65-431. Rules and regulations; selection of professional staff; hospital compliance through combined operation.
65-431
65-431. Rules and regulations; selection of professional staff;hospital compliance through combined operation.(a) The licensing agency shall adopt, amend, promulgate and enforce suchrules and regulations and standards with respect to the different types ofmedical care facilities to be licensed hereunder as may be designed tofurther the accomplishment of the purposes of this law in promoting safeand adequate treatment of individuals in medical care facilities in theinterest of public health, safety and welfare.
(b) No rule or regulation shall be made by the licensing agencywhich would discriminate against any practitioner of the healing arts whois licensed to practice medicine and surgery in this state. Boards oftrustees or directors of facilities licensed pursuant to the provisions ofthis act shall have the right, in accordance with law, to select theprofessional staff members of such facilities and to select and employinterns, nurses and other personnel, and no rules and regulations orstandards of the licensing agency shall be valid which, if enforced, wouldinterfere in such selection or employment. In the selection ofprofessional staff members, no hospital licensed under K.S.A. 65-425 etseq. shall discriminate against any practitioner of the healing artswho is licensed to practice medicine and surgery in this state for reasonsbased solely upon the practitioner's branch of the healing arts or theschool or health care facility in which the practitioner received medicalschooling or postgraduate training.
(c) In formulating rules and regulations, the agency shall give dueconsideration to the size of the medical care facility, the type of serviceit is intended to render, the scope of such service and the financialresources in and the needs of the community which such facility serves.
(d) A hospital consisting of more than one establishment shallbe considered in compliance with the rules and regulations of the licensingagency if all basic services required by the agency are available as a partof the combined operation and if the following basic services are availableat each establishment: Continuous nursing service, continuous physiciancoverage on duty or on call, basic diagnostic radiological and laboratoryfacilities, drug room, emergency services, food service, and patient isolation.
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; July 1.