65-1124. Acts which are not prohibited.

65-1124

Chapter 65.--PUBLIC HEALTH
Article 11.--REGULATION OF NURSING

      65-1124.   Acts which are not prohibited.No provisions of this law shall be construed as prohibiting:

      (a)   Gratuitous nursing by friends or members of the family;

      (b)   the incidental care of the sick by domestic servants or personsprimarily employed as housekeepers;

      (c)   caring for the sick in accordance with tenets and practices of anychurch or religious denomination which teaches reliance upon spiritual meansthrough prayer for healing;

      (d)   nursing assistance in the case of an emergency;

      (e)   the practice of nursing by studentsas part of a clinical course offered through a school ofprofessional or practical nursingor program of advanced registered professional nursingapproved in the United States or itsterritories;

      (f)   the practice of nursing in this state by legally qualified nurses of anyof the other states as long as the engagement of any such nurse requires thenurse to accompany and care for a patient temporarily residing in this stateduring the period of one such engagement not to exceed six months in length,and as long as such nurses do not represent or hold themselves out as nurseslicensed to practice in this state;

      (g)   the practice by any nurse who is employed by the United Statesgovernment or any bureau, division or agency thereof, while in the discharge ofofficial duties;

      (h)   auxiliary patient care services performed in medical care facilities,adult care homes or elsewhere by persons under the direction of a personlicensed to practice medicine and surgery or a person licensed to practicedentistry or the supervision of a registered professional nurse or a licensedpractical nurse;

      (i)   the administration of medications to residents of adult care homesor to patients in hospital-based long-term care units, including stateoperated institutions for the mentally retarded, by an unlicensed personwho has been certified as having satisfactorily completed a training programin medication administration approved by the secretary of health andenvironment and has completed the program on continuing education adoptedby the secretary, or by an unlicensed person while engaged in and as apart of such training program in medication administration;

      (j)   the practice of mental health technology by licensed mental healthtechnicians as authorized under the mental health technicians' licensure act;

      (k)   performance in the school setting of nursing procedures when delegatedby a licensed professional nurse inaccordance with the rules and regulations of the board;

      (l)   performance of attendant care services directed by or onbehalf of anindividual in need of in-home care as the terms "attendant care services"and "individual in need of in-home care" are defined under K.S.A.65-6201 and amendments thereto;

      (m)   performance of a nursing procedure by a personwhen that procedure isdelegatedby a licensed nurse, within the reasonable exercise of independent nursingjudgment and is performed with reasonable skill and safetyby that personunder the supervision of a registered professional nurse or a licensedpractical nurse;

      (n)   the practice of nursing by an applicant forKansas nurse licensure in the supervised clinical portionof a refresher course; or

      (o)   the teaching of the nursing process in this state bylegally qualifiednurses of any of the other states while in consultation with a licensed Kansasnurse as long as such individuals do not represent or hold themselves out asnurses licensed to practice in this state.

      History:   L. 1949, ch. 331, § 13;L. 1963, ch. 314, § 9;L. 1975, ch. 316, § 11;L. 1978, ch. 241, § 1;L. 1983, ch. 207, § 4;L. 1983, ch. 208, § 3;L. 1987, ch. 234, § 1;L. 1989, ch. 191, § 3;L. 1990, ch. 222, § 1;L. 1992, ch. 134, § 1;L. 1994, ch. 149, § 3;L. 1995, ch. 97, § 3;L. 1997, ch. 158, § 5;L. 2000, ch. 113, § 1;L. 2007, ch. 102, § 1; Oct. 1.