65-2869.
Persons deemed engaged in practice of medicine and surgery.
For the purpose of this act the following persons shall be deemed to be engaged in the practice of medicine and surgery:
(a) Persons who publicly profess to be physicians or surgeons, or publicly profess to assume the duties incident to the practice of medicine or surgery or any of their branches.
(b) Persons who prescribe, recommend or furnish medicine or drugs, or perform any surgical operation of whatever nature by the use of any surgical instrument, procedure, equipment or mechanical device for the diagnosis, cure or relief of any wounds, fractures, bodily injury, infirmity, disease, physical or mental illness or psychological disorder, of human beings.
(c) Persons who attach to their name the title M.D., surgeon, physician, physician and surgeon, or any other word or abbreviation indicating that they are engaged in the treatment or diagnosis of ailments, diseases or injuries of human beings.
History:
L. 1957, ch. 343, § 69; L. 1969, ch. 299, § 14; L. 1976, ch. 273, § 30; L. 1988, ch. 251, § 5; July 1.
Notes of Decisions
Cited in
8
cases (
1 in the last 5 years), 1979–2022 · leading case:
Ryser v. State, 284 P.3d 337 (Kan. 2012).
Ryser v. State, 284 P.3d 337 (Kan. 2012).
· cites it 5× “” K.S.A. 65-2869. Ryser does not dispute that she meets the definition of “engaged in the practice of medicine and surgery” under all three sections of K.”
State Bd. of Nursing v. Ruebke, 913 P.2d 142 (Kan. 1996).
· cites it 8× “” K.S.A. 65-2869 specifically provides that for the purpose of the healing arts act, the following persons shall be deemed to be engaged in the practice of medicine and surgery: “(a) Persons who publicly profess to be physicians or surgeons, or publicly profess to assume the…”
Williamson v. Amrani, 152 P.3d 60 (Kan. 2007).
· cites it 4× “, which specifically covers physicians, see K.S.A. 65-2869, establishes an extensive regulatory scheme which outlines the education, licensing, and professional and ethical standards imposed on members of the healing arts.”
State ex rel. State Bd. of Healing Arts v. Beyrle, 7 P.3d 1194 (Kan. 2000).
· cites it 2× “65-2802(a) and (c), the practice of medicine and surgery within the meaning of K.S.A. 65-2869, and the practice of chiropractic or osteopathic medicine and surgery by his acts of: (1) using the various titles or designations described earlier, (2) making diagnoses and…”
State ex rel. State Bd. of Healing Arts v. Beyrle, 7 P.3d 1194 (Kan. 2000).
· cites it 2× “65-2802(a) and (c), the practice of medicine and surgery within the meaning of K.S.A. 65-2869, and the practice of chiropractic or osteopathic medicine and surgery by his acts of: (1) using the various titles or designations described earlier, (2) making diagnoses and…”
Kansas State Bd. of Healing Arts v. Parcells, 519 P.3d 460 (Kan. Ct. App. 2022).
“" Furthermore, K.S.A. 65-2869 defines persons practicing medicine and surgery as: "(a) Persons who publicly profess to be physicians or surgeons, or publicly profess to assume the duties incident to the practice of medicine or surgery or any of their branches.”
K.S.A. § 65-2869(c): 1 case
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