K.S.A. » Chapter 65
Kansas Statutes Annotated

K.S.A. § 65-2872 (2026)

Persons not engaged in the practice of the healing arts

✓ current as of May 2026
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65-2872. Persons not engaged in the practice of the healing arts. The practice of the healing arts shall not be construed to include the following persons:

(a) Persons rendering gratuitous services in the case of an emergency.

(b) Persons gratuitously administering ordinary household remedies.

(c) The members of any church practicing their religious tenets provided they shall not be exempt from complying with all public health regulations of the state.

(d) Students while in actual classroom attendance in an accredited healing arts school who after completing one year's study treat diseases under the supervision of a licensed instructor.

(e) Students upon the completion of at least three years study in an accredited healing arts school and who, as a part of their academic requirements for a degree, serve a preceptorship not to exceed 180 days under the supervision of a licensed practitioner.

(f) Persons who massage for the purpose of relaxation, muscle conditioning, or figure improvement, provided no drugs are used and such persons do not hold themselves out to be physicians or healers.

(g) Persons whose professional services are performed under the supervision or by order of or referral from a practitioner who is licensed under this act.

(h) Persons in the general fields of psychology, education and social work, dealing with the social, psychological and moral well-being of individuals or groups, or both, provided they do not use drugs and do not hold themselves out to be the physicians, surgeons, osteopathic physicians or chiropractors.

(i) Practitioners of the healing arts in the United States army, navy, air force, public health service, and coast guard or other military service when acting in the line of duty in this state.

(j) Practitioners of the healing arts licensed in another state when and while incidentally called into this state in consultation with practitioners licensed in this state.

(k) Dentists practicing their professions, when licensed and practicing in accordance with the provisions of article 14 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.

(l) Optometrists practicing their professions, when licensed and practicing under and in accordance with the provisions of article 15 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.

(m) Nurses practicing their profession when licensed and practicing under and in accordance with the provisions of article 11 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.

(n) Podiatrists practicing their profession, when licensed and practicing under and in accordance with the provisions of article 20 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.

(o) Every act or practice falling in the field of the healing arts, not specifically excepted herein, shall constitute the practice thereof.

(p) Pharmacists practicing their profession, when licensed and practicing under and in accordance with the provisions of article 16 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.

(q) A dentist licensed in accordance with the provisions of article 14 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, who administers general and local anesthetics to facilitate medical procedures conducted by a person licensed to practice medicine and surgery if such dentist is certified by the board of healing arts under K.S.A. 65-2899, and amendments thereto, to administer such general and local anesthetics.

(r) Practitioners of the healing arts duly licensed under the laws of another state who do not open an office or maintain or appoint a place to regularly meet patients or to receive calls within this state, but who order services which are performed in this state in accordance with rules and regulations of the board. The board shall adopt rules and regulations identifying circumstances in which professional services may be performed in this state based upon an order by a practitioner of the healing arts licensed under the laws of another state.

(s) Acupuncturists, when licensed and practicing in accordance with K.S.A. 65-7601 through 65-7624, and amendments thereto, rules and regulations adopted [pursuant] thereto, and interpretations thereof by the supreme court of this state.

(t) Persons licensed by the state board of cosmetology practicing their professions, when licensed and practicing under and in accordance with the provisions of article 19 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, and any interpretation thereof by the supreme court of this state.

History: L. 1957, ch. 343, § 72; L. 1976, ch. 273, § 33; L. 1976, ch. 276, § 2; L. 2005, ch. 117, § 1; L. 2007, ch. 42, § 2; L. 2014, ch. 131, § 30; L. 2016, ch. 92, § 30; July 1.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1973–2024 · leading case: Ryser v. State, 284 P.3d 337 (Kan. 2012).
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Ryser v. State, 284 P.3d 337 (Kan. 2012). · cites it 4× “*466 Curiously, the only relevant reference we find in the Act to the term “incidental” is in K.S.A. 2011 Supp. 65-2872, a statute not specifically addressed by either of the parties.”
State Bd. of Nursing v. Ruebke, 913 P.2d 142 (Kan. 1996). · cites it 4× “K.S.A. 65-2872 exempts certain activities from the licensure requirements of the healing arts act.”
Tompkins v. Bise, 910 P.2d 185 (Kan. 1996). · cites it 2× “See K.S.A. 65-2872(k), (q). Bise concludes that in the malpractice action against him, only a licensed physician can qualify as an expert witness under K.”
Nold Ex Rel. Nold v. Binyon, 31 P.3d 274 (Kan. 2001). “He has extensive experience working in hospital labor and delivery units and is familiar with the standards and practices applicable to nurses working in these units.”
State ex rel. State Bd. of Healing Arts v. Thomas, 97 P.3d 513 (Kan. Ct. App. 2004). · cites it 3× “Thomas are exempt from the scope of authority of the Board of Healing Arts by the provisions of K.S.A. 65-2872(k). “8) All of the procedures performed by Steven L.”
People ex rel. Watson v. House of Vision, 306 N.E.2d 697 (Ill. App. Ct. 1973). “Plaintiff asserts that there are differences in the Act herein and the statutory authority relied upon by the court in Doolin: in particular, the “referral section” of the statute, K.S.A. 65-2872 [L. 1957, ch. 343, § 72], which is as follows: “The practice of the healing arts…”
Perez v. Wesley Med. Ctr. (Kan. Ct. App. 2022). “K.S.A. 65-2872(m)." Nold ex rel. Nold v. Binyon, 272 Kan.”
Abbey v. Kansas Bd. of Examiners in Optometry (Kan. Ct. App. 2024). “K.S.A. 65-2872; K.S.A. 65-2807. Dr. Michael Parsons is licensed to practice the healing arts in Kansas as an ophthalmologist.”
Rhoads v. Stormont Vail HealthCare, Inc. (D. Kan. 2023). “65-28a08(a); see also K.S.A. 65-2872(m) (indicating nurses do not practice medicine).”
Attorney Gen. Opinion No. (Kan. Att'y Gen. 2009). “12 K.S.A. 2007 Supp. 65-2872. 13 Emphasis added.”
— K.S.A. § 65-2872(g) — 1 case
State Bd. of Nursing v. Ruebke, 913 P.2d 142 (Kan. 1996). “K.S.A. 65-2872 exempts certain activities from the licensure requirements of the healing arts act.”
— K.S.A. § 65-2872(j) — 1 case
Ryser v. State, 284 P.3d 337 (Kan. 2012). “*466 Curiously, the only relevant reference we find in the Act to the term “incidental” is in K.S.A. 2011 Supp. 65-2872, a statute not specifically addressed by either of the parties.”
— K.S.A. § 65-2872(k) — 2 cases
Tompkins v. Bise, 910 P.2d 185 (Kan. 1996). “See K.S.A. 65-2872(k), (q). Bise concludes that in the malpractice action against him, only a licensed physician can qualify as an expert witness under K.”
State ex rel. State Bd. of Healing Arts v. Thomas, 97 P.3d 513 (Kan. Ct. App. 2004). “Thomas are exempt from the scope of authority of the Board of Healing Arts by the provisions of K.S.A. 65-2872(k). “8) All of the procedures performed by Steven L.”
— K.S.A. § 65-2872(m) — 3 cases
Nold Ex Rel. Nold v. Binyon, 31 P.3d 274 (Kan. 2001). “He has extensive experience working in hospital labor and delivery units and is familiar with the standards and practices applicable to nurses working in these units.”
Perez v. Wesley Med. Ctr. (Kan. Ct. App. 2022). “K.S.A. 65-2872(m)." Nold ex rel. Nold v. Binyon, 272 Kan.”
Rhoads v. Stormont Vail HealthCare, Inc. (D. Kan. 2023). “65-28a08(a); see also K.S.A. 65-2872(m) (indicating nurses do not practice medicine).”
— K.S.A. § 65-2872(o) — 1 case
Ryser v. State, 284 P.3d 337 (Kan. 2012). “*466 Curiously, the only relevant reference we find in the Act to the term “incidental” is in K.S.A. 2011 Supp. 65-2872, a statute not specifically addressed by either of the parties.”
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