65-2809. Expiration date of licenses; continuing education requirements; evidence licensee maintaining professional liability insurance; notice of expiration; fees; cancellation of license; reinstatem
65-2809
65-2809. Expiration date of licenses; continuingeducation requirements;evidence licensee maintaining professional liability insurance; notice ofexpiration; fees; cancellation of license; reinstatement, when; exemptlicensees; inactive license; federally active license.(a) The license shall expire on the date established by rules and regulationsof the board which may provide renewal throughout the year on a continuingbasis. In each case in which a license is renewed for a period of time ofmore or less than 12 months, the board mayprorate the amount of the fee established under K.S.A. 65-2852 and amendmentsthereto. The request for renewal shall be on a form provided by the board andshall be accompanied by the prescribed fee, which shall be paid not later thanthe expiration date of the license.
(b) Except as otherwise provided in this section, the board shallrequire every licensee in the active practice of the healing arts withinthe state to submit evidence of satisfactory completion of a program ofcontinuing education required by the board. The requirements for continuingeducation for licensees of each branch of the healing arts shall beestablished by rules and regulations adopted by the board.
(c) The board, prior to renewal of a license, shall require thelicensee, if in the active practice of the healing arts within the state,to submit to the board evidence satisfactory to the board that the licenseeis maintaining a policy of professional liability insurance as required byK.S.A. 40-3402 and amendments thereto and has paid the premiumsurcharges as required by K.S.A. 40-3404 and amendmentsthereto.
(d) At least 30 days before the expiration of a licensee's license, theboard shall notify the licensee of the expiration by mail addressed to thelicensee's last mailing address as noted upon the office records. Ifthe licensee fails to pay the renewal fee by the date ofthe expiration of the license, the licensee shall be given a second notice thatthe licensee's license has expired, that the license will be deemed canceled ifnot renewed within 30 days following the date of expiration, that upon receiptof the renewal fee and an additional fee established byrules and regulations of the board not to exceed $500 within the thirty-dayperiod the license will not be canceled and that, if both fees are notreceived within the thirty-day period, the license shall bedeemed canceled by operation of law and without further proceedings.
(e) Any license canceledfor failure to renew may be reinstatedwithin two years of cancellationupon recommendation of the board and upon payment ofthe renewal fees then due and upon proof of compliance with the continuingeducational requirements established by the board by rules and regulations.Any person who has not been in the active practice of the branch of the healingarts for which reinstatement is sought or who has not been engaged in a formaleducational program during the two years preceding the application forreinstatement may be required to complete such additional testing, training oreducation as the board may deem necessary to establish the licensee's presentability to practice with reasonable skill and safety.
(f) There is hereby created a designation of exempt license. Theboard is authorized to issue an exempt license to any licensee who makeswritten application for such license on a form provided by the board andremits the fee for an exempt license established pursuant to K.S.A. 65-2852and amendments thereto. The board may issue an exempt license to aperson who is not regularly engaged inthe practice of the healing arts in Kansas and whodoes not hold oneself out to the public as being professionally engaged insuch practice. An exempt license shall entitle the holder to allprivileges attendant to the branch of the healing arts for which suchlicense is issued. Each exempt license may be renewed subjectto theprovisions of this section. Each exempt licensee shall be subject to allprovisions of the healing arts act, except as otherwise provided in thissubsection (f). The holder of an exempt license shall not be required tosubmit evidence of satisfactory completion of a program of continuingeducation required by thissection. Each exemptlicensee may apply for a license to regularly engage in the practice of theappropriate branch of the healing arts upon filing a written applicationwith the board. Therequest shall be on a form provided by the board and shall be accompaniedby the license fee established pursuant to K.S.A. 65-2852 and amendmentsthereto. For the licensee whose license has been exempt for less than twoyears, the board shall adopt rules and regulations establishingappropriate continuing education requirements for exempt licensees to becomelicensed to regularly practice the healing arts within Kansas.Any licensee whose license has been exempt for more than two years and whohas not been in the active practice of the healing arts or engaged in a formaleducational program since the license has been exempt may be required tocomplete such additional testing, training or education as the board may deemnecessary to establish the licensee's present ability to practice withreasonableskill and safety.Nothing in thissubsection (f) shall be construed to prohibit a person holding an exemptlicense from serving as a coroner or as a paidemployee of (1) a local healthdepartment as defined by K.S.A. 65-241 and amendments thereto, or (2) anindigent health care clinic as defined by K.S.A. 75-6102 and amendmentsthereto.
(g) There is hereby created a designation of inactive license. The boardis authorized to issue an inactive license to any licensee who makes writtenapplication for such license on a form provided by the board and remits the feefor an inactive license established pursuant to K.S.A. 65-2852 and amendmentsthereto. The board may issue an inactive license only to a person who is notregularly engaged in the practice of the healing arts in Kansas, who does nothold oneself out to the public as being professionally engaged in such practiceand who meets the definition of inactive health care provider as defined inK.S.A. 40-3401 and amendments thereto. An inactive license shall not entitlethe holder to practice the healing arts in this state. Each inactive licensemay be renewed subject to the provisions of this section.Each inactive licensee shall be subject to all provisions of the healing artsact, except as otherwise provided in this subsection (g). The holder of aninactive license shall not be required to submit evidence of satisfactorycompletion of a program of continuing education required by K.S.A. 65-2809 andamendments thereto. Each inactive licensee may apply for a license to regularlyengage in the practice of the appropriate branch of the healing arts uponfiling a written application with the board. The request shall be on a formprovided by the board and shall be accompanied by the license fee establishedpursuant to K.S.A. 65-2852 and amendments thereto. For those licensees whoselicense has been inactive for less than two years, the board shall adopt rulesand regulations establishing appropriate continuing education requirements forinactive licensees to become licensed to regularly practice the healing artswithin Kansas.Any licensee whose license has been inactive for more than two years and whohas not been in the active practice of the healing arts or engaged in a formaleducation program since the licensee has been inactive may be required tocompletesuch additional testing, training or education as the board may deem necessaryto establish the licensee's present ability to practice with reasonable skillandsafety.
(h) (1) There is hereby created a designation of federally activelicense. Theboard is authorized to issue a federally active license to any licensee whomakes written application for such license on a form provided by the board andremits the same fee required for a license established under K.S.A. 65-2852 andamendments thereto.The board may issue a federally active license only to a person who meets allthe requirements for a license to practice the healing arts in Kansas and whopractices that branch of the healing arts solely in the course of employment oractive duty in the United States government or any of its departments, bureausor agencies.A person issued a federally active license may engage in limited practiceoutside of the course of federal employment consistent with the scope ofpractice of exempt licensees under subsection (f), except that the scope ofpractice of a federally active licensee shall be limited to the following: (A)Performing administrative functions, including peer review, disabilitydeterminations, utilization review and expert opinions; (B) providing directpatient care services gratuitously or providing supervision,direction or consultation for no compensation except that nothing in thissubpart (1)(B) shall prohibit a person licensed to practice the healing artsissued a federally active licensefrom receiving payment for subsistence allowances or actual and necessaryexpenses incurred in providing such services; and (C) rendering professionalservices as a charitable health care provider as defined in K.S.A. 75-6102 andamendments thereto.
(2) The provisions of subsections(a), (b), (d) and (e) of this section relating to continuing education,expirationand renewal of a license shall be applicable to a federally active licenseissued under this subsection.
(3) A person who practices under a federally active license shall notbe deemed tobe rendering professional service as a health care provider in this state forpurposes of K.S.A. 40-3402 and amendments thereto.
History: L. 1957, ch. 343, § 9; L. 1966, ch. 35, § 1(BudgetSession); L. 1969, ch. 299, § 2; L. 1976, ch. 273, § 6; L. 1976,ch.274, § 3; L. 1978, ch. 249, § 5; L. 1986, ch. 229, § 34;L. 1986, ch. 239,§ 1; L. 1987, ch. 242, § 2; L. 1988, ch. 250, § 1;L. 1991, ch. 192, § 1;L. 1992, ch. 253, § 2;L. 1993, ch. 29, § 1;L. 1995, ch. 82, § 1;L. 2000, ch. 141, § 1;L. 2005, ch. 97, § 1; July 1.