CHAPTER 36
House Bill No. 2702
(Amended by Chapter 155)
An Act concerning health professions and practices; relating to physician assistant practice agreements; providing that applicants for a physician assistant license submit to a criminal history record check; providing for the collaboration between a physician and a physician assistant; requiring the revocation of a physician assistant license under certain circumstances; amending K.S.A. 65-28,127, 65-28a01, 65-28a02, 65-28a03, 65-28a04, 65-28a05, 65-28a06, 65-28a08, 65-28a09 and 65-28a11 and K.S.A. 2025 Supp. 22-4714 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As part of an original application for licensure as a physician assistant or reinstatement of a license or in connection with any investigation of any holder of a license or certificate, the state board of healing arts may require an applicant to be fingerprinted and submit to a state and national criminal history record check pursuant to K.S.A. 22-4714, and amendments thereto.
(b) The state board of healing arts may fix and collect a fee as may be required by the board in an amount necessary to reimburse the board for the cost of conducting the fingerprinting and criminal history record check. Any moneys collected pursuant to this subsection shall be deposited in the state treasury and credited to the healing arts fee fund.
(c) This section shall be a part of and supplemental to the physician assistant licensure act.
Sec. 2. K.S.A. 2025 Supp. 22-4714 is hereby amended to read as follows: 22-4714. (a) A governmental agency other than a criminal justice agency as defined in K.S.A. 22-4701, and amendments thereto, identified in subsection (b) may require a person to be fingerprinted and shall submit such fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a search of the state and federal database. Fingerprints provided pursuant to this section may be used to identify a person and to determine whether such person has a record of criminal history in this state or in another jurisdiction. An agency identified in subsection (b) may use the information obtained from the criminal history record check for the purposes of verifying the identification of a person and in the official determination of the qualifications and fitness of such person to be issued or maintain employment, licensure, registration, certification or a permit, act as an agent of a licensee, hold ownership of a licensee or serve as a director or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions, adult expunged records, juvenile adjudications, juvenile non-adjudications, juvenile diversions and juvenile expunged records to:
(A) The Kansas department for children and families or the Kansas department for aging and disability services for initial or continuing employment or participation in any program administered for the placement, safety, protection or treatment of vulnerable children or adults as described in K.S.A. 75-53,105, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A. 75-7b01, and amendments thereto, in connection with such application as described in K.S.A. 75-7b04 and 75-7b17, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-7c02, and amendments thereto, in connection with such application as described in K.S.A. 75-7c05, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-7b01, and amendments thereto, in connection with such application for certification as described in K.S.A. 75-7b21, and amendments thereto; and
(E) the attorney general for applicants as defined in K.S.A. 7e01, and amendments thereto, in connection with such application as described in K.S.A. 75-7e03, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions, adult expunged records and juvenile expunged records to:
(A) The state lottery for candidates for employees as defined in K.S.A. 74-8702, and amendments thereto, in connection with such employment as described in K.S.A. 74-8704, and amendments thereto; and
(B) the Kansas racing and gaming commission for candidates for employees or licensees as defined in K.S.A. 74-8802, and amendments thereto, in connection with such employment or license as described in K.S.A. 74-8804, and amendments thereto, including an applicant for a simulcasting license.
(3) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions, adult expunged records, juvenile adjudications, juvenile non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as defined in K.S.A. 65-6129, and amendments thereto, in connection with such application as described in K.S.A. 65-6129, and amendments thereto;
(B) the department of administration for candidates for sensitive employees as defined in K.S.A. 75-3707e, and amendments thereto, in connection with such employment as described in K.S.A. 75-3707e, and amendments thereto; and
(C) the state gaming agency for candidates for employees and licensees as defined in K.S.A. 74-9802, and amendments thereto, in connection with such employment or license as described in K.S.A. 74-9805, and amendments thereto.
(4) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions and adult expunged records to:
(A) The supreme court and state board of law examiners for applicants as defined in K.S.A. 7-127, and amendments thereto, in connection with such application as described in K.S.A. 7-127, and amendments thereto; and
(B) the commission on peace officers’ standards and training for applicants for certification under the Kansas law enforcement training act as described in K.S.A. 74-5607, and amendments thereto.
(5) The Kansas bureau of investigation shall release criminal history record information related to adult convictions, adult non-convictions, adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of commerce for a candidate for boxing commission as defined in K.S.A. 74-50,182, and amendments thereto, in connection with such appointment as described in K.S.A. 74-50,184, and amendments thereto;
(B) the secretary of health and environment for employees at a child care facility as defined in K.S.A. 65-503, and amendments thereto, in connection with such employment as described in K.S.A. 65-516, and amendments thereto;
(C) the secretary of commerce for final applicants for a sensitive position or employees in a sensitive position as defined in K.S.A. 2025 Supp. 74-5005a, and amendments thereto, in connection with such employment as described in K.S.A. 2025 Supp. 74-5005a, and amendments thereto;
(D) the secretary of labor for employees as defined in K.S.A. 75-5702, and amendments thereto, in connection with such employment as described in K.S.A. 75-5702, and amendments thereto; and
(E) the state bank commissioner for any officer, partner, member, owner, principal or director of an applicant or registrant in connection with such application or registration as described in K.S.A. 2025 Supp. 9-2411, and amendments thereto.
(6) The Kansas bureau of investigation shall release criminal history record information related to adult convictions and juvenile adjudications to:
(A) The secretary for aging and disability services for applicants as defined in K.S.A. 39-970, and amendments thereto, in connection with such application as described in K.S.A. 39-970, and amendments thereto;
(B) the Kansas department for aging and disability services for applicants as defined in K.S.A. 39-2009, and amendments thereto, in connection with such application as described in K.S.A. 39-2009, and amendments thereto; and
(C) the secretary for aging and disability services for applicants as defined in K.S.A. 65-5117, and amendments thereto, in connection with such application as described in K.S.A. 65-5117, and amendments thereto.
(7) The Kansas bureau of investigation shall release criminal history record information related to adult convictions and adult non-convictions to:
(A) The division of motor vehicles within the department of revenue for applicants for reinstatement of a license to drive a commercial motor vehicle as described in K.S.A. 8-2,142, and amendments thereto;
(B) the board of examiners in optometry for applicants or licensees as defined in K.S.A. 65-1501, and amendments thereto, in connection with such application or an investigation as described in K.S.A. 65-1505, and amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in K.S.A. 65-1626, and amendments thereto, in connection with such application or license as described in K.S.A. 65-1696, and amendments thereto;
(D) the state board of healing arts for applicants or licensees as defined in K.S.A. 65-2802, and amendments thereto, in connection with such application or an investigation as described in K.S.A. 65-28,129, and amendments thereto;
(E) the state board of healing arts for applicants or licensees as defined in K.S.A. 65-2901, and amendments thereto, in connection with such application or an investigation as described in K.S.A. 65-2924, and amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-1112, and amendments thereto, in connection with such application as described in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as defined in K.S.A. 74-7511, and amendments thereto, in connection with such application or license as described in K.S.A. 74-7511, and amendments thereto;
(H) the state lottery for a vendor to whom a major procurement contract is to be awarded in connection with an investigation as described in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions subject to confirmation by the senate and judicial appointees as described in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and amendments thereto, for nongubernatorial appointees as described in K.S.A. 75-4315d, and amendments thereto;
(K) the Kansas real estate commission for applicants as defined in K.S.A. 58-3035, and amendments thereto, or for licensees as defined in K.S.A. 58-3035, and amendments thereto, in connection with an investigation as described in K.S.A. 58-3039, and amendments thereto;
(L) the insurance commissioner for applicants for licensure as an insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in connection with such application as described in K.S.A. 40-4905, and amendments thereto;
(M) the insurance commissioner for applicants as defined in K.S.A. 40-5501, and amendments thereto, in connection with such application as described in K.S.A. 40-5505, and amendments thereto; and
(N) the state bank commissioner for applicants in control of a licensee, licensees or key individuals as defined in K.S.A. 2025 Supp. 9-555, and amendments thereto, in connection with such application as described in K.S.A. 2025 Supp. 9-565, and amendments thereto; and
(O) the state board of healing arts for applicants or licensees as defined in K.S.A. 65-28a01, and amendments thereto, in connection with such application or investigation pursuant to section 1, and amendments thereto.
(8) The Kansas bureau of investigation shall release criminal history record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined in K.S.A. 2-3901, and amendments thereto, in connection with such employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture for applicants for licensure as a hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in connection with such application as described in K.S.A. 2-3906, and amendments thereto;
(C) the office of state fire marshal for applicants for registration as a hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in connection with such application as described in K.S.A. 2-3907, and amendments thereto;
(D) the department of agriculture for hemp destruction employees as defined in K.S.A. 2-3901, and amendments thereto, in connection with such employment as described in K.S.A. 2-3911, and amendments thereto;
(E) the bank commissioner for any applicant as defined in K.S.A. 9-508, and amendments thereto, in connection with such application as described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a new executive officer or director with a money transmitter company as described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A. 9-1719, and amendments thereto, in connection with such application as described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee as defined in K.S.A. 9-2201, and amendments thereto, in connection with such application, registration or license as described in K.S.A. 9-2209, and amendments thereto;
(I) the state banking board for any officer, director or organizer of a proposed fiduciary financial institution as defined in K.S.A. 9-2301, and amendments thereto, in connection with such role as described in K.S.A. 9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-104, and amendments thereto, in connection with such application as described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as defined in K.S.A. 17-2234, and amendments thereto, in connection with such employment as described in K.S.A. 17-2234, and amendments thereto;
(M) the division of alcoholic beverage control within the department of revenue for applicants as defined in K.S.A. 41-102, and amendments thereto, in connection with such application as described in K.S.A. 41-311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A. 46-1103, and amendments thereto, in connection with such employment as described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-1126, and amendments thereto, in connection with such license as described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in K.S.A. 58-4102, and amendments thereto, in connection with an application or investigation as described in K.S.A. 58-4127, and amendments thereto;
(Q) the real estate appraisal board for applicants as defined in K.S.A. 58-4703, and amendments thereto, in connection with such application as described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as defined in K.S.A. 65-2401, and amendments thereto, in connection with such employment as described in K.S.A. 65-2402, and amendments thereto;
(S) the Kansas office of veterans services for candidates as defined in K.S.A. 73-1210a, and amendments thereto, in connection with an application as described in K.S.A. 73-1210a, and amendments thereto;
(T) a senate standing committee for a member named, appointed or elected to the public employee retirement systems board of trustee membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the department of revenue for employees as defined in K.S.A. 75-5133c, and amendments thereto, in connection with such employment as described in K.S.A. 75-5133c, and amendments thereto;
(V) the division of motor vehicles within the department of revenue for employees as defined in K.S.A. 75-5156, and amendments thereto, in connection with such employment as described in K.S.A. 75-5156, and amendments thereto;
(W) the Kansas commission for the deaf and hard of hearing for applicants as defined in K.S.A. 75-5397f, and amendments thereto, in connection with such application as described in K.S.A. 75-5393a, and amendments thereto;
(X) the Kansas commission for the deaf and hard of hearing for employees as defined in K.S.A. 75-5397f, and amendments thereto, in connection with such employment as described in K.S.A. 75-5393c, and amendments thereto;
(Y) the department of health and environment for employees as defined in K.S.A. 75-5609a, and amendments thereto, in connection with such employment as described in K.S.A. 75-5609a, and amendments thereto; and
(Z) an executive branch agency head for employees as defined in K.S.A. 75-7241, and amendments thereto, in connection with such employment as described in K.S.A. 75-7241, and amendments thereto.
(c) State and local law enforcement agencies shall assist with taking fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall recess into a closed executive session pursuant to K.S.A. 75-4319, and amendments thereto, to receive and discuss criminal history record information obtained pursuant to this section.
(e) The Kansas bureau of investigation may charge a reasonable fee for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information received pursuant to this section shall be confidential and shall not be subject to the provisions of the Kansas open records act, K.S.A. 45-215 et seq., and amendments thereto. The provisions of this paragraph shall expire on July 1, 2029, unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this section for any purpose other than the purpose described in this section shall be a class A nonperson misdemeanor and shall constitute grounds for removal from office.
Sec. 3. K.S.A. 65-28,127 is hereby amended to read as follows: 65-28,127. (a) Every collaborating, supervising or responsible licensee who collaborates with, directs, supervises, orders, refers, accepts responsibility for, enters into written agreements or practice protocols with, or who delegates acts which constitute the practice of the healing arts to other persons shall:
(1) Be actively engaged in the practice of the healing arts in Kansas;
(2) review and keep current any required written or electronic agreements or practice protocols between the collaborating, supervising or responsible licensee and such persons, as may be determined by the board;
(3) collaborate with, direct, supervise, order, refer, enter into a written or electronic agreement or practice protocol with, or delegate to such persons only those acts and functions which that the collaborating, supervising or responsible licensee knows or has reason to believe can be competently performed by such person and is not in violation of any other statute or regulation;
(4) collaborate with, direct, supervise, order, refer, enter into a written or electronic agreement or practice protocol with, or delegate to other persons only those acts and functions which that are within the normal and customary specialty, competence and lawful practice of the collaborating, supervising or responsible licensee;
(5) provide for a qualified, substitute licensee who accepts responsibility for the direction, supervision, delegation and written or electronic agreements or practice protocols with such persons when the supervising or responsible licensee is temporarily absent; and
(6) comply with all rules and regulations of the board establishing limits and conditions on the collaboration, delegation and supervision of services constituting the practice of medicine and surgery.
(b) “Responsible licensee” means a person licensed by the state board of healing arts to practice medicine and surgery or chiropractic who has accepted responsibility for the actions of persons who perform acts pursuant to written agreements or practice protocols with, or at the order of, or referral, direction, supervision or delegation from such responsible licensee.
(c) Except as otherwise provided by rules and regulations of the board implementing this section, the physician assistant licensure act shall govern the direction and supervision of and collaboration with physician assistants by persons licensed by the state board of healing arts to practice medicine and surgery.
(d) Nothing in subsection (a)(4) shall be construed to prohibit a person licensed to practice medicine and surgery from ordering, authorizing or directing anesthesia care by a registered nurse anesthetist pursuant to K.S.A. 65-1158, and amendments thereto.
(e) Nothing in this section shall be construed to prohibit a person licensed to practice medicine and surgery from ordering, authorizing or directing physical therapy services pursuant to K.S.A. 65-2901 et seq., and amendments thereto.
(f) Nothing in this section shall be construed to prohibit a person licensed to practice medicine and surgery from entering into a co-management relationship with an optometrist pursuant to K.S.A. 65-1501 et seq., and amendments thereto.
(g) The board may adopt rules and regulations establishing limits and conditions on the collaboration, delegation and supervision of services constituting the practice of medicine and surgery.
(h) As used in this section, “supervising physician” shall have the meaning ascribed thereto means the same as defined in K.S.A. 65-28a02, and amendments thereto.
(i) This section shall be part of and supplemental to the Kansas healing arts act.
Sec. 4. K.S.A. 65-28a01 is hereby amended to read as follows: 65-28a01. 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 and physician associate licensure act.
Sec. 5. K.S.A. 65-28a02 is hereby amended to read as follows: 65-28a02. (a) The following words and phrases when As used in the physician assistant and physician associate 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 supervising 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 supervising physician of the physician assistant. The term “direction and supervision” shall not be construed to mean that the immediate or physical presence of the supervising physician is required during the performance of the physician assistant“Collaboration” means consultation or referral to the appropriate member of the healthcare team, as indicated by the patient’s condition, the education, experience and competencies of the physician assistant and the standard of care. Collaboration does not require the personal presence of a physician at the time or place the physician assistant provides care.
(3) “Collaborating physician” means a physician who is engaged in a practice agreement in which the physician and physician assistant collaborate to use their complementary training, skill, knowledge, and experience to provide patient care.
(4) “Licensee” means all persons issued a license or temporary license pursuant to the physician assistant and physician associate licensure act.
(5) “License” means any license or temporary license issued pursuant to the physician assistant and physician associate licensure act.
(6) “Healthcare services” means services provided by a physician assistant licensed pursuant to the physician assistant and physician associate licensure act.
(7) “Practice agreement” means a written or electronic document that describes the manner in which a physician assistant will provide healthcare services in accordance with the provisions of the physician assistant and physician associate licensure act.
(8) “Physician” means any person licensed by the state board of healing arts to practice medicine and surgery.
(4)(9) “Physician assistant” or “physician associate” means a person who is licensed to provide healthcare services 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 supervising physician.
(10) “Supervision” means overseeing the activities and healthcare services rendered by a physician assistant. The constant physical presence of the physician is not required if the physician and physician assistant can easily communicate through telecommunication.
(5)(11) “Supervising physician” means prior to January 11, 2016, a responsible physician and on and after January 11, 2016, a physician who has accepted responsibility for the medical services rendered and actions of the physician assistant while performing under the direction and supervision of the supervising physician a physician who has accepted responsibility for the healthcare services rendered by and actions of the physician assistant while performing under the direction and supervision of such supervising physician.
(6) “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.
(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.
(9) “Agreement” means, prior to January 11, 2016, protocol and on and after January 11, 2016, agreement.
(b) Prior to January 11, 2016, wherever the term “supervising physician” in connection with the term “physician assistant,” or words of like effect, appears in any statute, contract or other document, it shall mean responsible physician as defined in subsection (a)(6). On and after January 11, 2016, such term shall mean supervising physician as defined in subsection (a)(5).
Sec. 6. K.S.A. 65-28a03 is hereby amended to read as follows: 65-28a03. (a) There is hereby created a designation of active license. The board is authorized to issue an active license to a physician assistant who makes written application for such license on a form provided by the board and remits the fee for an active license established pursuant to subsection (h). 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 application 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.
(b) All licenses, except temporary licenses, as provided pursuant to K.S.A. 65-28a07, and amendments thereto, shall be canceled on the date of cancellation established by rules and regulations of the board and may be renewed as required by the board. The request for renewal shall be on a form provided by the board and shall be accompanied by the renewal fee established pursuant to this section, which shall be paid not later than the renewal date of the license. The board, prior to renewal of an active license, shall require the licensee to submit to the board evidence satisfactory to the board that the licensee is maintaining a policy of professional liability insurance as required by K.S.A. 40-3402, and amendments thereto, and has paid the premium surcharges as required by K.S.A. 40-3404, and amendments thereto.
(c) At least 30 days before the renewal date of the license of a physician assistant, except a temporary license, as provided pursuant to K.S.A. 65-28a07, and amendments thereto, the board shall notify the licensee of the renewal date by mail addressed to the licensee’s last mailing address as noted upon the office records of the board. If the licensee fails to submit the renewal application and pay the renewal fee by the renewal date of the license, the licensee shall be given notice that the licensee has failed to pay the renewal fee by the renewal date of the license and the license may be renewed only if the renewal fee and the late renewal fee are received by the board within the 30-day period following the renewal date 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).
(d) Any license canceled for failure to renew as herein provided may be reinstated upon recommendation of the board 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.
(e) 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 (h) 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 cancellation, 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) and submit to the board evidence satisfactory to the board that such licensee is maintaining a policy of professional liability insurance as required by K.S.A. 40-3402, and amendments thereto, and has paid the premium surcharges as required by K.S.A. 40-3404, and amendments thereto. The request shall contain such information as required by rules and regulations adopted by the board. The request shall be accompanied by the fee established pursuant to subsection (h).
(f) (1) There is hereby created a designation of federally active license. The board is authorized to issue a federally active license to any licensed physician assistant who makes written application for such license on a form provided by the board and remits the same fee required for a federally active license established under subsection (h). The board may issue a federally active license only to a person who meets all of the requirements for a license to practice as a physician assistant in Kansas 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. A person issued a federally active license may engage in limited practice outside of the course of federal employment consistent with the scope of practice of exempt licensees under subsection (g), except that the scope of practice of a federally active licensee shall be limited to the following:
(A) Performing administrative functions, including peer review, disability determinations, utilization review and expert opinions;
(B) providing direct patient care healthcare services gratuitously or providing supervision, direction or consultation for no compensation except that nothing in this subsection (f)(1)(B) subparagraph shall prohibit a physician assistant issued a federally active license from receiving payment for subsistence allowances or actual and necessary expenses incurred in providing such services; and
(C) rendering professional healthcare services as a charitable health care healthcare provider as defined in K.S.A. 75-6102, and amendments thereto.
(2) The provisions of subsections (c) and (d) of this section relating to continuing education, cancellation, renewal and reinstatement of a license shall be applicable to a federally active license issued under this subsection.
(3) A person who practices under a federally active license shall not be deemed to be rendering professional service as a health care healthcare provider in this state for purposes of K.S.A. 40-3402, and amendments thereto.
(g) (1) There is hereby created a designation of exempt license. The board is authorized to issue an exempt license to any licensed physician assistant who makes written application for such license on a form provided by the board and remits the fee for an exempt license established under subsection (h). The board may issue an exempt license to a person who is not regularly engaged in physician assistant practice in Kansas and who does not hold oneself out to the public as being professionally engaged in such practice. An exempt license shall entitle the holder to all privileges of a physician assistant for which such license is issued. Each exempt license may be renewed subject to the provisions of this section. Each exempt licensee shall be subject to all provisions of the physician assistant licensure act, except as otherwise provided in this subsection (g). The holder of an exempt license may be required to submit evidence of satisfactory completion of a program of continuing education required by this section. The requirements for continuing education for exempt licensees under this section shall be established by rules and regulations adopted by the board. Each exempt licensee may apply for an active license to regularly engage in the practice of a physician assistant upon filing a written application with the board. The request shall be on a form provided by the board and shall be accompanied by the active license fee established pursuant to subsection (h).
(2) For the licensee whose license has been exempt for less than two years, the board shall adopt rules and regulations establishing appropriate continuing education requirements for exempt licensees to become licensed to regularly practice as a physician assistant within Kansas. Any licensee whose license has been exempt for more than two years and who has not been in the active practice as a physician assistant or engaged in a formal educational program since the license has been exempt may be required to complete such additional testing, training or education as the board may deem necessary to establish the licensee’s present ability to practice with reasonable skill and safety.
(3) Nothing in this subsection (g) shall be construed to prohibit a person holding an exempt license from serving as a paid employee of:
(A) A local health department as defined by K.S.A. 65-241, and amendments thereto; or
(B) an indigent health care healthcare clinic as defined by K.S.A. 75-6102, and amendments thereto.
(h) 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 an active license as a physician assistant, the sum of not more than $200;
(2) for any license by endorsement as a physician assistant, the sum of not more than $200;
(3) for temporary licensure as a physician assistant, the sum of not more than $30;
(4) for the renewal of an active license to practice as a physician assistant, the sum of not more than $150;
(5) for renewal of an inactive license, the sum of not more than $150;
(6) for the late renewal of any license as a physician assistant, the sum of not more than $250;
(7) for reinstatement of a license canceled for failure to renew, the sum of not more than $250;
(8) for a certified statement from the board that a physician assistant is licensed in this state, the sum of not more than $30;
(9) for a federally active license, the sum of not more than $200;
(10) for the exempt license, the sum of not more than $150;
(11) for a copy of the licensure certificate of a physician assistant, the sum of not more than $25; and
(12) for conversion of an inactive license to an active license to actively practice as a physician assistant, the sum of not more than $150.
(i) The board 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.
(j) The board may promulgate adopt all necessary rules and regulations for carrying out the provisions of this act.
Sec. 7. K.S.A. 65-28a04 is hereby amended to read as follows: 65-28a04. (a) No person shall be licensed as a physician assistant by The state board of healing arts unless such person has may grant a physician assistant license to an applicant who:
(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 theSubmits an application on forms approved 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; andpays the appropriate fees as determined by the board;
(3) has successfully completed an educational program for physician assistants or physician associates accredited by the accreditation review commission on education for the physician assistant or, prior to 2001, either by the committee on allied health education and accreditation or the commission on accreditation of allied health education programs;
(4) has passed the physician assistant national certifying examination administered by the national commission on certification of physician assistants;
(5) has no license as a physician assistant that is currently under discipline, revocation, suspension or probation for cause resulting from the applicant’s practice as a physician assistant, unless the board considers such condition and agrees to licensure; and
(6) 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.
(b) The board may also grant a license to an applicant who:
(1) Does not meet the educational requirement specified in subsection (a)(3), but who prior to 1986, passed the physician assistant national certifying examination administered by the national commission on certification of physician assistants; and
(2) presents to the state board of healing arts proof that such 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.
(c) 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.
(c)(d) 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.
(d) 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.
Sec. 8. K.S.A. 65-28a05 is hereby amended to read as follows: 65-28a05. 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:
(a) The licensee has committed an act of unprofessional conduct as defined by rules and regulations adopted by the board;
(b) the licensee has obtained a license by means of fraud, deception, misrepresentations or concealment of material facts;
(c) the licensee has committed an act of professional incompetency as defined by rules and regulations adopted by the board been convicted of a felony, class A misdemeanor or a substantially similar offense in this or another jurisdiction, whether or not such conviction is related to the practice of healing arts, or such licensee has been convicted in a special or general court-martial, whether or not such conviction is related to the practice of healing arts. The board shall revoke a licensee’s license following the conviction of a felony, a substantially similar offense in another jurisdiction or a general court-martial occurring on or after July 1, 2000, unless a two-thirds majority of the board members present and voting determine by clear and convincing evidence that such licensee will not pose a threat to the public in the capacity of a licensee and that such licensee has been sufficiently rehabilitated to warrant the public trust. If a person who has been convicted of a felony or in a general court-martial applies for an original license or to reinstate a canceled license, the application for such person shall be denied unless a two-thirds majority of the board members present and voting on such application determined by clear and convincing evidence that such applicant will not pose a threat to the public in the capacity of a licensee and that such applicant has been sufficiently rehabilitated to warrant public trust;
(d) the licensee has been convicted of a felony;
(e) the licensee has violated any provision of this act, and amendments thereto, or any other laws governing licensed healthcare professionals or any stipulation or agreement of the board;
(f)(e) the licensee has violated any lawful order or rule and regulation of the board or other regulations governing licensed healthcare professionals or any stipulation or agreement of the board;
(g)(f) the licensee has been found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or is incompetent to stand trial by a court of competent jurisdiction;
(h)(g) the licensee has violated a federal law or regulation relating to controlled substances;
(i)(h) the licensee has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a peer review body, a health care healthcare facility, a professional association or society, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(j)(i) the licensee has surrendered a license or authorization to practice as a physician assistant in another state or jurisdiction, has surrendered the authority to utilize controlled substances issued by any state or federal agency, has agreed to a limitation to or restriction of privileges at any medical care facility or has surrendered the licensee’s membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(k)(j) the licensee has failed to report to the board the surrender of the licensee’s license or authorization to practice as a physician assistant in another state or jurisdiction or the surrender of the licensee’s membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(l)(k) the licensee has an adverse judgment, award or settlement against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct which that would constitute grounds for disciplinary action under this section;
(m)(l) the licensee has failed to report to the board any adverse judgment, settlement or award against the licensee resulting from a medical malpractice liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section;
(n)(m) the licensee’s ability to practice with reasonable skill and safety to patients is impaired by reason of physical or mental illness, or condition or use of alcohol, drugs or controlled substances. All information, reports, findings and other records relating to impairment shall be confidential and not subject to discovery by or release to any person or entity outside of a board proceeding;
(o)(n) the licensee has exceeded or has acted outside the scope of authority given the physician assistant by the supervising physician or by this act practice agreement; or
(p)(o) the licensee has assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-5407, 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, prior to its repeal, or K.S.A. 21-5407, 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. 60-4404, and amendments thereto.
(3) A copy of the record of a judgment assessing damages under K.S.A. 60-4405, and amendments thereto.
Sec. 9. K.S.A. 65-28a06 is hereby amended to read as follows: 65-28a06. (a) 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.
(b) 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.
(c) A person who meets the qualifications for licensure under this act but does not possess a current license may use the title “PA”, “physician assistant” or “physician associate” but shall not practice as a physician assistant unless licensed in accordance with the provisions of this act.
(d) 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 that provide for reliance on spiritual means alone for healing.
(4) Physician assistant students while performing professional services in an approved enrolled in a physician assistant education and training program accredited by the accreditation review commission on education for the physician assistant or its successor agency while performing healthcare services under the supervision of an approved instructor.
(5) Persons whose professional healthcare services are performed under the direct and personal supervision or by order of a practitioner who is licensed under the healing arts act.
(6) Other health care healthcare providers licensed, registered, certified or otherwise credentialed by agencies of the state of Kansas.
(7) Persons who practice as Physician assistants solely in the course of employment or active duty in the United States government or any of its departments, bureaus or agencies employed in the service of the federal government while performing duties pursuant to that employment.
(d)(e) Any person violating the provisions of this section shall be guilty of a class B nonperson misdemeanor.
Sec. 10. K.S.A. 65-28a08 is hereby amended to read as follows: 65-28a08. (a) The practice of A physician assistant shall include medical may provide healthcare services within the education, training and, experience of the physician assistant that are delegated by the supervising physician. Physician assistants practice in a dependent role with a supervising physician, and may perform those duties and responsibilities through delegated authority or written agreement. Medical services rendered by physician assistants may be performed in any setting authorized by the supervising physician, including, but not limited to, clinics, hospitals, ambulatory surgical centers, patient homes, nursing homes and other medical institutions and competence of the physician assistant. A physician assistant shall be responsible for the healthcare services that such physician assistant provides. Healthcare services provided by physician assistants may include, but shall not be limited to:
(1) Obtaining and performing a comprehensive health history and physical examination;
(2) evaluating, diagnosing, managing and providing medical treatment, including prescribing drugs;
(3) ordering and evaluating a diagnostic study and therapeutic procedure;
(4) educating a patient on health promotion and disease prevention;
(5) providing patient consultation or referral;
(6) writing medical orders;
(7) obtaining informed consent;
(8) authenticating any document with the physician assistant’s signature, certificate stamp or endorsement if such document may be authenticated in the same manner by a physician;
(9) pronounce death; and
(10) supervise, delegate and assign therapeutic measures to licensed or unlicensed personnel.
(b) (1) A physician assistant may:
(A) Prescribe durable medical devices and medical equipment and prescribe, procure or administer any drug. Physician assistants may plan and initiate a therapeutic regimen that includes ordering and prescribing non-pharmacological interventions, including, but not limited to, durable medical equipment and diagnostic support services; and
(B) prescribe, procure and administer drugs, including drugs in schedules II through V of the uniform controlled substances act and all legend drugs.
(2) Any drug that is a controlled substance shall be prescribed, procured or administered in accordance with the uniform controlled substances act. A prescription shall include the name, address and telephone number of the physician assistant.
(3) In order to prescribe controlled substances, a physician assistant shall register with the federal drug enforcement administration and comply with federal drug enforcement administration requirements related to controlled substances.
(4) A physician assistant may request, receive and sign for professional samples and may distribute professional samples to patients.
(5) 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.
(6) All dispensing activities of a physician assistant shall:
(A) Comply with appropriate state and federal regulations;
(B) occur when pharmacy services are not reasonably available, when it is in the best interests of the patient or during an emergency; and
(C) include any medication that may be dispensed by a physician.
(c) Consistent with the scope of practice, physician assistants may certify the health or disability of a patient as required by a local, state or federal program.
(d) Physician assistants may provide services in healthcare facilities or programs, including, but not limited to, clinics, hospitals, ambulatory surgical centers, patient homes, adult care homes, hospices and other medical institutions.
(e) A physician assistant shall 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.
(f) A physician assistant shall not perform any healthcare service, act or procedure that is not authorized by applicable law.
(b) (1) 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 supervising physician’s direction and supervision. A physician assistant may prescribe drugs pursuant to a written agreement as authorized by the supervising physician.
(2) On and after January 11, 2016, a physician assistant, when authorized by a supervising physician, may dispense prescription-only drugs:
(A) In accordance with rules and regulations adopted by the board governing prescription-only drugs;
(B) when dispensing such prescription-only drugs is in the best interests of the patient and pharmacy services are not readily available; and
(C) if such prescription-only drugs do not exceed the quantity necessary for a 72-hour supply.
(c)(g) Before a physician assistant shall perform under the direction and supervision of a supervising physician, suchA physician assistant licensed under this act shall be identified to the patient and others involved in providing the patient services as a physician assistant to the supervising physician use the title of “PA”, “physician assistant” or “physician associate” when engaged in professional activities requiring a physician assistant license. Physician assistants licensed under the provisions of this act shall keep such person’s 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.
(h) A physician assistant who attests to having 4,000 hours or more of postgraduate clinical experience, and has not had a disciplinary action taken against such licensee’s license pursuant to K.S.A. 65-28a05, and amendments thereto, may practice in collaboration with a physician or physician group pursuant to a practice agreement that is kept on file at the practice site and made available to the board upon request. Such physician assistant shall collaborate with, consult with or refer to the appropriate member of the healthcare team as indicated by the patient’s condition, the education, experience and competencies of the physician assistant and the standard of care. The terms, conditions and limitations of collaboration shall be determined by the collaborating physician or the collaborating physician group and physician assistant. If such collaboration takes place in a licensed healthcare facility, then the terms, conditions and limitations of collaboration shall be determined by the collaborating physician, collaborating physician group, physician assistant and the credentialing and privileging systems of such licensed healthcare facility.
(i) Except as provided by this subsection, after the effective date of this act, any physician assistant in a written practice agreement with a collaborating physician is authorized to continue to practice for not more than 180 days, with board approval, after the loss or absence of a collaborating physician, if such physician assistant:
(1) Has not had a disciplinary action taken against such licensee’s license pursuant to K.S.A. 65-28a05, and amendments thereto; and
(2) seeks any necessary collaboration for patients who require healthcare services beyond the training and experience of the physician assistant through referral patterns established with a physician or other healthcare providers as indicated by the patient’s condition. Upon request and approval by the board, such physician assistant may be granted one extension of up to an additional 180 days to continue practicing.
(j) A physician assistant with fewer than 4,000 hours of postgraduate clinical experience shall practice with physician supervision under the terms of a written practice agreement.
(d)(k) (1) The board shall adopt rules and regulations to be effective January 11, 2016, governing that govern the practice of physician assistants, including the delegation, direction and supervision and responsibilities of a collaborating physician, collaborating physician group or supervising physician. Such rules and regulations shall establish conditions and limitations as the board determines to be necessary to protect the public health and safety, and may include a limit upon the number of physician assistants that a supervising physician is able to safely and properly supervise. In developing rules and regulations relating to the practice of 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 supervising physicians practice, and the needs of the geographic area of the state in which the physician assistant and the supervising physician practice and the differing degrees of direction and supervision by a supervising physician appropriate for such settings and areas.
(2) The board shall adopt rules and regulations governing the prescribing of drugs by physician assistants and the responsibilities of the supervising 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 supervising physicians practice, the degree of direction and supervision to be provided by a supervising physician and the needs of the geographic area of the state in which the supervising physician’s physician assistant and the supervising physician practice. In all cases in which a physician assistant is authorized to prescribe drugs by a supervising physician, a written agreement between the supervising 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 supervising 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 supervising physician in the prescribing of drugs.
(e) The physician assistant may request, receive and sign for professional samples and may distribute professional samples to patients pursuant to a written agreement as authorized by the supervising physician. In order to prescribe or dispense controlled substances, the physician assistant shall register with the federal drug enforcement administration.
(f) 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.
(g) Prior to January 11, 2016, 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 subsection shall not apply to services performed in a medical care facility, as defined in K.S.A. 65-425, and amendments thereto. The provisions of this subsection shall expire on January 11, 2016.
Sec. 11. K.S.A. 65-28a09 is hereby amended to read as follows: 65-28a09. (a) If a supervising physician temporarily leaves such physician’s customary location of practice, the supervising physician shall, by prior arrangement, name another supervising physician who shall provide direction and supervision to the physician assistant.
(b) A physician assistant with a supervision practice agreement shall not perform professional healthcare services pursuant to this act unless the name, address and signature of each supervising physician and on the form required under subsection (a)(2) of K.S.A. 65-28a03, and amendments thereto, have agreement has been provided to the board. A supervising physician and physician assistant shall notify the board when supervision and direction of the physician assistant a practice agreement has terminated. The board shall provide forms for identifying each supervising physician and for giving notice that direction and supervision a practice agreement has terminated. These forms may direct that additional information be provided, including a copy of any written agreements, as required by rules and regulations adopted by the board.
Sec. 12. K.S.A. 65-28a11 is hereby amended to read as follows: 65-28a11. (a) There is established a physician assistant council to advise the board in carrying out the provisions of K.S.A. 65-28a01 through 65-28a09, 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 in a practice agreement with a physician assistant appointed by the board who is a supervising physician for a physician assistant; one member shall be the president of the board or a person designated by the president; and three members shall be licensed physician assistants with active licenses 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 associates 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 board shall serve at the pleasure of the board. A member designated by the president of the board shall serve at the pleasure of the president.
(b) 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(e), and amendments thereto, from the healing arts fee fund.
Sec. 13. K.S.A. 65-28,127, 65-28a01, 65-28a02, 65-28a03, 65-28a04, 65-28a05, 65-28a06, 65-28a08, 65-28a09 and 65-28a11 and K.S.A. 2025 Supp. 22-4714 are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after January 1, 2027, and its publication in the statute book.
Approved April 3, 2026.
