65-2803.
Prerequisite to practice a profession regulated by the board; exceptions; penalties.
(a) Unless otherwise specified by the board or as provided in K.S.A. 2025 Supp. 65-28,134, and amendments thereto, it shall be unlawful for any person who does not have a license, registration, permit or certificate to engage in the practice of any profession regulated by the board or whose license, registration, permit or certificate to practice has been revoked or suspended to engage in the practice of any profession regulated by the board.
(b) This section shall not apply to any healthcare provider who in good faith renders emergency care or assistance at the scene of an emergency or accident as authorized by K.S.A. 65-2891, and amendments thereto.
(c) The commission of any act or practice declared to be a violation of this section may render the violator liable to the state or county for the payment of a civil penalty of up to $1,000 per day for each day a person engages in the unlawful practice of a profession regulated by the board. In addition to such civil penalty, such violator may be assessed reasonable costs of investigation and prosecution.
(d) Violation of this section is a severity level 10, nonperson felony.
History:
L. 1957, ch. 343, § 3; L. 1992, ch. 32, § 1; L. 2014, ch. 131, § 6; L. 2019, ch. 52, § 3; March 1, 2020.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1991–2023 · leading case:
State v. Mountjoy, 891 P.2d 376 (Kan. 1995).
State v. Mountjoy, 891 P.2d 376 (Kan. 1995).
· cites it 15× “: Defendants were charged with practicing the healing arts without a license under K.S.A. 65-2803, a class B misdemeanor. Following a jury trial, all three defendants were found not guilty.”
Cent. Kansas Med. Ctr. v. Hatesohl, 425 P.3d 1253 (Kan. 2018).
· cites it 2× “Generally, the HAA prohibits a person from practicing any branch of the healing arts without a license, and the PC Law permits licensed physicians to form professional corporations to provide medical services.”
Williamson v. Amrani, 152 P.3d 60 (Kan. 2007).
· cites it 2× “See K.S.A. 65-2803 through K.S.A. 65-2811a (licensing); K.”
State v. Lewis, 953 P.2d 1016 (Kan. 1998).
· cites it 2× “Thus, we concluded: “The purpose of K.S.A. 65-2803 is to protect the public from the unauthorized practice of the healing arts.”
Early Detection Ctr., Inc. v. Wilson, 811 P.2d 860 (Kan. 1991).
“K.S.A. 65-2803. The Kansas Healing Arts Act authorizes any person of legal age, who successfully completes an examination, to obtain a license.”
State v. Genson, 481 P.3d 137 (Kan. Ct. App. 2020).
· cites it 3× “"The purpose of K.S.A. 65-2803 is to protect the public from the unauthorized practice of the healing arts.”
State v. Martinez, 988 P.2d 735 (Kan. 1999).
· cites it 3× “In Mountjoy , defendant and two others were charged with practicing the healing arts without a license under K.S.A. 65-2803. The trial judge instructed the jury that in order for the defendant to be guilty of the crime charged, the State must prove that her conduct was…”
Kansas State Bd. of Healing Arts v. Parcells (Kan. Ct. App. 2022).
· cites it 4× “Count one alleged that Parcells engaged in the unlicensed practice of profession(s) regulated by the Board in violation of K.S.A. 65-2803 and K.S.A. 65-2857. Specifically, the petition alleged that Parcells was guilty of independently performing autopsies, rendering medical…”
— K.S.A. § 65-2803(a) — 6 cases
Cent. Kansas Med. Ctr. v. Hatesohl, 425 P.3d 1253 (Kan. 2018).
“Generally, the HAA prohibits a person from practicing any branch of the healing arts without a license, and the PC Law permits licensed physicians to form professional corporations to provide medical services.”
State v. Mountjoy, 891 P.2d 376 (Kan. 1995).
“: Defendants were charged with practicing the healing arts without a license under K.S.A. 65-2803, a class B misdemeanor. Following a jury trial, all three defendants were found not guilty.”
Kansas State Bd. of Healing Arts v. Parcells (Kan. Ct. App. 2022).
“Count one alleged that Parcells engaged in the unlicensed practice of profession(s) regulated by the Board in violation of K.S.A. 65-2803 and K.S.A. 65-2857. Specifically, the petition alleged that Parcells was guilty of independently performing autopsies, rendering medical…”
— K.S.A. § 65-2803(c) — 1 case
State v. Mountjoy, 891 P.2d 376 (Kan. 1995).
“: Defendants were charged with practicing the healing arts without a license under K.S.A. 65-2803, a class B misdemeanor. Following a jury trial, all three defendants were found not guilty.”
— K.S.A. § 65-2803(d) — 4 cases
State v. Lewis, 953 P.2d 1016 (Kan. 1998).
“Thus, we concluded: “The purpose of K.S.A. 65-2803 is to protect the public from the unauthorized practice of the healing arts.”
State v. Mountjoy, 891 P.2d 376 (Kan. 1995).
“: Defendants were charged with practicing the healing arts without a license under K.S.A. 65-2803, a class B misdemeanor. Following a jury trial, all three defendants were found not guilty.”
State v. Genson, 481 P.3d 137 (Kan. Ct. App. 2020).
“"The purpose of K.S.A. 65-2803 is to protect the public from the unauthorized practice of the healing arts.”
State v. Martinez, 988 P.2d 735 (Kan. 1999).
“In Mountjoy , defendant and two others were charged with practicing the healing arts without a license under K.S.A. 65-2803. The trial judge instructed the jury that in order for the defendant to be guilty of the crime charged, the State must prove that her conduct was…”
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