65-2895. Institutional license; qualifications; rights and restrictions; term of license.

65-2895

Chapter 65.--PUBLIC HEALTH
Article 28.--HEALING ARTS

      65-2895.   Institutional license; qualifications;rights and restrictions;term of license.(a) There is hereby created an institutionallicense whichmay be issued by the board to a person who:

      (1)   Is a graduate of anaccredited school of medicine or osteopathicmedicine or a school which has been inoperation for not less than 15 years and the graduates of which have beenlicensed in another state or states which have standards similar to Kansas;

      (2)   has completed at least two years in a postgraduate training program inthe United States approved by the board; and

      (3)   who is employed asprovided in this section.

      (b)   Subject to the restrictions of this section,theinstitutional license shall confer upon the holder the right and privilegeto practice medicine and surgery and shallobligate the holder to complywith all requirements of such license.

      (c)   The practice privileges ofinstitutional license holders are restricted and shall be valid onlyduring the period in which:

      (1)   The holder is employed by any institution within the department ofsocial andrehabilitation services, employed byany institution within the department ofcorrections or employed pursuant to a contract entered into by thedepartment of social and rehabilitation services or the department ofcorrections with a third party, and only within the institution to whichthe holder is assigned;

      (2)   the holder has been employed for at least three years as described insubsection (c)(1) andisemployed to provide mental health servicesin the employ of a Kansas licensed community mentalhealth center, or one of its contracted affiliates, or a federal, state, countyor municipal agency, or other political subdivision, or a contractorof a federal, state, county or municipal agency, or other politicalsubdivision, or a duly chartered educational institution, or a medical carefacility licensed under K.S.A. 65-425 et seq, and amendmentsthereto,in a psychiatric hospital licensed under K.S.A. 75-3307b and amendmentsthereto,or a contractor of such educational institution, medical care facility orpsychiatric hospital, and whose practice, in any such employment, is limited toproviding mental health services, is a part ofthe duties of such licensee's paid position and is performed solely on behalfof the employer; or

      (3)   the holder has been employed for at least threeyears as described in subsection (c)(1) and is providing mental health servicespursuant to a written protocol with a person who holds a license to practicemedicine and surgery other than an institutional license.

      (d)   An institutional license shall be valid for a period oftwo yearsafter the date of issuance and may be renewed for additional two-yearperiods if the applicant for renewalmeets the requirements under subsection (c) of thissection, has submitted an application for renewal on a form provided by theboard, has paid the renewal fee established by rules and regulations of theboard of not to exceed $500 and has submitted evidence ofsatisfactory completionof a program of continuing education required by the board.In addition, an applicant for renewal who is employed as described insubsection (c)(1) shall submit with the application for renewal arecommendation that the institutional license be renewed signed by thesuperintendent of the institution to which the institutional license holder isassigned.

      (e)   Nothing in this section shall prohibit any person who wasissued an institutional license prior to the effective date of this act fromhaving the institutional license reinstated by the board if the person meetsthe requirements for an institutional license described in subsection (a).

      (f)   This section shall be a part of and supplemental to theKansas healing arts act.

      History:   L. 1969, ch. 299, § 20;L. 1976, ch. 273, § 38;L. 1985, ch. 216, § 4; L. 1987, ch. 239, § 5;L. 1987, ch. 240, § 11;L. 1988, ch. 254, § 1;L. 1989, ch. 196, § 3;L. 1997, ch. 142, § 10;L. 2000, ch. 141, § 4;L. 2004, ch. 55, § 1; April 15.