State Codes and Statutes

Statutes > Kansas > Chapter65 > Article59 > Statutes_27152

65-5912

Chapter 65.--PUBLIC HEALTH
Article 59.--DIETITIANS

      65-5912.   Construction of act; exemptions.(a) Nothing in this act shall be construed to require any insurer or otherentity regulated under chapter 40 of the Kansas Statutes Annotated or anyother law of this state to provide coverage for or indemnify for theservices provided by a person licensed under this act.

      (b)   So long as the following persons do not hold themselves out to thepublic to be dietitians or licensed dietitians or use these titles incombination with other titles or use the abbreviation L.D., or anycombination thereof, nothing in this act shall be construed to apply:

      (1)   To any person licensed to practice the healing arts, a licenseddentist, a licensed dental hygienist, a licensed professional nurse, alicensed practical nurse, a licensed psychologist, a licensed masterslevel psychologist, a licensed pharmacist or an employee thereof, aphysician assistant, a licensed professionalcounselor;

      (2)   to any unlicensed employee of a licensed adult care home ora licensed medical care facility as long as such person is working underthe general direction of a licensee in the healing arts, nursing or adietetic services supervisor as defined in regulations adopted by thesecretary of health and environment or a consultant licensed under this act;

      (3)   to any dietetic technician or dietetic assistant;

      (4)   to any student enrolled in an approved academic program indietetics, home economics, nutrition, education or other like curriculum,while engaged in such academic program;

      (5)   to prevent any person, including persons employed in health foodstores, from furnishing nutrition information as to the use of food,food materials or dietary supplements, nor to prevent in any way the freedissemination of information or of literature as long as no individualengaged in such practices holds oneself out as being licensed under this act;

      (6)   to prohibit any individual from marketing or distributing food products,including dietary supplements, or to prevent any such person from providinginformation to customers regarding the use of such products;

      (7)   to prevent any employee of the state or a political subdivision whois employed in nutrition-related programs from engaging in activitiesincluded within the definition of dietetics practice as a part of suchperson's employment;

      (8)   to any person who performs the activities and services of alicensed dietitian or nutrition educator as an employee of the state or apolitical subdivision, an elementary or secondary school, an educationalinstitution, a licensed institution, or a not-for-profit organization;

      (9)   to any person serving in the armed forces, the publichealth service, the veterans administration or as an employee of the federalgovernment;

      (10)   to any person who has a degree in home economics insofaras the activities of such person are within the scope of such person'seducation and training;

      (11)   to any person who counsels or provides weight-controlservices as a part of a franchised or recognized weight-control program ora weight-control program that operates under the general direction of aperson licensed to practice the healing arts, nursing or a person licensedunder this act;

      (12)   to any person who is acting as a representative of a tradeassociation and who engages in one or more activities included within thepractice of dietetics as a representative of such association;

      (13)   to a licensed physical therapist who makes a dietetic ornutritional assessment or gives dietetic or nutritional advice in thenormal practice of such person's profession or as otherwise authorized by law;

      (14)   to a dietitian licensed, registered or otherwiseauthorized to practice dietetics in another state who is providingconsultation in this state;

      (15)   to any person conducting a teaching clinical demonstrationwhich is carried out in an educational institution or an affiliatedclinical facility or health care agency;

      (16)   to any person conducting classes or disseminating informationrelating to nonmedical nutrition; or

      (17)   to any person permitted to practice under K.S.A. 65-2872a and amendmentsthereto.

      (c)   Nothing in this act shall be construed to interfere with thereligious practices or observances of a bona fide religious organization,nor to prevent any person from caring for the sick in accordance withtenets and practices of any church or religious denomination which teachesreliance upon spiritual means through prayer for healing.

      History:   L. 1988, ch. 228, § 12;L. 1994, ch. 53, § 3;L. 1997, ch. 142, § 6;L. 2003, ch. 128, § 28;L. 2004, ch. 117, § 9; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article59 > Statutes_27152

65-5912

Chapter 65.--PUBLIC HEALTH
Article 59.--DIETITIANS

      65-5912.   Construction of act; exemptions.(a) Nothing in this act shall be construed to require any insurer or otherentity regulated under chapter 40 of the Kansas Statutes Annotated or anyother law of this state to provide coverage for or indemnify for theservices provided by a person licensed under this act.

      (b)   So long as the following persons do not hold themselves out to thepublic to be dietitians or licensed dietitians or use these titles incombination with other titles or use the abbreviation L.D., or anycombination thereof, nothing in this act shall be construed to apply:

      (1)   To any person licensed to practice the healing arts, a licenseddentist, a licensed dental hygienist, a licensed professional nurse, alicensed practical nurse, a licensed psychologist, a licensed masterslevel psychologist, a licensed pharmacist or an employee thereof, aphysician assistant, a licensed professionalcounselor;

      (2)   to any unlicensed employee of a licensed adult care home ora licensed medical care facility as long as such person is working underthe general direction of a licensee in the healing arts, nursing or adietetic services supervisor as defined in regulations adopted by thesecretary of health and environment or a consultant licensed under this act;

      (3)   to any dietetic technician or dietetic assistant;

      (4)   to any student enrolled in an approved academic program indietetics, home economics, nutrition, education or other like curriculum,while engaged in such academic program;

      (5)   to prevent any person, including persons employed in health foodstores, from furnishing nutrition information as to the use of food,food materials or dietary supplements, nor to prevent in any way the freedissemination of information or of literature as long as no individualengaged in such practices holds oneself out as being licensed under this act;

      (6)   to prohibit any individual from marketing or distributing food products,including dietary supplements, or to prevent any such person from providinginformation to customers regarding the use of such products;

      (7)   to prevent any employee of the state or a political subdivision whois employed in nutrition-related programs from engaging in activitiesincluded within the definition of dietetics practice as a part of suchperson's employment;

      (8)   to any person who performs the activities and services of alicensed dietitian or nutrition educator as an employee of the state or apolitical subdivision, an elementary or secondary school, an educationalinstitution, a licensed institution, or a not-for-profit organization;

      (9)   to any person serving in the armed forces, the publichealth service, the veterans administration or as an employee of the federalgovernment;

      (10)   to any person who has a degree in home economics insofaras the activities of such person are within the scope of such person'seducation and training;

      (11)   to any person who counsels or provides weight-controlservices as a part of a franchised or recognized weight-control program ora weight-control program that operates under the general direction of aperson licensed to practice the healing arts, nursing or a person licensedunder this act;

      (12)   to any person who is acting as a representative of a tradeassociation and who engages in one or more activities included within thepractice of dietetics as a representative of such association;

      (13)   to a licensed physical therapist who makes a dietetic ornutritional assessment or gives dietetic or nutritional advice in thenormal practice of such person's profession or as otherwise authorized by law;

      (14)   to a dietitian licensed, registered or otherwiseauthorized to practice dietetics in another state who is providingconsultation in this state;

      (15)   to any person conducting a teaching clinical demonstrationwhich is carried out in an educational institution or an affiliatedclinical facility or health care agency;

      (16)   to any person conducting classes or disseminating informationrelating to nonmedical nutrition; or

      (17)   to any person permitted to practice under K.S.A. 65-2872a and amendmentsthereto.

      (c)   Nothing in this act shall be construed to interfere with thereligious practices or observances of a bona fide religious organization,nor to prevent any person from caring for the sick in accordance withtenets and practices of any church or religious denomination which teachesreliance upon spiritual means through prayer for healing.

      History:   L. 1988, ch. 228, § 12;L. 1994, ch. 53, § 3;L. 1997, ch. 142, § 6;L. 2003, ch. 128, § 28;L. 2004, ch. 117, § 9; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter65 > Article59 > Statutes_27152

65-5912

Chapter 65.--PUBLIC HEALTH
Article 59.--DIETITIANS

      65-5912.   Construction of act; exemptions.(a) Nothing in this act shall be construed to require any insurer or otherentity regulated under chapter 40 of the Kansas Statutes Annotated or anyother law of this state to provide coverage for or indemnify for theservices provided by a person licensed under this act.

      (b)   So long as the following persons do not hold themselves out to thepublic to be dietitians or licensed dietitians or use these titles incombination with other titles or use the abbreviation L.D., or anycombination thereof, nothing in this act shall be construed to apply:

      (1)   To any person licensed to practice the healing arts, a licenseddentist, a licensed dental hygienist, a licensed professional nurse, alicensed practical nurse, a licensed psychologist, a licensed masterslevel psychologist, a licensed pharmacist or an employee thereof, aphysician assistant, a licensed professionalcounselor;

      (2)   to any unlicensed employee of a licensed adult care home ora licensed medical care facility as long as such person is working underthe general direction of a licensee in the healing arts, nursing or adietetic services supervisor as defined in regulations adopted by thesecretary of health and environment or a consultant licensed under this act;

      (3)   to any dietetic technician or dietetic assistant;

      (4)   to any student enrolled in an approved academic program indietetics, home economics, nutrition, education or other like curriculum,while engaged in such academic program;

      (5)   to prevent any person, including persons employed in health foodstores, from furnishing nutrition information as to the use of food,food materials or dietary supplements, nor to prevent in any way the freedissemination of information or of literature as long as no individualengaged in such practices holds oneself out as being licensed under this act;

      (6)   to prohibit any individual from marketing or distributing food products,including dietary supplements, or to prevent any such person from providinginformation to customers regarding the use of such products;

      (7)   to prevent any employee of the state or a political subdivision whois employed in nutrition-related programs from engaging in activitiesincluded within the definition of dietetics practice as a part of suchperson's employment;

      (8)   to any person who performs the activities and services of alicensed dietitian or nutrition educator as an employee of the state or apolitical subdivision, an elementary or secondary school, an educationalinstitution, a licensed institution, or a not-for-profit organization;

      (9)   to any person serving in the armed forces, the publichealth service, the veterans administration or as an employee of the federalgovernment;

      (10)   to any person who has a degree in home economics insofaras the activities of such person are within the scope of such person'seducation and training;

      (11)   to any person who counsels or provides weight-controlservices as a part of a franchised or recognized weight-control program ora weight-control program that operates under the general direction of aperson licensed to practice the healing arts, nursing or a person licensedunder this act;

      (12)   to any person who is acting as a representative of a tradeassociation and who engages in one or more activities included within thepractice of dietetics as a representative of such association;

      (13)   to a licensed physical therapist who makes a dietetic ornutritional assessment or gives dietetic or nutritional advice in thenormal practice of such person's profession or as otherwise authorized by law;

      (14)   to a dietitian licensed, registered or otherwiseauthorized to practice dietetics in another state who is providingconsultation in this state;

      (15)   to any person conducting a teaching clinical demonstrationwhich is carried out in an educational institution or an affiliatedclinical facility or health care agency;

      (16)   to any person conducting classes or disseminating informationrelating to nonmedical nutrition; or

      (17)   to any person permitted to practice under K.S.A. 65-2872a and amendmentsthereto.

      (c)   Nothing in this act shall be construed to interfere with thereligious practices or observances of a bona fide religious organization,nor to prevent any person from caring for the sick in accordance withtenets and practices of any church or religious denomination which teachesreliance upon spiritual means through prayer for healing.

      History:   L. 1988, ch. 228, § 12;L. 1994, ch. 53, § 3;L. 1997, ch. 142, § 6;L. 2003, ch. 128, § 28;L. 2004, ch. 117, § 9; July 1.