K.S.A. » Chapter 65

K.S.A. § 65-2801

Purpose

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65-2801. Purpose. Recognizing that the practice of the healing arts is a privilege granted by legislative authority and is not a natural right of individuals, it is deemed necessary as a matter of policy in the interests of public health, safety and welfare, to provide laws and provisions covering the granting of that privilege and its subsequent use, control and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized and unqualified practice of the healing arts and from unprofessional conduct by persons licensed to practice under this act.

History: L. 1957, ch. 343, § 1; July 1.

Notes of Decisions
Cited in 37 cases (5 in the last 5 years), 1980–2022 · leading case: Williamson v. Amrani
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Williamson v. Amrani (2007) kan · cites it 8× “) The Kansas Healing Arts Act (KHAA), K.S.A. 65-2801 et seq., which specifically covers physicians, see K.”
Friedman v. Kansas State Board of Healing Arts (2013) kan · cites it 3× “65-2837 “while engaged in a regulated profession as a medical doctor in the State of Kansas pursuant to K.S.A. 65-2801 et seq. ” Friedman responded to the Board’s petition by seeking dismissal of the action for lack of subject matter jurisdiction.”
Central Kansas Medical Center v. Hatesohl (2018) kan · cites it 2× “After the early cases but before Early Detection Center, the Legislature enacted the Kansas Healing Arts Act (HAA), K.S.A. 65-2801 et seq., and the Professional Corporation Law of Kansas (PC Law), K.”
Ryser v. State (2012) kan · cites it 2× “And on the merits of this appeal, we affirm the district court’s denial of Ryser s petition based on our conclusion that the Board had authority under the Kansas Healing Arts Act, K.S.A. 65-2801 et seq. (Act), to investigate and subpoena Ryser, a Kansas licensee who was…”
Vakas v. Kansas Board of Healing Arts (1991) kan · cites it 3× “” The Healing Arts Act, which is found at K.S.A. 65-2801 et seq., provides a comprehensive scheme to regulate those involved in the practice of the healing arts.”
State v. Mountjoy (1995) kan · cites it 2× “65-2803? (2) Because “disease” is not defined in the Kansas Healing Arts Act, K.S.A. 65-2801 et seq., must the person charged have the specific intent to violate the Act? (3) Did the court properly instruct the jury with regard to the emergency defense where the defendant is…”
Corder v. Kansas Board of Healing Arts (1994) kan · cites it 4× “K.S.A. 65-2801 et seq. Richard Gannon was the executive director of the Board from July 11, 1988, through August 6, 1991.”
Blue Cross & Blue Shield of Kansas, Inc. v. Praeger (2003) kan “There, this court rejected a constitutional challenge — based on the nondelegation doctrine — to the license reinstatement statute contained in the Kansas Healing Arts Act found at K.S.A. 65-2801 et seq. We acknowledged that the reinstatement statute, K.”
McKissick v. Frye (1994) kan “Chiropractors are licensed under the Kansas Healing Arts Act, K.S.A. 65-2801 et seq., and the practice of chiropractic is recognized as one of the healing arts.”
Fieser v. Kansas State Board of Healing Arts (2006) kan “65-2837(a) is contained in the Kansas Healing Arts Act, K.S.A. 65-2801 et seq. The statute reads in pertinent part: “(a) ‘Professional incompetency’ means: (1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes…”
Friedman v. Kansas State Board of Healing Arts (2009) kan “The Board derives its authority to regulate the medical profession from the Kansas Healing Arts Act, K.S.A. 65-2801 etseq. That act specifically provides that “[j judicial review and civil enforcement of any agency action under [the Healing Arts Act] shall be in accordance with”…”
Friedman v. KAN. STATE BD. OF HEALING ARTS (2009) kan “Under the KJRA, a prerequisite to filing a petition for judicial review is the exhaustion of "all administrative remedies available within the agency.”
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