Volume 43 - Issue 26 - June 27, 2024

State of Kansas

Board of Healing Arts

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted at 12:30 p.m. Wednesday, August 28, 2024, in the board room at the Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A, Topeka, KS 66612, to consider proposed amended regulations of Kansas State Board of Healing Arts.

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the amended regulation. All interested parties may submit comments prior to the hearing to Derenda Mitchell, General Counsel, at the Board of Healing Arts at the address above or via email to KSBHA_HealingArts@ks.gov. All interested parties will be given a reasonable opportunity to present their views, orally or in writing, concerning the proposed amended regulation during the public hearing. In order to provide all parties with an opportunity to present their views, it may be necessary to request each participant limit any oral presentations to five minutes.

Copies of the proposed amended regulations and the Economic Impact Statements for the proposed amended regulations may be obtained from the Kansas State Board of Healing Arts, 800 SW Jackson, Lower Level – Suite A, Topeka, Kansas, on the agency website at http://www.ksbha.org/publicinformation/publicinformation.shtml, by contacting LeeAnn Hunter-Roach at 785-296-4502, or by emailing the agency at KSBHA_HealingArts@ks.gov.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed amended regulation being considered and the economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Rikki Price at 785-296-8558 or Rikki.R.Price@ks.gov. Individuals with hearing and/or speech disabilities may contact the Kansas Relay Center at 800-766-3777 for communication accommodations. Handicapped parking is located on 8th Street and in the building’s parking garage. From the street, both the west entrance to the building on Jackson Street and the north entrance on 8th Street are accessible.

Summaries of the proposed regulations and their economic impact follow:

K.A.R. 100-1-1 Seals. This regulation sets forth the Board’s utilization of the seal for official acts. The regulation was last amended in 1977 – the proposed amended regulation does not alter the substance of the regulation but modernizes the regulation for compliance with current regulatory structure and requirements.

A qualified economist would be required to provide an expert opinion of the extent the amended regulation would impact economic growth. In the lay opinion of agency staff, the technical amendment alone will have no impact on economic growth.

K.A.R. 100-2-2 Term. This regulation sets the term for the President and Vice President of the Board. The proposed amended regulation does not alter the substance of the regulation but modernizes the regulation for compliance with current regulatory structure and requirements, including updating statutory authority.

A qualified economist would be required to provide an expert opinion of the extent the amended regulations would impact economic growth. In the lay opinion of agency staff, the technical amendments alone will have no impact on economic growth.

K.A.R. 100-2-3 President, duties. This regulation sets the duties for President of the Board. The proposed amended regulation does not alter the substance of the regulation but modernizes the regulation for compliance with current regulatory structure and requirements, including updating statutory authority.

A qualified economist would be required to provide an expert opinion of the extent the amended regulations would impact economic growth. In the lay opinion of agency staff, the technical amendments alone will have no impact on economic growth.

K.A.R. 100-2-4 Vice-president, duties. This regulation sets the term and duties for the Vice President of the Board. The proposed amended regulation does not alter the substance of the regulation but modernizes the regulation for compliance with current regulatory structure and requirements, including updating statutory authority.

A qualified economist would be required to provide an expert opinion of the extent the amended regulations would impact economic growth. In the lay opinion of agency staff, the technical amendments alone will have no impact on economic growth.

K.A.R. 100-3-1 Appointment (revoke). The agency is proposing revocation of this regulation as it is unnecessary, and not otherwise mandated by law, considering the content is covered in K.S.A. 65-2823 and K.A.R. 100-2-3.

The proposed revocation would neither enhance nor restrict business activities and growth for special committees.

K.A.R. 100-4-1 Causes. This regulation covers a vacancy, and filling of such vacancy, in the role of President and Vice President of the Board. The proposed amended regulation does not materially alter the substance of the regulation but modernizes the regulation for compliance with current regulatory structure and requirements, including updating statutory authority.

A qualified economist would be required to provide an expert opinion of the extent the amended regulations would impact economic growth. In the lay opinion of agency staff, the technical amendments alone will have no impact on economic growth.

K.A.R. 100-4-2 Filling. This regulation covers a vacancy, and filling of such vacancy, in the role of President and Vice President of the Board. The proposed amended regulation does not materially alter the substance of the regulation but modernizes the regulation for compliance with current regulatory structure and requirements, including updating statutory authority.

A qualified economist would be required to provide an expert opinion of the extent the amended regulations would impact economic growth. In the lay opinion of agency staff, the technical amendments alone will have no impact on economic growth.

K.A.R. 100-5-1 Meetings. This regulation sets forth requirements for the Board to designate dates, times, and places for the Board meetings and special meetings. The regulation was last amended in 1988 – the proposed amended regulation does not materially alter the substance of the regulation but modernizes and streamlines the regulation for compliance with current regulatory structure and requirements.

A qualified economist would be required to provide an expert opinion of the extent the amended regulations would impact economic growth. In the lay opinion of agency staff, the technical amendments alone will have no impact on economic growth.

K.A.R. 100-5-2 Special Meetings. This regulation sets forth requirements for the Board to designate dates, times, and places for the Board meetings and special meetings. The regulation was last amended in 1988 – the proposed amended regulation does not materially alter the substance of the regulation but modernizes and streamlines the regulation for compliance with current regulatory structure and requirements.

A qualified economist would be required to provide an expert opinion of the extent the amended regulations would impact economic growth. In the lay opinion of agency staff, the technical amendments alone will have no impact on economic growth.

The Board of Healing Arts is comprised of eight physicians (5-MD; 3-DO), three chiropractors, one podiatrist, and three public members. The amended regulations were developed during publicly noticed open meetings of the Board, and the Board is following all notice and open meeting hearing requirements associated with promulgating the amended regulations.

Susan Gile
Executive Director
Board of Healing Arts

Doc. No. 052260