Attorney General Opinion No. 1998-050 PDF Download
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Author: Carla J. Stovall
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1998 House Bill No. 2724 (L. 1998, Ch. 141, section 1) amends K.S.A. 1997 Supp. 65-1423(h)(5), dealing with the requirements which must be met before coronal scaling and coronal polishing may be performed by an unlicensed individual. The anatomical and procedural terms used in the statute, such as coronal polish and coronal scale, may be defined by the Kansas Dental Board through rules and regulations. The statute provides two exceptions to the prohibition against an unlicensed person performing any part of a prophylaxis: under the direct supervision of a dentist, an unlicensed person may coronal polish teeth, as defined by the Kansas Dental Board, and under the direct supervision of a dentist, an unlicensed person may coronal scale teeth above the gum line if the person meets the requisite training and experience approved by the Kansas Dental Board, the procedure is performed before July 1, 2001 and the patient is not under general or local anesthesia. The statute does not require dental assistants (or any other unlicensed individual) to obtain licensure; however, dental assistants are subject to the prohibitions and requirements of K.S.A. 1997 Supp. 65-1423, as amended, and in that sense are regulated by the Kansas Dental Board, the agency charged with the statute's enforcement. Cited herein: K.S.A. 1997 Supp. 65-1423, as amended by L. 1998, Ch. 141, section 1; K.S.A. 1997 Supp. 65-1436, as amended by L. 1998, Ch. 142, section 9; K.A.R. 71-6-1 (proposed).
Author: Carla J. Stovall
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1998 House Bill No. 2724 (L. 1998, Ch. 141, section 1) amends K.S.A. 1997 Supp. 65-1423(h)(5), dealing with the requirements which must be met before coronal scaling and coronal polishing may be performed by an unlicensed individual. The anatomical and procedural terms used in the statute, such as coronal polish and coronal scale, may be defined by the Kansas Dental Board through rules and regulations. The statute provides two exceptions to the prohibition against an unlicensed person performing any part of a prophylaxis: under the direct supervision of a dentist, an unlicensed person may coronal polish teeth, as defined by the Kansas Dental Board, and under the direct supervision of a dentist, an unlicensed person may coronal scale teeth above the gum line if the person meets the requisite training and experience approved by the Kansas Dental Board, the procedure is performed before July 1, 2001 and the patient is not under general or local anesthesia. The statute does not require dental assistants (or any other unlicensed individual) to obtain licensure; however, dental assistants are subject to the prohibitions and requirements of K.S.A. 1997 Supp. 65-1423, as amended, and in that sense are regulated by the Kansas Dental Board, the agency charged with the statute's enforcement. Cited herein: K.S.A. 1997 Supp. 65-1423, as amended by L. 1998, Ch. 141, section 1; K.S.A. 1997 Supp. 65-1436, as amended by L. 1998, Ch. 142, section 9; K.A.R. 71-6-1 (proposed).
Author: Robert T. Stephan
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Languages : en
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Drugs which were generally recognized as safe prior to the enactment of the federal food, drug and cosmetic act of 1938 were not considered new drugs within the meaning of that act, and were therefore given approval through the grandfather provisions of the act. As long as those grandfathered drugs do not become new drugs, there will be a lack of sufficient data, and an absence of an opportunity to determine bioequivalence between other drugs and the grandfathered drug. In light of this lack of information, the grandfathered drugs are not subject to brand exchange as are drugs for which bioequivalence has been determined. Cited herein: K.S.A. 1989 Supp. 65-1626; 65-1637; 21 U.S.C.S. section 355 (Cum. Supp. 1989); 21 U.S.C.S. section 358 (1984); 34 Stat. 768 (1906), 37 Stat. 416 (1912), 52 Stat. 1040 (1938); Pub. L. 87-781 (1962), Pub. L. 98-417 (1984).
Author: Carla J. Stovall
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Pursuant to K.S.A. 21-3914, not all commercial use of public records is prohibited. The statute is violated only if the requestor intends to use the names and addresses in the records to contact those persons and solicit a sale. The term "person," for purposes of K.S.A. 21-3914, includes businesses. The Kansas Open Records Act does not require provision of records based upon a standing request or prospective request for documents not yet in existence. A request which is unreasonably burdensome need not be honored, but the public agency must cooperate with the requestor to provide access and copies, if possible. Cited herein: K.S.A. 21-3914; 45-215, K.S.A. 1997 Supp. 45-217; K.S.A. 45-218.
Author: Carla J. Stovall
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K.S.A. 21-4206, which addresses the disposition of confiscated weapons when no longer needed for evidentiary purposes, does not authorize the sale of confiscated weapons and the retention of sale proceeds by a law enforcement agency. Cited herein: K.S.A. 21-4206.
Author: Carla J. Stovall
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A series of meetings, each of which involves less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, at which there is a common topic of discussion of the business or affairs of that body constitutes a meeting for purposes of the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
Author: Carla J. Stovall
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The Takings Clause of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. A moratorium on new water pollution control permits for new confined feeding facilities would not effect a compensable taking pursuant to the per se category of invasive takings which are those governmental regulations that compel the property owner to suffer a physical invasion of his property. Nor does it appear that a moratorium on new water pollution control permits for new confined feeding facilities would constitute a compensable taking pursuant to the per se category of economic takings which are those governmental regulations that ban all economically beneficial uses of land. Whether such a moratorium would result in a compensable taking for failure to substantially advance a legitimate state interest depends on (1) the nature of the governmental action, (2) the severity of the economic impact on the affected property owner and (3) the degree of interference with the affected property owner's reasonable investment-backed expectations. Cited herein: U.S. Const., Amends. V and XIV; K.S.A. 1997 Supp. 65-171d; K.A.R. 28-18-2; 28-18-3.
Author: Carla J. Stovall
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K.S.A. 14-1302, which prohibits under certain conditions a city commission from appointing one of its former members to a city office, is subject to charter ordinance because it does not apply uniformly to all cities. However, the common law may still preclude a city commission from appointing one of its members to the office of city manager even if the member resigns his commission position unless the charter ordinance contains specific provisions that have the effect of abrogating the common law prohibition. Cited herein: K.S.A. 12-1011; 12-1014; 14-1302.
Author: Carla J. Stovall
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A series of meetings or communications between members of a public body, each of which may involve less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, the purpose of which is to discuss a common topic of the business or affairs of that body so that the views of the members are exchanged in an interactive dialogue, constitutes a meeting for purposes of the Kansas Open Meetings Act. The communications need not be direct for the Act to apply, but must be at the direction or behest of the members of the body. Whether a series of communications is a violation of the Act is very fact specific, and each situation must be decided on its facts. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
Author: Carla J. Stovall
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For purposes of calculating a defendant's criminal history, the language of K.S.A. 1997 Supp. 21-4711(a) manifests the intent of the Legislature that every three prior adult convictions or juvenile adjudications of assault occurring within any period of three years shall be rated as one adult conviction or one juvenile adjudication of a person felony. Cited herein: K.S.A. 21-3408; 21-4701; K.S.A. 1997 Supp. 21-4711.
Author: Carla J. Stovall
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A person who distributes hypodermic needles in a needle exchange program with reasonable knowledge that the needles will be used to inject a controlled substance into the human body, risks violating K.S.A. 1997 Supp. 65-4153. Cited herein: K.S.A. 21-3209; 65-101; 65-202; 65-301; 65-4150; K.S.A. 1997 Supp. 65-4153; K.S.A. 65-6003; L. 1988, Ch. 232, sections 1-9.
