availability act as the meaning ascribed to that
term in K.S.A. 65-425 and amendments thereto, except that as used in
the health care provider insurance availability act such term, as it relates
to insurance coverage under the health care provider insurance availa-
bility act, also includes any director, trustee, officer or administrator of a
medical care facility.

      (n) ``Mental health center'' means a mental health center licensed by
the secretary of social and rehabilitation services under K.S.A. 75-3307b
and amendments thereto, except that as used in the health care provider
insurance availability act such term, as it relates to insurance coverage
under the health care provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health center.

      (o) ``Mental health clinic'' means a mental health clinic licensed by
the secretary of social and rehabilitation services under K.S.A. 75-3307b
and amendments thereto, except that as used in the health care provider
insurance availability act such term, as it relates to insurance coverage
under the health care provider insurance availability act, also includes any
director, trustee, officer or administrator of a mental health clinic.

      (p) ``State institution for the mentally retarded'' means Winfield state
hospital and training center, Parsons state hospital and training center
and the Kansas neurological institute.

      (q) ``State psychiatric hospital'' means Larned state hospital, Osawa-
tomie state hospital and Rainbow mental health facility.

      (r) ``Person engaged in residency training'' means:

      (1) A person engaged in a postgraduate training program approved
by the state board of healing arts who is employed by and is studying at
the university of Kansas medical center only when such person is engaged
in medical activities which do not include extracurricular, extra-institu-
tional medical service for which such person receives extra compensation
and which have not been approved by the dean of the school of medicine
and the executive vice-chancellor of the university of Kansas medical cen-
ter. Persons engaged in residency training shall be considered resident
health care providers for purposes of K.S.A. 40-3401 et seq., and amend-
ments thereto; and

      (2) a person engaged in a postgraduate training program approved by
the state board of healing arts who is employed by a nonprofit corporation
organized to administer the graduate medical education programs of com-
munity hospitals or medical care facilities affiliated with the university of
Kansas school of medicine or who is employed by an affiliate of the uni-
versity of Kansas school of medicine as defined in K.S.A. 76-367 and
amendments thereto only when such person is engaged in medical activ-
ities which do not include extracurricular, extra-institutional medical serv-
ice for which such person receives extra compensation and which have
not been approved by the chief operating officer of the nonprofit cor-
poration or the chief operating officer of the affiliate and the executive
vice-chancellor of the university of Kansas medical center.

      (s) ``Full-time physician faculty employed by the university of Kansas
medical center'' means a person licensed to practice medicine and surgery
who holds a full-time appointment at the university of Kansas medical
center when such person is providing health care.

      (t) ``Sexual act'' or ``sexual activity'' means that sexual conduct which
constitutes a criminal or tortious act under the laws of the state of Kansas.

      Sec.  20. K.S.A. 60-513d is hereby amended to read as follows: 60-
513d. As used in K.S.A. 60-513 and 60-513b, and amendments to such
statutes, the term ``health care provider'' means a person licensed to prac-
tice any branch of the healing arts, a person who holds a temporary permit
to practice any branch of the healing arts, a person engaged in a post-
graduate training program approved by the state board of healing arts, a
licensed medical care facility, a health maintenance organization, a li-
censed dentist, a licensed professional nurse, a licensed practical nurse,
a licensed optometrist, a licensed podiatrist, a professional corporation
organized pursuant to the professional corporation law of Kansas by per-
sons who are authorized by such law to form such a corporation and who
are health care providers as defined by this section, a licensed pharmacist
or a registered licensed physical therapist.

      Sec.  21. K.S.A. 60-2609 is hereby amended to read as follows: 60-
2609. (a) Whenever judgment is entered on a claim in any action for
recovery of damages for personal injury or death arising out of the ren-
dering of or the failure to render professional services by any health care
provider, the court may include in such judgment a requirement that the
damages awarded be paid in whole or in part by installment or periodic
payments, and any installment or periodic payment upon becoming due
and payable under the terms of any such judgment shall constitute a
separate judgment upon which execution may issue. Any judgment or-
dering any such payments shall specify the amount of each payment, the
interval between payments and the number of payments to be paid under
the judgment. For good cause shown, the court may modify such judg-
ment with respect to the amount of such payments and the number of
payments to be made or the interval between payments, but the total
amount of damages awarded by such judgment shall not be subject to
modification in any event.

      (b) As used in this section, ``health care provider'' means a person
licensed to practice any branch of the healing arts, a person who holds a
temporary permit to practice any branch of the healing arts or a person
engaged in a postgraduate training program approved by the state board
of healing arts, a licensed medical care facility, a health maintenance
organization, a licensed dentist, a licensed professional nurse, a licensed
practical nurse, a licensed optometrist, a licensed podiatrist, a licensed
pharmacist, a professional corporation organized pursuant to the profes-
sional corporation law of Kansas by persons who are authorized by such
law to form such a corporation and who are health care providers as
defined by this subsection, a registered licensed physical therapist or an
officer, employee or agent thereof acting in the course and scope of em-
ployment or agency.

      Sec.  22. K.S.A. 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 licensed
physical therapist and 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 licensed physical therapist and licensed occupational therapist
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.  23. K.S.A. 65-1902 is hereby amended to read as follows: 65-
1902. (a) Except as provided in subsection (b), no person shall:

      (1) Engage in practice of cosmetology, esthetics, nail technology or
electrology unless the person holds a valid license, issued by the board,
to engage in that practice;

      (2) conduct a school for teaching cosmetology unless the person holds
a valid license, issued by the board, to conduct the school;

      (3) teach cosmetology in a licensed school unless the person holds a
valid cosmetology instructor's license issued by the board;

      (4) conduct a school for teaching nail technology unless the person
holds a valid license, issued by the board, to conduct the school;

      (5) teach nail technology in a licensed school unless the person holds
a valid cosmetology or manicuring instructor's license issued by the board;

      (6) conduct a school for teaching electrology unless the person holds
a valid license, issued by the board, to conduct the school;

      (7) teach electrology in a licensed school or clinic unless the person
holds a valid electrology instructor's license issued by the board;

      (8) conduct a school for teaching esthetics unless the person holds a
valid license, issued by the board, to conduct the school;

      (9) teach esthetics in a licensed school unless the person holds a valid
cosmetology or esthetics instructor's license issued by the board;

      (10) own or operate a school, salon or clinic where cosmetology, es-
thetics, nail technology or electrology is taught or practiced unless the
person holds a valid school, salon or clinic license issued by the board; or

      (11) teach or practice cosmetology, esthetics, nail technology or elec-
trology in a school, salon or clinic unless the owner or operator of the
school, salon or clinic holds a valid school, salon or clinic license issued
by the board.

      (b) The provisions of this act shall not apply to:

      (1) Any person licensed as a barber or apprentice barber;

      (2) any person licensed to practice medicine and surgery, chiroprac-
tic, optometry, nursing or dentistry, while engaged in that practice;

      (3) any person who is a registered licensed physical therapist or cer-
tified physical therapist assistant while engaged in that practice; or

      (4) any teacher while engaged in instructing elementary or secondary
school students in the proper care of their own persons.

      (c) A person holding a license as a cosmetology technician on the day
immediately preceding the effective date of this act shall continue to be
a licensed cosmetology technician and perform the functions of a cos-
metology technician, as such term was defined immediately prior to the
effective date of this act, and may renew such license subject to the pay-
ment of fees and other conditions and limitations on the renewal of li-
censes under article 19 of chapter 65 of the Kansas Statutes Annotated
and acts amendatory of the provisions thereof.

      (d) If the board determines that an individual has violated subsection
(a), in addition to any other penalties imposed by law, the board, in ac-
cordance with the Kansas administrative procedure act, may issue a cease
and desist order against such individual or may assess such individual a
fine of not to exceed $1,500, or may issue such order and assess such fine.
In determining the amount of fine to be assessed, the board may consider
the following factors: (1) Willfulness of the violation, (2) repetitions of
the violation and (3) risk of harm to the public caused by the violation.

      (e) A violation of subsection (a) of this section is a class C misde-
meanor.

      Sec.  24. K.S.A. 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 obtaining 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 licensed physical ther-
apist, and any physician's physician assistant who has successfully com-
pleted an American medical association approved training program and
has successfully completed the national board examination for physicians'
assistants of the American board of medical examiners, any registered
athletic trainer, any licensed occupational therapist, any licensed respi-
ratory therapist, any person who holds a valid attendant's certificate under
K.S.A. 65-6129, and amendments thereto, any person who holds a valid
certificate for the successful completion of a course in first aid offered or
approved 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 amend-
ments thereto, and any person engaged in a postgraduate training pro-
gram approved by the state board of healing arts.

      Sec.  25. K.S.A. 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 licensed by the state board of healing arts, a physical
therapist assistant certified by the state board of healing arts, an occu-
pational therapist licensed by the state board of healing arts, an occupa-
tional therapy assistant licensed by the state board of healing arts, a res-
piratory 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. 65-2840c 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.  26. K.S.A. 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 licensed by the state board of healing arts, a physical
therapist assistant certified by the state board of healing arts, an occu-
pational therapist licensed by the state board of healing arts, an occupa-
tional therapy assistant 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.

      Sec.  27. K.S.A. 65-5418 is hereby amended to read as follows: 65-
5418. (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, credentialed 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
licensed 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.

      Sec.  28. K.S.A. 65-5912 is hereby amended to read as follows: 65-
5912. (a) Nothing in this act shall be construed to require any insurer or
other entity regulated under chapter 40 of the Kansas Statutes Annotated
or any other law of this state to provide coverage for or indemnify for the
services provided by a person licensed under this act.

      (b) So long as the following persons do not hold themselves out to
the public to be dietitians or licensed dietitians or use these titles in
combination with other titles or use the abbreviation L.D., or any com-
bination thereof, nothing in this act shall be construed to apply:

      (1) To any person licensed to practice the healing arts, a licensed
dentist, a licensed dental hygienist, a licensed professional nurse, a li-
censed practical nurse, a licensed psychologist, a licensed masters level
psychologist, a licensed pharmacist or an employee thereof, a physician's
assistant, a licensed professional counselor;

      (2) to any unlicensed employee of a licensed adult care home or a
licensed medical care facility as long as such person is working under the
general direction of a licensee in the healing arts, nursing or a dietetic
services supervisor as defined in regulations adopted by the secretary of
health and environment or a consultant licensed under this act;

      (3) to any dietetic technician or dietetic assistant;

      (4) to any student enrolled in an approved academic program in di-
etetics, home economics, nutrition, education or other like curriculum,
while engaged in such academic program;

      (5) to prevent any person, including persons employed in health food
stores, from furnishing nutrition information as to the use of food, food
materials or dietary supplements, nor to prevent in any way the free dis-
semination of information or of literature as long as no individual engaged
in such practices holds oneself out as being licensed under this act;

      (6) to prohibit any individual from marketing or distributing food
products, including dietary supplements, or to prevent any such person
from providing information to customers regarding the use of such prod-
ucts;

      (7) to prevent any employee of the state or a political subdivision who
is employed in nutrition-related programs from engaging in activities in-
cluded within the definition of dietetics practice as a part of such person's
employment;

      (8) to any person who performs the activities and services of a li-
censed dietitian or nutrition educator as an employee of the state or a
political subdivision, an elementary or secondary school, an educational
institution, a licensed institution, or a not-for-profit organization;

      (9) to any person serving in the armed forces, the public health serv-
ice, the veterans administration or as an employee of the federal govern-
ment;

      (10) to any person who has a degree in home economics insofar as
the activities of such person are within the scope of such person's edu-
cation and training;

      (11) to any person who counsels or provides weight-control services
as a part of a franchised or recognized weight-control program or a
weight-control program that operates under the general direction of a
person licensed to practice the healing arts, nursing or a person licensed
under this act;

      (12) to any person who is acting as a representative of a trade asso-
ciation and who engages in one or more activities included within the
practice of dietetics as a representative of such association;

      (13) to a registered licensed physical therapist who makes a dietetic
or nutritional assessment or gives dietetic or nutritional advice in the
normal practice of such person's profession or as otherwise authorized by
law;

      (14) to a dietitian licensed, registered or otherwise authorized to
practice dietetics in another state who is providing consultation in this
state;

      (15) to any person conducting a teaching clinical demonstration
which is carried out in an educational institution or an affiliated clinical
facility or health care agency;

      (16) to any person conducting classes or disseminating information
relating to nonmedical nutrition; or

      (17) to any person permitted to practice under K.S.A. 65-2872a and
amendments thereto.

      (c) Nothing in this act shall be construed to interfere with the relig-
ious practices or observances of a bona fide religious organization, nor to
prevent any person from caring for the sick in accordance with tenets and
practices of any church or religious denomination which teaches reliance
upon spiritual means through prayer for healing.

      New Sec.  29. A policy of professional liability insurance approved by
the commissioner of insurance and issued by an insurer duly authorized
to transact business in this state shall be maintained in effect by each
licensed physical therapist actively practicing in this state as a condition
to rendering professional services as a physical therapist in this state. The
state board of healing arts shall fix by rules and regulations the minimum
level of coverage for such professional liability insurance.

 Sec.  30. K.S.A. 7-121b, 40-2,111, 60-513d, 60-2609, 65-1501, 65-
1902, 65-2891, 65-2901, 65-2902, 65-2903, 65-2904, 65-2905, 65-2906,
65-2907, 65-2908, 65-2909, 65-2910, 65-2911, 65-2912, 65-2913, 65-
2914, 65-2915, 65-2916, 65-2918, 65-2919, 65-4915, 65-4921, 65-5418
and 65-5912 and K.S.A. 2002 Supp. 17-2707, 21-3721 and 40-3401 are
hereby repealed.

 Sec.  31. This act shall take effect and be in force from and after April
1, 2004, and its publication in the statute book.

Approved April 21, 2003.
__________