74-3268. Periods of time when service obligation postponed or satisfied.

575 words·~3 min read·/ks/chapter-74/74-3268

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266 , and amendments thereto, shall be postponed during any period of time:

(1)Of required active military service;

(2)of service as a part of volunteers in service to America (VISTA);

(3)of service in the peace corps;

(4)of service commitment to the United States public health service;

(5)of religious missionary work conducted by an organization exempt from tax under section 501(c)(3) of the federal internal revenue code as in effect on December 31, 2000;

(6)the person obligated is engaged solely in the teaching of medicine;

(7)the person obligated is engaged solely in medical research;

(8)the person obligated is unable because of temporary medical disability to practice medicine and surgery;

(9)the person obligated is on job-protected leave under the federal family and medical leave act of 1993;

(10)the state board of regents determines that the person obligated is unable because of special circumstances to practice medicine and surgery; or

(11)not longer than one year during which the person participates in a healthcare-related fellowship program.

(b)Except for subsection (a)(8),

(9)and (10), an obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266 , and amendments thereto, shall not be postponed more than five years from the time the practice of medicine and surgery was to have been commenced under any such agreement. An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266 , and amendments thereto, shall be postponed under subsection (a)(8) during the period of time the medical disability exists. An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266 , and amendments thereto, shall be postponed under subsection (a)(9) during the period of time the person obligated remains on FMLA leave. An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266 , and amendments thereto, shall be postponed under subsection (a)(10) during the period of time the state board of regents determines that the special circumstances exist. The state board of regents shall adopt rules and regulations prescribing criteria or guidelines for determination of the existence of special circumstances causing an inability to practice medicine and surgery, and shall determine the documentation required to prove the existence of such circumstances.

(c)An obligation to engage in the practice of medicine and surgery in accordance with an agreement under K.S.A. 74-3266 , and amendments thereto, shall be satisfied:

(1)If the obligation to engage in the practice of medicine and surgery has been completed in accordance with the agreement;

(2)if the person obligated dies;

(3)if, because of permanent physical disability, the person obligated is unable to practice medicine and surgery;

(4)if the person obligated fails to satisfy the requirements for a degree of doctor of osteopathy after making the best effort possible to obtain such degree; or

(5)if the person obligated fails to satisfy all requirements for a permanent license to practice medicine and surgery in Kansas or any other jurisdiction or has been denied a license after the person has applied for a license and has made the best effort possible to obtain a license.