65-4968.Revocation of registration or license forfailure to comply with requirements of act; civil fines for violations;disposition of moneys; injunction remedy for violations; enforcement ofact.(a) The board of examiners in optometry may revoke thelicense of any person who is licensed by the board of examiners in optometryand who is dispensing contact lenses in Kansas underthis act for failure to comply with the requirements set forth in the patient'scontact lens prescription release act. The state board of healing arts mayrevoke the registration or license of any person who is registered underK.S.A. 65-4967, and amendments thereto, or licensed by the state board ofhealing arts and who is dispensing contact lenses in Kansas under this act forfailure to comply with the requirements of the patient's contact lensprescription release act.
(b) (1) Upon a finding of any violation of the patient's contact lensprescription release act, in lieu of or in addition to any other action, theboard of examiners in optometry for persons licensed by the board of examinersin optometry or the state board of healing arts for persons subject to theprovisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A.65-4967, andamendments thereto, or licensed by the state board of healing arts to practicemedicine and surgery may assess acivil fine not in excess of $10,000 against such person dispensing contactlenses under this act.
(2) The board of examiners in optometry shall remit all moneys receivedunderthis section to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of such remittance the statetreasurer shall deposit the entire amount in the state treasury. The statetreasurer shall then deposit into the optometry fee fund an amountfrom such deposits equal to the board's actual costs, including attorney fees,related to fine assessment and enforcement as certified by the president of theboard. All expenditures from suchfunds shall be made in accordance with appropriation acts upon warrants of thedirector of accounts and reports issued pursuant to vouchers approved by thepresident of the board or by a person designated by the president.
(3) The state board of healing arts shall remit all moneys receivedunderthis section to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of such remittance the statetreasurer shall deposit the entire amount in the state treasury. The statetreasurer shall then deposit into the healing arts fee fund an amountfrom such deposits equal to the board's actual costs, including attorney fees,related to fine assessment and enforcement as certified by the president of theboard. All expenditures from suchfunds shall be made in accordance with appropriation acts upon warrants of thedirector of accounts and reports issued pursuant to vouchers approved by thepresident of the board or by a person designated by the president.
(c) If a person dispensing contact lenses is operating in violation of thepatient'scontact lens prescription release act, for persons licensed by the board ofexaminers in optometry, theboard of examiners in optometry or the attorney general may commence an actionto enjoin such person from further violations. If a person dispensing contactlenses who is subject to the provisions of K.S.A. 65-4967, and amendmentsthereto, is registered under K.S.A. 65-4967, and amendments thereto, or islicensed by thestate board of healing arts, is operating in violation of the patient's contactlens prescription release act, the state board of healing arts or the attorneygeneral may commence an action in the name of the state of Kansas to enjoinsuch person from further violations or from mailing, shipping or otherwisedelivering contact lenses in Kansas.
(d) The board of examiners in optometry shall administer andenforce the provisions of thepatient's contact lens prescription release act for persons licensed by theboard of examiners in optometry, and the state board of healing arts shalladminister and enforce the provisions of the patient's contact lensprescription release act for persons subject to the provisions of K.S.A.65-4967, and amendments thereto, registered under K.S.A. 65-4967, andamendments thereto, or licensed by the state board of healing arts, and eachsuch board is hereby granted suchspecific powers as are necessary for the purpose of administering and enforcingsuch law, including adopting rules and regulations, which rules and regulationsshall not be inconsistent with the provisions of the law being enforced.
65-4968.Revocation of registration or license forfailure to comply with requirements of act; civil fines for violations;disposition of moneys; injunction remedy for violations; enforcement ofact.(a) The board of examiners in optometry may revoke thelicense of any person who is licensed by the board of examiners in optometryand who is dispensing contact lenses in Kansas underthis act for failure to comply with the requirements set forth in the patient'scontact lens prescription release act. The state board of healing arts mayrevoke the registration or license of any person who is registered underK.S.A. 65-4967, and amendments thereto, or licensed by the state board ofhealing arts and who is dispensing contact lenses in Kansas under this act forfailure to comply with the requirements of the patient's contact lensprescription release act.
(b) (1) Upon a finding of any violation of the patient's contact lensprescription release act, in lieu of or in addition to any other action, theboard of examiners in optometry for persons licensed by the board of examinersin optometry or the state board of healing arts for persons subject to theprovisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A.65-4967, andamendments thereto, or licensed by the state board of healing arts to practicemedicine and surgery may assess acivil fine not in excess of $10,000 against such person dispensing contactlenses under this act.
(2) The board of examiners in optometry shall remit all moneys receivedunderthis section to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of such remittance the statetreasurer shall deposit the entire amount in the state treasury. The statetreasurer shall then deposit into the optometry fee fund an amountfrom such deposits equal to the board's actual costs, including attorney fees,related to fine assessment and enforcement as certified by the president of theboard. All expenditures from suchfunds shall be made in accordance with appropriation acts upon warrants of thedirector of accounts and reports issued pursuant to vouchers approved by thepresident of the board or by a person designated by the president.
(3) The state board of healing arts shall remit all moneys receivedunderthis section to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of such remittance the statetreasurer shall deposit the entire amount in the state treasury. The statetreasurer shall then deposit into the healing arts fee fund an amountfrom such deposits equal to the board's actual costs, including attorney fees,related to fine assessment and enforcement as certified by the president of theboard. All expenditures from suchfunds shall be made in accordance with appropriation acts upon warrants of thedirector of accounts and reports issued pursuant to vouchers approved by thepresident of the board or by a person designated by the president.
(c) If a person dispensing contact lenses is operating in violation of thepatient'scontact lens prescription release act, for persons licensed by the board ofexaminers in optometry, theboard of examiners in optometry or the attorney general may commence an actionto enjoin such person from further violations. If a person dispensing contactlenses who is subject to the provisions of K.S.A. 65-4967, and amendmentsthereto, is registered under K.S.A. 65-4967, and amendments thereto, or islicensed by thestate board of healing arts, is operating in violation of the patient's contactlens prescription release act, the state board of healing arts or the attorneygeneral may commence an action in the name of the state of Kansas to enjoinsuch person from further violations or from mailing, shipping or otherwisedelivering contact lenses in Kansas.
(d) The board of examiners in optometry shall administer andenforce the provisions of thepatient's contact lens prescription release act for persons licensed by theboard of examiners in optometry, and the state board of healing arts shalladminister and enforce the provisions of the patient's contact lensprescription release act for persons subject to the provisions of K.S.A.65-4967, and amendments thereto, registered under K.S.A. 65-4967, andamendments thereto, or licensed by the state board of healing arts, and eachsuch board is hereby granted suchspecific powers as are necessary for the purpose of administering and enforcingsuch law, including adopting rules and regulations, which rules and regulationsshall not be inconsistent with the provisions of the law being enforced.
65-4968.Revocation of registration or license forfailure to comply with requirements of act; civil fines for violations;disposition of moneys; injunction remedy for violations; enforcement ofact.(a) The board of examiners in optometry may revoke thelicense of any person who is licensed by the board of examiners in optometryand who is dispensing contact lenses in Kansas underthis act for failure to comply with the requirements set forth in the patient'scontact lens prescription release act. The state board of healing arts mayrevoke the registration or license of any person who is registered underK.S.A. 65-4967, and amendments thereto, or licensed by the state board ofhealing arts and who is dispensing contact lenses in Kansas under this act forfailure to comply with the requirements of the patient's contact lensprescription release act.
(b) (1) Upon a finding of any violation of the patient's contact lensprescription release act, in lieu of or in addition to any other action, theboard of examiners in optometry for persons licensed by the board of examinersin optometry or the state board of healing arts for persons subject to theprovisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A.65-4967, andamendments thereto, or licensed by the state board of healing arts to practicemedicine and surgery may assess acivil fine not in excess of $10,000 against such person dispensing contactlenses under this act.
(2) The board of examiners in optometry shall remit all moneys receivedunderthis section to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of such remittance the statetreasurer shall deposit the entire amount in the state treasury. The statetreasurer shall then deposit into the optometry fee fund an amountfrom such deposits equal to the board's actual costs, including attorney fees,related to fine assessment and enforcement as certified by the president of theboard. All expenditures from suchfunds shall be made in accordance with appropriation acts upon warrants of thedirector of accounts and reports issued pursuant to vouchers approved by thepresident of the board or by a person designated by the president.
(3) The state board of healing arts shall remit all moneys receivedunderthis section to the state treasurer in accordance with the provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of such remittance the statetreasurer shall deposit the entire amount in the state treasury. The statetreasurer shall then deposit into the healing arts fee fund an amountfrom such deposits equal to the board's actual costs, including attorney fees,related to fine assessment and enforcement as certified by the president of theboard. All expenditures from suchfunds shall be made in accordance with appropriation acts upon warrants of thedirector of accounts and reports issued pursuant to vouchers approved by thepresident of the board or by a person designated by the president.
(c) If a person dispensing contact lenses is operating in violation of thepatient'scontact lens prescription release act, for persons licensed by the board ofexaminers in optometry, theboard of examiners in optometry or the attorney general may commence an actionto enjoin such person from further violations. If a person dispensing contactlenses who is subject to the provisions of K.S.A. 65-4967, and amendmentsthereto, is registered under K.S.A. 65-4967, and amendments thereto, or islicensed by thestate board of healing arts, is operating in violation of the patient's contactlens prescription release act, the state board of healing arts or the attorneygeneral may commence an action in the name of the state of Kansas to enjoinsuch person from further violations or from mailing, shipping or otherwisedelivering contact lenses in Kansas.
(d) The board of examiners in optometry shall administer andenforce the provisions of thepatient's contact lens prescription release act for persons licensed by theboard of examiners in optometry, and the state board of healing arts shalladminister and enforce the provisions of the patient's contact lensprescription release act for persons subject to the provisions of K.S.A.65-4967, and amendments thereto, registered under K.S.A. 65-4967, andamendments thereto, or licensed by the state board of healing arts, and eachsuch board is hereby granted suchspecific powers as are necessary for the purpose of administering and enforcingsuch law, including adopting rules and regulations, which rules and regulationsshall not be inconsistent with the provisions of the law being enforced.
