65-431. Rules and regulations; selection of professional staff; hospital compliance through combined operation. (a) The licensing agency shall adopt, amend, promulgate and enforce such rules and regulations and standards with respect to the different types of medical care facilities to be licensed hereunder as may be designed to further the accomplishment of the purposes of this law in promoting safe and adequate treatment of individuals in medical care facilities in the interest of public health, safety and welfare.
(b) No rule or regulation shall be made by the licensing agency that would discriminate against any practitioner of the healing arts who is licensed to practice medicine and surgery in this state. Boards of trustees or directors of facilities licensed pursuant to the provisions of this act shall have the right, in accordance with law, to select the professional staff members of such facilities and to select and employ interns, nurses and other personnel, and no rules and regulations or standards of the licensing agency shall be valid that, if enforced, would interfere in such selection or employment. In the selection of professional staff members, no hospital licensed under K.S.A. 65-425 et seq., and amendments thereto, shall discriminate against any practitioner of the healing arts who is licensed to practice medicine and surgery in this state for reasons based solely upon the practitioner's branch of the healing arts or the school or healthcare facility where the practitioner received medical schooling or postgraduate training.
(c) In formulating rules and regulations, the agency shall give due consideration to the size of the medical care facility, the type of service it is intended to render, the scope of such service, requirements for the receipt of federal reimbursement for the type of medical care facility and the financial resources in and the needs of the community which such facility serves.
(d) (1) A hospital consisting of more than one establishment shall be considered in compliance with the rules and regulations of the licensing agency if:
(A) All basic services required by the agency are available as a part of the combined operation; and
(B) the following basic services are available at each establishment:
(i) Continuous nursing service;
(ii) continuous physician coverage on duty or on call;
(iii) basic diagnostic radiological and laboratory facilities;
(iv) drug room;
(v) emergency services;
(vi) food service; and
(vii) patient isolation.
(2) The requirements of paragraphs (1)(A) and (B) shall be deemed to be satisfied by a rural emergency hospital if such rural emergency hospital meets the licensing requirements established for such hospital by the licensing agency.
History: L. 1947, ch. 329, § 7; L. 1973, ch. 248, § 5; L. 1976, ch. 266, § 2; L. 1988, ch. 235, § 2; L. 1988, ch. 237, § 1; L. 1988, ch. 238, § 1; L. 2021, ch. 88, § 13; May 6.
Structure Kansas Statutes
Article 4 - Hospitals And Other Facilities
65-407 Same; notices and statement of claims; requirements.
65-408 Same; persons liable to hospital; limitation of actions.
65-409 Hospital lien; fee for filing; authorized only by legislative enactment.
65-412 Administration of act by secretary of health and environment; state medical facilities plan.
65-413 General powers and duties.
65-415 Survey and planning activities.
65-416 State medical facilities plan; provisions.
65-417 Application for federal funds for survey and planning; expenditure.
65-419 Same; priority of projects.
65-420 Medical facility projects; application for funds.
65-421 Consideration and forwarding of applications; hearing.
65-422 Inspection of projects; certification.
65-423 Medical facilities project fund established; deposit of federal moneys; uses.
65-424a Medical facilities; definition.
65-424b Same; construction, operation and leasing by certain municipalities authorized.
65-428 Application for license; contents.
65-430 Denial, suspension or revocation of license; notice and hearing.
65-432 Time for compliance with rules, regulations and standards.
65-433 Inspections and investigations; rules and regulations; consultations.
65-435a Development of contents of annual report and inspection form; rules and regulations.
65-436 Information confidential; exceptions.
65-437 Annual report of licensing agency.
65-438 Appeal from decision of licensing agency.
65-442a Same; act inapplicable to adult care home licensed under chapter 39.
65-444 Same; medical care facility refusal to permit; establishment of criteria and procedures.
65-451 Construction or modification of certain hospitals prohibited until July 1, 1986.
65-453 Same; emergency waiver, when; secretary of health and environment.
65-454 Same; action to enjoin violation.
65-469 Same; state policy to encourage rural health networks.
65-470 Same; participation in or affiliation with a rural health network; contracts.
65-473 Same; rules and regulations; minimum standards for rural health networks.
65-481 Rural emergency hospital act; citation of act.
65-485 Same; authorization to contract for federal reimbursement.
65-487 Same; rules and regulations.
65-488 Same; insurance coverage parity for services performance by a rural emergency hospital.