Back to Kansas

HB2702 • 2026

Providing that applicants for a physician assistant license submit to a criminal record check, providing for the collaboration between physicians and physician assistants and requiring the revocation of a physician assistant license under certain circumstances.

Providing that applicants for a physician assistant license submit to a criminal record check, providing for the collaboration between physicians and physician assistants and requiring the revocation of a physician assistant license under certain circumstances.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Last action
2026-04-09
Official status
Approved by Governor on Friday, April 3, 2026
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Providing that applicants for a physician assistant license submit to a criminal record check, providing for the collaboration between physicians and physician assistants and requiring the revocation of a physician assistant license under certain circumstances.

Providing that applicants for a physician assistant license submit to a criminal record check, providing for the collaboration between physicians and physician assistants and requiring the revocation of a physician assistant license under certain circumstances.

What This Bill Does

  • Providing that applicants for a physician assistant license submit to a criminal record check, providing for the collaboration between physicians and physician assistants and requiring the revocation of a physician assistant license under certain circumstances.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-04-09 House

    Approved by Governor on Friday, April 3, 2026

  2. 2026-03-24 House

    Enrolled and presented to Governor on Tuesday, March 24, 2026

  3. 2026-03-18 Senate

    Final Action - Passed; Yea 40, Nay 0

  4. 2026-03-17 Senate

    Committee of the Whole - Be passed

  5. 2026-03-11 Senate

    Committee Report recommending bill be passed by Senate Committee on Public Health and Welfare

  6. 2026-03-10 Senate

    Hearing: Tuesday, March 10, 2026, 8:30 AM — Room 142-S event

  7. 2026-02-26 Senate

    Referred to Senate Committee on Public Health and Welfare

  8. 2026-02-25 Senate

    Received and Introduced

  9. 2026-02-19 House

    Final Action - Passed as amended; Yea 120, Nay 2, Absent 3

  10. 2026-02-18 House

    Committee of the Whole - Be passed as amended

Official Summary Text

Providing that applicants for a physician assistant license submit to a criminal record check, providing for the collaboration between physicians and physician assistants and requiring the revocation of a physician assistant license under certain circumstances.

Current Bill Text

Read the full stored bill text
HOUSE BILL No. 2702
AN A CT 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:
HOUSE BILL No. 2702—page 2
(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:
HOUSE BILL No. 2702—page 3
(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
HOUSE BILL No. 2702—page 4
(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
HOUSE BILL No. 2702—page 5
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;
HOUSE BILL No. 2702—page 6
(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
HOUSE BILL No. 2702—page 7
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
HOUSE BILL No. 2702—page 8
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
HOUSE BILL No. 2702—page 9
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
HOUSE BILL No. 2702—page 10
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;
HOUSE BILL No. 2702—page 11
(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
HOUSE BILL No. 2702—page 12
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
HOUSE BILL No. 2702—page 13
(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 "P A",
"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.
HOUSE BILL No. 2702—page 14
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
HOUSE BILL No. 2702—page 15
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, such A 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 "P A", "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.
HOUSE BILL No. 2702—page 16
(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,
HOUSE BILL No. 2702—page 17
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.
HOUSE BILL No. 2702—page 18
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.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.

Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.