AGO 1989-091.

Case DateJuly 21, 1989
CourtKansas
Kansas Attorney General Opinions 1989. AGO 1989-091. July 21, 1989ATTORNEY GENERAL OPINION NO. 89-91Lawrence T. Buening, Jr. General Counsel Kansas Board of Healing Arts Landon State Office Building Suite 553 Topeka, Kansas 66612-1256 Re: Public Health--Healing Arts; Kansas Healing Arts Act--Persons Deemed Engaged in Practice of Chiropractic Synopsis: A surgical operation includes severing tissue and penetrating the human body for treatment, replacement, or removal of afflicted parts. Surgical operations must be performed by those individuals who are licensed to practice medicine and surgery. An individual licensed to practice chiropractic may treat a stress fracture if the treatment does not involve a surgical operation, and so long as the treatment is within chiropractic methodology. Such methodology may include the use of a plaster cast. Cited herein: K.S.A. 65-2802, 65-2803; K.S.A.1988 Supp. 65-2836, as amended by 1989 Senate Bill No. 182; K.S.A.1988 Supp. 65-2869; K.S.A. 65-2871; R.S.1923, 65-1005. * * * Dear Mr. Buening: As general counsel to the Kansas board of healing arts, you request our opinion regarding the authorized scope of practice for a chiropractic licensee. Specifically, you ask:
"a. Is an individual who has been issued a license to practice chiropractic by the State Board of Healing Arts in violation of the Healing Arts Act (K.S.A. 65-2801, et seq.) by treating a possible stress fracture?
"b. Does an individual who has been issued a license to practice chiropractic by the State Board of Healing Arts unlawfully engage in the practice of medicine and surgery by applying a cast for any purpose whatsoever?"
Treatment of a fracture is included in the practice of the healing arts, which is defined in K.S.A. 65-2802(a) as:
"any system, treatment, operation, diagnosis, prescription, or practice for the ascertainment, cure, relief, palliation, adjustment, or correction of any human disease, ailment, deformity, or injury, and includes specifically but not by way of limitation the practice of medicine and surgery; the practice of osteopathic medicine and surgery; and the practice of chiropractic."
Any person engaging in the practice of any branch of the healing arts must first obtain a license to do so. K.S.A. 65-2803. A person who is licensed by the board is subject to disciplinary action for unlawfully...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT