Kansas Physician Assistants Licensure Act

Chapter 65 - PUBLIC HEALTH

Article 28a - PHYSICIAN ASSISTANTS

65-28a01. Physician assistant licensure act; citation.

K.S.A. 65-28a01 to 65-28a12, inclusive, and amendments thereto, of this act shall be known and may be cited as the physician assistant licensure act.

History: L. 2000, ch. 162, 1; Feb. 1, 2001.

65-28a02. Definitions

The following words and phrases when used in the physician assistant licensure act shall have the meanings respectively ascribed to them in this section:
1. "Board" means the state board of healing arts.
2. "Direction and supervision" means the guidance, direction and coordination of activities of a physician assistant by such physician assistant?s responsible or designated physician, whether written or verbal, whether immediate or by prior arrangement, in accordance with standards established by the board by rules and regulations, which standards shall be designed to ensure adequate direction and supervision by the responsible or designated physician of the physician assistant. The term "direction and supervision" shall not be construed to mean that the immediate or physical presence of the responsible or designated physician is required during the performance of the physician assistant.
3. "Physician" means any person licensed by the state board of healing arts to practice medicine and surgery.
4. "Physician assistant" means a person who is licensed in accordance with the provisions of K.S.A. 65-28a04 and amendments thereto and who provides patient services under the direction and supervision of a responsible physician.
5. "Responsible physician" means a physician who has accepted continuous and ultimate responsibility for the medical services rendered and actions of the physician assistant while performing under the direction and supervision of the responsible physician.
6. "Designated physician" means a physician designated by the responsible physician to ensure direction and supervision of the physician assistant.
7. "Licensee" for purposes of the physician assistant licensure act, means all persons issued a license or temporary license pursuant to the physician assistant licensure act.
8. "License" for purposes of the physician assistant licensure act, means any license or temporary license granted by the physician assistant licensure act.

History: L. 2000, ch. 162, 2; Feb. 1, 2001.

65-28a03. List of names; renewal of license; canceled licenses; inactive licenses; reinstatement of license; federally active licenses; fees; rules and regulations.

As a condition of engaging in active practice as a physician assistant, each licensed physician assistant shall file a request to engage in active practice signed by the physician assistant and the physician who will be responsible for the physician assistant. The request shall contain such information as required by rules and regulations adopted by the board. The board shall maintain a list of the names of physician assistants who may engage in active practice in this state.
All licenses, except temporary licenses, shall expire on the date of expiration established by rules and regulations of the state board of healing arts and may be renewed as required by the board. The request for renewal shall be on a form provided by the state board of healing arts and shall be accompanied by the renewal fee established pursuant to this section, which shall be paid not later than the expiration date of the license.
At least 30 days before the expiration of the license of a physician assistant, except a temporary license, the state board of healing arts shall notify the licensee of the expiration by mail addressed to the licensee?s last mailing address as noted upon the office records of the board. If the licensee fails to pay the renewal fee by the date of expiration of the license, the licensee shall be given a second notice that the licensee?s license has expired and the license may be renewed only if the renewal fee and the late renewal fee are received by the state board of healing arts within the 30-day period following the date of expiration and that, if both fees are not received within the 30-day period, the license shall be deemed canceled by operation of law without further proceedings for failure to renew and shall be reissued only after the license has been reinstated under subsection (d).
Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the state board of healing arts and upon payment of the reinstatement fee and upon submitting evidence of satisfactory completion of any applicable continuing education requirements established by the board. The board shall adopt rules and regulations establishing appropriate continuing education requirements for reinstatement of licenses canceled for failure to renew.
There is hereby created the designation of inactive license. The board is authorized to issue an inactive license to any licensee who makes written application for such license on a form provided by the board and remits the fee for an inactive license established pursuant to subsection (g) of this section. The board may issue an inactive license only to a person who meets all the requirements for a license to practice as a physician assistant and who does not engage in active practice as a physician assistant in the state of Kansas. An inactive license shall not entitle the holder to engage in active practice. The provisions of subsections (c) and (d) of this section relating to expiration, renewal and reinstatement of a license shall be applicable to an inactive license issued under this subsection. Each inactive licensee may apply to engage in active practice by presenting a request required by subsection (a). The request shall be accompanied by the fee established pursuant to subsection (g).
There is hereby created a designation of federally active license. The board is authorized to issue a federally active license to any licensee who makes a written application for such license on a form provided by the board and remits the same fee required for a license established under subsection (g). The board may issue a federally active license only to a person who meets all the requirements for a license to practice as a physician assistant and who practices as a physician assistant solely in the course of employment or active duty in the United States government or any of its departments, bureaus or agencies. The provisions of subsections (c) and (d) relating to expiration, renewal and reinstatement of a license shall be applicable to a federally active license issued under this subsection. Each federally active licensee may apply to engage in active practice by presenting a request required by subsection (a) of this section.
The following fees shall be fixed by rules and regulations adopted by the state board of healing arts and shall be collected by the board:
1. For any license as a physician assistant, the sum of not more than $200;
2. for temporary licensure as a physician assistant, the sum of not more than $30;
3. for the renewal of a license to practice as a physician assistant or a federally active license, the sum of not more than $150;
4. for renewal of an inactive license, the sum of not more than $150;
5. for the late renewal of any license as a physician assistant, the sum of not more than $250;
6. for reinstatement of a license canceled for failure to renew, the sum of not more than $250;
7. for a certified statement from the board that a physician assistant is licensed in this state, the sum of not more than $30;
8. for a copy of the licensure certificate of a physician assistant, the sum of not more than $25; and
9. for conversion of an inactive license to a license to actively practice as a physician assistant or a federally active license, the sum of not more than $150.
The state board of healing arts shall remit all moneys received by or for the board under the provisions of this act to the state treasurer and such money shall be deposited in the state treasury, credited to the state general fund and the healing arts fee fund and expended all in accordance with K.S.A. 65-2855 and amendments thereto.
The board may promulgate all necessary rules and regulations for carrying out the provisions of this act.

History: L. 2000, ch. 162, § 3; L. 2004, ch. 117, § 17; July 1

65-28a04. Licensure as a physician assistant, requirements; refusal to license; continuing education; registration to licensure transition.

No person shall be licensed as a physician assistant by the state board of healing arts unless such person has:
1. Presented to the state board of healing arts proof that the applicant has successfully completed a course of education and training approved by the state board of healing arts for the education and training of a physician assistant or presented to the state board of healing arts proof that the applicant has acquired experience while serving in the armed forces of the United States which experience is equivalent to the minimum experience requirements established by the state board of healing arts;
2. passed an examination approved by the state board of healing arts covering subjects incident to the education and training of a physician assistant; and
3. submitted to the state board of healing arts any other information the state board of healing arts deems necessary to evaluate the applicant's qualifications.
The board may refuse to license a person as a physician assistant upon any of the grounds for which the board may revoke such license.
The state board of healing arts shall require every physician assistant to submit with the renewal application evidence of satisfactory completion of a program of continuing education required by the state board of healing arts. The state board of healing arts by duly adopted rules and regulations shall establish the requirements for such program of continuing education as soon as possible after the effective date of this act. In establishing such requirements the state board of healing arts shall consider any existing programs of continuing education currently being offered to physician assistants.
A person registered to practice as a physician assistant immediately prior to the effective date of this act shall be deemed to be licensed to practice as a physician assistant under this act, and such person shall not be required to file an original application for licensure under this act. Any application for registration filed which has not been granted prior to February 1, 2001, shall be processed as an application for licensure under this act.

History: L. 2000, ch. 162, § 4; Feb. 1, 2001.

65-28a05. Revocation, suspension, limitation, censure or denial of license, grounds.

A licensee's license may be revoked, suspended or limited, or the licensee may be publicly or privately censured, or an application for a license or for reinstatement of a license may be denied upon a finding of the existence of any of the following grounds:

The licensee has committed an act of unprofessional conduct as defined by rules and regulations adopted by the board;
the licensee has obtained a license by means of fraud, misrepresentations or concealment of material facts;
the licensee has committed an act of professional incompetency as defined by rules and regulations adopted by the board;
the licensee has been convicted of a felony;
the licensee has violated any provision of this act and amendments thereto;
the licensee has violated any lawful order or rule and regulation of the board;
the licensee has exceeded or has acted outside the scope of authority given the physician assistant by the responsible physician or by this act;
the licensee has assisted suicide in violation of K.S.A. 21-3406 and amendments thereto as established by any of the following:
1. A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406 and amendments thereto.
2. A copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 2000 Supp. 60-4404 and amendments thereto.
3. A copy of the record of a judgment assessing damages under K.S.A. 2000 Supp. 60-4405 and amendments thereto.

History: L. 2000, ch. 162, § 5; Feb. 1, 2001.

65-28a06. Prohibited acts; act not to include certain persons; penalty for violations.

It shall be unlawful for any person who is not licensed under this act or whose license has been revoked or suspended to engage in the practice as a physician assistant as defined by this act.
No person shall use any title, abbreviation, letters, figures, sign, card or device to indicate that any person is a licensed physician assistant, nor shall any person represent oneself to be a licensed physician assistant unless such person has been duly licensed as a physician assistant in accordance with the provisions of this act.
The provisions of this act shall not be construed to include the following persons:
1. Persons rendering gratuitous services in the case of an emergency.
2. Persons gratuitously administering ordinary household remedies.
3. Individuals practicing religious beliefs which provide for reliance on spiritual means alone for healing.
4. Students while performing professional services in an approved physician assistant education and training program who after completing one year's study treat diseases under the supervision of an approved instructor.
5. Students upon the completion of an approved physician assistant education and training program and who, as a part of their academic requirements for a degree, serve a preceptorship not to exceed 90 days under the supervision of a licensed physician.
6. Persons whose professional services are performed under the direct and personal supervision or by order of a practitioner who is licensed under the healing arts act.
7. Other health care providers licensed, registered, certified or otherwise credentialed by agencies of the state of Kansas.
8. Physician assistants in the United States army, navy, air force, public health service, coast guard, other military service and under other federal employment when acting in the line of duty in this state.
Any person violating the provisions of this section shall be guilty of a class B misdemeanor.

History: L. 2000, ch. 162, § 6; Feb. 1, 2001.

65-28a07. Temporary licensure; period of validity.

The state board of healing arts shall provide for the temporary licensure of any physician assistant who has made proper application for licensure, has the required qualifications for licensure, except for examination, and has paid the prescribed license fee. Such temporary license shall authorize the person so licensed to provide patient services within the limits of the temporary license.
A temporary license is valid (1) for one year from the date of issuance or (2) until the state board of healing arts makes a final determination on the applicant's request for licensure. The state board of healing arts may extend a temporary license, upon a majority vote of the members of the board, for a period not to exceed one year.

History: L. 2000, ch. 162, § 7; Feb. 1, 2001.

65-28a08. Practice of physician assistant; direction and supervision of physician; prescription of drugs; identification to patient of physician assistant; rules and regulations; "drug" defined.

The practice of a physician assistant shall include medical services within the education, training and experience of the physician assistant that are delegated by the responsible physician. Physician assistants practice in a dependent role with a responsible physician, and may perform those duties and responsibilities through delegated authority or written protocol. Medical services rendered by physician assistants may be performed in any setting authorized by the responsible physician, including but not limited to, clinics, hospitals, ambulatory surgical centers, patient homes, nursing homes and other medical institutions.
A person licensed as a physician assistant may perform, only under the direction and supervision of a physician, acts which constitute the practice of medicine and surgery to the extent and in the manner authorized by the physician responsible for the physician assistant and only to the extent such acts are consistent with rules and regulations adopted by the board which relate to acts performed by a physician assistant under the responsible physician's direction and supervision. A physician assistant may prescribe drugs pursuant to a written protocol as authorized by the responsible physician.
Before a physician assistant shall perform under the direction and supervision of a physician, such physician assistant shall be identified to the patient and others involved in providing the patient services as a physician assistant to the responsible physician. Physician assistants licensed under the provisions of this act shall keep their license available for inspection at their primary place of business. A physician assistant may not perform any act or procedure performed in the practice of optometry except as provided in K.S.A. 65-1508 and 65-2887 and amendments thereto.
The board shall adopt rules and regulations governing the prescribing of drugs by physician assistants and the responsibilities of the responsible physician with respect thereto. Such rules and regulations shall establish such conditions and limitations as the board determines to be necessary to protect the public health and safety. In developing rules and regulations relating to the prescribing of drugs by physician assistants, the board shall take into consideration the amount of training and capabilities of physician assistants, the different practice settings in which physician assistants and responsible physicians practice, the degree of direction and supervision to be provided by a responsible physician and the needs of the geographic area of the state in which the physician's physician assistant and the responsible physician practice. In all cases in which a physician assistant is authorized to prescribe drugs by a responsible physician, a written protocol between the responsible physician and the physician assistant containing the essential terms of such authorization shall be in effect. Any written prescription order shall include the name, address and telephone number of the responsible physician. In no case shall the scope of the authority of the physician assistant to prescribe drugs exceed the normal and customary practice of the responsible physician in the prescribing of drugs.
The physician assistant may not dispense drugs, but may request, receive and sign for professional samples and may distribute professional samples to patients pursuant to a written protocol as authorized by the responsible physician. In order to prescribe controlled substances, the physician assistant shall register with the federal drug enforcement administration.
As used in this section, "drug" means those articles and substances defined as drugs in K.S.A. 65-1626 and 65-4101 and amendments thereto.

History: L. 2000, ch. 162, § 8; Feb. 1, 2001.

65-28a09. Responsible and designated physician; notice to board when supervision and direction terminated; forms.

If a responsible physician temporarily leaves such physician's customary location of practice, the responsible physician shall, by prior arrangement, name a designated physician who shall provide direction and supervision to the physician assistant of such responsible physician.
A physician assistant shall not perform professional services unless the name, address and signature of each responsible physician and the form required under subsection (a)(2) of K.S.A. 2000 Supp. 65-28a03 and amendments thereto have been provided to the board. A responsible physician shall notify the board when supervision and direction of the physician assistant has terminated. The board shall provide forms for identifying each designated physician and for giving notice that direction and supervision has terminated. These forms may direct that additional information be provided, including a copy of any protocols, as required by rules and regulations adopted by the board.

History: L. 2000, ch. 162, § 9; Feb. 1, 2001.

65-28a10. Limitation on number of physician assistants a responsible physician may direct and supervise.

The board shall limit the number of physician assistants a responsible physician may supervise at any one time to the equivalent of two full-time physician assistants as approved in each case by the board. Any limitation on the number of physician assistants in this section shall not apply to services performed in a medical care facility, as defined in K.S.A. 65-425 and amendments thereto.

History: L. 2000, ch. 162, § 10; L. 2004, ch. 117, § 7; July 1.

65-28a11. Physician assistant council established; appointment of members; payment for attending meetings of council.

There is established a physician assistant council to advise the board in carrying out the provisions of K.S.A. 2000 Supp. 65-28a01 through 65-28a10, inclusive, and amendments thereto. The council shall consist of five members, all citizens and residents of the state of Kansas appointed as follows: One member shall be a physician appointed by the state board of healing arts who is a responsible physician for a physician assistant; one member shall be the president of the state board of healing arts or a person designated by the president; and three members shall be licensed physician assistants appointed by the governor. The governor, insofar as possible, shall appoint persons from different geographical areas and persons who represent various types of practice settings. If a vacancy occurs on the council, the appointing authority of the position which has become vacant shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The Kansas academy of physician assistants shall recommend the names of licensed physician assistants to the governor in a number equal to at least twice the positions or vacancies to be filled, and the governor may appoint members to fill the positions or vacancies from the submitted list. Members of the council appointed by the governor on and after the effective date of this act shall be appointed for terms of three years and until their successors are appointed and qualified except that of the members first appointed by the governor on or after the effective date of this act one shall be appointed for a term of one year, one shall be appointed for a term of two years and one shall be appointed for a term of three years, as designated by the governor. The member appointed by the state board of healing arts shall serve at the pleasure of the state board of healing arts. A member designated by the president of the state board of healing arts shall serve at the pleasure of the president.
Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.

History: L. 2000, ch. 162, § 11; Feb. 1, 2001.

65-28a12. Administrative proceedings; actions to enjoin violations.

All administrative proceedings to revoke, suspend, limit or deny a license, or to censure a licensee, shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
When it appears to the board that any person is violating any of the provisions of this act, the board may bring an action in the name of the state of Kansas in a court of competent jurisdiction for an injunction against such violation without regard to whether proceedings have been or may be instituted before the board or whether criminal proceedings have been or may be instituted.

History: L. 2000, ch. 162, § 12; Feb. 1, 2001.

65-28a13. Physician assistant ownership limitations in professional corporations.

The state board of healing arts shall adopt rules and regulations to limit the percentage of ownership when a licensed physician assistant forms a professional corporation pursuant to K.S.A. 17-2706 et seq., and amendments thereto, in combination with other professional services. ?
This section shall be part of and supplemental to the physician assistant licensure act.

History: L. 2004, ch. 143, § 105; Jan. 1, 2005.