The following actions shall be brought within two (2) years:
An action arising out of the rendering of or failure to render professional services by a health care provider, not arising on contract.
A cause of action arising out of the rendering of or the failure to render professional services by a health care provider shall be deemed to have accrued at the time of the occurrence of the act giving rise to the cause of action, unless the fact of injury is not reasonably ascertainable until some time after the initial act, then the period of limitation shall not commence until the fact of injury becomes reasonably ascertainable to the injured party, but in no event shall such an action be commenced more than four years beyond the time of the act giving rise to the cause of action.
The term "health care provider" means a person licensed to practice any branch of the healing arts, a person who holds a temporary permit to practice any branch of the healing arts, a person engaged in a post-graduate training program approved by the state board of healing arts, a licensed medical care facility, a health maintenance organization, a licensed dentist, a licensed professional nurse, a licensed practical nurse, a licensed optometrist, a licensed podiatrist, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this section, a licensed pharmacist or a registered physical therapist.
P.W.P. v. L.S., 969 P.2d 896, 901 (Kan. 1998). (The court dismissed, as time-barred, of a psychiatric malpractice claim, in part because the transference phenomenon did not toll the two-year malpractice statute of limitations.)
Stephens v. Snyder Clinic Ass'n, 230 Kan. 115, 631 P.2d 222 (1981). (Amendment of statute changing the discovery period from ten years to four years in actions against health care providers was held not to be unconstitutional and to bar an action for insertion of an IUD which became displaced and migrated causing injury.)