K.A.R. Agency 100 | Kan. Admin. Regs. Agency 100 — State Board of Healing Arts

Article 1 Board of Healing Arts

Kan. Admin. Regs. § 100-1-1 Seals

The board shall have a common seal which shall be used to authenticate all official acts and documents of the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2819 and K.S.A. 65-2865; implementing K.S.A. 65-2819; effective Jan. 1, 1966; amended Feb. 15, 1977; amended Nov. 8, 2024.)

Kan. Admin. Regs. § 100-1-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-1-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Article 2 Officers

Kan. Admin. Regs. § 100-2-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked May 1, 1988.)

Kan. Admin. Regs. § 100-2-2 Term

Each president and vice president shall hold office for a term of one year and until their successors are elected and qualified.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2818; effective Jan. 1, 1966; amended Nov. 8, 2024.)

Kan. Admin. Regs. § 100-2-3 President; duties

(a) The president of the board shall:

(1) preside at all meetings of the board;

(2) countersign the minutes of board meetings when approved; and

(3) perform such duties as otherwise authorized or required by law, or specifically assigned by the board.

(b) The president of the board may:

(1) appoint standing committees as directed by the board; and

(2) appoint subcommittees for special purposes.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2818; effective Jan. 1, 1966; amended May 1, 1988; amended Nov. 8, 2024.)

Kan. Admin. Regs. § 100-2-4 Vice-president; duties

In the absence, recusal, or disability of the president at any regular or special board meeting, the vice-president shall:

(a) Possess all the powers and duties of the president during such meeting for the duration of the absence, recusal, or disability; and

(b) countersign the minutes of such meeting when approved.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2818; effective Jan. 1, 1966; amended Nov. 8, 2024.)

Kan. Admin. Regs. § 100-2-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2818; effective Jan. 1, 1966; amended Feb. 15, 1977; amended May 1, 1979; amended, T-87-42, Dec. 19, 1986; amended May 1, 1987; revoked May 1, 1988.)

Kan. Admin. Regs. § 100-2-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 65-2878; effective Jan. 1, 1970; amended Feb. 15, 1977; revoked May 1, 1988.)

Article 3 Committees (not in active use)

Kan. Admin. Regs. § 100-3-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Feb. 15, 1977; amended May 1, 1979; revoked Nov. 8, 2024.)

Article 4 Vacancies

Kan. Admin. Regs. § 100-4-1 Causes

A vacancy shall occur in any board office for president or vice president when the person holding that office resigns or is no longer a member of the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2818 and 65-2819; effective Jan. 1, 1966; amended Feb. 15, 1977; amended Nov. 8, 2024.)

Kan. Admin. Regs. § 100-4-2 Filling

If a vacancy occurs in the office of president, the vice-president shall act as president until the next regular meeting of the board, at which time one of the members of the board shall be elected to fill such vacancy for the unexpired term.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2818 and 65-2819; effective Feb. 15, 1977; amended Nov. 8, 2024.)

Article 5 Meetings

Kan. Admin. Regs. § 100-5-1 Meetings

Prior to January 1 of each year the board shall designate the dates, times and places of its regular meetings for the next calendar year. Any changes to the dates, times or places of such meetings may be made by the board at any regular meeting or special meeting called for that purpose.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2818 and K.S.A. 65-2819; effective Jan. 1, 1966; amended Feb. 15, 1977; amended May 1, 1988; amended Nov. 8, 2024.)

Kan. Admin. Regs. § 100-5-2 Special meetings

(a) Special meetings may be called by the president at any time.

(b) The president shall call a special meeting when a written request is made by a quorum of the board setting forth an agenda of business to be transacted at that meeting.

(c) Notice of the date, time and place of any special meeting and an agenda of the business to be transacted at that meeting shall be furnished to each member of the board at least two days before the meeting.

(d) No business shall be transacted at a special meeting except as set forth in the agenda for the special meeting.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2819; effective Jan. 1, 1966; amended Feb. 15, 1977; amended May 1, 1988; amended Nov. 8, 2024.)

Kan. Admin. Regs. § 100-5-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, 65-2822; effective Feb. 15, 1977; revoked May 1, 1988.)

Kan. Admin. Regs. § 100-5-4 Order of business

Roll call

Consideration of and action upon minutes of a previous meeting

Approval of agenda

Reports of employees

Reports of officers

Reports of committees

Unfinished business

New business

Adjournment

Parliamentary procedure not covered by these rules shall be governed by Roberts' Rules of Order.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Feb. 15, 1977.)

Article 6 Licenses

Kan. Admin. Regs. § 100-6-1 Granting

Licenses to practice the healing arts in the state of Kansas shall be issued by examination or endorsement to qualified applicants who have complied with the requirements of the laws of the state of Kansas and the rules of this board adopted pursuant thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1973; amended Feb. 15, 1977.)

Kan. Admin. Regs. § 100-6-2 Education and training requirements

(a) Each applicant for licensure by examination in medicine and surgery or osteopathic medicine and surgery who graduates from an accredited or unaccredited school of medicine on or after January 1, 2021 shall present to the board proof of completion of at least 36 months of a postgraduate training or residency training program. This program shall have been approved by the council on medical education of the American medical association, the American osteopathic association, or the substantial equivalent, as determined by the board, in the year in which the training took place.

(b) Each applicant for licensure by examination in medicine and surgery or osteopathic medicine and surgery who graduates from an accredited school of medicine before January 1, 2021 shall present proof of successful completion of at least 12 months of a postgraduate training or residency training program. This program shall have been approved by the council on medical education of the American medical association, the American osteopathic association, or the substantial equivalent, in the year in which the training took place.

(c) Each applicant for licensure by examination in medicine and surgery or osteopathic medicine and surgery who graduates from an unaccredited school of medicine before January 1, 2021 shall present proof of successful completion of at least 36 months of a postgraduate training program or residency training program. This program shall have been approved by the council on medical education of the American medical association, the American osteopathic association, or the substantial equivalent, as determined by the board, in the year in which the training took place.

(d) Each applicant for licensure by examination in chiropractic who matriculates in chiropractic college on or after January 1, 2000 shall present proof of having received a baccalaureate degree from an accredited school or college. If the baccalaureate degree is granted by a chiropractic school or college, at least 90 semester hours applicable to the baccalaureate degree shall be earned at an accredited school or college, with none of these hours applying to the doctor of chiropractic degree. For purposes of this subsection, an "accredited school or college" shall meet the standards, or substantially equivalent standards as determined by the board, for accreditation of the higher learning commission.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2873 and 65-2875; effective Jan. 1, 1966; amended Feb. 15, 1977; amended May 1, 1979; amended, T-86-44, Dec. 18, 1985; amended May 1, 1986; amended May 23, 1997; amended, T-100-11-5-99, Nov. 5, 1999; amended March 10, 2000; amended May 7, 2021.)

Kan. Admin. Regs. § 100-6-2a Resident active license qualifications

(a) Each applicant for a resident active license in medicine and surgery or osteopathic medicine and surgery who is a graduate of an accredited school of medicine and has not completed 36 months of a postgraduate training program shall meet the following requirements:

(1) Have successfully completed 12 months of postgraduate training program;

(2) be presently engaged in and in good standing in the postgraduate training program;

(3) have passed step 3 of the United States medical licensing examination (USMLE) or equivalent;

(4) provide a written statement of the medical services to be provided beyond the parameters of the postgraduate training or residency training program, on a form provided by the board;

(5) provide the written approval of the director of postgraduate training or residency training program to provide the services described in the written statement, on a form furnished by the board; and

(6) submit documentation that the applicant will maintain a policy of professional liability insurance required pursuant to K.S.A. 40-3402, and amendments thereto, and will pay the premium surcharges as required by K.S.A. 40-3404, and amendments thereto.

(b) The license shall be cancelled upon any of the following:

(1) Resignation from the postgraduate training or residency training program;

(2) being no longer in good standing in the postgraduate training program;

(3) removal from the training program;

(4) not maintaining a policy of professional liability insurance if the policy is required pursuant to K.S.A. 40-3402, and amendments thereto, and not paying the premium surcharges as required by K.S.A. 40-3404, and amendments thereto; or

(5) withdrawal of approval from the director of postgraduate training or residency training program to provide the services listed in the written statement.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2873b; effective March 19, 2021.)

Kan. Admin. Regs. § 100-6-3 Approved school of medicine and surgery

(a) Each school of medicine and surgery seeking approval pursuant to L. 1985, ch. 216, Sec. 3, shall on balance meet the following minimum standards:

(1) The school shall be accredited by the liaison committee on medical education of the association of American medical colleges or the council on medical education of the American medical association, the American osteopathic association bureau of professional education and the committee on postdoctoral training or the committee on accreditation of Canadian medical schools of the association of Canadian medical colleges and the Canadian medical association.

(2) The school shall have been approved for licensure in other states or its students shall have been authorized to perform clerkships or postgraduate training in other states.

(3) The school shall have been in existence for a sufficient number of years to ensure that an adequate program has been developed;

(4) The school shall be located in a college that is legally recognized and authorized by the jurisdiction in which it is located to confer the M.D. or D.O. degree.

(5) The school shall require the applicant, upon graduation, to have completed a total medical instruction of not less than 132 weeks in duration over a time period of not less than 35 months.

(6) The school shall include instruction in at least the following:

(A) Basic science

(i) Anatomy

(ii) Biochemistry

(iii) Physiology

(iv) Microbiology

(v) Pharmacology

(vi) Pathology

(vii) Physical diagnosis

(B) Clinical process

(i) Obstetrics/gynecology

(ii) Medicine

(iii) Pediatrics

(iv) Psychiatry

(v) Surgery

(7) Clinical clerkships.

(A) The school shall have a clerkship phase which the student performs in a clinical facility or facilities controlled by or affiliated with the medical college and supervised by one or more faculty members.

(B) The clerkship shall consist of a hands-on, supervised exposure to patients which is planned, supervised, and monitored by the medical college in cooperation with the clinical facility.

(D) The students shall satisfactorily perform clerkships in at least the following areas: internal medicine, surgery, pediatrics, obstetrics/gynecology and psychiatry.

(E) Any additional electives shall be taken in a clinical facility approved for active postgraduate training in that school.

(8) If the school allows students to take an examination in lieu of attending and completing courses or accepts transfer credit for courses, the applicant shall have taken semester courses at another institution of a similar quality.

(9) The school shall have articles of affiliation between the medical college and each clinical facility which clearly defines the rights and responsibilities of each party, including agreements regarding the role and authority of the governing bodies of both the hospital and the medical college, and if portions of the required clinical or basic science curriculum are offered at different geographical sites, the curriculum shall be planned, supervised, administered, and evaluated in concert with appropriate faculty committees, department chairpersons and administrative officers of the parent school.

(10) The school shall have a balanced faculty comprised of a sufficient number of full-time biomedical and clinical instructors to ensure that the educational obligations to the student are fulfilled and the ratio between full-time faculty and students shall be substantially equivalent to the ratio at the University of Kansas School of Medicine. The faculty shall have an M.D. degree or an equivalent degree in the area in which they teach and shall demonstrate competence in the biological, behavioral, and clinical sciences, as evidenced by membership in appropriate specialty boards, publications or similar accomplishments.

(11) Library facilities.

(A) The school shall have a well-maintained catalogue library, sufficient in size and breadth to support the educational programs offered by the institution.

(B) The library shall receive the leading biomedical and clinical periodicals and the current volumes of those periodicals shall be readily accessible.

(C) The library and other learning resource centers shall be adequately equipped to allow students to learn new methods of retrieving information, and to use self-instructional material.

(D) The library shall have a professional library staff to supervise the library, provide instruction in its use, and respond to the needs of the medical school.

(12) The substantial cost of conducting the school shall be derived from diverse sources, such as tuition, endowments, earnings by the faculty, parent university, annual gifts, grants from organizations and individuals, and government appropriations. Tuition shall not be the predominant source of income.

(13) The school's admission requirements shall require an undergraduate degree or equivalent educational experience, and shall have instituted criteria by which applicants are evaluated and accepted for admission which shall include a balance of educational experience, pre-medical examination scores, and other relevant experience.

(14) The school shall maintain permanent student records that summarize admissions, credentials, grades, and other records of performance.

(15) The school shall have laboratory facilities with a sufficient number of modern equipment and specimens to ensure that each student obtains adequate clinical and basic science training.

(b) Effect of disapproval on pending application. When the board disapproves a school of medicine and surgery, the disapproval notice shall set forth:

(1) The period of time covered by the evaluation and which of the minimum requirements in subsection (a) the program failed to satisfy; or

(2) A statement that disapproval was based on the receipt of insufficient information concerning the program. If the board determines that a school, previously approved pursuant to subsection (a), must be disapproved, the board shall set a date after which a person graduating shall be considered not to have graduated from an approved school. Any school which has been disapproved may request a hearing or other appropriate action pursuant to the Kansas administrative procedures act.

(c) Annual publication. A list of all approved schools shall be published after July 1 of each year and provided to all of the approved schools of graduate medical education within the State of Kansas, the Kansas state medical society, the Kansas hospital association, Kansas osteopathic association, and to any person or organization making written request. The list shall also contain any schools disapproved in the preceding year.

(d) Reevaluation of an approved school.

(1) Any approved school of medicine and surgery may be reevaluated whenever the board has reason to believe that the school has failed to satisfy the minimum requirements of subsection (a).

(2) If any school is disapproved after the reevaluation, written notice shall be sent to the subject medical school, advising the administration that they may either submit written comments or request a hearing before the board within 15 days. The provisions of the Kansas administrative procedures act shall apply to any hearing under this subsection.

(3) If any school previously approved is subsequently disapproved by the board, the disapproval shall not disqualify any physician temporarily or permanently licensed in Kansas with respect to the license then held. For purposes of this regulation, any person holding a current and valid temporary permit issued by the board without disclaimer, conditions, or restriction on it, and who applies for and satisfies all requirements for full licensure shall not be disqualified if the program that served as the basis for that person's licensure is subsequently disapproved.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing L. 1985, Ch. 216, sec. 3; effective Jan. 1, 1966; amended Feb. 15, 1977; amended, T-86-44, Dec. 18, 1985; amended May 1, 1986.)

Kan. Admin. Regs. § 100-6-4 Applications for licensure by examination

Applicants for licensure by examination shall submit the following requirements not later than sixty (60) days preceding the date of examination:

A written application, on a form prescribed by the board with the full name and address of the applicant subscribed thereto.
A photograph of the applicant, exactly 3 × 4 inches in size, taken within ninety (90) days prior to the making of application and a certificate of the photographer upon the reverse side showing the date and place such picture was taken. A thumb print on back of photograph shall be taken by any law enforcement agency or in the office of the board of healing arts and certified by the person taking the print.
An affidavit specifying in detail that the applicant has met the following minimum educational requirements:

(a) A graduate of an accredited healing arts school or college stating the name and location of such school or college and the date of graduation. This affidavit shall further state that the applicant is the identical person attending the schools and receiving the degrees claimed in such affidavit.

(b) A certified copy of accredited healing arts school or college diploma.

Evidence of proficiency in basic science issued by the national board of medical examiners, the national board of examiners of osteopathic physicians and surgeons or the national board of chiropractic examiners or such other examining body as may be approved by the board or in lieu thereof pass such examination as the board may require in the basic science subjects.
A certificate of the applicant's good moral character signed by two (2) reputable teachers or practitioners of the healing arts licensed in some state of the United States personally acquainted with the applicant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2873; effective Jan. 1, 1966; amended Feb. 15, 1977.)

Kan. Admin. Regs. § 100-6-5 Application for licensure of foreign graduates by examination

Persons graduating from healing arts schools or colleges located in a country other than the United States of America and applying for a license shall, in addition to the requirements set out in K.A.R. 100-6-2 and 100-6-4, meet the following:

(a) A certificate that the applicant has met the requirements and received a standard certificate from the educational council for foreign medical graduates, passed the visa qualifying examinations or has successfully completed a fifth pathway program approved by the board of healing arts.

(b) Proof that the healing arts school or college from which the applicant graduated meets the requirements set out in K.S.A. 65-2874, 65-2875 and 65-2876.

(1) Proof may include but not be limited to information concerning the curriculum of such school, the grading system in use, and foreign association or government accreditation.

(c) All documents and material required by K.A.R. 100-6-5 shall be translated into English and a certificate of the correctness shall be provided. These copies shall be notarized as true copies.

(d) Proof that the applicant has reasonable ability to communicate with the general public in English.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Feb. 15, 1977; amended May 1, 1979.)

Kan. Admin. Regs. § 100-6-6 Reentry active license; medicine and surgery and osteopathic medicine

(a) Any physician, whether an applicant or a licensee, who has not engaged in the practice of the healing arts for the two-year period immediately preceding the filing of an application for a license or change of designation type pursuant to K.S.A. 65-2809, and amendments thereto, may be required to complete the terms and conditions of a reentry agreement that has been approved by the board, as a condition of licensure.

(b) Each physician who has not practiced the healing arts for the two-year period immediately preceding the filing of an application for a license or change of designation type shall submit a proposed reentry plan for review by the board. The proposed reentry plan shall contain the following:

(1) The name of a supervising physician, who shall be approved by the board;

(2) an assessment of the physician's current strengths and weaknesses in the intended area or areas of practice. The assessment may include testing and evaluation by colleagues, educators, or others;

(3) an education component that addresses the physician's area or areas of needed improvement, if any, and consists of a reentry period of monitored practice and education upon terms based on the factors listed in subsection (c); and

(4) documentation that an insurer intends to issue the physician a policy of professional liability insurance pursuant to K.S.A. 40-3402, and amendments thereto, and certification from the physician that the premium surcharges pursuant to K.S.A. 40-3404, and amendments thereto, will be paid.

(1) The physician's amount of time out of practice;

(2) the prior work schedule when practicing;

(3) the reason for the interruption in practice;

(4) the physician's activities during the interruption in practice, including the amount of practice-relevant continuing medical education or any healthcare-related volunteer work;

(5) the physician's previous and intended area or areas of practice;

(6) the changes in each intended area of practice during the time that the physician has been out of continuous practice;

(7) the number of years since the physician completed graduate medical education, including fellowship if applicable; and

(8) the physician's length of active practice after completing graduate medical education.

(d) Depending on the amount of time out of practice, the physician may be required to meet one or more of the following requirements:

(1) Undergo a competency evaluation or assessment approved by the board;

(2) practice for a specified period of time under a supervising physician, who shall provide periodic reports to the board;

(3) complete any accredited postgraduate or clinical fellowship training approved by the board, if the need for this training is indicated by the competency evaluation or assessment; or

(4) complete a board-approved reentry-to-practice or monitoring program.

(e) If the board approves the physician's proposed reentry plan, the approved agreement shall be a professional development plan pursuant to K.S.A. 65-2838a, and amendments thereto, or shall be incorporated by reference into a nondisciplinary approved reentry plan and executed by the physician, the board, and any applicable board staff.

(f) After the reentry plan has been signed and approved by the board, the physician shall receive a reentry active license. While holding a reentry active license, the physician shall not practice outside the scope of the approved reentry plan during the reentry period.

(g) The reentry active license may be renewed one time without board approval. Each additional renewal of the reentry active license shall be subject to board approval.

(h) The license may be cancelled upon any of the following, subject to notice and an opportunity for a hearing:

(1) The licensee practiced outside the scope of the approved reentry plan.

(2) The licensee did not satisfactorily complete the approved reentry plan.

(3) The licensee failed to maintain a policy of professional liability insurance pursuant to K.S.A. 40-3402, and amendments thereto, and to pay the premium surcharges pursuant to K.S.A. 40-3404, and amendments thereto.

(i) Upon successful completion of the approved reentry plan, the physician shall be granted an active license.

(j) A reentry active license shall not be issued to a physician who ceased practice as a result of revocation of that individual's license or voluntary surrender of the license in lieu of formal proceedings.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2809; effective Nov. 11, 2022; amended Nov. 10, 2023.)

Kan. Admin. Regs. § 100-6-7 Application for licensure pursuant to K

S.A. 48-3406. (a) Each applicant for licensure under K.S.A. 2020 Supp. 48-3406, as amended by L. 2021, ch. 70, sec. 1, and amendments thereto, shall submit the application on a form provided by the board.

(b) Each applicant shall submit the following with the application:

(1) An application fee;

(2) a current photograph of the applicant taken within 90 days of the date the application is received by the board;

(3) verification of each license, registration, or certification issued to the applicant by any state or the District of Columbia to practice the profession for which the applicant has applied to the board; and

(4) documentation that an insurer intends to issue the applicant a policy of professional liability insurance pursuant to K.S.A. 40-3402, and amendments thereto, and certification from the applicant that the premium surcharges pursuant to K.S.A. 40-3404, and amendments thereto, will be paid.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2020 Supp. 48-3406, as amended by L. 2021, ch. 70, sec. 1, and K.S.A. 65-2865; implementing K.S.A. 2020 Supp. 48-3406, as amended by L. 2021, ch. 70, sec. 1; effective, T-100-8-25-21, Aug. 25, 2021; effective Nov. 5, 2021.)

Article 7 Examinations

Kan. Admin. Regs. § 100-7-1 Designated examinations for medicine and surgery and osteopathic medicine and surgery; limitation on attempts

(a)(1) Each applicant for licensure by examination in medicine and surgery shall be required to successfully complete either of the following:

(A) Step 1, step 2, and step 3 of the United States medical licensing examination (USMLE); or

(B) the substantial equivalent of the examination specified in paragraph (a)(1)(A) in the year the examination was completed, as determined by the board.

(2) Each applicant who does not complete all steps of the USMLE within seven total attempts shall be deemed ineligible for licensure by examination until the applicant has submitted evidence acceptable to the board of further professional study of the subject matter tested in each USMLE step not completed by the applicant and the board determines that the further professional study is sufficient to substantially improve the applicant's likelihood of completing each USMLE step not completed by the applicant.

(b)(1) Each applicant for licensure by examination in osteopathic medicine and surgery shall be required to successfully complete either of the following:

(A)(i) Step 1, step 2, and step 3 of the USMLE; or

(ii) level 1, level 2, and level 3 of the comprehensive osteopathic medical licensing examination (COMLEX-USA); or

(B) the substantial equivalent of either examination specified in paragraphs (b)(1)(A)(i) and (ii) in the year the examination was completed, as determined by the board.

(2) Each applicant who does not complete all steps of the USMLE or all levels of the COMLEX-USA within seven total attempts shall be deemed ineligible for licensure by examination until the applicant has submitted evidence acceptable to the board of further professional study of the subject matter tested in each USMLE step or COMLEX-USA level not completed by the applicant and the board determines that the further professional study is sufficient to substantially improve the applicant's likelihood of completing each USMLE step or COMLEX-USA level not completed by the applicant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2828 and K.S.A. 65-2865; implementing K.S.A. 65-2828, K.S.A. 65-2833, and K.S.A. 65-2873; effective Jan. 1, 1966; amended Feb. 15, 1977; amended July 7, 2000; amended Nov. 13, 2020.)

Kan. Admin. Regs. § 100-7-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2873; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1973; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-7-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, 65-2874, K.S.A. 1976 Supp. 65-2875, 65-2876; effective Jan. 1, 1966; amended Jan. 1, 1973; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-7-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2873; effective Jan. 1, 1966; amended Jan. 1, 1970; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-7-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2873; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1973; revoked Feb. 15, 1977.)

Article 8 License by Endorsement

Kan. Admin. Regs. § 100-8-1 Issuance; requirement

The board, without examination, may issue a license to persons who meet requirements set out in K.S.A. 65-2833. (a) All applicants for endorsement from other countries may be required to personally appear before the board.

(b) In order that the board may determine the standards established by law and rule in other countries the applicant will be responsible in furnishing to the board credible evidence such as affidavits, documents, publications and other material which will demonstrate the following: (1) Standards of the medical school of graduation.

(A) requirements for admission

(B) content of courses

(D) program of specialty training available

(E) faculty-student ratio

(F) description of physical plant

(G) credentials of instructors

(H) volumes and periodicals maintained in medical library

(I) type of laboratory facilities

(J) type of X-ray and diagnostic equipment in use

(K) method through which the school is financed

(L) number and type of examinations given during the school year

(M) construction and type of organization that accredits the school and monitors the continued accreditation

(N) requirements for graduation

(2) Standards of the national examination required prior to licensure:

(A) education and practical requirements prior to applicant qualifying to take the national examination

(B) construction and type of organization that makes up the national examination

(D) pass-fail rate

(E) questions from sample or past examinations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2833, 65-2834 and 65-2965; effective Jan. 1, 1970; amended Jan. 1, 1973; amended Feb. 15, 1977; amended May 1, 1979.)

Kan. Admin. Regs. § 100-8-2 Applications

All applications for endorsement registration shall be upon forms furnished by the Kansas healing arts board and these forms shall contain the following in plain, legible writing:

(a) Name in full.

(b) Post office address.

(d) Date and place of birth.

(e) Certified statement in detail of professional education showing healing arts schools or colleges attended, periods of study, degrees obtained and date of graduation.

(f) Photograph, exactly three by four (3" × 4") inches, taken within ninety (90) days prior to date of application and certificate of the photographer on the back of the photograph showing date and place of the photograph. A thumb print on back of photograph shall be taken by any law enforcement agency or in the office of the board of healing arts and certified by the person taking the print.

(g) Affidavit of the applicant that he or she is the identical person completing the education requirements as provided in K.A.R. 100-6-2 [and] the photograph and thumb print submitted is that of the applicant.

(h) A certificate signed by the president or secretary of some county, district, state or country professional healing arts society, setting forth that the applicant is a member in good standing of said society, that he or she is a qualified ethical practitioner of good moral character as provided in K.S.A. 65-2804. In lieu of such certificate, the applicant may furnish a written recommendation from two (2) licensed practitioners who are members of the healing arts society where the applicant resides.

(i) A certified document of proficiency in basic science subjects.

(j) A true copy of the state or other country license or certificate issued by the endorsing state or country over the seal of the licensing authority and certified as correct by the secretary of the board or other licensing agency of such state or country from which the applicant comes endorsed.

(k) A certificate of state endorsement signed and attested by the secretary of the state board or other licensing authority from which the applicant is licensed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2833, 65-2834, 65-2865, 65-2873; effective Feb. 15, 1977; amended May 1, 1979.)

Kan. Admin. Regs. § 100-8-3 Endorsement licenses; active practice requirements

(a) Each applicant seeking licensure by endorsement based on licensure and active practice in another state, the District of Columbia, another country, or a territory shall submit evidence showing that the applicant has been engaged in direct patient care during the 12 months immediately preceding submission of a completed application. This direct patient care shall consist of at least either of the following, or the substantial equivalent as determined by the board:

(1) At least one full day per week, or its equivalent, for at least 50 weeks; or

(2) a total of 400 hours.

(b) The totality of circumstances may be considered by the board in determining whether the applicant has been in active practice, including gaps in practice necessitated by military service or family leave taken due to the birth of a child of the applicant or the placement of a child for adoption or foster care with the applicant.

(1) Patient care provided while the applicant is engaged in a training program, residency, or fellowship;

(2) employment that consists solely of research activities that would not otherwise be considered direct patient care; and

(3) employment that consists solely of administrative duties.

(d) An applicant's practice in any other state, the District of Columbia, another country, or a territory shall not qualify as active practice during the existence of any of the following conditions:

(1) The applicant's license is limited, suspended, or revoked in any other state, the District of Columbia, another country, or a territory or has been surrendered in any other state, the District of Columbia, another country, or a territory at the time of application.

(2) The applicant's authority to utilize controlled substances issued by any state, the District of Columbia, another country, a territory, or a federal agency has been surrendered as a result of the applicant's practice in any other state, the District of Columbia, another country, or a territory.

(3) The applicant is subject to an agreement for a limitation to or restriction of privileges at any medical care facility as a result of the applicant's practice in any other state, the District of Columbia, another country, or a territory.

(4) The applicant's membership on any professional staff or in any professional association or society has been surrendered while under investigation as a result of the applicant's practice in any other state.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2833; effective May 7, 2021.)

Kan. Admin. Regs. § 100-8-4 Endorsement from this state

The executive director is empowered to certify on behalf of the board all necessary certificates for persons licensed in this state desiring to obtain a license by endorsement in any other state or country. The certificate shall state whether the license is current or not.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2878, as amended by L. 1987, Ch. 240, Sec. 10; effective Feb. 15, 1977; amended May 1, 1988.)

Article 9 Temporary License

Kan. Admin. Regs. § 100-9-1 Visiting professor license

The board may issue a visiting professor temporary license upon proper application to persons who meet the requirements set out in K.S.A. 65-2898 [65-28,100] provided any prescribed fees are paid.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2898; effective Jan. 1, 1966; amended Feb. 15, 1977.)

Kan. Admin. Regs. § 100-9-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 65-2895; effective Feb. 15, 1977; revoked May 1, 1988.)

Article 10 Temporary Permit (not in active use)

Kan. Admin. Regs. § 100-10-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 65-2811; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1973; amended Feb. 15, 1977; revoked May 1, 1988.)

Article 10a Exempt License

Kan. Admin. Regs. § 100-10a-1 Applications

(a) Each application for an exempt license shall be submitted upon a form furnished by the board. This form shall contain the following in plain, legible writing:

(1) The applicant's name in full;

(2) the applicant's post office box address if applicable;

(3) the applicant's residence address;

(4) the applicant's Kansas license number;

(5) a statement that the applicant does not hold oneself out to the public as being professionally engaged in the practice of the healing arts for which the applicant holds a license;

(6) a statement that the applicant is no longer regularly engaged in the state of Kansas in the branch of the healing arts for which the applicant holds a license;

(7) a statement describing the professional activities relating to the healing arts in which the applicant intends to engage if issued an exempt license;

(8) a statement acknowledging that if the applicant is issued an exempt license, the applicant shall be subject to all provisions of the healing arts act except for complying with the requirements of continuing education; and

(9) a statement acknowledging that if the applicant is issued an exempt license, the following shall apply:

(A) The applicant will not be a health care provider, as defined by K.S.A. 40-3401 and amendments thereto.

(B) The applicant will not be required to maintain professional liability insurance in accordance with K.S.A. 40-3401 et seq.

(C) Any services rendered by the applicant, while the holder of an exempt license, will not be insured or covered by the health care stabilization fund.

(b) Each application for an exempt license shall be signed by the applicant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1998 Supp. 65-2809; effective, T-88-52, Dec. 16, 1987; effective May 1, 1988; amended June 20, 1994; amended March 10, 2000.)

Kan. Admin. Regs. § 100-10a-2 Request for changes

An exempt license holder shall file a written request with the board whenever the nature or extent of the professional activities relating to the healing arts are proposed to be changed from those activities divulged to the board on the application for such license or on any renewal form. The board shall review the request, determine whether the proposed changes affect the eligibility for an exempt license and either grant or deny the request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1986 Supp. 65-2809, as amended by L. 1987, Ch. 242, Sec. 2; effective, T-88-52, Dec. 16, 1987; effective May 1, 1988.)

Kan. Admin. Regs. § 100-10a-3 Renewal applications

Each application for renewal of an exempt license shall be submitted upon a form furnished by the board and shall be accompanied by the fee required by K.A.R. 100-11-1.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1998 Supp. 65-2809; effective, T-88-52, Dec. 16, 1987; effective May 1, 1988; amended March 10, 2000.)

Kan. Admin. Regs. § 100-10a-4 Criteria

(a) Exempt licenses may be issued to qualified applicants if the professional activities of the applicant will be limited to the following:

(1) Performing administrative functions, including peer review, disability determinations, utilization review and expert opinions;

(2) providing direct patient care services gratuitously or providing supervision, direction or consultation for no compensation. Nothing in this subsection shall prohibit an exempt license holder from receiving payment for subsistence allowances or actual and necessary expenses incurred in providing such services;

(3) rendering professional services as a "charitable health care provider" as defined in K.S.A. 1990 Supp. 75-6102 and amendments thereto; and

(4) providing services as a district coroner or deputy coroner.

(b) Applications describing professional activities not included in (a) shall be reviewed by the board on a case-by-case basis to determine eligibility for an exempt license.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1990 Supp. 65-2865; implementing K.S.A. 1990 Supp. 65-2809; effective, T-88-52, Dec. 16, 1987; effective May 1, 1988; amended June 24, 1991.)

Kan. Admin. Regs. § 100-10a-5 Conversion

(a) A holder of an exempt license desiring to become licensed to regularly practice the healing arts within Kansas shall submit a form provided by the board containing identical information to that required of individuals desiring to reinstate a license.

(b) Each holder of an exempt license desiring to become licensed to regularly practice the healing arts within Kansas shall submit proof of continuing education as follows:

(1) If the individual has held the exempt license for less than one year, no continuing education in addition to that which would have been necessary had the exempt licensee continued to hold an active license shall be required;

(2) if the exempt licensee has held the exempt license more than one year but less than three years, the individual must submit evidence of satisfactory completion of a program of continuing education in accordance with the requirements of K.A.R. 100-15-2; and

(3) if the exempt licensee has held the exempt license for more than three years, the applicant must complete a program recommended by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1986 Supp. 65-2809, as amended by L. 1987, Ch. 242, Sec. 2; effective, T-88-52, Dec. 16, 1987; effective May 1, 1988.)

Kan. Admin. Regs. § 100-10a-6 Activities not divulged

(a) The holder of an exempt license shall not engage in any professional activities relating to the healing arts not divulged to the board on the application for exempt license, any renewal application or on a request submitted and approved by the board pursuant to K.A.R. 100-10a-2.

(b) Any departure from subsection (a) may constitute evidence of dishonorable conduct pursuant to K.S.A. 1986 Supp. 65-2836(b) as amended by L. 1987, Ch. 176, Sec. 5 as further amended by L. 1987, Ch. 242, Sec. 3 and any amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1986 Supp. 65-2809, as amended by L. 1987, Ch. 242, Sec. 2; effective, T-88-52, Dec. 16, 1987; effective May 1, 1988.)

Article 11 Fees

Kan. Admin. Regs. § 100-11-1 Amount

The following fees shall be collected by the board:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2809, K.S.A. 65-2811, K.S.A. 65-2811a, K.S.A. 65-2835, K.S.A. 65-2844, K.S.A. 65-2852, K.S.A. 65-2873b, K.S.A. 65-2895, K.S.A. 65-28,100, K.S.A. 65-28,124, and K.S.A. 65-28,125; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Feb. 15, 1977; amended May 1, 1979; amended May 1, 1980; amended May 1, 1981; amended, T-83-33, Nov. 10, 1982; amended May 1, 1983; amended, T-85-50, Dec. 19, 1984; amended May 1, 1985; amended May 1, 1986; amended, T-87-42, Dec. 19, 1986; amended May 1, 1987; amended, T-88-11, May 18, 1987; amended May 1, 1988; amended, T-100-4-24-89, April 24, 1989; amended Aug. 21, 1989; amended June 24, 1991; amended, T-100-7-1-92, July 1, 1992; amended Aug. 10, 1992; amended Dec. 27, 1993; amended May 1, 1998; amended Aug. 4, 2000; amended, T-100-6-27-02, Aug. 1, 2002; amended Nov. 15, 2002; amended, T-100-4-27-04, April 27, 2004; amended July 23, 2004; amended Aug. 17, 2007; amended, T-100-10-16-08, Oct. 16, 2008; amended Feb. 13, 2009; amended May 21, 2010; amended April 19, 2019; amended Sept. 8, 2023.)

Kan. Admin. Regs. § 100-11-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-11-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2873; effective Jan. 1, 1966; amended Jan. 1, 1970; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-11-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-11-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

Exempt license.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1986 Supp. 65-2809, as amended by L. 1987, Ch. 242, Sec. 2; implementing K.S.A. 65-2852, as amended by L. 1987, Ch. 242, Sec. 4; effective, T-88-52, Dec. 16, 1987; effective May 1, 1988; revoked Sept. 10, 1999.)

Article 12 Records

Kan. Admin. Regs. § 100-12-1 Records

All records which are required by law to be maintained by the board shall be open to public inspection under the following conditions:

(1) Records shall be inspected at the board office located in Topeka.

(2) Records shall be inspected during normal working hours and under the supervision of the executive director of the board.

(3) Any person who inspects the records shall sign a written request.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2808; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1973; amended, E-77-33, July 8, 1976; amended Feb. 15, 1977; amended May 1, 1988.)

Article 13 Records (not in active use)

Kan. Admin. Regs. § 100-13-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-13-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Article 14 Certificate (not in active use)

Kan. Admin. Regs. § 100-14-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Jan. 1, 1973.)

Article 15 License Renewal; Continuing Education

Kan. Admin. Regs. § 100-15-1 Expiration dates

(a) Each license to practice medicine and surgery issued by the board shall expire on June 30 of each year.

(b) Each license to practice osteopathic medicine and surgery issued by the board shall expire on September 30 of each year.

(d) Each resident active license issued by the board shall expire on June 30 of each year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865 and implementing K.S.A. 65-2809 and 65-2873b; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1973; amended Feb. 15, 1977; amended Aug. 1, 1997; amended July 20, 2001; amended May 12, 2023.)

Kan. Admin. Regs. § 100-15-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2809, 65-2865; effective Feb. 15, 1977; amended May 1, 1979; revoked July 22, 2005.)

Kan. Admin. Regs. § 100-15-3 Continuing education; institutional licensees

(a) Each institutional licensee shall submit, with an application for renewal of the license, evidence of satisfactory completion of a minimum of 100 hours of continuing education within the previous two-year period. Evidence of that attainment shall be submitted to the board in the same manner as licensees in the same branch of the healing arts are required to submit evidence of satisfactory completion of a program of continuing education in accordance with K.A.R. 100-5-2 and amendments thereto.

(b) An extension that does not exceed six months may be granted by the board to any applicant for renewal who, during the 12-month period prior to the renewal date, suffered an illness or accident which made it impossible or extremely difficult for that applicant to reasonably obtain the required continuing education.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2895, as amended by L. 1987, Ch. 239, Sec. 5 and as further amended by L. 1987, Ch. 240, Sec. 11; effective May 1, 1988.)

Kan. Admin. Regs. § 100-15-4 Continuing education standards; definitions

(a) "Continuing education" shall mean an activity designed to maintain, develop, or increase the knowledge, skills, and professional performance of persons licensed to practice a branch of the healing arts. Each continuing education activity shall have significant intellectual or practical content, shall be relevant to the branch of the healing arts for which the practitioner is licensed, and shall meet at least one of the following content requirements:

(1) Have a direct bearing on patient care;

(2) have a direct bearing on the person's ability to deliver patient care; or

(3) relate to the teaching, ethical, legal, or social responsibilities of a person licensed to practice the healing arts.

(b) "Category I" continuing education shall mean a continuing education activity that meets the requirements of subsection (a) and is presented by a person qualified by practical or academic experience, using any of the following methods:

(1) Lecture, which shall mean a discourse given before an audience for instruction;

(2) panel discussion, which shall mean the presentation of a number of views by several professional individuals on a given subject, with none of the views considered a final solution;

(3) workshop, which shall mean a series of meetings designed for intensive study, work, or discussion in a specific field of interest;

(4) seminar, which shall mean a directed advanced study or discussion in a specific field of interest;

(5) symposium, which shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers; or

(6) any other structured, interactive, and formal learning method that the board deems to meet the requirements of subsection (a).

(c) "Category II" continuing education shall mean attendance at a lecture, panel discussion, workshop, seminar, symposium, college course, professional publication, in-service training, or professional activity that the board determines does not meet the requirements of category I, but that is in a health-related field indirectly related to healing arts skill and knowledge. Category II continuing education shall include the following:

(1) Clinical consultations with other healing arts practitioners that contribute to a practitioner's education;

(2) participation in activities to review the quality of patient care;

(3) instructing healing arts and other health care practitioners;

(4) patient-centered discussions with other health care practitioners;

(5) participating in journal clubs;

(6) using searchable electronic databases in connection with patient care activities; and

(7) using self-instructional materials.

(d) "Category III" continuing education shall mean an internet or live continuing education activity that also meets the requirements of either a category I or category II continuing education activity and meets at least one of the following content requirements:

(1) Acute or chronic pain management;

(2) the appropriate prescribing of opioids; or

(3) the use of prescription drug monitoring programs.

(e) Credit for continuing education activities shall be awarded on the basis of one credit for each 50 minutes actually spent in attendance at a continuing education activity.

(f) Each instructor of a healing arts continuing education activity shall be awarded category I continuing education credit at the rate of one credit for each three hours of the instructor's first-time preparation of the presentation of a category I continuing education activity.

(g) For successful completion of a postbaccalaureate program awarding a degree in an area related to the healing arts, 25 credits of category I continuing education shall be awarded. A copy of the transcript shall be maintained as proof of successful completion of the program.

(h) For successful completion of one year of postgraduate training, 50 credits of category I continuing education credit shall be awarded.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2809 and 65-2865; implementing K.S.A. 65-2809; effective July 22, 2005; amended May 7, 2021.)

Kan. Admin. Regs. § 100-15-5 Continuing education requirement

(a)(1) Each person who is licensed to practice a branch of the healing arts and who is required to submit proof of completion of continuing education as a condition to renewing a license shall certify, on a form provided with the license renewal application, one of the following:

(A) During the 18-month period immediately preceding the license expiration date, the person completed at least 50 credits of continuing education, of which at least one credit shall be in category III, at least 20 credits shall be in category I, and the remaining credits shall be in category II.

(B) During the 30-month period immediately preceding the license expiration date, the person completed at least 100 credits of continuing education, of which at least two credits shall be in category III, at least 40 credits shall be in category I, and the remaining credits shall be in category II.

(C) During the 42-month period immediately preceding the license expiration date, the person completed at least 150 credits of continuing education, of which at least three credits shall be in category III, at least 60 credits shall be in category I, and the remaining credits shall be in category II.

(2) The requirement specified in this subsection shall not apply to any person renewing a license for the first time.

(b) Each person who applies for conversion of an inactive or exempt license to a regular license or for reinstatement of a cancelled license and whose license has been inactive, exempt, or cancelled for a period of less than the two-year period immediately preceding the application for conversion shall certify, on a form provided with the conversion or reinstatement application, that the person completed at least 50 credits of continuing education, of which at least one credit shall be in category III, at least 20 credits shall be in category I, and the remaining credits shall be in category II.

(c) Any licensee may request that the board grant an extension of the time to complete the required continuing education if, during the 12-month period immediately preceding the license expiration date, the person experienced an undue hardship resulting from illness, injury, or other circumstance preventing the timely completion of continuing education.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2809 and K.S.A. 65-2865; implementing K.S.A. 65-2809; effective July 22, 2005; amended April 6, 2007; amended May 7, 2021.)

Kan. Admin. Regs. § 100-15-6 Documentation of continuing education

(a) Each person who certifies completion of continuing education shall, for at least four years following the date of certification, maintain documentation of completion that shall include either of the following:

(1) A verification of completion issued by a national, state, or local organization with standards for continuing education that are at least as stringent as the standards of the board; or

(2) a copy of the written materials provided with a category I continuing education activity, along with documentation of all of the following:

(A) The name, address, and telephone number of the activity sponsor, and the name and telephone number of a contact person for the activity sponsor;

(B) the title of the continuing education activity;

(D) specification of whether the activity was presented in person or by video, satellite, or internet;

(E) the number of continuing education hours completed;

(F) the activity agenda;

(G) the identification and professional biographical information of the presenters;

(H) written proof of participation; and

(I) a list of category II continuing education activities, identifying the date of each activity, a description or program title, and the number of hours claimed.

(b) Within 30 days following a written request by the board to a licensee, the licensee shall provide the board with proof of completion of continuing education as specified in this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2006 Supp. 65-2809 and K.S.A. 65-2865; implementing K.S.A. 2006 Supp. 65-2809; effective July 22, 2005; amended April 6, 2007.)

Kan. Admin. Regs. § 100-15-7 Category I continuing education using distance-learning media

Each continuing education activity offered using distance-learning media shall qualify for category I continuing education credit if the activity meets the requirements in K.A.R. 100-15-4 and meets all of the following conditions:

(a) The activity has a mechanism in place for the user to be able to contact the provider regarding questions about the continuing education activity.

(b) The provider of the activity evaluates the user's knowledge of the subject matter discussed in the continuing education activity.

(c) The activity limits the amount of time within which a user can complete the activity, which shall be no more than twice the number of hours for each credit awarded for the activity.

(d) The person or organization offering the activity provides a printed verification of completion of the activity or allows the user to print verification when the activity is completed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2809 and 65-2865; implementing K.S.A. 65-2865; effective July 22, 2005.)

Article 16 Revocation

Kan. Admin. Regs. § 100-16-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2838, 65-2839, 65-2840; effective Jan. 1, 1966; amended Feb. 15, 1977; revoked, T-86-40, Dec. 11, 1985; revoked May 1, 1986.)

Kan. Admin. Regs. § 100-16-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; amended Feb. 15, 1977; revoked, T-86-40, Dec. 11, 1985; revoked May 1, 1986.)

Kan. Admin. Regs. § 100-16-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2836; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Feb. 15, 1977; revoked, T-86-40, Dec. 11, 1985; revoked May 1, 1986.)

Kan. Admin. Regs. § 100-16-4 Grounds

A license may be revoked, suspended, or limited when the licensee has been found to have committed any of the acts specified in K.S.A. 65-2836 and 65-2837.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; amended Feb. 15, 1977.)

Kan. Admin. Regs. § 100-16-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Kan. Admin. Regs. § 100-16-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked Feb. 15, 1977.)

Article 17 Professional Signs; Letterheads (not in active use)

Kan. Admin. Regs. § 100-17-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 1976 Supp. 65-2837; effective Jan. 1, 1966; amended Jan. 1, 1973; amended Feb. 15, 1977; revoked May 1, 1985.)

Kan. Admin. Regs. § 100-17-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked May 1, 1985.)

Article 18 Advertising (not in active use)

Kan. Admin. Regs. § 100-18-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1973; amended Feb. 15, 1977; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-18-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2894; effective Jan. 1, 1970; revoked Feb. 15, 1977.)

Article 18a Advertising

Kan. Admin. Regs. § 100-18a-1 Free offers

Any licensee who offers to perform a free examination, service or procedure for a patient shall, during the initial visit, only perform the examination, service or procedure contained in the offer. Before any other examinations, services or procedures are performed, the licensee shall explain the nature and purpose of the examination, service or procedure and specifically disclose to the patient, to the greatest extent possible, the cost of the examination, service or procedure.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1984 Supp. 65-2836, 65-2837; effective May 1, 1985.)

Article 19 Administrative Procedures

Kan. Admin. Regs. § 100-19-1 Types of hearings

(a) Hearings and procedures of the board shall be in accordance with the hearings and procedures established by the Kansas administrative procedures act.

(b) Summary adjudicative proceedings pursuant to K.S.A. 1986 Supp. 77-538 to 77-541, inclusive, and amendments thereto may be used for the following types of action:

(1) denials of initial license, permit, registration or certificate;

(2) cancellation for failure to renew a license, permit, registration or certificate;

(3) cease and desist orders, enforcement orders based on stipulations, public or private censures, warnings, reprimands, restrictions, limitations, fines or suspensions for violations of any laws administered by the board or rules and regulations promulgated thereunder.

(c) Any party who disagrees with and is subject to a summary adjudicative action may request that the proceedings be converted to a conference adjudicative proceeding or a formal adjudicative proceeding. Upon the request the summary proceeding shall be converted to the appropriate proceeding available under the Kansas administrative procedures act or rules and regulations promulgated thereunder.

(d) The order issued pursuant to subsection (b) of this regulation shall contain a notice informing the persons who are subject to the order that a request for review or conversion must be made within 15 days.

(e) The presiding officer for summary adjudicative proceedings may be the executive director or the executive director's designee.

(f) Conference adjudicative proceedings pursuant to K.S.A. 77-533, 77-534 and 77-535 of the Kansas administrative procedures act may be used for actions in which:

(1) there is no disputed issue of material fact; or

(2) the parties agree to a conference adjudicative proceeding.

(g) All other proceedings, except those which are emergency adjudicative proceedings, or which have been initiated as or converted to conference or summary adjudicative proceedings, shall be formal adjudicative proceedings.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1986 Supp. 77-513, 77-533-541; effective Jan. 1, 1966; amended Feb. 15, 1977; amended, T-86-44, Dec. 18, 1985; amended May 1, 1986; amended May 1, 1988.)

Article 20 Amendment to Rules (not in active use)

Kan. Admin. Regs. § 100-20-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective Jan. 1, 1966; revoked May 1, 1979.)

Article 21 Dispensing Physicians

Kan. Admin. Regs. § 100-21-1 Definition of dispensing physician

"Dispensing physician" means a person licensed to practice medicine and surgery who purchases and keeps drugs and compounds his or her own prescriptions for the purpose of supplying such drugs to his or her patients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 100-21-2 Drug label

A dispensing physician shall clearly label each drug dispensed. The label shall be typed or machine printed and shall include the following: (a) The name, address and telephone number of the dispensing physician.

(b) The full name of the patient.

(d) The date the prescription was filled or refilled.

(e) Adequate directions for use.

(f) The expiration date of the drug dispensed, if applicable.

(g) The brand name or corresponding generic name and manufacturer or distributors name and the strength, at the discretion of the physician.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 100-21-3 Packaging

All oral medications shall be dispensed in child resistant containers in accordance with the poison prevention packaging act of 1970 and in light resistant air-tight containers as required by the United States pharmacopeia. In those cases where a bona fide circumstance exists to make it undesirable to use safety closures, medication may be dispensed in a non-child resistant container.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 100-21-4 Record keeping and inventories

(a) There shall be kept in the office of every dispensing physician a suitable book or file in which shall be preserved for a period of not less than three (3) years, every prescription order filled or refilled by such dispensing physician, and said book or file of prescription orders shall at all times be open to inspection to proper authorities.

(b) Each dispensing physician shall maintain the inventories and records of controlled substances as follows:

(1) Inventories and records of all controlled substances listed in schedules I and II shall be maintained separately from all other records and prescriptions for such substances shall be maintained in a separate prescription file:

(2) Inventories and records of controlled substances listed in schedules III, IV, and V shall be maintained either separately from all other records or in such form that the information required is readily retrievable from ordinary business records and prescriptions for such substances shall be maintained either in a separate prescription file for controlled substances listed in schedules III, IV, and V only, or in such form that they are readily retrievable from the other prescription records. Prescriptions will be deemed readily retrievable if, at the time they are initially filled the face of the prescription is stamped in red ink in the lower right corner with the letter "C" no less than 1-inch high and filed either in the prescription file for controlled substances listed in schedules I and II or in the usual consecutively numbered prescription file for non-controlled substances.

(c) Inventory requirements. An initial inventory of all controlled substances shall be taken and recorded. Every two years on May 1, a new inventory shall be taken and recorded. The records of these inventories shall be maintained for a period of three years.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

Kan. Admin. Regs. § 100-21-5 Storage and security

(a) All dispensing physicians shall provide effective controls and procedures to guard against theft and diversion of controlled substances.

(b) All drugs shall be stored under conditions proper and suitable to maintain their integrity.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; effective, E-81-11, May 14, 1980; effective May 1, 1981.)

Article 22 Dishonorable Conduct

Kan. Admin. Regs. § 100-22-1 Release of records

(a) Unless otherwise prohibited by law, each licensee shall, upon receipt of a signed release from a patient, furnish a copy of the patient record to the patient, to another licensee designated by the patient, or to a patient's legally designated representative. However, if the licensee reasonably determines that the information within the patient record is detrimental to the mental or physical health of the patient, then the licensee may withhold the record from the patient and furnish the record to another licensee designated by the patient.

(b) A licensee may charge a person or entity for reasonable costs to retrieve or reproduce a patient record. A licensee shall not condition the furnishing of a patient record to another licensee upon prepayment of these costs.

(c) Any departure from this regulation shall constitute prima facie evidence of dishonorable conduct pursuant to K.S.A. 65-2836(b), and any amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1997 Supp. 65-2836, as amended by L. 1998, Ch. 142, Sec. 12; effective May 1, 1985; amended Nov. 13, 1998.)

Kan. Admin. Regs. § 100-22-2 Description of professional activities

(a) Any person applying for an exempt license shall divulge on the application for such license a description of all professional activities related to the healing arts such person intends to perform if issued an exempt license.

(b) Any person holding an exempt license shall, at the time of renewal, divulge on the renewal application all professional activities related to the healing arts such person intends to perform during the renewal period.

(c) Any departure from subsection (a) or (b) may constitute evidence of dishonorable conduct pursuant to K.S.A. 1986 Supp. 65-2836(b) as amended by L. 1987, Ch. 176, Sec. 5 as further amended by L. 1987, Ch. 242, Sec. 2 and any amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1986 Supp. 65-2836 as amended by L. 1987, Ch. 176, Sec. 5 as further amended by L. 1987, Ch. 242, Sec. 2; effective, T-88-52, Dec. 16, 1987; effective May 1, 1988.)

Kan. Admin. Regs. § 100-22-3 Business transactions with patients

(a) Non-health-related goods or services. A licensee shall be deemed to engage in dishonorable conduct by offering to sell a non-health-related product or service to a patient from a location at which the licensee regularly practices the healing arts unless otherwise allowed by this subsection. A licensee shall not be deemed to engage in dishonorable conduct by offering to sell a non-health-related product or service if all of the following conditions are met:

(1) The sale is for the benefit of a public service organization.

(2) The sale does not directly or indirectly result in financial gain to the licensee.

(3) No patient is unduly influenced to make a purchase.

(b) Business opportunity. A licensee shall be deemed to engage in dishonorable conduct if all of the following conditions are met:

(1) The licensee recruits or solicits a patient either to participate in a business opportunity involving a sale of a product or service, or to recruit or solicit others to participate in a business opportunity.

(2) The sale of the product or service directly or indirectly results in financial gain to the licensee.

(3) The licensee recruits or solicits the patient at any time that the patient is present in a location at which the licensee regularly practices the healing arts.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1998 Supp. 65-2836; effective May 5, 2000.)

Kan. Admin. Regs. § 100-22-4 Description of affiliation with specialty board

(a) On and after January 1, 2004, each licensee who represents to the public that the licensee is credentialed by a specialty board other than a state licensing agency, including through the use of the description "board-certified" in connection with the licensee's name, shall, in the same medium as that in which the representation is made, identify the official name of the specialty board that has granted the credential to the licensee.

(b) Each violation of this regulation shall constitute prima facie evidence of dishonorable conduct.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 2001 Supp. 65-2836; effective May 23, 2003.)

Kan. Admin. Regs. § 100-22-6 Notice to the public of licensure

(a) A person licensed to practice a branch of the healing arts shall not perform direct patient care in an office, unless the notice adopted by reference in this subsection is placed in a conspicuous location where the notice is reasonably likely to be seen by persons who receive direct patient care in the office. The document titled "notice to patients: required signage for K.A.R. 100-22-6," as prepared by the state board of healing arts and dated April 5, 2007, is hereby adopted by reference.

(b) As used in this regulation, "office" shall mean any place intended for the practice of the healing arts. This term shall not include a medical care facility, as defined by K.S.A. 65-425 and amendments thereto, which is licensed by the Kansas department of health and environment.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2836; effective Nov. 2, 2007.)

Kan. Admin. Regs. § 100-22-7 Orders to dispense prescription-only medical devices

(a) For the purpose of this regulation, "prescription-only medical device" shall mean an apparatus that meets the following conditions:

(1) May be sold or distributed only upon the authorization of a person licensed by state law to administer or use the device; and

(2) is intended either to use in diagnosing or treating a disease, injury, or deformity or to affect the structure, action, or physiologic property of any part of the human body.

(b) Each licensee who issues an order that authorizes the sale, lease, or other method of distribution of a prescription-only medical device to another person for other than self-treatment shall create a written record of the order, signed by the licensee, and shall maintain that record for at least 10 years following the date of the order. The written record shall include, at a minimum, all of the following statements:

(1) The licensee knows or has reason to know that the person to whom the medical device is to be dispensed is professionally competent and legally authorized to use the device for other than self-treatment.

(2) The licensee acknowledges that the device is approved for acts and functions that are within the normal and customary specialty, competence, and lawful practice of the licensee.

(3) The licensee will supervise the use of the device.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865 and K.S.A. 2006 Supp. 65-28,127; implementing K.S.A. 65-2836 and K.S.A. 2006 Supp. 65-28,127; effective July 6, 2007.)

Kan. Admin. Regs. § 100-22-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2836; effective, T-100-4-24-07, April 24, 2007; effective Sept. 14, 2007; revoked, T-100-12-10-07, Dec. 10, 2007; revoked April 4, 2008.)

Kan. Admin. Regs. § 100-22-8a Phosphatidylcholine and sodium deoxycholate

(a) As used in this regulation, the following terms shall have the meanings specified in this subsection.

(1) "Adverse event" means any unfavorable medical occurrence experienced by a patient that reasonably could be related to the administration of PCDC.

(2) "Compounding" means combining component drug ingredients by or upon the order of a physician for the purpose of creating a drug tailored to the specialized needs of an individual patient.

(3) "Designated physician" means a physician who is professionally competent to compound or order the compounding of PCDC and who agrees to be available on the premises during the administration of PCDC whenever the physician who compounded or ordered the compounding of PCDC is not present.

(4) "Institutional review board" and "IRB" mean a board or committee designated by a public or private entity or agency to review biomedical research and to ensure protection of the rights and welfare of patients.

(5) "PCDC" means phosphatidylcholine and sodium deoxycholate prepared for administration individually or in combination.

(6) "Physician" means a person licensed in this state to practice medicine and surgery or osteopathic medicine and surgery.

(b) Except as specified in subsections (c) and (d), a physician shall not administer or authorize another person to administer PCDC by injection to a human being.

(c) This regulation shall not prohibit the administration of PCDC to a research subject during clinical research of PCDC as an investigational new drug.

(d) This regulation shall not prohibit a physician from compounding PCDC or from preparing a written prescription order directing a lawfully operating pharmacy to compound PCDC for a specific patient if all of the following conditions are met:

(1) The physician has notified the board in writing of the intent to compound or order the compounding of PCDC in the scope of the physician's practice and agrees to meet the requirements stated in subsection (e).

(2) The physician has a physician-patient relationship with the specific patient.

(3) The patient has given the physician written informed consent for the administration of PCDC that includes, at a minimum, all of the following:

(A) The patient acknowledges that PCDC is a drug and that neither the state of Kansas nor any federal agency has approved PCDC as a drug.

(B) The patient has been informed that a preponderance of competent medical literature regarding clinical research establishing whether PCDC is safe and effective has not been published.

(D) The patient has been given a description of the known and potential side effects of PCDC.

(4) Before compounding or writing an order to compound PCDC, the physician personally performs a physical examination of the patient, records the patient's medical history in the patient record, performs or orders relevant laboratory tests as indicated, and, based upon the examination, history, and test results, determines that PCDC is indicated for the patient.

(5) The physician or designated physician supervises and is personally present on the premises when the PCDC is administered.

(6) The patient record identifies each ingredient, the amount of each ingredient, and the amount of the preparation compounded by the physician, or the order to compound PCDC identifies each ingredient, the amount of each ingredient, and the amount of the preparation to be dispensed.

(e) Each physician who compounds or writes an order to compound PCDC shall meet each of the following requirements:

(1) Before compounding or writing an order to compound PCDC, the physician shall establish a written procedure that identifies each of the following:

(A) A general plan of care applicable to all patients, including indications and contraindications for administering PCDC to patients;

(B) each designated physician;

(D) each location within this state at which PCDC will be administered based upon the order of the physician.

(2)(A) A physician who has compounded or ordered PCDC to be compounded for a patient under a medical regimen that has not been completed on or before the effective date of this regulation shall, before administering or authorizing the administration of PCDC, submit a copy of the written procedure and informed consent form to the board and shall, within 60 days following the effective date of this regulation, submit evidence that an IRB has approved the written procedure and the informed consent form that the physician uses.

(B) Each physician not described in paragraph (e)(2)(A) shall obtain approval of the written procedure and informed consent form by an IRB and submit evidence of that approval and a copy of the written procedure and informed consent form to the board, before compounding or writing an order to compound PCDC.

(3) The physician shall report each adverse event resulting in medical intervention to the IRB and to the board within 24 hours of receiving notice of the adverse event. The physician shall report all other adverse events observed by or reported to the physician and all clinical results for each patient to the IRB at least monthly.

(4) At least monthly, the physician shall prepare or obtain from the compounding pharmacy and shall forward to the IRB the following information:

(A) Verification that the preparation is sterile;

(B) a description of the quantity and strength of all ingredients used as components of the preparation;

(D) verification of the clarity, completeness, or pH of the solution.

(f) Each departure from this regulation shall constitute prima facie evidence of dishonorable conduct.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2836; effective, T-100-12-10-07, Dec. 10, 2007; effective April 4, 2008.)

Article 23 Treatment of Obesity

Kan. Admin. Regs. § 100-23-1 Treatment of obesity

A person shall not dispense or prescribe controlled substances to treat obesity, as defined by this regulation, except in conformity with the following minimal requirements. (a) Amphetamines shall not be dispensed or prescribed to treat obesity.

(b) The treating physician shall personally examine the patient. The physical examination shall include checking the blood pressure and pulse, examining the heart and lungs, recording weight and height, and administering any other appropriate diagnostic tests. The examination and patient history shall determine if controlled substances are indicated and if any co-morbidity exists. The treating physician shall enter each of these findings in the patient's record.

(c) The treating physician shall prescribe nutritional counselling, including behavior modification and appropriate exercise for weight loss, and record these parameters on the patient record.

(d) The treating physician shall not dispense or prescribe more than a 30-day supply of controlled substances, at one time, to treat obesity.

(e) Except as provided by subsection (f) of this regulation, the treating physician may continuously dispense or prescribe controlled substances to treat obesity when the physician observes and records that the patient significantly benefits from the controlled substances and has no serious adverse effects related to the drug regimen. A patient significantly benefits from the controlled substances when weight is reduced, or when weight loss is maintained and any existing co-morbidity is reduced. At the time of each return patient visit, the treating physician shall monitor progress of the patient; the treating physician or a person acting at the treating physician's order shall check the patient's weight, blood pressure, pulse, heart, and lungs. The findings shall be entered in the patient's record.

(f) The treating physician shall not dispense or prescribe additional controlled substances to treat obesity for a patient who has not achieved a weight loss of at least 5% of the patient's initial weight, during the initial 90 days of treatment using controlled substances to treat obesity.

(g) As used in this regulation, the term "controlled substance" means any drug included in any schedule of the Kansas uniform controlled substances act.

(h) As used in this regulation, the term "obesity" means a documented diagnosis of excess adipose tissue, resulting in body mass index of 30 or higher (BMI ≥ 30kg/m2), or a body mass index of 27 or higher in the presence of other risk factors (BMI ≥ 27kg/m2). Body mass index is calculated by dividing measured body weight in kilograms by body height in meters squared (kg/m2); expected body mass index is 20-25 kg/m2.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1997 Supp. 65-2837a; effective, T-86-25, July 24, 1985; effective May 1, 1986; amended, T-100-12-16-96, Dec. 16, 1996; amended May 9, 1997; amended, T-100-7-1-97, July 1, 1997; amended, T-100-10-30-97, Oct. 30, 1997; amended March 20, 1998.)

Article 24 Patient Records

Kan. Admin. Regs. § 100-24-1 Adequacy; minimal requirements

(a) Each licensee of the board shall maintain an adequate record for each patient for whom the licensee performs a professional service.

(b) Each patient record shall meet these requirements:

(1) Be legible;

(2) contain only those terms and abbreviations that are or should be comprehensible to similar licensees;

(3) contain adequate identification of the patient;

(4) indicate the dates any professional service was provided;

(5) contain pertinent and significant information concerning the patient's condition;

(6) reflect what examinations, vital signs, and tests were obtained, performed, or ordered and the findings and results of each;

(7) indicate the initial diagnosis and the patient's initial reason for seeking the licensee's services;

(8) indicate the medications prescribed, dispensed, or administered and the quantity and strength of each;

(9) reflect the treatment performed or recommended;

(10) document the patient's progress during the course of treatment provided by the licensee; and

(11) include all patient records received from other health care providers, if those records formed the basis for a treatment decision by the licensee.

(c) Each entry shall be authenticated by the person making the entry unless the entire patient record is maintained in the licensee's own handwriting.

(d) Each patient record shall include any writing intended to be a final record, but shall not require the maintenance of rough drafts, notes, other writings, or recordings once this information is converted to final form. The final form shall accurately reflect the care and services rendered to the patient.

(e) For purposes of implementing the healing arts act and this regulation, an electronic patient record shall be deemed a written patient record if the electronic record cannot be altered and if each entry in the electronic record is authenticated by the licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1997 Supp. 65-2837, as amended by L. 1998, ch. 142, §19 and L. 1998, ch. 170, §2; effective, T-87-42, Dec. 19, 1986; effective May 1, 1987; amended June 20, 1994; amended Nov. 13, 1998.)

Kan. Admin. Regs. § 100-24-2 Patient record storage

(a) Each licensee shall maintain the patient record for a minimum of 10 years from the date the licensee provided the professional service recorded. Any licensee may designate an entity, another licensee, or health care facility to maintain the record if the licensee requires the designee to store the record in a manner that allows lawful access and that maintains confidentiality.

(b) Patient records may be stored by an electronic data system, microfilm, or similar photographic means. A licensee may destroy original paper records stored in this manner if the stored record can be reproduced without alteration from the original.

(c) Each electronically stored record shall identify existing original documents or information not included in that electronically stored record.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1997 Supp. 65-2837, as amended by L. 1998, Ch. 170, Sec. 2; effective Nov. 13, 1998.)

Kan. Admin. Regs. § 100-24-3 Notice of location of records upon termination of active practice

Each licensee of the board who terminates the active practice of the healing arts within this state shall, within 30 days after terminating the active practice, provide to the board the following information: (a) The location where patient records are stored;

(b) if the licensee designates an agent to maintain the records, the name, telephone number, and mailing address of the agent;

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 1997 Supp. 65-2837, as amended by L. 1998, ch. 142, § 19 and L. 1998, ch. 170, § 2 and K.S.A. 65-2865; effective May 7, 1999.)

Article 25 Office Requirements

Kan. Admin. Regs. § 100-25-1 Definitions

As used in this article, the following terms shall have the meanings specified in this regulation. (a) "General anesthesia" means a drug that, when administered to a patient, results in the patient's controlled state of unconsciousness accompanied by a loss of protective reflexes, including the loss of the independent and continuous ability to maintain the airway and a regular breathing pattern, and the loss of the ability to respond purposefully to verbal commands or tactile stimulation.

(b) "Local anesthesia" means a drug that, when administered to a localized part of the human body by topical application or by local infiltration in close proximity to a nerve, produces a transient and reversible loss of sensation. This term shall include lidocaine injections not exceeding seven milligrams per kilogram of body weight and also tumescent local anesthesia.

(d) "Minimal sedation" means an oral sedative or oral analgesic administered in doses appropriate for the unsupervised treatment of insomnia, anxiety, or pain.

(e) "Minor surgery" means surgery that meets both of the following conditions:

(1) Any complication from the surgery requiring hospitalization is not reasonably foreseeable.

(2) The surgery can safely and comfortably be performed either on a patient who has received no anesthesia or on a patient who has received local anesthesia or topical anesthesia.

(f) "Office" means any place intended for the practice of the healing arts in the state of Kansas. This term shall not include a medical care facility, as defined by K.S.A. 65-425 and amendments thereto, that is licensed by the Kansas department of health and environment.

(g) "Office-based surgery" means any surgery that requires any anesthesia, parenteral analgesia, or sedation and that is performed by or upon the order of a physician in an office. Office-based surgery shall not include minor surgery.

(h) "Physician" means a person licensed to practice medicine and surgery or osteopathic medicine and surgery in the state of Kansas.

(i) "Reportable incident" means any act by a licensee or a person performing professional services under the licensee's supervision, order, or direction that meets either of the following criteria:

(1) Could be below the applicable standard of care and has a reasonable probability of causing injury to a patient; or

(2) could be grounds for disciplinary action by the board.

(j) "Sedation" means a depressed level of consciousness in which the patient retains the independent and continuous ability to perform the following:

(1) Maintain adequate cardiorespiratory functioning;

(2) maintain an open airway;

(3) maintain a regular breathing pattern;

(4) maintain the protective reflexes; and

(5) respond purposefully and rationally to tactile stimulation and verbal commands.

(k) "Special procedure" means any patient care service that involves any potentially painful contact with the human body, with or without instruments, for the purpose of diagnosis or therapy and for which the applicable standard of care necessitates any anesthesia to prevent or reduce pain. This term shall include a diagnostic or therapeutic endoscopy, invasive radiology, manipulation under anesthesia, and an endoscopic examination. This term shall include the conduct of pain management when performed using anesthesia levels exceeding local anesthesia.

(l) "Surgery" means a manual or operative method that involves the partial or complete excision or resection, destruction, incision, or other structural alteration of human tissue by any means, including the use of lasers, performed upon the human body for the purpose of preserving health, diagnosing or treating disease, repairing injury, correcting deformity or defects, prolonging life, terminating pregnancy, or relieving suffering, or for aesthetic, reconstructive, or cosmetic purposes.

(m) "Topical anesthesia" means a drug applied to the skin or mucous membranes for the purpose of producing a transient and reversible loss of sensation to a circumscribed area.

(n) "Tumescent local anesthesia" means local anesthesia administered in large volumes of highly diluted lidocaine not exceeding 55 milligrams per kilogram of body weight, epinephrine not exceeding 1.5 milligrams per liter of solution, and sodium bicarbonate not exceeding 15 milliequivalents per liter of solution in a sterile saline solution by slow infiltration into subcutaneous fat. Tumescent local anesthesia shall not include the concomitant administration of any sedatives, analgesics, or hypnotic drugs, or any combination of these, at any dosage that poses a significant risk of impairing the patient's independent and continuous ability to maintain adequate cardiorespiratory functioning, an open airway, a regular breathing pattern, and protective reflexes and to respond purposefully to tactile stimulation and verbal commands.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2837; effective, T-100-8-22-05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)

Kan. Admin. Regs. § 100-25-2 General requirements

(a) Except in an emergency, a person licensed to practice a branch of the healing arts shall not perform direct patient care in an office unless all of the following conditions are met:

(1) The office at which the direct patient care is performed is sanitary and safe.

(2) Smoking is prohibited in all patient care areas and all areas where any hazardous material is present.

(3) Medical services waste is segregated, stored, collected, processed, and disposed of in accordance with K.A.R. 28-29-27.

(b) On and after July 1, 2006, each person licensed to practice a branch of the healing arts who maintains an office within this state shall adopt and follow a written procedure for sanitation and safety that includes at least the following:

(1) Standards for maintaining the cleanliness of the office. The standards shall specify the following:

(A) The methods for and the frequency of cleaning and decontaminating the walls, ceilings, floors, working surfaces, furniture, and fixtures. The written procedure shall identify the types of disinfectants and cleaning materials to be used; and

(B) the methods to prevent the infestation of insects and rodents and, if necessary, to remove insects and rodents;

(2) standards for infection control and the disposal of biological waste. The standards shall be at least as stringent as the standards in all applicable laws pertaining to the disposal of medical and hazardous waste and shall specify the following:

(A) The procedures to limit the spread of infection among patients and personnel through universal precautions, hand hygiene, and the proper handling and disposal of sharp objects;

(B) the methods to decontaminate infected items with germicidal, virucidal, bactericidal, tuberculocidal, and fungicidal products; and

(3) standards for maintaining drugs, supplies, and medical equipment. The standards shall be at least as stringent as the standards in all applicable laws pertaining to the supply, storage, security, and administration of controlled drugs and shall specify the following:

(A) The manner of storing drugs and supplies to guard against tampering and theft;

(B) the procedures for disposal of expired drugs and supplies; and

(4) standards for maintaining the safety of physical facilities. The standards shall require that all of the following conditions are met:

(A) The office is properly equipped and maintained in good repair as necessary to prevent reasonably foreseeable harm to patients, personnel, and the public;

(B) the lighting, ventilation, filtration, and temperature control are adequate for the direct patient care to be performed;

(C) the floors, walls, and ceilings have surfaces that can be cleaned, disinfected, sterilized, or replaced as appropriate for the direct patient care to be performed;

(D) adequate measures are in place to deter any unauthorized individuals from entering the treatment rooms; and

(E) all passageways are free of clutter; and

(5) a plan for reporting each reportable incident pursuant to K.S.A. 65-28,122 and K.S.A. 65-4923 and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2837; effective, T-100-8-22-05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)

Kan. Admin. Regs. § 100-25-3 Requirements for office-based surgery and special procedures

A physician shall not perform any office-based surgery or special procedure unless the office meets the requirements of K.A.R. 100-25-2. Except in an emergency, a physician shall not perform any office-based surgery or special procedure on and after January 1, 2006 unless all of the following requirements are met: (a) Personnel.

(1) All health care personnel shall be qualified by training, experience, and licensure as required by law.

(2) At least one person shall have training in advanced resuscitative techniques and shall be in the patient's immediate presence at all times until the patient is discharged from anesthesia care.

(b) Office-based surgery and special procedures.

(1) Each office-based surgery and special procedure shall be within the scope of practice of the physician.

(2) Each office-based surgery and special procedure shall be of a duration and complexity that can be undertaken safely and that can reasonably be expected to be completed, with the patient discharged, during normal operational hours.

(3) Before the office-based surgery or special procedure, the physician shall evaluate and record the condition of the patient, any specific morbidities that complicate operative and anesthesia management, the intrinsic risks involved, and the invasiveness of the planned office-based surgery or special procedure or any combination of these.

(4) The physician or a registered nurse anesthetist administering anesthesia shall be physically present during the intraoperative period and shall be available until the patient has been discharged from anesthesia care.

(5) Each patient shall be discharged only after meeting clinically appropriate criteria. These criteria shall include, at a minimum, the patient's vital signs, the patient's responsiveness and orientation, the patient's ability to move voluntarily, and the ability to reasonably control the patient's pain, nausea, or vomiting, or any combination of these.

(1) All operating equipment and materials shall be sterile, to the extent necessary to meet the applicable standard of care.

(2) Each office at which office-based surgery or special procedures are performed shall have a defibrillator, a positive-pressure ventilation device, a reliable source of oxygen, a suction device, resuscitation equipment, appropriate emergency drugs, appropriate anesthesia devices and equipment for proper monitoring, and emergency airway equipment including appropriately sized oral airways, endotracheal tubes, laryngoscopes, and masks.

(3) Each office shall have sufficient space to accommodate all necessary equipment and personnel and to allow for expeditious access to the patient, anesthesia machine, and all monitoring equipment.

(4) All equipment shall be maintained and functional to ensure patient safety.

(5) A backup energy source shall be in place to ensure patient protection if an emergency occurs.

(d) Administration of anesthesia. In an emergency, appropriate life-support measures shall take precedence over the requirements of this subsection. If the execution of life-support measures requires the temporary suspension of monitoring otherwise required by this subsection, monitoring shall resume as soon as possible and practical. The physician shall identify the emergency in the patient's medical record and state the time when monitoring resumed. All of the following requirements shall apply:

(1) A preoperative anesthetic risk evaluation shall be performed and documented in the patient's record in each case. In an emergency during which an evaluation cannot be documented preoperatively without endangering the safety of the patient, the anesthetic risk evaluation shall be documented as soon as feasible.

(2) Each patient receiving intravenous anesthesia shall have the blood pressure and heart rate measured and recorded at least every five minutes.

(3) Continuous electrocardiography monitoring shall be used for each patient receiving intravenous anesthesia.

(4) During any anesthesia other than local anesthesia and minimal sedation, patient oxygenation shall be continuously monitored with a pulse oximeter. Whenever an endotracheal tube or laryngeal mask airway is inserted, the correct functioning and positioning in the trachea shall be monitored throughout the duration of placement.

(5) Additional monitoring for ventilation shall include palpation or observation of the reservoir breathing bag and auscultation of breath sounds.

(6) Additional monitoring of blood circulation shall include at least one of the following:

(A) Palpation of the pulse;

(B) auscultation of heart sounds;

(D) pulse plethysmography; or

(E) ultrasound peripheral pulse monitoring.

(7) When ventilation is controlled by an automatic mechanical ventilator, the functioning of the ventilator shall be monitored continuously with a device having an audible alarm to warn of disconnection of any component of the breathing system.

(8) During any anesthesia using an anesthesia machine, the concentration of oxygen in the patient's breathing system shall be measured by an oxygen analyzer with an audible alarm to warn of low oxygen concentration.

(e) Administrative policies and procedures.

(1) Each office shall have written protocols in place for the timely and safe transfer of the patients to a prespecified medical care facility within a reasonable proximity if extended or emergency services are needed. The protocols shall include one of the following:

(A) A plan for patient transfer to the specified medical care facility;

(B) a transfer agreement with the specified medical care facility; or

(C) a requirement that all physicians performing any office-based surgery or special procedure at the office have admitting privileges at the specified medical care facility.

(2) Each physician who performs any office-based surgery or special procedure that results in any of the following quality indicators shall notify the board in writing within 15 calendar days following discovery of the event:

(A) The death of a patient during any office-based surgery or special procedure, or within 72 hours thereafter;

(B) the transport of a patient to a hospital emergency department;

(C) the unscheduled admission of a patient to a hospital within 72 hours of discharge, if the admission is related to the office-based surgery or special procedure;

(D) the unplanned extension of the office-based surgery or special procedure more than four hours beyond the planned duration of the surgery or procedure being performed;

(E) the discovery of a foreign object erroneously remaining in a patient from an office-based surgery or special procedure at that office; or

(F) the performance of the wrong surgical procedure, surgery on the wrong site, or surgery on the wrong patient.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2837; effective, T-100-8-22-05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)

Kan. Admin. Regs. § 100-25-4 Office-based surgery and special procedures using general anesthesia or a spinal or epidural block

(a) In addition to meeting the requirements stated in K.A.R. 100-25-2 and 100-25-3, a physician shall not perform any office-based surgery or special procedure using general anesthesia or a spinal or epidural block unless the office is equipped with the following:

(1) Medications and equipment available to treat malignant hyperthermia when triggering agents are used. At a minimum, the office shall have a supply of dantrolene sodium adequate to treat each patient until the patient is transferred to an emergency facility;

(2) tracheotomy and chest tube kits;

(3) an electrocardiogram that is continuously displayed from the induction and during the maintenance of general anesthesia or the spinal or epidural block;

(4) a means readily available to measure the patient's temperature; and

(5) qualified, trained personnel available and dedicated solely to patient monitoring.

(b) On and after July 1, 2006, each physician who performs any office-based surgery or special procedure using general anesthesia or a spinal or epidural block shall perform the office-based surgery or special procedure only in an office that meets at least one of the following sets of standards, all of which are hereby adopted by reference except as specified:

(1) Sections 110-010 through 1031-02 in the "standards and checklist for accreditation of ambulatory surgery facilities" by the American association for accreditation of ambulatory surgery facilities, inc., revised in 2005;

(2) "section two: accreditation" and the glossary, except the definition of "physician," in "accreditation requirements for ambulatory care/surgery facilities" by the healthcare facilities accreditation program of the American osteopathic association, 2001-2002 edition;

(3) section 1 and section 2 in "accreditation manual for office-based surgery practices" by the joint commission on accreditation of healthcare organizations, second edition, dated 2005;

(4) "accreditation standards for ambulatory facilities" by the institute for medical quality, 2003 edition. The appendices are not adopted; or

(5) chapters 1 through 6, 8 through 10, 15, 16, 19, 22, and 24 and appendices A and I in the "accreditation handbook for ambulatory health care" by the accreditation association for ambulatory health care, inc., 2005 edition.

(c) A physician who maintains an office shall not permit any office-based surgery or special procedure involving general anesthesia or a spinal or epidural block to be performed in that office unless the office meets at least one of the five sets of standards adopted in subsection (b).

(d) Accreditation of an office by an organization whose standards are adopted in subsection (b) shall be prima facie evidence that those standards are currently being met.

(e) This regulation shall not apply to any professional service performed in an emergency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2837; effective, T-100-8-22-05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)

Kan. Admin. Regs. § 100-25-5 Standard of care

Each person licensed to practice a branch of the healing arts who performs direct patient care in an office or who performs any office-based surgery or special procedures in an office shall meet the standard of care established by the regulations in this article.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 65-2837; effective, T-100-8-22-05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)

Article 26 Services Rendered to Individuals Located in This State; Out-of-State Practitioners

Kan. Admin. Regs. § 100-26-1 Services rendered to individuals located in this state

(a) Except as authorized by K.S.A. 65-2872 and amendments thereto and this article, each person, regardless of location, who performs any act specified in K.S.A. 65-2802(a) and amendments thereto or who issues an order for any service that constitutes the practice of the healing arts on an individual located in this state shall be deemed to be engaged in the practice of the healing arts in this state.

(b) Nothing in this article shall be construed to prohibit an out-of-state practitioner, as defined by K.A.R. 100-26-2, from providing verbal, written, or electronic communication that is incidental to the services lawfully provided by the out-of-state practitioner and that is conveyed to any of the following individuals located in this state:

(1) Any health professional;

(2) any patient; or

(3) any individual authorized to act on behalf of a patient.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865 and 65-2872, as amended by L. 2005, Ch. 117, §1; implementing K.S.A. 65-2872, as amended by L. 2005, Ch. 117, §1; effective June 20, 1994; amended, T-100-8-22-05, Aug. 22, 2005; amended, T-100-12-20-05, Dec. 20, 2005; amended March 17, 2006.)

Kan. Admin. Regs. § 100-26-2 Definitions

As used in this article, the following definitions shall apply: (a) "Diagnostic professional service" means the testing of a human being for the detection or evaluation of a disease, ailment, deformity, or injury within this state pursuant to the valid order of an out-of-state practitioner.

(b) "Health care facility" means an entity licensed by the secretary of the Kansas department of health and environment or by the secretary of the department of social and rehabilitation services of the state of Kansas to provide any service that constitutes the practice of the healing arts. This term shall include any persons who are employed by the health care facility to implement the orders issued by licensees of the board.

(c) "Health professional" means an individual who is licensed, registered, or certified by a Kansas regulatory agency and who renders services, directly or indirectly, for the purpose of any of the following:

(1) Preventing physical, mental, or emotional illness;

(2) detecting, diagnosing, and treating illness;

(3) facilitating recovery from illness; or

(4) providing rehabilitative or continuing care following illness.

(d) "Licensee" means a person licensed by the board to practice the healing arts.

(e) "Out-of-state practitioner" means an individual who is licensed in another state to practice a branch of the healing arts without suspension or disciplinary limitation to issue a valid order, if that individual does not maintain an office or appoint a place to regularly meet patients or receive calls within the state of Kansas.

(f) "Therapeutic professional service" means any treatment for the cure, relief, palliation, adjustment, or correction of any human disease, ailment, deformity, or injury.

(g) "Valid order" means an order by an out-of-state practitioner for a diagnostic professional service or therapeutic professional service that is transmitted orally, electronically, or in writing, if all of the following conditions are met:

(1) The order is within the lawful scope of authority of the out-of-state practitioner.

(2) The order may be lawfully ordered or provided by a licensee in this state who practices the same branch of the healing arts as that of the out-of-state practitioner.

(3) The order is issued by an out-of-state practitioner who is not any of the following:

(A) A licensee whose license is suspended;

(B) an individual who previously was a licensee whose license is revoked under K.S.A. 65-2836 and amendments thereto; or

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2872, as amended by L. 2005, Ch. 117, § 1; effective, T-100-8-22-05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)

Kan. Admin. Regs. § 100-26-3 Orders for diagnostic professional services and therapeutic professional services

(a) Any health care facility may perform a diagnostic professional service or therapeutic professional service pursuant to the valid order of an out-of-state practitioner.

(b) Any health professional may perform a diagnostic professional service outside of a health care facility pursuant to the valid order of an out-of-state practitioner.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2872, as amended by L. 2005, Ch. 117, § 1; effective, T-100-8-22-05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)

Article 27 Light-Based Medical Treatment

Kan. Admin. Regs. § 100-27-1 Supervision of light-based medical treatment

(a) (1) The phrase "class III or class IV device" shall mean a medical instrument that meets either of the following conditions:

(A) Is a class IIIa, class IIIb, or class IV laser product as defined by 21 C.F.R. § 1040.10, as in effect on March 31, 2000; or

(B) emits radiation in a continuous wave of more than one milliwatt or at a pulsed rate of more than five milliwatts.

(2) The phrase "immediately available" shall mean that the licensee either is physically present in the same building or can be present at the location where the service is performed within five minutes.

(3) "Licensee" shall mean a person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.

(4) The phrase "light-based medical device" shall mean any instrument that produces or amplifies electromagnetic radiation at wavelengths equal to or greater than 180 nanometers, but less than or equal to 1.0 X 106 nanometers, for the purpose of affecting the structure or function of any part of the living human body.

(5) The phrase "physically present" shall mean that the licensee is capable of constant, direct communication and is in the same office within the building where the service is performed throughout the entire time during which the service is performed.

(b) A licensee shall not authorize another person to perform a professional service using a light-based medical device unless either the licensee is immediately available or, except as limited by subsection (c), there is a written practice protocol signed by the licensee and the person performing the treatment that requires all of the following:

(1) The person performing the treatment will not provide any service for which the person is not competent by training, education, and experience.

(2) The person receiving the treatment is required to give consent to the treatment, after being informed of the nature and purpose of the treatment, risks, and expected consequences of treatment, alternatives to light-based medical treatment, and identification of the treatment as a medical and surgical procedure.

(3) The person performing the treatment is required to inform the person receiving the treatment of the licensee's identity, emergency telephone number, and practice location, if different from the location at which the treatment is performed.

(4) Each treatment is required to be performed only at a location that the licensee maintains for the practice of the branch of the healing arts for which the licensee is licensed.

(5) Each treatment provided while the licensee is not physically present is required to be performed within written operating parameters.

(6) Creation of an adequate patient record is required.

(7) The licensee is required to review the patient record and authenticate this review within 14 days following the treatment.

(8) The person performing the treatment is prohibited from delegating the use of the light-based medical device to another person.

(c) A licensee shall not authorize another person to perform a professional service using a class III or class IV device or an intense pulsed-light device substantially equivalent to a laser surgical device as defined by 21 C.F.R. § 878.4810, as in effect on January 16, 1996, unless either of the following conditions is met:

(1) The licensee is physically present.

(2) The licensee is immediately available, and there is a written protocol signed by the licensee and the person performing the treatment that meets the requirements of paragraphs (b)(1) through (b)(8).

(d) This regulation shall not apply to an order by a licensee to any appropriate person for the application of light-based medical devices for phototherapy in the treatment of hyperbilirubinemia in neonates.

(e) This regulation shall not apply to any of the following:

(1) Any person licensed under the healing arts act to practice chiropractic who engages in light-based physiotherapy;

(2) any licensed physical therapist who provides treatments as authorized by law; or

(3) any licensed occupational therapist who provides treatments as authorized by law.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865; implementing K.S.A. 2005 Supp. 65-28,127; effective June 1, 2001; amended March 22, 2002; amended Sept. 15, 2006.)

Article 28a Physician Assistants

Kan. Admin. Regs. § 100-28a-1 Fees

The following fees shall be collected by the board:

(b) Annual renewal of license:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 65-28a03; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended Nov. 15, 2002; amended Nov. 19, 2004; amended Nov. 26, 2007; amended, T-100-10-16-08, Oct. 16, 2008; amended Feb. 13, 2009.)

Kan. Admin. Regs. § 100-28a-1a Definitions

As used in this article, each of the following terms shall have the meaning specified in this regulation:

(a) "Active practice request form" means the board-provided form that each physician assistant is required to submit to the board pursuant to K.S.A. 65-28a03, and amendments thereto, as a condition of engaging in active practice and that is signed by the physician assistant, supervising physician, and each substitute supervising physician. Each active practice request form contains a section called the written agreement.

(b) "Different practice location" means a practice location at which a supervising physician is physically present less than 20 percent of the time that the practice location provides medical services to patients. This term shall not include a medical care facility, as defined in K.S.A. 65-425 and amendments thereto.

(c) "Direct supervision" means a type of supervision in which the supervising physician or substitute supervising physician is physically present at the site of patient care and capable of immediately providing direction or taking over care of the patient.

(d) "Emergency medical condition" means the sudden and, at the time, unexpected onset of a person's health condition that requires immediate medical attention, for which the failure to provide medical attention would result in serious impairment to bodily functions or serious dysfunction of a bodily organ or part or would place the person's health in serious jeopardy.

(e) "Indirect supervision" means a type of supervision in which the supervising physician or substitute supervising physician can be physically present at the site of patient care within 15 minutes to provide direct supervision.

(f) "Off-site supervision" means a type of supervision in which the supervising physician or substitute supervising physician is not physically present at the site of patient care but is immediately available by means of telephonic or electronic communication.

(g) "Practice location" means any location at which a physician assistant is authorized to practice, including a medical care facility as defined in K.S.A. 65-425 and amendments thereto.

(h) "Substitute supervising physician" means each physician designated by prior arrangement pursuant to K.S.A. 65-28a09, and amendments thereto, to provide supervision to the physician assistant if the supervising physician is temporarily unavailable.

(i) "Supervision" means oversight by a supervising physician or a substitute supervising physician of delegated medical services that may be performed by a physician assistant. The types of supervision shall include direct supervision, indirect supervision, and off-site supervision.

(j) "Written agreement" means the section of the active practice request form that specifies the agreed scope of authorized medical services and procedures and prescription-only drug authority for each physician assistant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-28a02 and 65-28a08; implementing K.S.A. 2015 Supp. 65-28a03, 65-28a08, and 65-28a09; effective, T-100-12-10-15, Jan. 11, 2016; effective May 6, 2016.)

Kan. Admin. Regs. § 100-28a-2 Application

(a) Each application for licensure as a physician assistant shall be submitted on a form provided by the board. The form shall contain the following information:

(1) The applicant's full name;

(2) the applicant's home address and, if different, the applicant's mailing address;

(3) the applicant's date and place of birth;

(4) the applicant's social security number, individual tax identification number, or nondriver identification number, if the applicant is advised that providing a social security number is voluntary pursuant to K.S.A. 74-139 and 74-148, and amendments thereto, and that if the social security number is provided, the agency may provide this number to the Kansas department of social and rehabilitation services for child support enforcement purposes and to the Kansas department of revenue's director of taxation;

(5) the issue date; state, territory, the District of Columbia, or other country of issuance; and the identifying number on any license, registration, or certification issued to the applicant to practice any health care profession;

(6) documentation of any prior acts constituting unprofessional conduct as defined in K.A.R. 100-28a-8;

(7) the applicant's daytime telephone number;

(8) the names of all educational programs recognized under K.A.R. 100-28a-3 that the applicant attended, including the program from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;

(9) notarized certification that the applicant has completed a physician assistant program from a postsecondary school recognized under K.A.R. 100-28a-3;

(10) a list of all attempts to gain board certification recognized under K.A.R. 100-28a-4 and an official copy of the applicant's board certification; and

(11) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application.

(b) Each applicant shall submit the following with the application:

(1) The fee required by K.A.R. 100-28a-1;

(2) an official transcript from an educational program approved by the board as provided in K.A.R. 100-28a-3 that specifies the degree awarded to the applicant;

(3) a verification from each state, country, territory, or the District of Columbia where the applicant has been issued any license, registration, or certification to practice any health care profession;

(4) a photograph of the applicant measuring two inches by three inches and showing the head and shoulder areas only. The photograph shall be taken within 90 days before the date of application; and

(5) evidence provided directly to the board from the national commission on certification of physician assistants that the applicant has passed the physician assistant national certifying examination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2008 Supp. 65-28a03; implementing K.S.A 65-28a04; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended Jan. 4, 2010.)

Kan. Admin. Regs. § 100-28a-3 Education and training

(a) Each educational program for physician assistants accredited by the accreditation review committee on education for the physician assistant, inc., or by a predecessor agency, and all other educational programs that are determined by the board to have a standard of education substantially equivalent to the accreditation criteria of the committee shall be approved by the board.

(b) Each applicant who has acquired experience as a physician assistant while serving in the armed forces of the United States shall provide proof that the applicant is competent to perform all of the following:

(1) Screen patients to determine need for medical attention;

(2) review patient records to determine health status;

(3) take a patient history;

(4) perform a physical examination;

(5) perform a developmental screening examination on children;

(6) record pertinent patient data;

(7) make decisions regarding data gathering and appropriate management and treatment of patients being seen for the initial evaluation of a problem or the follow-up evaluation of a previously diagnosed and stabilized condition;

(8) prepare patient summaries;

(9) initiate requests for commonly performed initial laboratory studies;

(10) collect specimens for and carry out commonly performed blood, urine, and stool analyses and cultures;

(11) identify normal and abnormal findings on history, physical examination and commonly performed laboratory studies;

(12) initiate appropriate evaluation and emergency management for emergency situations, including cardiac arrest, respiratory distress, injuries, burns and hemorrhage;

(13) counsel and instruct patients; and

(14) administer commonly performed clinical procedures that shall include all of the following:

(A) Venipuncture;

(B) intradermal tests;

(D) care and suturing of minor lacerations;

(E) casting and splinting;

(F) control of external hemorrhage;

(G) application of dressings and bandages;

(H) administration of medications and intravenous fluids, and transfusion of blood or blood components;

(I) removal of superficial foreign bodies;

(J) cardiopulmonary resuscitation;

(K) audiometry screening;

(L) visual screening; and

(M) aseptic and isolation techniques.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2000 Supp. 65-28a03; implementing K.S.A. 2000 Supp. 65-28a04; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001.)

Kan. Admin. Regs. § 100-28a-4 Examination

(a) The examination approved by the board for licensure as a physician assistant shall be the physician assistant national certifying examination prepared and administered by the national commission on certification of physician assistants.

(b) To pass the approved examination, each applicant shall achieve at least the minimum passing score of 350.

(c) Each applicant who has passed the approved examination for a license and has not been in active practice as a physician assistant for more than one year, but less than five years from the date the application was submitted, shall provide one of the following:

(1) Evidence of completion of a minimum of 50 continuing education credit hours; or

(2) proof that the applicant has passed an examination approved by the board within 12 months before the date the application was submitted, or has successfully completed a continuing education program, or other individually tailored program approved by the board.

(d) Each applicant who has passed the examination for a license and has not been in active practice as a physician assistant for five years or more from the date the application was submitted shall provide proof that the applicant has passed an examination approved by the board within 12 months before the date the application was submitted, or has successfully completed a continuing education program or other individually tailored program approved by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2000 Supp. 65-28a03; implementing K.S.A. 2000 Supp. 65-28a03 and 65-28a04; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001.)

Kan. Admin. Regs. § 100-28a-5 Continuing education

(a) Each physician assistant shall submit with the renewal application one of the following:

(1) Evidence of satisfactory completion of at least 50 continuing education credit hours during the preceding year. At least 20 continuing education credit hours shall be acquired from category I and at least one continuing education credit hour shall be acquired from category III, if 50 continuing education credit hours are submitted with the renewal application;

(2) evidence of satisfactory completion of at least 100 continuing education credit hours during the preceding two-year period. At least 40 continuing education credit hours shall be acquired from category I and at least two continuing education credit hours shall be acquired from category III, if 100 continuing education credit hours are submitted with the renewal application; or

(3) evidence verifying satisfactory completion of continuing education credit hours equivalent, in number and category, to those hours required by paragraph (a)(1) or (2), issued by a national, state, or local organization with continuing education standards that are at least as stringent as the board's standards.

(b) A continuing education credit hour shall be 50 minutes of instruction or its equivalent. Meals and exhibit breaks shall not be included in the calculation of continuing education credit hours.

(c) Any applicant that does not meet the requirements for license renewal in subsection (a) may request an extension from the board. The request shall include a plan for completion of the continuing education requirements within the requested extension period. An extension of up to six months may be granted by the board if documented circumstances make it impossible or extremely difficult for the individual to reasonably obtain the required continuing education hours.

(d) Each physician assistant initially licensed within one year of a renewal registration date shall be exempt from the continuing education required by subsection (a) for that first renewal period.

(e) The categories of continuing education credit shall be the following:

(1) Category I: attendance at an educational presentation that is approved by the board;

(2) category II: participating in or attending an educational activity that is approved by the board. Category II continuing education may include self-study or group activities; and

(3) category III: participating in or attending an internet or live educational activity that meets the requirements of either a category I or a category II continuing education activity and meets at least one of the following content requirements:

(A) Acute or chronic pain management;

(B) the appropriate prescribing of opioids; or

(f) Evidence of satisfactory completion of continuing education shall be submitted to the board as follows:

(1) Documented evidence of attendance at or participation in category I, II, and III activities; or

(2) verification, on a form provided by the board, of self-study from reading professional literature or other self-study activities.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28a03; implementing K.S.A. 65-28a04; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended March 30, 2012; amended July 9, 2021.)

Kan. Admin. Regs. § 100-28a-6 Scope of practice

Any physician assistant may perform acts that constitute the practice of medicine and surgery as follows:

(a) When directly ordered, authorized, and coordinated by the supervising physician or substitute supervising physician through that individual's physical presence;

(b) when directly ordered, authorized, and coordinated by the supervising physician or substitute supervising physician through verbal or electronic communication;

(c) when authorized by the active practice request form submitted to, the board by the physician assistant and the supervising physician as required by K.A.R. 100-28a-9; or

(d) if required to treat a patient with an emergency medical condition.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-28a03; implementing K.S.A. 2015 Supp. 65-28a08; amended, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016.)

Kan. Admin. Regs. § 100-28a-7 Professional incompetency: defined

"Professional incompetency" means any of the following: (a) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;

(b) repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; or

(c) a pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to perform professional services as a physician assistant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2000 Supp. 65-28a03; implementing K.S.A. 2000 Supp. 65-28a05; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001.)

Kan. Admin. Regs. § 100-28a-8 Unprofessional conduct: defined

"Unprofessional conduct" means any of the following: (a) Being convicted of a class A misdemeanor, whether or not related to the practice as a physician assistant;

(b) committing fraud or misrepresentation in applying for or securing an original, renewal, or reinstated license;

(d) soliciting professional services through the use of fraudulent or false advertisements;

(e) willfully or repeatedly violating the physician assistant licensure act, the pharmacy act of the state of Kansas, or the uniform controlled substances act, or any regulations adopted pursuant to these acts;

(f) engaging in the practice as a physician assistant under a false or assumed name, or impersonating another practitioner;

(g) practicing as a physician assistant without reasonable skill and safety to patients because of any of the following:

(1) Illness;

(2) alcoholism;

(3) excessive use of alcohol, drugs, controlled substances, chemicals, or any other type of material; or

(4) any mental or physical condition;

(h) having a license, certification, or registration revoked, suspended, limited, censured, or having any other disciplinary action taken, or an application for a license denied by the proper licensing authority of another state, territory, the District of Columbia, or other country;

(i) prescribing, selling, administering, distributing, or giving a controlled substance to any person for other than a medically accepted or lawful purpose;

(j) prescribing, dispensing, administering, or distributing a prescription drug or substance, including a controlled substance, in an excessive, improper, or inappropriate manner or quantity, or not in the course of the licensee's professional practice;

(k) prescribing, dispensing, administering, or distributing an anabolic steroid or human growth hormone for other than a valid medical purpose;

(l) prescribing, ordering, dispensing, administering, selling, supplying, or giving any amphetamines or sympathomimetic amines, except as authorized by K.S.A. 2000 Supp. 65-2837a, and amendments thereto;

(m) failing to furnish the board, or its investigators or representatives, with any information legally requested by the board;

(n) knowingly submitting any misleading, deceptive, untrue, or fraudulent representation on a claim form, bill, or statement;

(o) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;

(p) assisting in the care or treatment of a patient without the consent of the patient, the attending physician, or the patient's legal representative;

(q) willfully betraying confidential information;

(r) committing conduct likely to deceive, defraud, or harm the public;

(s) allowing another person or organization to use the physician assistant's license to perform professional services;

(t) committing any act of sexual abuse, misconduct, or exploitation related to the licensee's professional practice;

(u) failing to keep written medical records that accurately describe the services rendered to the patient;

(v) using any false, fraudulent, or deceptive statement in any document connected with the practice of the healing arts, including the intentional falsifying or fraudulent altering of a patient or medical care facility record;

(w) performing unnecessary tests, examinations, or services that have no legitimate medical purpose; or

(x) delegating professional responsibilities to a person if the physician assistant knows or has reason to know that the person is not qualified by education, training, or experience to perform them.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2000 Supp. 65-28a03; implementing K.S.A. 2000 Supp. 65-28a05; effective, T-100-2-13-01, Feb. 13 2001; effective June 1, 2001.)

Kan. Admin. Regs. § 100-28a-9 Active practice request form; content

The active practice request form submitted by each physician assistant shall contain the following:

(a) The name and license number of the physician assistant;

(b) the name and license number of the supervising physician;

(d) information about each practice location, including hospitals and other facilities, which shall include the following:

(1) The street address and telephone number;

(2) a description of the type of medical services provided to patients;

(3) specification of whether the location is a different practice location and, if so, whether the physician assistant has spent at least 80 hours since being licensed under the direct supervision of a physician licensed in this state; and

(4) the name of each substitute supervising physician who shall provide supervision to the physician assistant at the practice location if the supervising physician is temporarily unavailable;

(e) the written agreement, which shall contain the following information:

(1) A description of the medical services and procedures that the physician assistant may perform at each practice location;

(2) a list of any medical services and procedures that the physician assistant is prohibited from performing;

(3) any types of supervision required for specified medical services and procedures;

(4) the prescription-only drugs, including controlled substances and professional samples, that the physician assistant is authorized to prescribe, administer, dispense, or distribute;

(5) any specific exceptions to the physician assistant's authority to prescribe, administer, dispense, or distribute prescription-only drugs, including controlled substances and professional samples;

(6) a description of the procedure for communication between the supervising physician and the physician assistant if the physician assistant is at a different practice location; and

(7) a description of the procedure for notifying a substitute supervising physician if the supervising physician is unavailable;

(f) an acknowledgment that the supervising physician or a substitute supervising physician shall be available for communication with the physician assistant at all times during which the physician assistant could reasonably be expected to provide professional services;

(g) an acknowledgment that a current copy of the active practice request form shall be maintained at each practice location and that any amendments to the active practice request form shall be provided to the board within 10 days of being made;

(h) confirmation that the supervising physician has established and implemented a method for the initial, periodic, and annual evaluation of the professional competency of the physician assistant required by K.A.R. 100-28a-10;

(i) confirmation that the medical services and procedures that the physician assistant is authorized to perform are within the clinical competence and customary practice of the supervising physician and all substitute supervising physicians; and

(j) the dated signatures of the physician assistant, supervising physician, and all substitute supervising physicians.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-28a03 and 65-28a08; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016.)

Kan. Admin. Regs. § 100-28a-9a Active practice request form; requirements

(a) Each physician assistant who requests to engage in active practice on or after January 11, 2016 shall submit to the board an active practice request form that contains the information required by K.A.R. 100-28a-9.

(b) Each physician assistant actively practicing before January 11, 2016 shall submit to the board on or before July 1, 2016 an active practice request form that contains the information required by K.A.R. 100-28a-9.

(c) Each physician assistant shall submit to the board, on a board-provided form, any subsequent amendments to the information on that individual's active practice request form within 10 days of the amendment being made.

(d) Each physician assistant shall maintain a current copy of the active practice request form at each practice location.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-28a03 and 65-28a08; effective, T-100-12-10-15, Jan. 11, 2016; effective May 6, 2016.)

Kan. Admin. Regs. § 100-28a-10 Supervising physician

(a) Each supervising physician shall meet all of the following requirements:

(1) Engage in the practice of medicine and surgery in Kansas;

(2) verify that the physician assistant has a current license issued by the board;

(3) at least annually, review, evaluate, and determine whether the physician assistant has performed patient services constituting the practice of medicine and surgery with professional competence and with reasonable skill and safety;

(4) at least annually, review the active practice request form required by K.A.R. 100-28a-9 and determine if any amendments are necessary. Each amendment shall be conveyed to the physician assistant, specified in all copies of the active practice request form, and provided to the board within 10 days of being made;

(5) report to the board any knowledge of disciplinary hearings, formal hearings, public or private censure, or other disciplinary action taken against the physician assistant by any state's licensure or registration authority or any professional association. The supervising physician shall report this information to the board within 10 days of receiving notice of the information;

(6) report to the board the termination of responsibility by the supervising physician or any litigation alleging conduct by the physician assistant that would constitute grounds for disciplinary action under the physician assistant licensure act. The supervising physician shall report this information to the board within 10 days of receiving notice of the information;

(7) arrange for a substitute supervising physician to provide supervision on each occasion when the supervising physician is temporarily absent, is unable to be immediately contacted by telecommunication, or is otherwise unavailable at any time the physician assistant could reasonably be expected to provide professional services; and

(8) delegate to the physician assistant only those acts that constitute the practice of medicine and surgery and meet the following conditions:

(A) The supervising physician believes or has reason to believe that the acts can be competently performed by the physician assistant, based upon the physician assistant's background, training, capabilities, skill, and experience; and

(B) the acts are within the supervising physician's clinical competence and customary practice.

(b) The supervising physician shall develop and implement a written method for evaluating whether the physician assistant has performed patient services constituting the practice of medicine and surgery with professional competence and with reasonable skill and safety.

(1) During the first 30 days of the supervising physician-physician assistant supervisory relationship, the supervising physician shall review and authenticate all medical records of each patient evaluated or treated by the physician assistant within seven days of the date the physician assistant evaluated or treated the patient. The supervising physician shall authenticate each record by original signature or initials and shall record the date of the review. Electronically generated signatures shall be acceptable if reasonable measures have been taken to prevent unauthorized use of the electronically generated signature.

(2) After the first 30 days of the supervising physician-physician assistant supervisory relationship, the supervising physician shall document the periodic review and evaluation of the physician assistant's performance required by paragraph (a)(3), which may include the review of patient records. The supervising physician and the physician assistant shall sign the written review and evaluation and maintain a copy at each practice location, which shall be made available to the board upon request.

(c) Except as otherwise required by K.A.R. 100-28a-13, a supervising physician shall not be required to cosign orders or prescriptions written in a patient's medical record by a physician assistant to whom the supervising physician has delegated the performance of services constituting the practice of medicine and surgery.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-28a03 and 65-28a08; implementing K.S.A. 2015 Supp. 65-28a02, 65-28a08, and 65-28a09; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended May 15, 2009; amended March 30, 2012; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016.)

Kan. Admin. Regs. § 100-28a-11 Duty to communicate; emergency medical conditions

(a) Except as specified in subsection (b), each physician assistant shall communicate with the supervising physician or substitute supervising physician concerning a patient's condition if the physician assistant believes that the patient's condition may require either of the following:

(1) Any treatment that the physician assistant has not been authorized to perform; or

(2) any treatment that exceeds the physician assistant's competence.

(b) If a patient has an emergency medical condition requiring immediate treatment that the physician assistant has not been authorized to perform, the physician assistant shall communicate with the supervising physician or substitute supervising physician concerning the patient's emergency medical condition as soon as is clinically feasible. The physician assistant shall document that individual's communication with the supervising physician or substitute supervising physician in the patient's medical record.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-28a03; implementing K.S.A. 2015 Supp. 65-28a08; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016.)

Kan. Admin. Regs. § 100-28a-12 Substitute supervising physician

If a substitute supervising physician supervises a physician assistant, the substitute supervising physician shall meet the same requirements as those of the supervising physician.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-28a02 and 65-28a03; implementing K.S.A. 2015 Supp. 65-28a02 and 65-28a09; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016.)

Kan. Admin. Regs. § 100-28a-13 Prescription-only drugs

(a) Any physician assistant may administer, prescribe, distribute, or dispense a prescription-only drug pursuant to K.S.A. 65-28a08, and amendments thereto, as authorized by the written agreement required by K.A.R. 100-28a-9 and as authorized by this regulation.

(b) As used in this regulation, "emergency situation" shall have the meaning specified in K.A.R. 68-20-19.

(1) If directly ordered or authorized by the supervising physician or substitute supervising physician;

(2) if authorized by a written agreement between the supervising physician and the physician assistant; or

(3) if an emergency situation exists.

(d)(1) Any physician assistant may prescribe a schedule II controlled substance in the same manner as that in which the physician assistant may perform acts that constitute the practice of medicine and surgery as specified in K.A.R. 100-28a-6. Except as specified in paragraph (d)(2), each prescription for a schedule II controlled substance shall be in writing.

(2) Any physician assistant may, by oral or telephonic communication, authorize a schedule II controlled substance in an emergency situation. Within seven days after authorizing an emergency prescription order, the physician assistant shall cause a written prescription, completed in accordance with appropriate federal and state laws, to be delivered to the dispenser of the drug.

(e) Any physician assistant may orally, telephonically, electronically, or in writing prescribe a controlled substance listed in schedule III, IV, or V, or a prescription-only drug not listed in any schedule as a controlled substance in the same manner as that in which the physician assistant may perform acts that constitute the practice of medicine and surgery as specified in K.A.R. 100-28a-6.

(f) Each written prescription order by a physician assistant shall meet the following requirements:

(1) Contain the name, address, and telephone number of the supervising physician;

(2) contain the name, address, and telephone number of the physician assistant;

(3) be signed by the physician assistant with the letters "P.A." following the signature; and

(4) contain any DEA registration number issued to the physician assistant if a controlled substance is prescribed.

(g) Any physician assistant may distribute a prescription-only drug to a patient only if all of the following conditions are met:

(1) The drug is distributed under the same conditions as those in which a physician assistant may directly administer a prescription-only drug, as described in subsection (b).

(2) The drug has been provided to the physician assistant or the physician assistant's supervising physician or employer at no cost.

(3) The drug is commercially labeled and is distributed to the patient in the original prepackaged unit-dose container.

(4) The drug is distributed to the patient at no cost.

(h) Any physician assistant may dispense a prescription-only drug to a patient under the limited circumstances specified in K.S.A. 65-28a08, and amendments thereto, in the same manner as that in which the physician assistant may perform acts that constitute the practice of medicine and surgery specified in K.A.R. 100-28a-6.

(i) A physician assistant shall not administer, prescribe, distribute, or dispense a prescription-only drug for any quantity or strength in excess of the normal and customary practice of the supervising physician.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-28a03 and 65-28a08; implementing K.S.A. 2015 Supp. 65-28a08; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016.)

Kan. Admin. Regs. § 100-28a-14 Different practice location

Any physician assistant may perform acts that constitute the practice of medicine and surgery at a different practice location if all of the following requirements are met:

(a) Before providing any services at the different practice location, the physician assistant shall have spent at least 80 hours since being licensed under the direct supervision of a physician licensed in this state.

(b) The supervising physician or substitute supervising physician shall remain available to provide guidance, direction, and coordination of the activities of the physician assistant. This availability may be provided by electronic means.

(d) Written notice that the different practice location is staffed primarily by a physician assistant shall be posted in a location where the notice is likely to be seen by patients.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28a03 and 65-28a08; implementing K.S.A. 65-28a08; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended July 22, 2005; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016; amended March 8, 2019.)

Kan. Admin. Regs. § 100-28a-15 Licensure; cancellation

(a) Except as specified in subsection (b), each physician assistant license issued by the board shall be cancelled on December 31 of each year.

(b) Each license issued or reinstated from October 1 through December 31 shall be cancelled on December 31 of the following year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2015 Supp. 65-28a03; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016.)

Kan. Admin. Regs. § 100-28a-16 Reinstatement; lapsed and revoked licenses

(a) Each applicant who has not been in active practice as a physician assistant in another state or jurisdiction and who wants to reinstate a license that has been lapsed for failure to renew shall submit proof of continuing medical education as follows:

(1) If the time since the license lapsed has been one year or less, no continuing medical education shall be required in addition to that which would have been necessary had the license been renewed before expiration.

(2) If the time since the license lapsed has been more than one year but less than five years, the applicant shall provide one of the following:

(A) Evidence of completion of at least 50 hours of continuing education credit, including at least one hour from category III, within 12 months before the date the application for reinstatement was submitted; or

(B) proof that the applicant has passed an examination approved by the board within 12 months before the date the application for reinstatement was submitted, or has successfully completed a continuing education program or other individual program approved by the board.

(3) If the time since the license lapsed has been five years or more, the applicant shall provide proof of passage of an examination approved by the board within 12 months before the date the application for reinstatement was submitted, or proof of successful completion of a continuing education program or other individual program approved by the board.

(b) Each applicant who has been in active practice as a physician assistant in another state or jurisdiction that requires a license, registration, or certification to practice and who wants to reinstate a license that has been lapsed for failure to renew shall submit proof of the current license, registration, or certification and proof of compliance with the continuing medical education requirements of that state or jurisdiction.

(c) Each applicant seeking reinstatement of a revoked license shall be required to successfully complete an individual program approved by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865 and 65-28a03; implementing K.S.A. 65-2844 and 65-28a03; effective, T-100-2-13-01, Feb. 13, 2001; effective June 1, 2001; amended July 9, 2021.)

Kan. Admin. Regs. § 100-28a-17 Number of physician assistants supervised; limitation for different practice location

(a) Except as otherwise specified in subsection (b), each supervising physician shall determine the number of physician assistants under the supervising physician's supervision. The supervising physician shall use professional judgment regarding that individual's ability to adequately supervise each physician assistant based upon the following factors:

(1) The supervising physician's ability to meet the requirements for supervision specified in K.A.R. 100-28a-10 for each physician assistant;

(2) the supervising physician's ability to provide the types of supervision that may be specified in the written agreement with each physician assistant;

(3) the specialty and setting of each practice location at which each physician assistant will provide services;

(4) the complexity of the patient population that each physician assistant will be treating; and

(5) the clinical experience and competency of each physician assistant.

(b)(1) A supervising physician shall not supervise more than a total of three physician assistants who provide services at a different practice location under K.A.R. 100-28a-14, regardless of the number of different practice locations, without the prior approval of the board. A supervising physician shall not under any circumstances supervise more than five physician assistants who provide services at a different practice location.

(2) The approval to supervise more than a total of three physician assistants who will provide services at a different practice location may be granted by the board if the supervising physician submits a signed request on a board-provided form that meets the following requirements:

(A) Verifies that the combined number of work hours of all the physician assistants who will provide services at a different practice location will not exceed 200 hours per week; and

(B) demonstrates that the supervising physician is able to adequately supervise each physician assistant under the supervising physician's supervision based on the factors specified in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-28a03; implementing K.S.A. 2015 Supp. 65-28a08; effective July 22, 2005; amended, T-100-12-10-15, Jan. 11, 2016; amended May 6, 2016.)

Kan. Admin. Regs. § 100-28a-18 Physician assistant; ownership of corporation or company

(a) Licensed physician assistants shall not hold more than 49 percent of the total number of shares issued by a professional corporation that is organized to render the professional services of a physician, surgeon or doctor of medicine, or osteopathic physician or surgeon.

(b) Licensed physician assistants shall not contribute more than 49 percent of the total amount of capital to a professional liability company that is organized to render the professional services of a physician, surgeon or doctor of medicine, or osteopathic physician or surgeon.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 17-2716 and K.S.A. 2004 Supp. 65-28a13; implementing K.S.A. 2004 Supp. 65-28a13; effective July 22, 2005.)

Article 28b Independent Practice of Midwifery

Kan. Admin. Regs. § 100-28b-1 Definitions

As used in this article of the board's regulations, each of the following terms shall have the meaning specified in this regulation:

(a) "Abortion" has the meaning specified in K.S.A. 65-6701, and amendments thereto.

(b) "Antepartum" means occurring in the period that commences when a pregnant woman presents herself to a licensee during pregnancy and ends at the onset of labor.

(c) "Approved national certification" means certification as a certified nurse-midwife by the American midwifery certification board.

(d) "Birthing center" means a facility that provides delivery services for normal, uncomplicated pregnancies. This term shall not include a medical care facility as defined by K.S.A. 65-425, and amendments thereto.

(e) "Family planning services" means the provision of contraceptive methods, preconception health services, and sexually transmitted infection screening and treatment to patients.

(f) "Formal consult" means the process whereby a licensee formally requests a physician's written recommendations for the care and treatment of a patient's identifiable risks.

(g) "Home birth" means an attended birth at a private residence or a location other than a birthing center or hospital.

(h) "Hospital" has the meaning specified in K.S.A. 65-425, and amendments thereto.

(i) "Identifiable risk" means medical history or clinical signs or symptoms that could require clinical services other than those associated with a normal, uncomplicated pregnancy and a normal, uncomplicated delivery.

(j) "Informal consult" means the process whereby a licensee who maintains management responsibility for the patient's care informally requests the advice or opinion of a physician.

(k) "Initial care of a normal newborn" means the clinical services provided to a normal newborn during the first 28 days of life. This term shall include lactation services.

(l) "Intrapartum" means occurring in the period commencing with the onset of labor and ending after the delivery of the placenta.

(m) "Licensee" means an individual licensed by the board to engage in the independent practice of midwifery as defined in K.S.A. 65-28b02, and amendments thereto.

(n) "Minor vaginal laceration" means a tear that extends beyond the fourchette, perineal skin, and vaginal mucosa to perineal muscles and fascia, but not the anal sphincter.

(o) "Newborn" means an infant during the first 28 days of life after birth.

(p) "Normal newborn" means a newborn who has been clinically determined to have no complications or to be at low risk of developing complications.

(q) "Normal, uncomplicated delivery" means delivery of a singleton cephalic vaginal birth that has been clinically determined to be at low risk for complications.

(r) "Normal, uncomplicated pregnancy" means a pregnancy that is initially determined to be at a low risk for a poor pregnancy outcome and that remains at a low risk throughout the pregnancy.

(s) "Patient" means a woman to whom an independent certified nurse-midwife provides clinical services.

(t) "Physician" means an individual licensed to actively practice medicine and surgery or osteopathic medicine and surgery in Kansas.

(u) "Poor pregnancy outcome" means any outcome other than a live, healthy patient.

(v) "Postpartum" means occurring in the period commencing with the delivery of the placenta and ending six weeks after birth.

(w) "Referral" means the process whereby a licensee requests a physician to assume management responsibility for a patient's care.

(x) "Transfer" means the process whereby a licensee or physician accepts management responsibility for a patient's care.

(y) "Transport" means the process whereby a patient is moved from one location to another.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07(d); implementing K.S.A. 65-28b02 and 65-28b07(d); effective Jan. 10, 2020.)

Kan. Admin. Regs. § 100-28b-2 Application for licensure

Each applicant for licensure to engage in the independent practice of midwifery shall submit the following to the board:

(a) The fee required by K.A.R. 100-28b-6;

(b) a completed application on a form provided by the board;

(d) an official transcript for the applicant from an educational program approved by the board under K.A.R. 100-28b-3 that specifies the degree awarded;

(e) an official verification of licensure to practice as an advanced practice registered nurse in the role of nurse-midwife provided directly to the board from the state board of nursing;

(f) an official verification of approved national certification provided directly to the board from the American midwifery certification board; and

(g) an official verification of licensure, registration, or certification to practice a health profession provided directly to the board from each state or jurisdiction where the applicant holds a current license, registration, or certification to practice a health profession.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b03, 65-28b04, 65-28b05, 65-28b08; effective Dec. 30, 2022.)

Kan. Admin. Regs. § 100-28b-3 Approved course of study in nurse-midwifery

The course of study in nurse-midwifery approved by the board to obtain authorization to engage in the independent practice of midwifery shall meet the standards established for advance practice registered nurses certified in nurse midwifery pursuant to the Kansas nurse practice act, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b03; effective July 8, 2022.)

Kan. Admin. Regs. § 100-28b-4 Approved national certification

The national certification approved by the board to obtain authorization to engage in the independent practice of midwifery shall be the certification offered by the American midwifery certification board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b03; effective Dec. 30, 2022.)

Kan. Admin. Regs. § 100-28b-5 License expiration and cancellation

(a) Each license to engage in the independent practice of midwifery issued within the seven-month period beginning June 1 and ending December 31 shall expire on September 30 of the following year and shall be cancelled on October 30 of that year, unless renewed.

(b) Each license to engage in the independent practice of midwifery issued within the five-month period beginning January 1 and ending May 31 shall expire on September 30 and shall be cancelled on October 30 of the same year, unless renewed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b04 and 65-28b07(d); implementing K.S.A. 65-28b04; effective Jan. 10, 2020.)

Kan. Admin. Regs. § 100-28b-6 Fees

(a) The following fees shall be collected by the board:

(2) Annual renewal of license:

(3) Late renewal:

(b) If a licensee's initial license is issued six or fewer months before the deadline for the licensee to renew the license, the first annual renewal fee shall be $25.00 if the licensee renews on-line.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b03, 65-28b04, and 65-28b05; effective July 8, 2022.)

Kan. Admin. Regs. § 100-28b-7 Continuing education

(a) As a condition of renewal, evidence of completion within the preceding one-year period of 15 contact hours of continuing education may be requested by the board. The continuing education shall meet or exceed the standards specified in K.S.A. 65-1132(a)(2), and amendments thereto.

(b) For the purposes of this regulation, "contact hour" shall mean a total of 50 minutes of participation in a learning experience intended to build upon the educational and experiential bases of an advanced practice registered nurse midwife. Fractions of hours over 30 minutes to be computed towards a contact hour shall be accepted.

(c) An individual initially licensed to engage in the independent practice of midwifery less than 12 months before the renewal date shall not be required to submit the evidence of completion of continuing education required by subsection (a) for the first renewal period.

(d) An extension of not more than six months to submit evidence of completion of continuing education may be granted by the board for a substantiated medical condition, natural disaster, death of a spouse or an immediate family member, or any similar circumstance beyond the licensee's control that renders the licensee incapable of meeting the requirements of subsection (a). Each such request shall be submitted with or before submitting an application for renewal and shall include a plan for completion of the continuing education requirements within the requested extension period.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b04; effective Dec. 30, 2022.)

Kan. Admin. Regs. § 100-28b-11 Licensees who direct, supervise, or delegate acts that constitute the independent practice of midwifery; requirements and limitations

Each licensee who directs, supervises, or delegates acts that constitute the independent practice of midwifery to any other persons shall meet the following requirements:

(a) Be engaged in the independent practice of midwifery in Kansas;

(b) direct, supervise, or delegate only those acts and functions that the licensee knows or has reason to know can be competently performed by the person and are not in violation of any statute or regulation; and

(c) direct, supervise, or delegate only those acts and functions that are within the competence and lawful practice of the licensee.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-28b07; effective Dec. 30, 2022.)

Kan. Admin. Regs. § 100-28b-12 Assessment of patient for identifiable risks

Each licensee shall perform and document an initial and ongoing assessment of each identifiable risk to the course of labor, delivery, or health of the patient or newborn to determine whether the clinical services required by the patient will be limited to those associated with a normal, uncomplicated pregnancy and a normal, uncomplicated delivery, including the following:

(a) Age of the patient;

(b) gestational age;

(1) Chronic hypertension, heart disease, or pulmonary embolus;

(2) congenital heart defect assessed as pathological by a cardiologist that places the patient or fetus at risk;

(3) renal disease;

(4) drug addiction or use of anticonvulsant drugs;

(5) diabetes mellitus;

(6) thyroid disease; and

(7) bleeding disorder or hemolytic disease;

(d) previous history of a significant obstetrical complication or medical condition, including the following:

(1) Rh sensitization;

(2) previous uterine wall surgery, including cesarean section;

(3) seven or more term pregnancies;

(4) previous placental abruption; and

(5) previous preterm birth; and

(e) medical indication of any of the following:

(1) Uncontrolled gestational hypertension;

(2) polyhydramnios or oligohydramnios;

(3) placental abruption;

(4) chorioamnionitis;

(5) known fetal anomaly;

(6) multiple gestations;

(7) intrauterine growth restriction;

(8) fetal distress;

(9) alcoholism or drug addiction;

(10) thrombophlebitis; or

(11) pyelonephritis.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b02 and 65-28b07; effective Dec. 30, 2022.)

Kan. Admin. Regs. § 100-28b-14 Patient records

(a) Each licensee shall maintain an adequate health care record for each patient for whom the licensee performs a professional service.

(b) Each health care record shall meet the following requirements:

(1) Contain only those terms and abbreviations that are or should be comprehensible to similar licensees;

(2) document adequate identification of the patient;

(3) document all professional services provided or recommended and the date on which each professional service was provided or recommended;

(4) document all clinically pertinent information concerning the patient's condition;

(5) document all identifiable risk assessments performed on the patient;

(6) document all examinations, vital signs, and tests obtained, performed, or ordered, and the findings and results of each;

(7) document all medications prescribed, dispensed, or administered, the time each medication was prescribed, dispensed, or administered, and the dose and route of each medication;

(8) document the patient's response to all professional services performed or recommended;

(9) document all instruction and education provided to the patient related to the childbearing process;

(10) document the date and time of the onset of labor;

(11) document the course of labor, including all examinations and pertinent findings;

(12) document the date and exact time of birth, the presenting part of the newborn's body, the newborn's sex, and the newborn's Apgar scores;

(13) document the time of expulsion and the condition of the placenta;

(14) document the condition of the patient and newborn, including any complications and action taken;

(15) contain the results of all postpartum and newborn examinations;

(16) document all professional services provided to the newborn, including prescribed medications and the time, type, and dose of eye prophylaxis;

(17) contain documentation of all consultation and collaboration with a physician concerning the patient;

(18) contain documentation of each referral, transfer, and transport to a medical care facility, including the reasons for each referral, transfer, or transport to a medical care facility;

(19) contain all written instructions given to the patient regarding postpartum care, family planning, care of the newborn, arrangements for metabolic testing, immunizations, and follow-up pediatric care; and

(20) contain all pertinent health care records received from other health care providers.

(1) Be legible; and

(2) be authenticated by the person making the entry. Each authentication in the health care record for an entry documenting professional services provided by an individual licensed to engage in the independent practice of midwifery shall include the letters "CNM-I" after the licensee's name.

(d) For the purposes of the independent practice of midwifery act and this regulation, an electronic patient record shall be deemed a written patient record if both of the following conditions are met:

(1) Each entry in the electronic record is authenticated by the licensee.

(2) No entry in the electronic record can be altered after authentication.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-28b07; effective July 8, 2022.)

Kan. Admin. Regs. § 100-28b-15 Transport and transfer protocol requirements

(a) Each licensee shall have a written protocol in place for each patient for the timely and safe transport to a hospital with an obstetrical unit and physician within a reasonable proximity of the planned location of labor and delivery. Each written protocol shall include the following:

(1) A plan for transporting the patient by emergency medical services;

(2) a plan for notification of the hospital and physician;

(3) a plan for communication of the patient's medical history and present condition; and

(4) at least one of the following:

(A) A plan for transferring the patient to the hospital and a physician;

(B) evidence of a transfer agreement with the hospital and physician; or

(b) Each licensee shall ensure that all staff members attending the patient's labor and delivery have immediate access to a working telephone or another communication device and to all necessary information for transporting and transferring a patient in case of an emergency.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b02, 65-28b07; effective Jan. 10, 2020.)

Kan. Admin. Regs. § 100-28b-16 Duty to consult, refer, transfer, and transport

(a) A licensee shall immediately informally consult, formally consult, refer, or transfer care of a patient to a physician, or transport the patient to a hospital if the patient's medical history or condition presents identifiable risks to the course of pregnancy, labor, delivery, or health of the patient.

(b) Any licensee may continue or resume providing clinical services to the patient if a physician has determined that the patient's medical history or condition has been resolved, or that the identifiable risks presented by the patient's medical history or condition are not likely to affect the course of pregnancy, labor, delivery, or health of the patient or newborn.

(c) A licensee shall immediately informally consult, formally consult, refer, or transfer care of a newborn to a physician, or transport the newborn to a hospital if at any time the newborn's condition presents identifiable risks to the health of the newborn.

(d) Any licensee may continue or resume providing clinical services to the newborn if a physician has determined that the newborn's condition has been resolved or that the identifiable risks presented by the newborn's condition are not likely to affect the health of the newborn.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b02, 65-28b07; effective Jan. 10, 2020.)

Kan. Admin. Regs. § 100-28b-17 Identifiable risks requiring immediate referral and transport of patient

Identifiable risks requiring the immediate referral and transport of a patient shall include the following:

(a) Maternal fever of more than 100.4 degrees Fahrenheit during labor, in the absence of environmental factors;

(b) suggestion of fetal jeopardy, including clinically significant frank bleeding before delivery, abnormal bleeding with or without abdominal pain, evidence of placental abruption, or detection of abnormal fetal heart tones;

(d) current preterm premature rupture of membranes;

(e) current preeclampsia;

(f) current hypertensive disease of pregnancy;

(g) continuous uncontrolled bleeding;

(h) postpartum bleeding that does not subside with the administration of oxytocin or other antihemorrhagic agent;

(i) delivery injuries to the bladder or bowel;

(j) grand mal seizure;

(k) uncontrolled vomiting;

(l) coughing or vomiting blood;

(m) severe chest pain; and

(n) sudden onset of shortness of breath and labored breathing.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b02, 65-28b07; effective Jan. 10, 2020.)

Kan. Admin. Regs. § 100-28b-18 Identifiable risks requiring immediate referral and transport of newborn

Identifiable risks requiring the immediate referral and transport of a newborn shall include the following:

(a) Respiratory rate greater than 80 or grunting, flaring, or retracting following delivery with meconium-stained fluid;

(b) central cyanosis or pallor for more than 10 minutes;

(d) abnormal bleeding;

(e) more than eight hours of continuous postpartum evaluation;

(f) vesicular skin lesions;

(g) seizure-like activity;

(h) poor feeding effort due to lethargy or lack of interest for more than two hours immediately following birth;

(i) temperature less than 96.8 degrees Fahrenheit or greater than 100.4 degrees Fahrenheit documented more than 15 minutes apart;

(j) heart murmur lasting more than 24 hours immediately following birth;

(k) cardiac arrhythmia;

(l) congenital anomalies;

(m) failed critical congenital heart disease screening;

(n) birth injury;

(o) clinical evidence of prematurity, including low birth weight of less than 2,500 grams, smooth soles of feet, or immature genitalia;

(p) jaundice in the first 24 hours after birth or significant jaundice at any time;

(q) no stool for more than 24 hours immediately following birth;

(r) no urine output for more than 24 hours; and

(s) development of persistent poor feeding effort at any time.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b02, 65-28b07; effective Jan. 10, 2020.)

Kan. Admin. Regs. § 100-28b-19 Unprofessional conduct

(a) For the purposes of the independent practice of midwifery act and this article of the board's regulations, "unprofessional conduct" shall mean any of the following:

(1) Soliciting patients through the use of fraudulent or false advertisements, or profiting by the acts of those representing themselves to be agents of the licensee;

(2) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;

(3) assisting in the care or treatment of a patient without the consent of the patient or the patient's legal representatives;

(4) using any letters, words, or terms as an affix, on stationery, or in advertisements, or otherwise indicating that the person is entitled to practice any profession regulated by the board or any other state licensing board or agency for which the person is not licensed;

(5) performing, procuring, or aiding and abetting in the performance or procurement of a criminal abortion;

(6) willful betrayal of confidential information;

(7) advertising professional superiority or the performance of professional services in a superior manner;

(8) advertising to guarantee any professional service painlessly;

(9) engaging in conduct related to practice as an independent certified nurse-midwife that is likely to deceive, defraud, or harm the public;

(10) making a false or misleading statement regarding the licensee's skill or the efficacy or value of the drug, treatment, or remedy prescribed by the licensee or at the licensee's direction in the treatment of any disease or other condition of the body or mind;

(11) committing any act of sexual abuse, misconduct or other improper sexual contact that exploits the licensee-patient relationship with a patient or a person responsible for health care decisions concerning the patient;

(12) using any false, fraudulent, or deceptive statement in any document connected with the independent practice of midwifery, including the intentional falsifying or fraudulent altering of a patient or medical care facility record;

(13) obtaining any fee by fraud, deceit, or misrepresentation;

(14) failing to transfer patient records to another licensee when requested to do so by the subject patient or by the patient's legally designated representative;

(15) performing unnecessary tests, examinations, or services that have no legitimate medical purpose;

(16) charging an excessive fee for services rendered;

(17) prescribing, dispensing, administering, or distributing a prescription drug or substance, including a controlled substance, in an improper or inappropriate manner, for other than a valid medical purpose, or not in the course of the licensee's professional practice;

(18) repeated failure to practice with that level of care, skill, and treatment that is recognized by a reasonably prudent similar practitioner as being acceptable under similar conditions and circumstances;

(19) failure to keep health care records that accurately describe the services rendered to the patient, including patient histories, pertinent findings, examination results, and test results;

(20) delegating professional responsibilities to a person if the licensee knows or has reason to know that the person is not qualified by training, experience, or licensure to perform these responsibilities;

(21) failing to properly supervise, direct, or delegate acts that constitute the independent practice of midwifery to persons who perform professional services pursuant to the licensee's direction, supervision, order, referral, delegation, or practice protocols;

(22) failing to meet the requirements of K.A.R. 100-28b-11;

(23) willfully or repeatedly violating the independent practice of midwifery act, the pharmacy act of the state of Kansas, or the uniform controlled substances act, or any implementing regulations, or any regulations of the secretary of health and environment;

(24) being found to have unlawfully practiced any profession regulated by the board in which the licensee is not licensed to practice;

(25) violating any lawful order or directive of the board;

(26) being 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 incompetent to stand trial by a court of competent jurisdiction;

(27) prescribing, selling, administering, distributing, or giving a controlled substance to any person for other than medically accepted or lawful purposes;

(28) engaging in a practice or conduct that violates a federal law or regulation relating to controlled substances;

(29) engaging in a practice or conduct that violates a federal law or regulation relating to health care records;

(30) failing to furnish the board, or its investigators or representatives, any information legally requested by the board;

(31) having sanctions or disciplinary actions against the licensee by a peer review committee, a health care facility, a governmental agency or department, or a professional association or society for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under the independent practice of midwifery act;

(32) surrendering a license or authorization to practice nursing in another state or jurisdiction, surrendering the authority to utilize controlled substances issued by any state or federal agency, agreeing to a limitation to or restriction of privileges at any medical care facility, or surrendering 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 that would constitute grounds for disciplinary action under the independent practice of midwifery act;

(33) having 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 that would constitute grounds for disciplinary action under the independent practice of midwifery act;

(34) failing to maintain a policy of professional liability insurance as required by K.S.A. 40-3402 or K.S.A. 40-3403a, and amendments thereto;

(35) failing to pay the premium surcharges pursuant to K.S.A. 40-3404, and amendments thereto;

(36) knowingly submitted any misleading, deceptive, untrue, or fraudulent representation on a claim form, bill, or statement;

(37) giving a worthless check or stopping payment on a debit or credit card for fees or moneys legally due to the board;

(38) knowingly or negligently abandoning medical records;

(39) engaging in conduct that violates patient trust and exploits the licensee-patient relationship for personal gain; or

(40) obstructing a board investigation, including engaging in one or more of the following acts:

(A) Falsifying or concealing a material fact;

(B) knowingly making or causing to be made any false or misleading statement or writing; or

(b) "False advertisement" shall mean any advertisement that is false, misleading, or deceptive in a material respect. In determining whether any advertisement is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of the representations made.

(c) "Advertisement" shall mean any representation disseminated in any manner or by any means, for the purpose of inducing, or likely to induce, directly or indirectly, the purchase of professional services.

(d) Failure to meet any of the requirements of this regulation shall constitute unprofessional conduct.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b08; effective Dec. 30, 2022.)

Kan. Admin. Regs. § 100-28b-20 Maintenance and storage of health care records

(a) Each licensee shall maintain the health care record for pregnancy, delivery, postpartum, and newborn care for at least 25 years from the date the licensee provided the professional service recorded.

(b) Each licensee shall maintain the health care record for family planning services and the treatment of sexually transmitted infections for at least 10 years from the date the licensee provided the professional service recorded.

(c) Any licensee may designate an entity, another licensee, or a health care facility to maintain a health care record if the licensee requires the designee to store the record in a manner that maintains confidentiality and allows lawful access.

(d) Health care records may be stored by an electronic data system, microfilm, or similar photographic means. Any licensee may destroy original paper records if the electronically stored health care record can be reproduced without alteration from the original.

(e) Each electronically stored health care record shall identify any existing original documents or information not included in the electronically stored health care record.

(f) Each licensee who terminates practice in Kansas shall, within 30 days of the termination, provide the following information to the board:

(1) The location where the licensee's health care records are stored;

(2) if the licensee designates an agent to maintain the health care records, the agent's name, telephone number, and mailing address; and

(3) the date on which the health care records are scheduled to be destroyed, according to this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b07; effective July 8, 2022.)

Article 29 Physical Therapy

Kan. Admin. Regs. § 100-29-1 Applications

(a) Each applicant for licensure as a physical therapist or certification as a physical therapist assistant shall submit a completed application on a form provided by the board. The application shall include the following information in legible writing:

(1) The applicant's full name;

(2) the applicant's social security number, driver's license number, nondriver identification number, or individual tax identification number if the applicant is advised that providing a social security number is voluntary pursuant to K.S.A. 74-139 and 74-148, and amendments thereto, and that if the social security number is provided, the agency may provide this number to the Kansas department of social and rehabilitation services for child support enforcement purposes and to the Kansas department of revenue's director of taxation;

(3) the applicant's mailing address. If the applicant's mailing address is different from the applicant's residential address, the applicant shall also provide the residential address;

(4) the applicant's daytime telephone number;

(5) the applicant's date and place of birth;

(6) the names of all educational programs recognized under K.A.R. 100-29-2 that the applicant attended, including the program from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;

(7) information regarding any licenses, registrations, or certifications issued to the applicant to practice any healthcare profession;

(8) information regarding any prior acts specified in K.S.A. 65-2912, and amendments thereto, that could constitute grounds for denial of the application;

(9) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application; and

(10) the number of times the applicant has taken the examination required by the board for licensure or certification and the date that the applicant passed the examination.

(b) Each applicant shall submit the following with the application:

(1) The fee required by K.A.R. 100-29-7;

(2) an official transcript that specifies the degree awarded from an educational program recognized by the board under K.A.R. 100-29-2;

(3) a verification on a form provided by the board of each license, registration, or certification issued to the applicant by any state or the District of Columbia relating to any healthcare profession;

(4) a current photograph, three by four inches in size, of the applicant's head and shoulders taken within 90 days before the date the application is received by the board; and

(5) evidence provided directly to the board from the testing entity recognized and approved under K.A.R. 100-29-4 that the applicant has passed the examination.

(d) The physical therapy advisory council shall consider the application from each person who has not been engaged in an educational program recognized by the board and has not engaged in the practice of physical therapy during the five years preceding the date of the application. The council shall then submit its written recommendation to the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2009 Supp. 65-2911; implementing K.S.A. 2009 Supp. 65-2903, 65-2906, and 65-2912; effective March 21, 1997; amended May 26, 2006; amended May 14, 2010.)

Kan. Admin. Regs. § 100-29-2 Approval of physical therapy programs

(a) An educational program for licensure as a physical therapist shall be recognized by the board if the program meets the "evaluative criteria for accreditation of education programs for the preparation of physical therapists," revised April 2005 by the commission on accreditation in physical therapy education and hereby adopted by reference.

(b) An educational program for certification as a physical therapist assistant shall be recognized by the board if the program meets the "evaluative criteria for accreditation of education programs for the preparation of physical therapy assistants," adopted November 1, 2000 by the commission on accreditation in physical therapy education and hereby adopted by reference.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2005 Supp. 65-2911; implementing K.S.A. 2005 Supp. 65-2906; effective March 21, 1997; amended July 14, 2006.)

Kan. Admin. Regs. § 100-29-3 Requirements for physical therapists and physical therapist assistants from nonapproved schools

(a) Each person who received training from a nonapproved school and who applies for licensure as a physical therapist or certification as a physical therapist assistant shall submit with the application an evaluation prepared for the state of Kansas by a board-approved credentialing agency.

(b) If the evaluation shows that the applicant's educational program did not meet the criteria that a school is required to satisfy to be approved by the board, the applicant may be required by the board, with the advice of the physical therapy advisory council, to perform one of the following:

(1) Complete college courses in the areas that did not meet the required criteria with a grade average of at least "B" or its equivalent; or

(2) apply college-level examination program scores towards semester credit hours for the courses specified by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-2911; implementing K.S.A. 2004 Supp. 65-2906; effective March 21, 1997; amended May 26, 2006.)

Kan. Admin. Regs. § 100-29-3a Examination of written and oral English communication

(a) For each applicant who received training in a school at which English was not the language of instruction, the examinations required and approved by the board to demonstrate the ability to communicate in written and oral English shall be the test of English as a foreign language (TOEFL), the test of written English (TWE), and the test of spoken English (TSE), as developed and administered by the educational testing service (ETS).

(b) To successfully pass the test of English as a foreign language, each applicant who is required to take this examination shall attain a score of at least 24 in writing, 26 in speaking, 21 in reading, and 18 in listening.

(c) To successfully pass the test of spoken English, each applicant who is required to take this examination shall attain a score of at least 5.0.

(d) To successfully pass the test of written English, each applicant who is required to take this examination shall attain a score of at least 4.5.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 65-2911; implementing K.S.A. 2008 Supp. 65-2906 and 65-2909; effective Sept. 11, 1998; amended Jan. 4, 2010.)

Kan. Admin. Regs. § 100-29-4 Examination

(a) The examination required and approved by the board for licensure as a physical therapist shall be the physical therapist examination developed by the federation of state boards of physical therapy (FSBPT).

(b) The examination required and approved by the board for certification as a physical therapist assistant shall be the physical therapist assistant examination developed by the FSBPT.

(c) Each applicant shall be required to successfully complete the applicable examination required by this regulation within six attempts.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; implementing K.S.A. 65-2906; effective March 21, 1997; amended July 14, 2006; amended Jan. 10, 2020.)

Kan. Admin. Regs. § 100-29-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2911; effective March 21, 1997; revoked May 26, 2006.)

Kan. Admin. Regs. § 100-29-6 Lost or destroyed certificates; change of name; new certificates

(a) If a certificate of licensure or certification is lost or destroyed, the licensed or certified person may request a duplicate certificate. Each request shall be submitted in writing, shall include the number of the original certificate, and shall be accompanied by the fee specified in K.A.R. 100-29-7.

(b) If the name of a licensed or certified person is changed, the licensed or certified person shall send the name change to the board within 30 days of the change. This notification shall be submitted in writing, shall be accompanied by an attested document of the change of name, shall include the number of the original certificate, and shall be accompanied by the fee required for a duplicate certificate specified in K.A.R. 100-29-7. The licensed or certified person shall surrender the original certificate to the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 65-2911; effective March 21, 1997; amended May 26, 2006.)

Kan. Admin. Regs. § 100-29-7 Fees

The following fees shall be collected by the board:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865 and 65-2911; implementing K.S.A. 65-2909, 65-2910, and 65-2911 and K.S.A. 2021 Supp. 65-2925; effective March 21, 1997; amended May 1, 1998; amended Sept. 29, 2000; amended Nov. 15, 2002; amended Nov. 19, 2004; amended March 7, 2008; amended Sept. 16, 2022.)

Kan. Admin. Regs. § 100-29-8 License and certificate renewal; expiration date; notification of supervision

(a) The license of each physical therapist and the certificate of each physical therapist assistant shall expire on December 31 of each year.

(b) At the time of license renewal, the physical therapist shall provide the name and certificate number of each physical therapist assistant who is working under the direction of the physical therapist on a form provided by the board.

(c) At the time of a renewal of certification, the physical therapist assistant shall provide, on a form furnished by the board, the name and license number of the physical therapist who is supervising the assistant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-2911; implementing K.S.A. 2004 Supp. 65-2910; effective March 21, 1997; amended May 26, 2006.)

Kan. Admin. Regs. § 100-29-9 License and certificate renewal; continuing education

(a)(1)(A) As a condition of renewal for each odd-numbered year, each licensed physical therapist, certified physical therapist assistant, or compact privilege holder shall submit, in addition to the annual application for renewal of licensure, certification, or compact privilege, evidence of satisfactory completion within the preceding two-year period of at least 40 contact hours of continuing education for a licensed physical therapist or a physical therapist holding a compact privilege and at least 20 contact hours of continuing education for a certified physical therapist assistant or a physical therapist assistant holding a compact privilege. As a component of the required contact hours, each licensed physical therapist shall be required to successfully complete the physical therapy jurisprudence assessment module specified in paragraph (f)(15) during each continuing education cycle.

(B) Evidence of satisfactory completion of a program of continuing education shall not be required to be submitted with the application for renewal of licensure, compact privilege, or certification in even-numbered years.

(2) A contact hour shall consist of 60 minutes of activity pertaining to the practice of physical therapy.

(3) Meals and breaks shall not be included in the contact hour calculation.

(b) Any applicant for renewal who cannot meet the requirements of paragraph (a)(1)(A) may request an extension from the board to submit evidence of continuing education. The request shall include a plan for completion of the continuing education requirements within the requested extension period. An extension of up to six months may be granted by the board for a substantiated medical condition, natural disaster, death of a spouse or an immediate family member, or any other compelling reason that in the judgment of the board renders the licensee incapable of meeting the requirements of paragraph (a)(1)(A).

(c) A physical therapist initially licensed or holding a compact privilege or a physical therapist assistant initially certified or holding a compact privilege within one year of a renewal date in an odd-numbered year shall not be required to submit evidence of satisfactory completion of a program of continuing education required by paragraph (a)(1)(A) for that first renewal period. Each physical therapist or physical therapist assistant initially licensed, holding a compact privilege, or certified or whose license, compact privilege, or certificate has been reinstated for more than one year but less than two years from a renewal date in an odd-numbered year shall be required to submit evidence of satisfactory completion of at least half of the contact hours of continuing education required by paragraph (a)(1)(A).

(d) All continuing education activities shall be related to the practice of physical therapy.

(e) All continuing education activities shall pertain to any of the following:

(1) Clinical skills;

(2) administration and management techniques;

(3) educational principles when providing service to patients, families, health professionals, health professional students, or the community;

(4) research projects with peer-reviewed, published results;

(5) legislative issues involving the profession;

(6) health care and the health care delivery system;

(7) documentation, reimbursement, cost-effectiveness, and regulatory compliance; or

(8) problem solving, critical thinking, and ethics.

(f) The following shall qualify as continuing education activities:

(1) Lecture. "Lecture" shall mean a live discourse for the purpose of instruction given before an audience. One contact hour shall be awarded for each hour of instruction.

(2) Panel. "Panel" shall mean the presentation of multiple views by several professional individuals on a given subject, with none of the views considered a final solution.

(3) Workshop. "Workshop" shall mean a series of meetings designed for intensive study, work, or discussion in a specific field of interest.

(4) Seminar. "Seminar" shall mean directed advanced study or discussion in a specific field of interest.

(5) Symposium. "Symposium" shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.

(6) In-service training. "In-service training" shall mean an educational presentation given to employees during the course of employment that pertains solely to the enhancement of physical therapy skills in the evaluation, assessment, or treatment of patients.

(7) College or university courses. "College or university course" shall mean a course at the college or university level directly related to the practice of physical therapy. Ten contact hours shall be given for each semester credit hour for which the student received a grade of at least C or its equivalent or a "pass" in a pass/fail course that is documented in an official transcript.

(8) Administrative training. "Administrative training" shall mean a presentation that enhances the knowledge of a physical therapist or physical therapist assistant on the topic of quality assurance, risk management, reimbursement, hospital and statutory requirements, or claim procedures.

(9) Self-instruction. "Self-instruction" shall mean the following:

(A) Reading professional literature directly related to the practice of physical therapy. A maximum of two contact hours shall be awarded for reading professional literature;

(B) completion of a correspondence, audio, video, or internet course for which a printed verification of successful completion is provided by the person or organization offering the course; and

(C) passage of a specialty certification examination approved by the board. Forty contact hours shall be awarded for passage of a specialty certification examination.

(10) Professional publications. Contact hours for writing a professional publication shall be allotted as follows:

(11) Physical therapy residency or fellowship program. "Physical therapy residency or fellowship program" shall mean a post-professional program that is directly related to the practice of physical therapy and requires at least 1,000 combined hours of instruction and clinical practice for completion. Forty contact hours shall be awarded for successful completion of a physical therapy residency or fellowship program.

(12) Elected delegate. "Elected delegate" shall mean an elected delegate in a national assembly of delegates with the objective to create policy related to the practice of physical therapy. Ten contact hours shall be awarded for serving one term as an elected delegate.

(13) Supervision of a student. "Supervision of a student" shall mean clinical instruction and evaluation of a physical therapist student or physical therapist assistant student in a clinical setting. One contact hour shall be awarded for each documented 40 hours of providing supervision of a student. A maximum of three contact hours shall be awarded in each two-year continuing education period.

(14) Continuing education program presentation. "Continuing education program presentation" shall mean the preparation and presentation of a continuing education program that meets the requirements of subsection (e). Three contact hours shall be awarded for each hour spent presenting.

(15) Physical therapy jurisprudence assessment module. "Physical therapy jurisprudence assessment module" shall mean the Kansas jurisprudence examination developed by the board and the FSBPT and administered by the FSBPT. One contact hour shall be awarded for successful completion of the physical therapy jurisprudence assessment module.

(g) No contact hours shall be awarded for any continuing education activity that is repeated within the applicable continuing education period specified in subsection (a) or (b).

(h) To provide evidence of satisfactory completion of continuing education activities, each licensed physical therapist, each certified physical therapist assistant, and each compact privilege holder shall submit the following to the board:

(1) Documented evidence of any attendance at or successful completion of continuing education activities;

(2) personal verification of any self-instruction from reading professional literature; and

(3) one copy of any peer-reviewed professional publication.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, 65-2910, and 65-2911; implementing K.S.A. 65-2910 and K.S.A. 2021 Supp. 65-2925; effective March 21, 1997; amended Nov. 14, 2003; amended May 26, 2006; amended May 13, 2016; amended Jan. 10, 2020; amended Sept. 16, 2022.)

Kan. Admin. Regs. § 100-29-10 Canceled licenses and certificates; reinstatement

(a) Each physical therapist and physical therapist assistant desiring to reinstate a canceled license or certificate shall meet the following requirements:

(1) Submit a completed written application on a form prescribed by the board;

(2) pay the reinstatement fee established by the board, no part of which shall be refunded; and

(3) submit proof of satisfactory completion of a program of continuing education as specified in subsection (b).

(b)(1) If the license of a physical therapist has been canceled for less than five years, the applicant shall complete the continuing education that was required at the time the license was canceled and a minimum of an additional 10 contact hours for each six months since the date the license was canceled.

(2) If the certification of a physical therapist assistant has been canceled for less than five years, the applicant shall complete the continuing education that was required at the time the certification was canceled and a minimum of an additional five contact hours for each six months since the date the certification was canceled.

(3) If the license or certificate has been canceled for five years or more, the applicant shall be required to complete an individually tailored continuing education program approved by the board.

(4) If the applicant has been in active practice in another state or the District of Columbia since the date on which the Kansas license or certificate was canceled, the applicant shall submit proof of a current license, registration, or certification, and proof of compliance with the continuing education requirements of that jurisdiction.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-2910 and K.S.A. 2004 Supp. 65-2911; implementing K.S.A. 2004 Supp. 65-2910; effective March 21, 1997; amended Nov. 14, 2003; amended May 26, 2006.)

Kan. Admin. Regs. § 100-29-11 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2903 and 65-2911; implementing K.S.A. 65-2912; effective March 21, 1997; revoked Nov. 27, 2006.)

Kan. Admin. Regs. § 100-29-12 Unprofessional conduct

(a) "Unprofessional conduct" means any of the following:

(1) Engaging in physical therapy using either of the following means:

(A) A false or assumed name; or

(B) impersonating another person licensed as a physical therapist or certified as a physical therapist assistant;

(2) practicing physical therapy without reasonable skill and safety because of any of the following:

(A) Illness;

(B) alcoholism;

(D) any mental or physical condition that impairs judgment or ability to provide care;

(3) having a physical therapist or physical therapist assistant license, registration, or certification revoked, suspended, or limited by the proper regulatory authority of another state, territory, or country, or the District of Columbia for acts or conduct that would constitute grounds for disciplinary action under K.S.A. 65-2912 and amendments thereto;

(4) having a physical therapist or physical therapist assistant application denied by the proper regulatory authority of another state, territory, or country, or the District of Columbia for acts or conduct that would constitute grounds for disciplinary action under K.S.A. 65-2912 and amendments thereto;

(5) cheating or attempting to subvert the validity of the examination required for licensure or certification;

(6) failing to provide adequate supervision to a physical therapist assistant or other person who performs services pursuant to delegation by a physical therapist;

(7) failing to furnish to the board, its investigators, or representatives any information legally requested by the board;

(8) being sanctioned or disciplined by a peer review committee or medical care facility for acts or conduct that would constitute unprofessional conduct under this regulation;

(9) surrendering a license, registration, or certification to practice physical therapy in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation under K.S.A. 65-2912 and amendments thereto;

(10) committing one or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;

(11) committing repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board;

(12) engaging in a pattern of practice or other conduct that demonstrates a manifest incapacity or incompetence to practice physical therapy;

(13) representing to a patient or client that a manifestly incurable disease, condition, or injury can be permanently cured;

(14) providing physical therapy to a patient or client without the consent of the patient or client or the patient's or client's legal representative;

(15) willfully betraying confidential information provided by the patient or client;

(16) advertising a guarantee of any professional service relating to physical therapy;

(17) using any advertisement that is false, misleading, or deceptive in any material respect;

(18) committing conduct likely to deceive, defraud, or harm the public;

(19) making a false or misleading statement regarding the license or certificate holder's skill;

(20) committing any act of sexual abuse, misconduct, or exploitation relating to the professional practice of physical therapy;

(21) obtaining any fee by fraud, deceit, or misrepresentation;

(22) failing to maintain adequate written records detailing the course of treatment of the patient or client;

(23) delegating physical therapy to a person who the license or certificate holder knows or has reason to know is not qualified by training or experience to perform the physical therapy;

(24) referring a patient or client to a health care entity for services if the license or certificate holder has a significant investment interest in the health care entity, unless the patient or client is informed of the following in writing:

(A) The significant investment interest; and

(B) the fact that the patient or client can obtain the services elsewhere;

(25) performing tests, examinations, or services that have no legitimate purpose;

(26) violating any regulations adopted by the board relating to the practice of physical therapy;

(27) directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, other than through the legal functioning of a professional partnership, professional corporation, limited liability company, or similar business entity;

(28) practicing or offering to practice beyond the scope of the legal practice of physical therapy;

(29) charging excessive fees for services performed;

(30) aiding and abetting a person who is not licensed or certified in the performance of activities requiring a license or certificate; or

(31) providing treatment unwarranted by the condition of the patient or continuing treatment beyond the merit of reasonable benefit.

(b) Each physical therapist and physical therapist assistant shall maintain an adequate record for each patient or client for whom the physical therapist or physical therapist assistant performs a professional service. Each record shall meet the following criteria:

(1) Be legible;

(2) identify the patient or client; and

(3) contain an evaluation, a diagnosis, a plan of care, and a treatment and discharge plan.

(c) As used in this regulation, "health care entity" and "significant investment interest" shall have the meanings ascribed to them in K.S.A. 65-2837 and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-2911; implementing K.S.A. 2004 Supp. 65-2912; effective March 21, 1997; amended May 26, 2006.)

Kan. Admin. Regs. § 100-29-13 Notification to board

(a) Before a physical therapist allows a physical therapist assistant to work under the physical therapist's direction, the physical therapist shall inform the board of the following:

(1) The name of each physical therapist assistant who intends to work under the direction of that physical therapist; and

(2) the physical therapist assistant's practice address.

(b) Each physical therapist and each physical therapist assistant shall inform the board in writing within 30 days of any changes in the mailing, residence, or practice address.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-2911; implementing K.S.A. 2004 Supp. 65-2901; effective March 21, 1997; amended May 26, 2006.)

Kan. Admin. Regs. § 100-29-14 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; implementing K.S.A. 1996 Supp. 65-2906; effective March 21, 1997; revoked July 14, 2006.)

Kan. Admin. Regs. § 100-29-15 Professional liability insurance

(a) Each person licensed by the board or holding a compact privilege as a physical therapist shall, before rendering professional services within Kansas, submit to the board evidence that the person is maintaining the professional liability insurance coverage required by K.S.A. 65-2920 and amendments thereto, for which the limit of the insurer's liability shall be not less than $100,000 per claim, subject to an annual aggregate of not less than $300,000 for all claims made during the period of coverage.

(b) Each person licensed by the board or holding a compact privilege as a physical therapist and rendering professional services in Kansas shall submit, with the annual application for renewal of the license, evidence that the person is maintaining the professional liability insurance coverage specified in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2865, K.S.A. 65-2911, and K.S.A. 2021 Supp. 65-2920; implementing K.S.A. 2021 Supp. 65-2920 and 65-2925; effective May 26, 2006; amended Sept. 16, 2022.)

Kan. Admin. Regs. § 100-29-16 Supervision of physical therapist assistants and support personnel

(a) Each physical therapist shall be responsible for the following:

(1) The physical therapy services provided to a patient or client by any physical therapist assistant working under the direction of the physical therapist; and

(2) the tasks relating to the physical therapy services provided to a patient or client by any support personnel working under the personal supervision of the physical therapist or by the physical therapist assistant acting under the direction of the physical therapist.

(b) Each physical therapist and each physical therapist assistant acting under the direction of a physical therapist shall provide personal supervision of the support personnel during any session in which support personnel are utilized to carry out a task.

(1) "Personal supervision" shall mean oversight by a physical therapist or by a physical therapist assistant acting under the direction of the physical therapist who is on-site and immediately available to the support personnel.

(2) "Support personnel" shall mean any person other than a physical therapist or physical therapist assistant. Support personnel may be designated as or describe themselves as physical therapy aides, physical therapy technicians, physical therapy paraprofessionals, rehabilitation aides, or rehabilitation technicians.

(3) "Task" shall mean an activity that does not require the formal education or training of a physical therapist or a physical therapist assistant.

(c) The determination by the physical therapist to utilize a physical therapist assistant for selected components of physical therapy interventions shall require the education, expertise, and professional judgment of the physical therapist. Before delegating an intervention by a physical therapist to a physical therapist assistant and before delegating a designated task to support personnel, the physical therapist shall consider the following:

(1) The education, training, experience, and skill level of the physical therapist assistant;

(2) the complexity and acuteness of the patient's or client's condition or health status;

(3) the predictability of the consequences;

(4) the setting in which the care is being delivered to the patient or client; and

(5) the frequency of reexamination of the patient or client.

(d) Pursuant to K.S.A. 65-2914 and amendments thereto, if patient care is initiated by a physical therapist assistant in a hospital setting because the physical therapist is not immediately available, "minimum weekly review" shall mean that the physical therapist shall evaluate the patient and determine a plan of treatment within seven days of the initiation of treatment by the physical therapist assistant.

(e) Only a physical therapist may perform any of the following:

(1) Interpretation of a referral;

(2) performance and documentation of an initial examination, testing, evaluation, diagnosis, and prognosis;

(3) development or modification of a plan of care that is based on a reexamination of the patient or client that includes the physical therapy goals for intervention;

(4) determination of the qualifications of support personnel performing an assigned task;

(5) delegation of and instruction about the service to be rendered by the physical therapist assistant;

(6) timely review of documentation, reexamination of the patient or client, and revision of the plan of care when indicated;

(7) establishment and documentation of the discharge plan and discharge summary; and

(8) oversight of all documentation for services, including documents for billing, rendered to each patient or client under the care of the physical therapist.

(f) In all practice settings, the performance of selected interventions by the physical therapist assistant and the delegation of designated tasks to support personnel shall be consistent with the safe and legal practice of physical therapy and shall be based on the following factors:

(1) The complexity and acuteness of the patient's or client's condition or health status;

(2) the physical therapist's proximity and accessibility to the patient or client;

(3) the supervision available for all emergencies or critical events;

(4) the type of setting in which the physical therapy intervention is provided;

(5) the ability of the physical therapist assistant to perform the selected interventions or the support personnel to perform designated tasks; and

(6) an assessment by the physical therapist of the ability of the support personnel to perform designated tasks.

(g) Except as specified in this subsection, a physical therapist shall not have more than four physical therapist assistants working concurrently under the direction of that physical therapist. A request by a physical therapist to supervise additional physical therapist assistants may be granted by the board if it finds that significant hardship to the health and welfare of the community will occur if the physical therapist's request to supervise more than four physical therapist assistants is not granted.

(h) Each physical therapist wishing to provide personal supervision to more than four physical therapist assistants in a clinic or hospital setting shall provide a written and signed request to the physical therapy advisory council with the following information:

(1) The name of each physical therapist assistant to whom the physical therapist proposes to provide personal supervision;

(2) the reason for the request; and

(3) a written statement from the clinic or hospital director documenting the hardship and the plan for alleviating future staffing shortages of physical therapists.

(i) The physical therapy advisory council shall review each request granted by the board pursuant to subsection (g) at least every six months to determine whether a significant hardship to the health and welfare of the community will exist if the request is no longer granted. The physical therapy advisory council shall prepare and submit a written recommendation of each review to the board. A determination of whether the exemption should be renewed for another six-month period shall be made by the board at the recommendation of the physical therapy advisory council.

(j) Failure to meet the requirements of this regulation shall constitute unprofessional conduct.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2015 Supp. 65-2905 and 65-2911; implementing K.S.A. 2015 Supp. 65-2912 and 65-2914; effective July 14, 2006; amended July 17, 2009; amended May 13, 2016.)

Kan. Admin. Regs. § 100-29-18 Dry needling; education and practice requirements

(a) Dry needling shall be performed only by a physical therapist who is competent by education and training to perform dry needling as specified in this regulation. Online study and self-study for dry needling instruction shall not be considered appropriate training.

(b) Each physical therapist who does not obtain dry needling education and training as part of that individual's graduate or postgraduate education shall be required to successfully complete a dry needling course approved by the board in order to perform dry needling. Each dry needling course shall include a practical examination and a written examination.

(1) Anatomical review for safety and effectiveness;

(2) indications and contraindications for dry needling;

(3) evidence-based instruction on the theory of dry needling practice;

(4) sterile needle procedures, which shall include the standards of one of the following:

(A) The U.S. centers for disease control and prevention; or

(B) the U.S. occupational safety and health administration;

(5) blood-borne pathogens;

(6) postintervention care, including an adverse response or emergency; and

(7) an assessment of the physical therapist's dry needling technique and psychomotor skills.

(d) Each dry needling course shall be taught by a licensed healthcare provider who meets the following requirements:

(1) Has a scope of practice that includes dry needling;

(2) meets the regulatory minimum educational standard in that individual's respective state or jurisdiction;

(3) has not been disciplined by any state or jurisdictional licensing agency for any act that would be a violation of the physical therapy practice act or the healing arts act; and

(4) has performed dry needling for at least two years.

(e) Each physical therapist taking a dry needling course shall be required to obtain a passing score on all written and practical examinations given in the dry needling course. Each physical therapist shall obtain a certificate or other documentation from the provider of the dry needling course specifying what anatomical regions were covered in the dry needling course and that the physical therapist passed all examinations.

(f) Each dry needling course shall provide sufficient instruction to ensure that each student is able to demonstrate minimum adequate competency in the following:

(1) Current dry needling techniques;

(2) management of dry needling equipment and supplies;

(3) accurate point selection;

(4) accurate positioning of the patient and the education of the patient regarding the amount of movement allowed while needles are inserted;

(5) supervision and monitoring of the patient during treatment;

(6) communication with the patient, including informed consent; and

(7) clinically appropriate patient selection, including consideration of the following:

(A) The patient's contraindications for dry needling;

(B) the patient's ability to understand the treatment and the expected outcome; and

(g) After completion of a board-approved dry needling course, each physical therapist shall be required to complete 200 patient treatment sessions of dry needling before taking each successive course in dry needling. Each physical therapist shall complete all foundation-level courses before proceeding to an advanced-level course.

(h) Dry needling shall be performed solely for conditions that fall under the physical therapy scope of practice pursuant to K.S.A. 65-2901, and amendments thereto. Each physical therapist performing dry needling shall perform dry needling only in the anatomical region of training completed by the physical therapist. Each physical therapist who performs dry needling shall do so in a manner consistent with generally acceptable standards of practice.

(i) A physical therapist shall not delegate dry needling.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 65-2911 and 65-2923; implementing K.S.A. 2016 Supp. 65-2901; effective May 12, 2017.)

Kan. Admin. Regs. § 100-29-19 Dry needling; informed consent

(a) Each physical therapist who performs dry needling shall obtain written informed consent from each patient before performing dry needling on the patient. A separate informed consent shall be required for each anatomical region treated by the physical therapist.

(b) The informed consent shall include the following:

(1) The patient's signature;

(2) the risks and benefits of dry needling;

(3) the diagnosis for which the physical therapist is performing dry needling;

(4) each anatomical region of training completed by the physical therapist; and

(5) a statement that the procedure being performed is dry needling as defined by the physical therapy practice act, K.S.A. 65-2901 and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 65-2911; implementing K.S.A. 2016 Supp. 65-2901; effective May 12, 2017.)

Kan. Admin. Regs. § 100-29-20 Dry needling; recordkeeping

Each physical therapist who performs dry needling shall maintain a specific procedure note in each patient's record for each dry needling session. The procedure note shall include the following for each session:

(a) The anatomical region treated;

(b) the manner in which the patient tolerated the treatment; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 65-2911; implementing K.S.A. 2016 Supp. 65-2901 and 65-2912; effective May 12, 2017.)

Kan. Admin. Regs. § 100-29-21 Dry needling; board requests for documentation

Each physical therapist who performs dry needling shall be required to produce documentation demonstrating that the individual meets the requirements of K.A.R. 100-29-18, upon request by the board or a designee of the board. Failure of any physical therapist to provide this documentation shall be deemed prima facie evidence that the physical therapist has engaged in unprofessional conduct.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2016 Supp. 65-2911; implementing K.S.A. 2016 Supp. 65-2901 and 65-2912; effective May 12, 2017.)

Article 30 Physical Therapy Examining Committee (not in active use)

Kan. Admin. Regs. § 100-30-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-30-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Article 31 Officers (not in active use)

Kan. Admin. Regs. § 100-31-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-31-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-31-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1984.)

Kan. Admin. Regs. § 100-31-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1984.)

Kan. Admin. Regs. § 100-31-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Article 32 Compensation (not in active use)

Kan. Admin. Regs. § 100-32-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Article 33 Meetings (not in active use)

Kan. Admin. Regs. § 100-33-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1984.)

Kan. Admin. Regs. § 100-33-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1984.)

Kan. Admin. Regs. § 100-33-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Article 34 Physical Therapy—Definitions (not in active use)

Kan. Admin. Regs. § 100-34-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-34-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-34-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-34-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked March 21, 1997.)

Article 35 Physical Therapy—Registration (not in active use)

Kan. Admin. Regs. § 100-35-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 65-2911; implementing K.S.A. 1983 Supp. 65-2906; effective Jan. 1, 1966; amended May 1, 1984; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-35-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-35-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 65-2911; implementing K.S.A. 1983 Supp. 65-2906; effective Jan. 1, 1966; amended May 1, 1975; amended May 1, 1984; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-35-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-35-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-35-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 65-2911; implementing K.S.A. 1983 Supp. 65-2906, 65-2909; effective Jan. 1, 1973; amended May 1, 1984; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-35-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; implementing K.S.A. 65-2906; effective May 1, 1978; amended May 1, 1984; amended June 20, 1994; revoked March 21, 1997.)

Article 36 Physical Therapy—Temporary Permits (not in active use)

Kan. Admin. Regs. § 100-36-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2911; effective Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1978; amended May 1, 1987; revoked March 21, 1997.)

Article 37 Physical Therapy—Professional Conduct (not in active use)

Kan. Admin. Regs. § 100-37-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 65-2911; implementing K.S.A. 1983 Supp. 65-2906, 65-2912; effective Jan. 1, 1966; amended May 1, 1984; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-37-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 65-2911; implementing K.S.A. 1983 Supp. 65-2906; effective May 1, 1984; revoked March 21, 1997.)

Article 38 Physical Therapy—Fees (not in active use)

Kan. Admin. Regs. § 100-38-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; implementing K.S.A. 65-2910; effective Jan. 1, 1966; amended Jan. 1, 1973; amended May 1, 1975; amended May 1, 1986; amended, T-100-10-17-89, Oct. 17, 1989; amended Feb. 5, 1990; amended Dec. 27, 1993; amended June 26, 1995; revoked March 21, 1997.)

Article 39 Physical Therapy—Certificates (not in active use)

Kan. Admin. Regs. § 100-39-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 65-2911; implementing K.S.A. 1983 Supp. 65-2908; effective Jan. 1, 1966; amended May 1, 1975; amended May 1, 1984; revoked March 21, 1997.)

Article 40 Physical Therapy—Temporary Permit Renewal Fee (not in active use)

Kan. Admin. Regs. § 100-40-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; amended Jan. 1, 1973; revoked May 1, 1975.)

Kan. Admin. Regs. § 100-40-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2911; effective Jan. 1, 1973; amended May 1, 1975; amended May 1, 1987; revoked March 21, 1997.)

Article 41 List of Registered Physical Therapists (not in active use)

Kan. Admin. Regs. § 100-41-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; amended May 1, 1975; amended May 1, 1979; revoked May 1, 1984.)

Article 42 Physical Therapy—Revocation or Suspension of Certification (Physical Therapists) (not in active use)

Kan. Admin. Regs. § 100-42-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; implementing K.S.A. 65-2912; effective Jan. 1, 1966; amended May 1, 1975; amended May 1, 1979; amended May 1, 1984; revoked May 1, 1988.)

Kan. Admin. Regs. § 100-42-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911, as amended by L. 1987, Ch. 240, Sec. 18; implementing K.S.A. 1986 Supp. 65-2912; effective Jan. 1, 1966; amended May 1, 1975; amended May 1, 1979; modified, L. 1983, Ch. 355; amended May 1, 1984; amended May 1, 1988; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-42-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1975.)

Article 43 Professional Signs and Letterheads (not in active use)

Kan. Admin. Regs. § 100-43-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked, L. 1983, ch. 355; revoked May 1, 1984.)

Article 44 Amendments to Rules (Physical Therapists) (not in active use)

Kan. Admin. Regs. § 100-44-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective Jan. 1, 1966; revoked May 1, 1979.)

Article 45 Approved Schools of Physical Therapy Assistants (not in active use)

Kan. Admin. Regs. § 100-45-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; effective May 1, 1975; revoked May 1, 1984.)

Article 46 Physical Therapy—Extension of Registration; Assistants (not in active use)

Kan. Admin. Regs. § 100-46-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1983 Supp. 65-2911; effective May 1, 1975; amended May 1, 1984; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-46-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1983 Supp. 65-2911; implementing K.S.A. 1983 Supp. 65-2906; effective May 1, 1975; amended May 1, 1984; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-46-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; implementing K.S.A. 65-2906; effective May 1, 1975; amended May 1, 1984; amended June 20, 1994; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-46-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2906; effective May 1, 1978; amended May 1, 1979; revoked May 1, 1984.)

Kan. Admin. Regs. § 100-46-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2910 and K.S.A. 65-2911; effective May 1, 1987; amended May 1, 1988; amended Feb. 4, 1991; amended June 20, 1994; revoked March 21, 1997.)

Kan. Admin. Regs. § 100-46-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2910; effective June 14, 1993; revoked March 21, 1997.)

Article 47 Physical Therapy—Registration Renewal; Continuing Education (not in active use)

Kan. Admin. Regs. § 100-47-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2911; implementing K.S.A. 65-2910; effective May 1, 1978; amended May 1, 1980; amended May 1, 1984; amended May 1, 1985; amended May 1, 1986; amended May 1, 1987; amended Feb. 4, 1991; amended June 14, 1993; revoked March 21, 1997.)

Article 48 Podiatry (not in active use)

Kan. Admin. Regs. § 100-48-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-9 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-10 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-11 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-12 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Kan. Admin. Regs. § 100-48-13 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 74-2801 et seq.; effective Jan. 1, 1966; revoked May 1, 1980.)

Article 49 Podiatry

Kan. Admin. Regs. § 100-49-1 Approved schools of podiatry

A school of podiatry shall be deemed by the board to be in good standing if it meets the provisions of CPME 120, "standards and requirements for accrediting colleges of podiatric medicine," revised November 1997 by the council on podiatric medical education and hereby adopted by reference.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2013; implementing K.S.A. 65-2003; effective May 1, 1980; amended Jan. 10, 2003.)

Kan. Admin. Regs. § 100-49-2 Licensure by examination

(a) Each applicant for licensure by examination shall submit the following materials not later than 30 days prior to the date of examination:

(1) A completed written application on a form prescribed by the board. The application shall include the full name and address of the applicant;

(2) A photograph of the applicant. The photograph shall measure three by four inches and shall be signed across the front by the applicant with the signature of the photographer, the address of the photographer, and the date when the photograph was taken on the back of the photograph. A statement that the photograph is a true picture of the applicant taken within 90 days prior to the date of application shall also be placed on the back of the photograph;

(3) An affidavit from an approved college of podiatry stating the dates of attendance at the college, and the date of graduation, over the seal of the college;

(4) A certified copy of the podiatry college diploma;

(5) A transcript from the podiatry school;

(6) A written oath of applicant that all statements are strictly true in every respect; and

(7) The appropriate fee.

(b) All examinations shall be given in the English language only.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2013; implementing K.S.A. 65-2004, K.S.A. 1983 Supp. 65-2003; effective May 1, 1980; amended May 1, 1984.)

Kan. Admin. Regs. § 100-49-3 Licensure by endorsement

(a) Each applicant for licensure by endorsement shall submit the following materials not later than 30 days preceding the June or the December meeting of the board:

(1) A completed written application, on a form prescribed by the board. The application shall include the full name and address of the applicant;

(2) A photograph of the applicant. The photograph shall measure three by four inches and shall be signed across the front by the applicant. The name of the photographer, the address of the photographer, the date when the photograph was taken and a statement that the photograph is a true picture of the applicant taken within 90 days of the application shall be placed on the back of the photograph;

(3) An affidavit from an approved college of podiatry stating the dates of attendance at the college, and the date of graduation, over the seal of the college;

(4) A certified copy of the podiatry college diploma;

(5) A transcript from the podiatry school;

(6) A written oath of applicant that all statements are strictly true in every respect; and

(7) The appropriate fee.

(b) A certificate of endorsements from another state or country shall include grades in subjects required by K.S.A. 65-2004, as certified by a board of examiners of that state or country.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2013; implementing K.S.A. 65-2004, K.S.A. 1983 Supp. 65-2003; effective May 1, 1980; amended May 1, 1984.)

Kan. Admin. Regs. § 100-49-4 Fees

The following fees shall be collected by the board:

(2) Annual renewal of inactive license:

(3) Annual renewal of exempt license:

(e) (1) Late renewal of active or federally active license:

(2) Late renewal of inactive license:

(3) Late renewal of exempt license:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2009 Supp. 65-2012 and K.S.A. 65-2013; implementing K.S.A. 2009 Supp. 65-2012; effective May 1, 1980; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended May 1, 1987; amended April 24, 1989; amended Aug. 21, 1989; amended, T-100-12-28-89, Dec. 28, 1989; amended April 9, 1990; amended Dec. 27, 1993; amended May 1, 1998; amended Aug. 4, 2000; amended, T-100-6-27-02, Aug. 1, 2002; amended Nov. 15, 2002; amended Aug. 13, 2004; amended Aug. 17, 2007; amended, T-100-6-2-09, June 2, 2009; amended Sept. 11, 2009; amended May 21, 2010.)

Kan. Admin. Regs. § 100-49-5 Expiration of license

Each license to practice podiatry issued by the board shall expire on September 30 of each year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2005; effective, T-100-7-1-92, July 1, 1992; effective Aug. 17, 1992; amended Aug. 1, 1997.)

Kan. Admin. Regs. § 100-49-6 Education requirements

(a) Each applicant for a license to practice podiatry shall provide proof of successful completion of a minimum of one year in an approved podiatric residency program. An approved podiatric residency program shall be a program that meets the requirements of or is substantially equivalent to CPME 320, "standards, requirements and guidelines for approval of residencies in podiatric medicine," approved by the council on podiatric medical education, effective July 1, 2002, and hereby adopted by reference.

(b) Each applicant who does not meet the requirements of subsection (a) shall be deemed to have completed acceptable postgraduate training if the applicant meets one of the following:

(1) The applicant has been in the continuous practice of podiatry for a minimum of 10 years before the date of submission of the application.

(2) The applicant is currently certified by a specialty board meeting the requirements of CPME 220, "criteria and guidelines for recognition of a specialty board for podiatric medical practice," effective January 1, 2001, approved by the council on podiatric medical education, and hereby adopted by reference.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2013; implementing K.S.A. 65-2003; effective Jan. 10, 2003.)

Kan. Admin. Regs. § 100-49-7 Examinations

(a) Each applicant for licensure as a podiatrist shall submit proof of having passed a nationally administered, standardized examination that is approved by the board and consists of written questions assessing knowledge on subject matter from the following content areas:

(1) Medicine, including podiatric and non-podiatric dermatology, podiatric vascular medicine, podiatric neurology, immunology, emergency medicine, cardiovascular medicine, neurology, respiratory medicine, metabolic and endocrine medicine, hematology, behavioral medicine, and rheumatology;

(2) orthopedics, biomechanics, and sports medicine;

(3) surgery, general anesthesia, regional anesthesia, intravenous sedation, and hospital protocol; and

(4) radiology.

(b) In order to qualify as board-approved, part III of PMLexis, as administered by the national board of podiatric medical examiners, shall meet the standards for an examination established by the board in this regulation.

(c) To pass the approved examination, each applicant for licensure shall obtain a criterion-referenced score of at least 75.

(d) Each applicant for licensure by endorsement shall show proof of successful completion of any examinations that met the Kansas requirements for licensure by examination at the time the applicant completed the examinations.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2013; implementing K.S.A. 65-2003 and K.S.A. 65-2004; effective Jan. 10, 2003.)

Kan. Admin. Regs. § 100-49-8 Continuing education

(a) Every three years, each podiatrist shall submit, before or with the application for renewal, evidence of having completed a minimum of 54 hours of continuing education during the preceding three-year period.

(b) Any podiatrist who suffered an illness or injury that made it impossible or extremely difficult to reasonably obtain the required hours may be granted an extension of not more than six months.

(1) Courses offered by sponsors of continuing education in podiatric medicine and meeting the requirements of CPME 720, "standards, requirements, and guidelines for approval of sponsors of continuing education in podiatric medicine," revised May 1999 by the council on podiatric medical education and hereby adopted by reference;

(2) courses and instructional media approved for category I by the American medical association;

(3) courses and instructional media approved for category I by the American osteopathic association; or

(4) other courses approved by the board.

(d) Each applicant desiring to reinstate a license that has been canceled for failure to renew and each exempt licensee desiring to apply for a license to regularly engage in the practice of podiatry shall submit proof of continuing education to the board as follows:

(1) If the time since the license was canceled or exempt has been one year or less, no continuing education in addition to that which would have been necessary had the license been renewed before cancellation or not exempt shall be required.

(2) If the time since the license was canceled or exempt has been more than one year, the applicant shall complete a program of continuing education recommended by the board.

(e) If, since the date the license was canceled or exempt, the applicant has been in active practice as a podiatrist in another state or jurisdiction, the applicant shall submit proof of the current license and proof of compliance with the continuing education requirements of that jurisdiction.

(f) Each applicant seeking reinstatement of a revoked license shall successfully complete an individually tailored program approved by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2013; implementing K.S.A. 65-2010; effective Jan. 10, 2003.)

Kan. Admin. Regs. § 100-49-9 Additional requirements

In addition to meeting the requirements of this article, each podiatrist shall also meet the requirements of each of the following:

(a) K.A.R. 100-10a-1;

(b) K.A.R. 100-10a-2;

(d) K.A.R. 100-10a-4;

(e) K.A.R. 100-10a-6;

(f) K.A.R. 100-21-1;

(g) K.A.R. 100-21-2;

(h) K.A.R. 100-21-3;

(i) K.A.R. 100-21-4;

(j) K.A.R. 100-21-5;

(k) K.A.R. 100-22-1;

(l) K.A.R. 100-22-2;

(m) K.A.R. 100-22-3;

(n) K.A.R. 100-24-1;

(o) K.A.R. 100-24-2;

(p) K.A.R. 100-24-3; and

(q) K.A.R. 100-26-1.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2013; implementing K.S.A. 2001 Supp. 65-2002, K.S.A. 65-2005, K.S.A. 2001 Supp. 65-2006; effective Jan. 10, 2003.)

Kan. Admin. Regs. § 100-49-10 Definition of human foot

As utilized in the podiatry act, K.S.A. 65-2001 through 65-2013 and amendments thereto, "human foot" shall mean that part of the human anatomy that consists of the tarsus, metatarsus, phalanges, cartilage, muscles, tendons, ligaments, skin, vasculature, and the other tissues distal to and including the articulating cartilaginous surfaces of the ankle joint.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2013; implementing K.S.A. 65-2001, K.S.A. 65-2002, K.S.A. 65-2004, and K.S.A. 2006 Supp. 65-2005; effective Sept. 14, 2007.)

Article 54 Occupational Therapy

Kan. Admin. Regs. § 100-54-1 Application

(a) Each applicant for licensure as an occupational therapist or occupational therapy assistant shall submit the application on a form provided by the board. The form shall include the following information in legible writing:

(1) The applicant's full name;

(2) the applicant's social security number, nondriver identification number, or individual tax identification number if the applicant is advised that providing a social security number is voluntary pursuant to K.S.A. 74-139 and 74-148, and amendments thereto, and that if the social security number is provided, the agency may provide this number to the Kansas department of social and rehabilitation services for child support enforcement purposes and to the Kansas department of revenue's director of taxation;

(3) the applicant's mailing address. If the applicant's mailing address is different from the applicant's residential address, the applicant shall also provide the residential address;

(4) the applicant's daytime telephone number;

(5) the applicant's date and place of birth;

(6) the names of all educational programs recognized under K.A.R. 100-54-2 that the applicant attended, including the program from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;

(7) information regarding licenses, registrations, or certifications issued to the applicant to practice any healthcare profession;

(8) information regarding any prior acts that could constitute grounds for denial of the application, as specified in K.S.A. 65-5410 and amendments thereto;

(9) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application; and

(10) certification that the applicant has completed an occupational therapy program or occupational therapy assistant program from a postsecondary school recognized under K.A.R. 100-54-2.

(b) Each applicant shall submit the following with the application:

(1) The fee required by K.A.R. 100-54-4;

(2) an official transcript from an educational program recognized by the board under K.A.R. 100-54-2 that specifies the degree awarded to the applicant;

(4) a current photograph of the applicant taken within 90 days of the date the application is received by the board; and

(5) the results of a written examination recognized and approved by the board under K.A.R. 100-54-3, which shall be provided directly to the board from the testing entity.

(d) The occupational therapist council shall consider every application from persons who have been neither engaged in an educational program recognized by the board nor engaged in the practice of occupational therapy during the five years preceding the date of the application. The council shall then make its recommendation to the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5404, K.S.A. 65-5406, and K.S.A. 2008 Supp. 65-5410; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999; amended Sept. 23, 2005; amended Nov. 20, 2009.)

Kan. Admin. Regs. § 100-54-2 Education requirements

(a) An educational program for licensure as an occupational therapist shall be recognized by the board if the program meets the "standards for an accredited educational program for the occupational therapist," adopted December 1998 by the accreditation council for occupational therapy education and hereby adopted by reference.

(b) An educational program for licensure as an occupational therapy assistant shall be recognized by the board if the program meets the "standards for an accredited educational program for the occupational therapy assistant," adopted December 1998 by the accreditation council for occupational therapy education and hereby adopted by reference.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5406; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999; amended Nov. 21, 2003.)

Kan. Admin. Regs. § 100-54-3 Examinations

(a) Each applicant for licensure as an occupational therapist or occupational therapy assistant shall submit proof of having passed a nationally administered, standardized examination. This examination shall be one that is approved by the board and consists of written questions from the following content areas of occupational therapy:

(1) Human development and performance;

(2) principles and strategies in the identification and evaluation of strengths and needs;

(3) principles and strategies in intervention and treatment planning;

(4) principles and strategies in intervention;

(5) the nature of the occupation and occupational performance;

(6) service management; and

(7) the individual's responsibilities as a professional.

(b) In order to qualify as board-approved, the entry-level certification examination for an occupational therapist administered by the national board for certification in occupational therapy, inc. shall meet the standards for an examination established by the board in subsection (a).

(c) In order to qualify as board-approved, the entry-level certification examination for an occupational therapy assistant administered by the national board for certification in occupational therapy, inc. shall meet the standards for an examination established by the board in subsection (a).

(d) To qualify for a license, each applicant for a license as an occupational therapist and occupational therapy assistant shall obtain a minimum criterion-scaled score of 450 on the required examination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5407; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999; amended Nov. 21, 2003.)

Kan. Admin. Regs. § 100-54-4 Fees

The following fees shall be collected by the board:

(b) License renewal:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5409; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended, T-100-10-17-89, Oct. 17, 1989; amended Feb. 5, 1990; amended May 1, 1998; amended Sept. 29, 2000; amended Jan. 10, 2003; amended Nov. 21, 2003; amended, T-100-3-19-04, March 19, 2004; amended July 23, 2004; amended March 7, 2008.)

Kan. Admin. Regs. § 100-54-5 Unprofessional conduct; defined

"Unprofessional conduct" means any of the following: (a) Using fraudulent or false advertisements;

(b) engaging in occupational therapy under a false or assumed name, or by impersonating another person licensed by the board as an occupational therapist or occupational therapy assistant;

(c) practicing occupational therapy without reasonable skill and safety because of illness; disability; excessive use of alcohol or drugs; illegal use of controlled substances, chemicals, or any other type of material; or as a result of any mental or physical condition;

(d) having an occupational therapy license, registration, or certification revoked, suspended, or limited, or an application for any of these denied by the proper regulatory authority of another state, territory, District of Columbia, or other country;

(e) cheating or attempting to subvert the validity of the examination required for licensure;

(f) having been found either not guilty by reason of insanity or incompetent to stand trial by a court of competent jurisdiction;

(g) failing to furnish the board, its investigators, or its representatives any information legally requested by the board;

(h) being sanctioned or disciplined by a peer review committee or medical care facility for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a license under K.S.A. 65-5410 and amendments thereto;

(i) surrendering a license, registration, or certification to practice occupational therapy in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a registration under K.S.A. 65-5410 and amendments thereto;

(j) being professionally incompetent, as defined in K.S.A. 65-2837 and amendments thereto;

(k) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;

(l) providing occupational therapy to a patient without the consent of the patient or the patient's legal representative;

(m) willfully betraying confidential information;

(n) using any advertisement that is false, misleading, or deceptive in a material respect;

(o) committing conduct likely to deceive, defraud, or harm the public;

(p) making a false or misleading statement regarding the licensee's skill, which shall include providing any form of occupational therapy without appropriate education, training, and knowledge in the specific therapeutic methods used;

(q) committing any act of sexual, psychological, or physical abuse, or exploitation;

(r) obtaining any fee by fraud, deceit, or misrepresentation;

(s) charging an excessive fee for services rendered;

(t) failing to keep written records justifying the course of treatment of the patient; or

(u) delegating occupational therapy to a person who the licensee knows or has reason to know is not qualified by training or experience to perform it.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405 and 65-5410; implementing K.S.A. 65-5410; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999; amended Nov. 21, 2003.)

Kan. Admin. Regs. § 100-54-6 License; temporary license; renewal; late renewal

(a) Each license issued by the board shall expire on March 31 of each year.

(b) A temporary license shall be issued by the board to each applicant for licensure who meets the requirements for licensure or the requirements for licensure except examination, pays the temporary license fee, and has not been guilty of unprofessional conduct.

(c) The license specified in subsection (a) may be renewed annually. Each request for renewal shall be submitted on a form provided by the board and shall be accompanied by the following:

(1) The prescribed license renewal fee; and

(2) proof of satisfactory completion of a program of continuing education as required by the board.

(d) Each license not renewed by March 31 shall expire. Any expired license may be renewed within 30 days of expiration, upon request of the licensee. Each request for late renewal shall be submitted on the same form as that for a request for renewal and shall be accompanied by the following:

(1) The prescribed license renewal fee and the late renewal fee; and

(2) proof of satisfactory completion of a program of continuing education as required by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 2004 Supp. 65-5412; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Dec. 27, 1993; amended Jan. 15, 1999; amended Nov. 21, 2003; amended Sept. 23, 2005.)

Kan. Admin. Regs. § 100-54-7 Continuing education; license renewal

(a)(1) Each licensee shall submit evidence of completing at least 40 contact hours of continuing education during the preceding 24 months. Evidence of this attainment shall be submitted before or with the application for renewal in each odd-numbered year.

(2) No evidence of continuing education shall be required for license renewal in even-numbered years.

(b) A licensee initially licensed within one year of a renewal date when evidence of continuing education must be submitted shall not be required to submit evidence of satisfactory completion of a program of continuing education required by paragraph (a)(1) for that first renewal period. Each licensee who was initially licensed or whose license has been reinstated for more than one year but less than two years from a renewal date when continuing education required by paragraph (a)(1) must be submitted shall be required to submit evidence of satisfactory completion of at least 20 contact hours of continuing education.

(c) Any licensee who cannot meet the requirements of paragraph (a)(1) or subsection (b) may request an extension from the board. The request shall include a plan for completion of the continuing education requirements within the requested extension period. An extension of not more than six months may be granted by the board for good cause shown by a substantiated medical condition, natural disaster, death of a spouse or an immediate family member, or any other compelling reason that in the judgment of the board renders the licensee incapable of meeting the requirements of paragraph (a)(1) or subsection (b).

(d) A contact hour shall consist of 60 minutes of instruction, unless otherwise specified in this regulation.

(e) The content of the continuing education classes or literature shall be related to the field of occupational therapy or similar areas.

(f) Each licensee shall acquire continuing education from the classes of education experiences defined in subsection (g). The licensee shall acquire at least 30 contact hours from one or more of the following: class I, class IV, class V, and class VI.

(g) Continuing education experiences shall be classified as follows:

(1) Class I: attendance at or participation in an education presentation. Class I continuing education experiences shall include the following types of education offerings:

(A) Lectures. A "lecture" means a discourse given for instruction before an audience or through a teleconference.

(B) Panels. A "panel" means the presentation of a number of views by several professional individuals on a given subject, with none of the views considered a final solution.

(C) Workshops. A "workshop" means a series of meetings designed for intensive study, work, or discussion in a specific field of interest.

(D) Seminars. A "seminar" means directed advanced study or discussion in a specific field of interest.

(E) Symposiums. A "symposium" means a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and presented by various speakers.

(F) College or university courses. Ten contact hours shall be given for each college credit hour with a grade of at least C or a "pass" in a pass/fail course.

(G) Other courses. An "other course" means a home study, correspondence, or internet course for which the provider of the activity evaluates the licensee's knowledge of the subject matter presented in the continuing education activity. A maximum of 20 contact hours may be acquired from other courses.

(2) Class II: in-service training. "In-service training" means training that is given to employees during the course of employment. A maximum of four contact hours may be given for attending an in-service training session. A maximum of four contact hours may be given for instructing an in-service training session, but no additional hours shall be acquired for attending that particular in-service training session or for any subsequent instruction on the same subject matter. A maximum of eight contact hours may be acquired from class II.

(3) Class III: professional reading. "Professional reading" means reading professional literature, whether printed or provided by audiotapes, videotapes, or electronic media. A maximum of two contact hours may be acquired from class III.

(4) Class IV: professional publication. The maximum number of contact hours that may be given for professional publication shall be as follows:

(A) 30 hours for publication of a book or original paper; and

(B) 15 hours for a review paper, case report, abstract, or book review.

(5) Class V: instructor preparation of class I programs. Any licensee who presents a class I continuing education program or its equivalent may receive three class V contact hours for each hour of presentation. No credit shall be granted for any subsequent presentations on the same subject matter. A maximum of 30 contact hours may be acquired from class V.

(6) Class VI: fieldwork supervision of level II students. One contact hour per week may be given for supervising a level II student's full-time fieldwork. "Full-time fieldwork" shall mean at least 35 hours per week. A maximum of 24 contact hours may be acquired from class VI.

(h) Each licensee shall submit documented evidence of attendance at, participation in, or presentation to class I and class II continuing education activities. Each licensee shall submit personal verification for class III activities. Copies of publications shall be submitted for verification of class IV activities. Verification of class VI fieldwork supervision shall be submitted by the licensee's employer.

(i) Instructional staff shall be competent in the subject matter and in the methodology of instruction and learning processes as evidenced by experience, education, or publication.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 2013 Supp. 65-5412; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Feb. 14, 1997; amended Nov. 21, 2003; amended July 6, 2007; amended May 13, 2016.)

Kan. Admin. Regs. § 100-54-8 Continuing education; expired, canceled, and revoked licenses

(a) If the license has expired but has not been canceled, no continuing education shall be required in addition to the continuing education that would have been necessary if the license had been renewed before its expiration.

(b) Each applicant who wishes to reinstate a license that has been canceled shall submit proof of continuing education as follows:

(1) If the applicant has continuously held an active license in another state or the District of Columbia since the date on which the Kansas license was canceled or the applicant currently holds a license that has been active for at least two years in any state that has licensing and continuing education requirements at least as strict as those of Kansas, the applicant shall submit proof of the applicant's current license, registration, or certification from that jurisdiction.

(2) If the time since the license was canceled has been one year or less, no continuing education in addition to the continuing education that would have been necessary if the license had been renewed before cancellation shall be required.

(3) If the time since the license was canceled has been more than one year but less than two years, the applicant shall complete a minimum of 20 contact hours.

(4) If the time since the license was canceled has been at least two years but less than three years, the applicant shall complete 40 contact hours.

(5) If the time since the license was canceled has been at least three years or the applicant has not held an active license in another state that has licensing and continuing education requirements at least as strict as those of Kansas, the applicant shall complete an educational program related to continued competency based on a written recommendation by the occupational therapist council and approved by the board.

(c) An occupational therapist or an occupational therapy assistant whose license has been reinstated within one year of a renewal date when evidence of continuing education must be submitted shall not be required to submit evidence of satisfactory completion of a program of continuing education for that first renewal period. Each licensee whose license has been reinstated for more than one year but less than two years from a renewal date when continuing education must be submitted shall be required to submit evidence of satisfactory completion of at least 20 contact hours of continuing education.

(d) Each applicant seeking reinstatement of a revoked license shall be required to successfully complete a program approved by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 2008 Supp. 65-5412; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999; amended Nov. 21, 2003; amended Sept. 23, 2005; amended July 6, 2007; amended Nov. 20, 2009.)

Kan. Admin. Regs. § 100-54-9 Occupational therapy assistants; information to board

Before an occupational therapist allows an occupational therapy assistant to work under the occupational therapist's direction, the occupational therapist shall inform the board of the following:

(a) The name of each occupational therapy assistant who intends to work under the direction of that occupational therapist;

(b) the occupational therapy assistant's place of employment; and

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405 and implementing K.S.A. 65-5406; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 15, 1999.)

Kan. Admin. Regs. § 100-54-10 Delegation and supervision

(a) Occupational therapy procedures delegated by an occupational therapist or occupational therapy assistant to an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional shall be performed under the direct, on-site supervision of a licensed occupational therapist or occupational therapy assistant.

(b)(1) "Occupational therapy technician" as used in this regulation, shall mean "occupational therapy tech" pursuant to K.S.A. 65-5419 and amendments thereto.

(2) An occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional shall mean an individual who provides support services to the occupational therapist and occupational therapy assistant.

(c) A task delegated to an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional by an occupational therapist or occupational therapy assistant shall not exceed the level of training, knowledge, skill, and competence of the individual being supervised. The occupational therapist or occupational therapy assistant shall be responsible for the acts or actions performed by the occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional functioning in a practice setting.

(d) Each occupational therapist and each occupational therapy assistant shall delegate only specific tasks to an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional that meet all of the following conditions:

(1) The tasks are routine in nature.

(2) The treatment outcome is predictable.

(3) The task does not require judgment, interpretation, or adaptation by the occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional.

(e) The tasks that an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional may perform shall include the following specifically selected routine tasks:

(1) Clerical, secretarial, or administrative duties;

(2) transportation of patients, clients, or students;

(3) preparation or setup of the treatment equipment and work area;

(4) attending to a patient's, client's, or student's needs during treatment; and

(5) maintenance or restorative services to patients, clients, or students.

(f) Any occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional may assist in the delivery of occupational therapy services. However, no occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional shall provide independent treatment or use any title or description implying that the occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional is a provider of occupational therapy services.

(g) An occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional shall not perform any of the following:

(1) Interpret referrals or prescriptions for occupational therapy services;

(2) evaluate treatment procedures;

(3) develop, plan, adjust, or modify treatment procedures;

(4) act on behalf of the occupational therapist or occupational therapy assistant relating to direct patient care that requires judgment or decision making; and

(5) act independently or without the supervision of an occupational therapist or occupational therapy assistant.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 65-5419; effective Sept. 23, 2005.)

Kan. Admin. Regs. § 100-54-11 Occupational therapists; ownership of corporation or company

(a) Licensed occupational therapists shall not hold more than 49 percent of the total number of shares issued by a professional corporation that is organized to render the professional services of a physician, surgeon or doctor of medicine, osteopathic physician or surgeon, podiatrist, dentist, or optometrist.

(b) Licensed occupational therapists shall not contribute more than 49 percent of the total amount of capital to a professional liability company that is organized to render the professional services of a physician, surgeon or doctor of medicine, osteopathic physician or surgeon, podiatrist, dentist, or optometrist.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 17-2716 and K.S.A. 2004 Supp. 65-5421; implementing K.S.A. 2004 Supp. 65-5421; effective Jan. 1, 2006.)

Kan. Admin. Regs. § 100-54-12 Supervision of occupational therapy assistants

(a) For the purposes of this regulation, each of the following terms shall have the meaning specified in this subsection:

(1) "Full-time" means employed for 30 or more hours per week.

(2) "Supervision" means oversight of an occupational therapy assistant by a licensed occupational therapist that includes initial direction and periodic review of service delivery and the provision of relevant instruction and training.

(b) Supervision shall be considered adequate if the occupational therapist and occupational therapy assistant have on-site contact at least monthly and interim contact occurring as needed by other means, including telephone, electronic mail, text messaging, and written communication.

(1) Be licensed in Kansas;

(2) be actively engaged in the practice of occupational therapy in Kansas;

(3) be responsible for the services and tasks performed by the occupational therapy assistant under the supervision of the occupational therapist;

(4) be responsible for any tasks that the supervised occupational therapy assistant delegates to an occupational therapy aide, occupational therapy technician, or occupational therapy paraprofessional;

(5) delegate only those services for which the occupational therapist has reasonable knowledge that the occupational therapy assistant has the knowledge, experience, training, and skill to perform;

(6) document in the patient's chart any direction or review of occupational therapy services provided under supervision by the occupational therapy assistant; and

(7) report to the board any knowledge that the occupational therapy assistant has committed any act specified in K.S.A. 65-5410, and amendments thereto. The occupational therapist shall report this information to the board within 10 days of receiving notice of the information.

(d) An occupational therapist shall not supervise more than the combined equivalent of four full-time occupational therapy assistants. This combination shall not exceed a total of eight occupational therapy assistants.

(e) Each occupational therapist's decision to delegate components of occupational therapy services under this regulation to an occupational therapy assistant shall be based on that occupational therapist's education, expertise, and professional judgment.

(f) An occupational therapy assistant shall not initiate therapy for any patient or client before the supervising occupational therapist's evaluation of the patient or client.

(g) An occupational therapy assistant shall not perform any of the following services for a patient or client:

(1) Performing and documenting an initial evaluation;

(2) developing or modifying the treatment plan; or

(3) developing a plan of discharge from treatment.

(h) Any occupational therapy assistant, under supervision, may perform the following services for a patient or client:

(1) Collecting initial patient data through screening and interviewing;

(2) assessing initial activities of daily living by administering standardized assessments;

(3) performing a chart review;

(4) implementing and coordinating occupational therapy interventions;

(5) providing direct services that follow a documented routine and accepted protocol;

(6) grading and adapting activities, media, or the environment according to the needs of the patient or client;

(7) contributing to the reassessment process; and

(8) contributing to the discontinuation of intervention, as directed by the occupational therapist, by implementing a discharge plan and providing necessary client discharge resources.

(i) Failure by any occupational therapist or occupational therapy assistant to meet the applicable requirements of this regulation shall constitute evidence of unprofessional conduct.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5405; implementing K.S.A. 2015 Supp. 65-5402 and 65-5410; effective May 13, 2016.)

Kan. Admin. Regs. § 100-54-13 Professional liability insurance

(a) Each individual licensed by the board as an occupational therapist shall, before rendering professional services within Kansas, submit to the board evidence that the individual has one of the following types of professional liability insurance coverage:

(1) Individual coverage of not less than $100,000 per claim, subject to an annual aggregate of not less than $300,000 for all claims made during the period of coverage; or

(2) coverage through the individual's employer under an additional insured policy for which the limit is not less than $1,000,000 per claim, subject to an annual aggregate of not less than $3,000,000.

(b) Each individual licensed by the board as an occupational therapist and rendering professional services in Kansas shall submit, with the annual application for renewal of the license, evidence that the individual has the professional liability insurance coverage specified in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2022 Supp. 65-5423; effective, T-100-1-6-23, Jan. 6, 2023; effective May 5, 2023.)

Article 55 Respiratory Therapy

Kan. Admin. Regs. § 100-55-1 Application

(a) Each applicant for licensure as a respiratory therapist shall submit a completed application on a form provided by the board. The application shall contain the following information in legible writing:

(1) The applicant's full name;

(2) the applicant's mailing address. If the applicant's mailing address is different from the applicant's residential address, the applicant shall also provide the residential address;

(3) the applicant's social security number, driver's license number, nondriver identification number, or individual tax identification number if the applicant is advised that providing a social security number is voluntary pursuant to K.S.A. 74-139 and 74-148, and amendments thereto, and that if the social security number is provided, the agency may provide this number to the Kansas department of social and rehabilitation services for child support enforcement purposes and to the Kansas department of revenue's director of taxation;

(4) information on any licenses, registrations, or certifications issued to the applicant to practice any health care profession;

(5) information on any prior acts constituting unprofessional conduct, as defined in K.A.R. 100-55-5, that could constitute grounds for denial of the application;

(6) the applicant's daytime telephone number;

(7) the applicant's date and place of birth;

(8) the name of each educational program recognized under K.A.R. 100-55-2 that the applicant attended, including the program from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;

(9) the number of times the applicant has taken the examination required by the board for licensure and the date that the applicant passed the examination; and

(10) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application.

(b) Each applicant shall submit the following with the application:

(1) The fee required by K.A.R. 100-55-4;

(2) an official transcript that specifies the degree awarded from an educational program recognized by the board under K.A.R. 100-55-2;

(4) a current photograph, two by three inches in size, of the applicant's head and shoulders taken within 90 days before the date the application is received by the board; and

(5) evidence provided directly to the board from the testing entity recognized and approved under K.A.R. 100-55-3 that the applicant has passed the examination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5505; implementing K.S.A. 65-5506; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000; amended June 4, 2010.)

Kan. Admin. Regs. § 100-55-2 Education requirements

A list of approved educational programs in respiratory therapy shall be maintained by the board. In determining whether an educational program should be approved, accreditation by the committee on accreditation for respiratory care or its predecessor at the time of applicant's graduation may be considered by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5506; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000.)

Kan. Admin. Regs. § 100-55-3 Examinations

(a) The examinations approved by the board to practice respiratory therapy, one of which shall be required for each applicant, shall be the following:

(1) The examination developed by the national board for respiratory care for credentialing as a certified respiratory therapist; and

(2) the examination developed by the national board for respiratory care for credentialing as a registered respiratory therapist.

(b) To pass the required and approved examination, each applicant shall achieve the minimum qualifying score established by the national board for respiratory care for certification or registration.

(c) Each applicant who has passed the required examination for a license and has not been in the active practice of respiratory therapy for more than one year, but less than five years shall provide one of the following:

(1) Evidence of completion of a minimum of 24 contact hours of continuing education; or

(2) proof that the applicant has passed one of the examinations required for a license within 12 months of the date the application was submitted.

(d) Each applicant who has passed the required examination for a license and has not been in the active practice of respiratory therapy for five years or more shall provide proof that the applicant has passed one of the examinations required for a license within 12 months of the date the application was submitted.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5507; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000.)

Kan. Admin. Regs. § 100-55-4 Fees

The following fees shall be collected by the board:

(b) License renewal:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5505; implementing K.S.A. 65-5509; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended, T-100-10-17-89, Oct. 17, 1989; amended Feb. 5, 1990; amended Jan. 3, 1997; amended May 1, 1998; amended June 30, 2000; amended Sept. 29, 2000; amended Jan. 10, 2003; amended, T-100-3-19-04, March 19, 2004; amended July 23, 2004; amended March 7, 2008.)

Kan. Admin. Regs. § 100-55-5 Unprofessional conduct; defined

"Unprofessional conduct" means any of the following: (a) Using fraudulent or false advertisements;

(b) being addicted to intoxicating liquors or drugs;

(c) engaging in respiratory therapy under a false or assumed name or by impersonating another person licensed by the board as a respiratory therapist;

(d) practicing respiratory therapy without reasonable skill and safety because of any of the following:

(1) Illness;

(2) alcoholism;

(3) excessive use of drugs, controlled substances, chemicals, or any other type of material; or

(4) a result of any mental or physical condition;

(e) having a respiratory therapy license, registration, or certification revoked, suspended, or limited or an application for any of these denied by the proper regulatory authority of another state, territory, or country, or of District of Columbia;

(f) cheating or attempting to subvert the validity of the examination required for licensure;

(g) having been found to be mentally ill, disabled, not guilty by reason of insanity, or incompetent to stand trial by a court of competent jurisdiction;

(h) failing to furnish to the board, or to its investigators or representatives, any information legally requested by the board;

(i) being sanctioned or disciplined by a peer review committee or medical care facility for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a license under K.S.A. 65-5510 and amendments thereto;

(j) surrendering a license, registration, or certification to practice respiratory therapy in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a license under K.S.A. 65-5510 and amendments thereto;

(k) being professionally incompetent, as defined in K.S.A. 65-2837 and amendments thereto;

(l) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;

(m) providing respiratory therapy to a patient without the consent of the patient or the patient's legal representative;

(n) willfully betraying confidential information;

(o) advertising the ability to perform in a superior manner any professional service related to respiratory therapy;

(p) using any advertisement that is false, misleading, or deceptive in a material respect;

(q) committing conduct likely to deceive, defraud, or harm the public;

(r) making a false or misleading statement regarding the licensee's skill;

(s) committing any act of sexual abuse, misconduct, or exploitation;

(t) obtaining any fee by fraud, deceit, or misrepresentation;

(u) charging an excessive fee for services rendered;

(v) failing to keep written records justifying the course of treatment of the patient;

(w) delegating respiratory therapy to a person who the licensee knows or has reason to know is not qualified by training or experience to perform it;

(x) willfully supervising the holder of a special permit when the holder is not currently enrolled in a recognized program of education; or

(y) willfully allowing the holder of a special permit to perform tasks and procedures not verified by the respiratory therapy school on the holder's task proficiency list.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-5510; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000; amended May 23, 2003.)

Kan. Admin. Regs. § 100-55-6 Licensure; renewal; late renewal and reinstatement

(a) Each license issued by the board shall expire on March 31 of each year.

(b) A license issued or reinstated from January 1 through March 31 shall expire on March 31 of the following year.

(c) Each license may be renewed annually. The request for renewal shall be on a form provided by the board and shall be accompanied by the following:

(1) The prescribed license renewal fee; and

(2) proof of satisfactory completion of a program of continuing education as required by the board.

(d) Licenses not renewed by March 31 may be renewed for a period of 30 days thereafter upon request of the licensee. The request for late renewal shall be on the same form as that required for renewal and shall be accompanied by the following:

(1) The prescribed license late renewal fee; and

(2) proof of satisfactory completion of a program of continuing education as required by the board.

(e) Any applicant may request reinstatement of a license that has expired for a period of more than 30 days. The request for reinstatement shall be on a form provided by the board and shall be accompanied by the following:

(1) The prescribed license reinstatement fee; and

(2)(A) Proof of satisfactory completion of a program of continuing education as required by the board; or

(B) proof that the licensee has passed one of the examinations for a license required under K.A.R. 100-55-3 within the past six months.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5512; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Dec. 27, 1993; amended Jan. 3, 1997; amended June 30, 2000.)

Kan. Admin. Regs. § 100-55-7 Continuing education; license renewal

(a) Each licensee shall submit documented evidence of completion of at least 12 contact hours of continuing education since April 1 of the previous year, before or with the request for renewal.

(b) Any licensee who suffered an illness or injury that made it impossible or extremely difficult to reasonably obtain the required contact hours may be granted an extension of not more than six months.

(c) Each respiratory therapist initially licensed after September 30 and before the following March 31 shall be exempt from the continuing education required by subsection (a) for the first renewal period.

(d) A contact hour shall be 50 minutes of instruction or its equivalent.

(e) The purpose of continuing education shall be to provide evidence of continued competency in the advancing art and science of respiratory therapy. All program objectives, curricular content, presenter qualifications, and outcomes shall be subject to review. Contact hours shall be determined based on program content, outcomes, and participant involvement.

(f) Continuing education shall be acquired from the following:

(1) Offerings approved by the American association of respiratory care. Any licensee may obtain all contact hours from any continuing education offerings approved by the American association of respiratory care and its state affiliates, subject to the limitations specified in paragraphs (f)(2) through (f)(8).

(2) Seminars and symposiums. At least six contact hours shall be obtained each reporting year from seminars or symposiums that provide for direct interaction between the speakers and the participants. A seminar shall mean directed advanced study or discussion in a specific field of interest. A symposium shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.

(3) Nontraditional or alternative educational programs. A nontraditional or alternative educational program shall be defined as one that is not presented in the typical conference setting. Educational programs may be provided by any print medium or presented through the internet or other electronic medium. The licensee shall submit proof of successful completion of a test administered as part of the nontraditional or alternative educational program. A maximum of six contact hours each reporting year may be obtained from nontraditional or alternative educational programs.

(4) Clinical instruction. Clinical instruction shall mean the education and evaluation of a respiratory therapy student in the clinical setting. A maximum of three contact hours may be given for clinical instruction.

(5) Presentations of a seminar or a nontraditional or alternative program. Each licensee who presents a continuing education seminar or a nontraditional or alternative educational program shall receive two contact hours for each hour of presentation. No credit shall be granted for any subsequent presentations on the same subject content.

(6) Academic coursework. Successful completion of academic coursework shall mean obtaining a grade of at least C or the equivalent in any courses on respiratory care or other health-related field of study in a bachelor's degree program or higher educational degree program. One credit hour of academic coursework shall be equal to one contact hour of continuing education. A maximum of six contact hours may be obtained through academic coursework each reporting year.

(7) Advanced lifesaving courses. Contact hours shall be restricted to first-time attendees of advanced lifesaving courses and the associated instructor courses. Advanced lifesaving courses shall include neonatal resuscitation provider (NRP), pediatric advanced life support (PALS), neonatal advanced life support (NALS), and advanced cardiac life support (ACLS).

(8) Voluntary recredentialing. Each licensee who completes voluntary recredentialing shall receive the number of contact hours approved by the American association for respiratory care.

(g) The following shall not be eligible for continuing education credit:

(1) Learning activities in the work setting designed to assist the individual in fulfilling employer requirements, including in-service education and on-the-job training; and

(2) basic life support courses and cardiopulmonary resuscitation courses.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5505; implementing K.S.A. 2008 Supp. 65-5512; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000; amended July 17, 2009; amended May 21, 2010.)

Kan. Admin. Regs. § 100-55-8 Reinstatement; expired and revoked licenses

(a) Each applicant desiring to reinstate a license that has been expired for more than 30 days shall submit proof of continuing education as follows:

(1) If the time since the license expired has been one year or less, no continuing education in addition to that which would have been necessary had the license been renewed before expiration shall be required.

(2) If, since the date the license expired, the applicant has been in the active practice of respiratory therapy in another state or jurisdiction that requires a license, registration, or certification to practice, the applicant shall submit proof of the current license, registration, or certification, and compliance with the continuing education requirements of that jurisdiction.

(3) If the time since the license expired has been more than one year but less than five years, the applicant shall provide one of the following:

(A) Evidence of completion of a minimum of 24 contact hours of continuing education; or

(B) proof that the applicant has passed one of the examinations required for a license within 12 months of the date the application was submitted.

(4) If the time since the license expired has been five years or more, the applicant shall provide proof that the applicant has passed one of the examinations required for a license within 12 months of the date the application was submitted.

(b) Each applicant seeking reinstatement of a revoked license shall successfully complete an individually tailored program approved by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5512; effective, T-88-17, July 1, 1987; effective May 1, 1988; amended Jan. 3, 1997; amended June 30, 2000.)

Kan. Admin. Regs. § 100-55-9 Special permits

(a) Each student who holds a special permit shall be identified as a student respiratory therapist or "student R.T." by a name tag that includes the student's job title.

(b) A special permit shall be valid for a period not to exceed 24 months and shall not be extended without additional proof that the student continues to be enrolled in an approved school of respiratory therapy.

(1) Verification of current enrollment in an approved school of respiratory therapy; and

(2) a statement of the anticipated graduation date.

(d) Each special permit issued to a student who fails to meet the requirements under subsection (c) shall expire on March 31 of the year in which the verification and statement were to be provided.

(e) Each applicant for a special permit shall have a task proficiency list verified and submitted directly to the board by the school of respiratory therapy. The task proficiency list may be updated at the end of each session by the school of respiratory therapy. Each holder of a special permit shall perform only those tasks verified on the most recent task proficiency list that has been submitted directly to the board.

(f) Before engaging in any clinical assignments, each holder of a special permit shall present the current task proficiency list to the employer.

(g) Each licensed respiratory therapist responsible for the supervision of a student holding a special permit shall meet the requirements for supervision specified in K.A.R. 100-55-11(d).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5505; implementing K.S.A. 65-5508; effective Jan. 3, 1997; amended June 30, 2000; amended May 23, 2003; amended May 15, 2009.)

Kan. Admin. Regs. § 100-55-10 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-5505; implementing K.S.A. 65-5508; effective Jan. 3, 1997; revoked May 1, 1998.)

Kan. Admin. Regs. § 100-55-11 Delegation and supervision

(a) The delegation of respiratory therapy procedures by a licensed respiratory therapist to an unlicensed person may be made after the respiratory therapist has determined all of the following:

(1) The health status and mental and physical stability of the individual receiving care;

(2) the complexity of the procedures;

(3) the training and competence of the unlicensed person;

(4) the proximity and availability of the respiratory therapist when the procedures are performed;

(5) the degree of supervision required for the unlicensed person; and

(6) the length and number of times that the procedures may be performed.

(b) The procedures that may be delegated to an unlicensed person shall be only those that meet the following criteria:

(1) Would be determined by a reasonable and prudent respiratory therapist to be within the scope of accepted respiratory therapy standards or practice;

(2) can be performed properly and safely by an unlicensed person;

(3) do not require the unlicensed person to perform an assessment or to alter care;

(4) do not require the specific skills, evaluation, and judgment of a licensed respiratory therapist; and

(5) do not allow an unlicensed person to perform either of the following:

(A) Continue to perform the procedures on an ongoing basis; or

(B) perform the same procedures on other individuals without specific delegation.

(1) The management and provision of care; and

(2) the performance of the procedures in compliance with established standards of practice, policies, and procedures.

(d) The supervision of an unlicensed person by a licensed respiratory therapist shall include all of the following:

(1) Providing clear directions for and expectations of how the procedures are to be performed;

(2) being available for communication with the unlicensed person when the procedures are performed;

(3) monitoring the performance of the procedures to assure compliance with established standards of practice, policies, and procedures;

(4) intervening, as necessary;

(5) ensuring that the unlicensed person makes appropriate documentation of the procedures that are performed;

(6) reassessing, reevaluating, and altering care, as necessary; and

(7) determining the appropriateness of continued delegation of the procedures.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1999 Supp. 65-5505; implementing K.S.A. 1999 Supp. 65-5514; effective June 30, 2000.)

Article 60 Physicians' Assistants (not in active use)

Kan. Admin. Regs. § 100-60-1 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1999 Supp. 65-2896; effective, E-79-35, Dec. 20, 1978; effective May 1, 1979; amended, T-100-10-17-89, Oct. 17, 1989; amended Feb. 5, 1990; amended May 1, 1998; amended Sept. 29, 2000; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1978 Supp. 65-2896; effective, E-79-35, Dec. 20, 1978; effective May 1, 1979; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-3 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1978 Supp. 65-2896; effective, E-79-35, Dec. 20, 1978; effective May 1, 1979; revoked Feb. 15, 1993.)

Kan. Admin. Regs. § 100-60-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 65-2896, 65-2896a(a)(2); effective, E-79-35, Dec. 20, 1978; effective May 1, 1979; amended Feb. 15, 1993; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-5 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1991 Supp. 65-2896; implementing K.S.A. 1991 Supp. 65-2896a; effective, E-79-35, Dec. 20, 1978; effective May 1, 1979; amended Feb. 15, 1993; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-6 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 65-2896a(c); effective, E-79-35, Dec. 20, 1978; effective May 1, 1979; amended Feb. 15, 1993; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-7 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-2896, 65-2896b(b); effective, E-79-35, Dec. 20, 1978; effective May 1, 1979; revoked May 1, 1988.)

Kan. Admin. Regs. § 100-60-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 65-2896e; effective May 1, 1988; amended Feb. 15, 1993; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-9 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2896a; effective May 1, 1988; amended Feb. 15, 1993; amended May 5, 2000; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-10 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2896e, as amended by L. 1999, Ch. 115, Sec. 13, and K.S.A. 65-2897a; effective May 1, 1988; amended Feb. 15, 1993; amended May 5, 2000; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-11 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 65-2896e and 65-2897a; effective May 1, 1988; amended Feb. 15, 1993; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-12 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 1991 Supp. 65-2896; implementing K.S.A. 65-2896f; effective May 1, 1988; amended Feb. 15, 1993; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-13 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-2896e, as amended by L. 1999, Ch. 115, Sec. 13; effective May 1, 1988; amended Feb. 15, 1993; amended June 20, 1994; amended May 5, 2000; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-14 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1991 Supp. 65-2896e and 65-2897a; effective May 1, 1988; amended Feb. 15, 1993; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Kan. Admin. Regs. § 100-60-15 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1988 Supp. 65-2896, as amended by L. 1989, Ch. 197, Sec. 1; effective, T-100-10-17-89, Oct. 17, 1989; amended Feb. 5, 1990; revoked, T-100-2-13-01, Feb. 13, 2001; revoked June 1, 2001.)

Article 69 Athletic Training

Kan. Admin. Regs. § 100-69-1 Approved education

Each applicant for licensure as an athletic trainer shall provide proof that the applicant has received a baccalaureate degree or post-baccalaureate degree with a major course of study in athletic training curriculum from one of the following:

(a) An institution whose program for athletic trainers is accredited by the commission on accreditation of athletic training education; or

(b) an educational institution whose programs are determined by the board to have standards at least equal to those of an accredited program.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2007 Supp. 65-6905 and K.S.A. 2007 Supp. 65-6907; effective July 19, 1996; amended Sept. 9, 2005; amended Nov. 21, 2008.)

Kan. Admin. Regs. § 100-69-2 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 65-6905 and K.S.A. 2004 Supp. 65-6907; effective July 19, 1996; amended Sept. 9, 2005; revoked Nov. 21, 2008.)

Kan. Admin. Regs. § 100-69-3 Examination

(a) Each applicant for licensure as an athletic trainer shall submit proof of having passed a nationally administered, standardized examination. This examination shall be one that is approved by the board and consists of written questions, written simulation questions, and practical section questions assessing knowledge on subject matter from the following domains of athletic training:

(1) Prevention of athletic injuries;

(2) recognition, evaluation, and assessment of athletic injuries;

(3) immediate care of athletic injuries;

(4) treatment of athletic injuries, rehabilitation, and reconditioning;

(5) health care administration; and

(6) professional development and responsibility.

(b) In order to qualify as board-approved, the entry-level certification examination administered by the national athletic trainers' association board of certification, inc. shall meet the standards for an examination established by the board in this regulation.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 65-6905 and K.S.A. 2004 Supp. 65-6907; effective July 19, 1996; amended Nov. 15, 2002; amended Sept. 9, 2005.)

Kan. Admin. Regs. § 100-69-4 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 65-6905 and K.S.A. 1995 Supp. 65-6906; effective July 19, 1996; revoked Sept. 9, 2005.)

Kan. Admin. Regs. § 100-69-5 Fees

The following fees shall be collected by the board:

(b) Annual renewal of license:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6905, as amended by L. 2004, Ch. 24, Sec. 5, and K.S.A. 65-6910, as amended by L. 2004, Ch. 24, Sec. 9; implementing K.S.A. 65-6909, as amended by L. 2004, Ch. 24, Sec. 8, and 65-6910, as amended by L. 2004, Ch. 24, Sec. 9; effective July 19, 1996; amended May 1, 1998; amended Sept. 29, 2000; amended Nov. 19, 2004.)

Kan. Admin. Regs. § 100-69-6 Expiration of license

The license of each athletic trainer shall expire on December 31 of each year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 65-6909; effective July 19, 1996; amended Sept. 9, 2005.)

Kan. Admin. Regs. § 100-69-7 Unprofessional conduct; definitions

(a) "Unprofessional conduct" shall mean any of the following:

(1) Soliciting patients through the use of false advertisements or profiting by the acts of those representing themselves to be agents of the licensee;

(2) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;

(3) assisting in the care or treatment of a patient without the consent of the patient or the patient's legal representative;

(4) using any letters, words, or terms as an affix on stationery or in advertisements or otherwise indicating that the person is entitled to practice any profession regulated by the board or any other state licensing board or agency for which the person is not licensed;

(5) willful betrayal of confidential information;

(6) advertising professional superiority or the performance of professional services in a superior manner;

(7) advertising to guarantee any professional service or to perform any professional service painlessly;

(8) engaging in conduct related to the practice of athletic training that is likely to deceive, defraud, or harm the public;

(9) making a false or misleading statement regarding the licensee's skill or the efficacy or value of the treatment or remedy prescribed by the licensee or at the licensee's direction;

(10) commission of any act of sexual abuse, misconduct, or other improper sexual contact that exploits the licensee-patient relationship, with a patient or a person responsible for health care decisions concerning the patient;

(11) using any false, fraudulent, or deceptive statement in any document connected with the practice of athletic training, including the intentional falsifying or fraudulent altering of a patient record;

(12) obtaining any fee by fraud, deceit, or misrepresentation;

(13) failing to transfer a patient's records to another licensee when requested to do so by the patient or by the patient's legally designated representative;

(14) performing any unnecessary tests, examinations, or services that have no legitimate purpose;

(15) charging an excessive fee for services rendered;

(16) repeated failure to engage in the practice of athletic training with that level of care, skill, and treatment that is recognized by a reasonably prudent similar practitioner as being acceptable under similar conditions and circumstances;

(17) failure to keep written medical records that accurately describe the services rendered to each patient, including patient histories, pertinent findings, examination results, and test results;

(18) providing services as an athletic trainer without practice protocols or contrary to the practice protocols filed with the board;

(19) practicing athletic training while the licensee's ability to practice with reasonable skill and safety to patients is impaired by reason of physical or mental illness or the use of alcohol, drugs, or controlled substances;

(20) committing fraud or misrepresentation in applying for or securing an original, renewal, or reinstated license;

(21) willfully or repeatedly violating the healing arts act, any implementing regulations, or any regulations of the board or the secretary of health and environment that govern the practice of athletic training;

(22) unlawfully practicing any profession regulated by the board in which the licensed athletic trainer is not licensed to practice;

(23) failing to report or reveal the knowledge required to be reported or revealed pursuant to K.S.A. 65-7621, and amendments thereto;

(24) failing to furnish the board, or its investigators or representatives, any information legally requested by the board;

(25) incurring any sanction or disciplinary action by a peer review committee, a governmental agency or department, or a professional association or society for conduct that could constitute grounds for disciplinary action under the act or this article of the board's regulations;

(26) knowingly submitting any misleading, deceptive, untrue, or fraudulent representation on a claim form, bill, or statement;

(27) giving a worthless check or stopping payment on a debit or credit card for fees or moneys legally due to the board;

(28) knowingly or negligently abandoning medical records;

(29) engaging in conduct that violates patient trust and exploits the licensee-patient relationship for personal gain; or

(30) obstructing a board investigation, including engaging in one or more of the following acts:

(A) Falsifying or concealing a material fact;

(B) knowingly making or causing to be made any false or misleading statement or writing; or

(b) "Advertisement" shall mean all representations disseminated in any manner or by any means that are for the purpose of inducing or that are likely to induce, directly or indirectly, the purchase of professional services.

(c) "False advertisement" shall mean any advertisement that is false, misleading, or deceptive in a material respect. In determining whether any advertisement is misleading, the following shall be taken into account:

(1) Representations made or suggested by statement, word, design, device, or sound, or any combination of these; and

(2) the extent to which the advertisement fails to reveal facts material in the light of the representations made.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-6905 and K.S.A. 65-6911; effective July 19, 1996; amended Sept. 9, 2005; amended Jan. 10, 2020.)

Kan. Admin. Regs. § 100-69-8 Revoked

Publisher status: INEFFECTIVE (not currently effective).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 1995 Supp. 65-6905; effective July 19, 1996; revoked Sept. 9, 2005.)

Kan. Admin. Regs. § 100-69-9 Practice protocols

(a) As a condition of providing services as an athletic trainer in this state that constitute the practice of the healing arts, each athletic trainer licensed by the board shall file a practice protocol with the board on a form issued by the board.

(b) Each practice protocol shall contain the following information:

(1) The name, license number, signature, and date of signature of any person licensed to practice the healing arts who will delegate to the athletic trainer any professional responsibilities that constitute the practice of the healing arts;

(2) a description of the functions and procedures delegated to the athletic trainer that constitute the practice of the healing arts;

(3) a statement from a person licensed to practice the healing arts specifying those acts that have been delegated to the athletic trainer in the absence or unavailability of the licensee; and

(4) a statement that the board will be provided with any changes or amendments to the practice protocol within 10 days after any changes or amendments have been made.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 65-6905 and 65-6906; effective July 19, 1996; amended Nov. 15, 2002; amended Sept. 9, 2005.)

Kan. Admin. Regs. § 100-69-10 License renewal; continuing education

(a) As a condition of renewal, each licensed athletic trainer shall submit, in addition to the annual application for renewal of licensure, evidence of satisfactory completion of at least 20 hours of continuing education within the preceding year and proof of continuous certification in emergency cardiac care procedures including administration of an automated external defibrillator (AED) through a nationally recognized provider approved by the board. Each course approved by the board of certification for the athletic trainer shall meet this requirement.

(1) Acceptable providers of certification in emergency cardiac care (ECC) procedures shall be those adhering to the most current international guidelines for cardiopulmonary resuscitation and emergency cardiac care.

(2) Online ECC courses shall not be accepted, unless the provider confirms in writing that the skills were demonstrated and tested in person by a qualified instructor.

(3) Instructor certifications shall not be accepted, unless the provider confirms in writing that the instructors are required to maintain and successfully demonstrate provider skills to renew instructor status.

(b) Any licensee who suffered an illness or injury during the 12-month period before the expiration date of the license that made it impossible or extremely difficult to reasonably obtain the required continuing education hours may be granted an extension of not more than six months, in order to complete the continuing education requirements.

(c) Each athletic trainer initially licensed within one year of the expiration date of the license shall be exempt from the continuing education required by subsection (a) for that first renewal period.

(d) All continuing education shall be related to the field of athletic training and shall be presented by providers approved by the board. In order to qualify as board-approved, the continuing education shall be delivered by an approved provider or shall be intended for an audience of credentialed health care providers. The content shall be at least entry-level and shall pertain to one of the current domains of athletic training practice identified by the board. The current domains of athletic training practice identified by the board of certification of athletic trainers shall meet this requirement.

(e) One hour shall be 60 minutes of continuing education meeting the requirements of subsection (f).

(f) The categories of continuing education experiences shall be the following:

(1) Category A. The number of hours for all category A continuing education experiences shall be granted upon receipt of documented evidence of attendance or documented evidence of satisfactory completion issued by a national, state, or local organization meeting the requirements of subsections (a) and (d). Category A continuing education experiences shall include the following:

(A) Symposium. "Symposium" shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.

(B) Seminar. "Seminar" shall mean directed advanced study or discussion in a specific field of interest.

(C) Workshop. "Workshop" shall mean a series of meetings designed for intensive study, work, or discussion in a specific field of interest.

(D) Conference. "Conference" shall mean a formal meeting of a number of people for a discussion in a specific field of interest.

(E) Home study course. "Home study course" shall mean an online webinar course designed for advanced study in a specific field of interest.

(2) Category B. Category B continuing education experiences shall include the following:

(A) Scholarly presentations. The number of hours granted for scholarly presentations shall be the following:

(i) 10 hours for a speaker at a clinical symposium where the primary audience is allied health care professionals; and

(ii) five hours for a speaker at a seminar, workshop, or conference where the primary audience is allied health care professionals.

(B) Publication activities. The number of hours granted for writing a professional publication shall be the following:

(i) Five hours to author an article in a nonrefereed journal;

(ii) 15 hours to author an article in a refereed journal;

(iii) 10 hours to coauthor an article in a refereed journal;

(iv) 20 hours to author a published textbook;

(v) 10 hours to coauthor a published textbook;

(vi) five hours for being a contributing author of a published textbook;

(vii) 10 hours to author a refereed or peer-reviewed poster presentation; and

(viii) five hours to coauthor a poster presentation.

(3) Category C. Category C continuing education experiences shall consist of postcertification education. The number of hours assigned to category C continuing education experiences shall be 10 hours for each credit hour for postcertification education. The content shall be related to one of the domains of athletic training.

(4) Category D. Category D continuing education experiences shall consist of miscellaneous activities, which shall include evidence-based practice. The number of hours granted upon receipt of documented evidence of satisfactory completion for category D continuing education experiences shall be the following:

(A) One hour shall be granted for each hour of attendance at continuing education program activities that are not approved by the board for category A or category B, but that are related to specific athletic training and sports medicine topics.

(B) One hour shall be granted for each hour of listening to unapproved continuing education programs or other multimedia products related to one of the domains of athletic training. No more than five hours per renewal period shall be allowed.

(g) No credit shall be granted for making any repeated presentations of the same subject matter.

(h) No credit shall be granted for reiteration of material or information obtained from attendance at a continuing education program.

(i) To provide evidence of satisfactory completion of continuing education, the following shall be submitted to the board:

(1) Documented evidence of attendance at category A and category D activities;

(2) proof of participation in category B activities, which shall include a copy of any professional publication or documentation of any presentation;

(3) receipt and verification of completion of approved self-instruction from home study courses;

(4) a copy of each transcript or grade report for category C activities; and

(5) personal verification of listening to or viewing continuing education program videotapes, audiotapes, or other multimedia products, as described in paragraph (f)(4)(B).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-6905; implementing K.S.A. 65-6905 and 65-6909; effective Jan. 9, 1998; amended Nov. 15, 2002; amended Sept. 9, 2005; amended May 15, 2009; amended Jan. 10, 2020; amended, T-100-8-31-22, Aug. 31, 2022; amended Dec. 30, 2022.)

Kan. Admin. Regs. § 100-69-11 Reinstatement; canceled and revoked licenses

(a) Each applicant desiring to reinstate a license that has been canceled for failure to renew for more than 30 days shall submit proof of continuing education to the board as follows:

(1) If the time since the license was canceled has been one year or less, no continuing education in addition to that which would have been necessary had the license been renewed before cancellation shall be required.

(2) If the time since the license was canceled has been more than one year, but fewer than four years, the applicant shall provide one of the following:

(A) Evidence of completion of a minimum of 20 hours of continuing education credit hours for each year the applicant has not been in active practice;

(B) proof of completion of continuing education required by the national athletic trainers' association board of certification, inc., as evidenced by proof of active status certification; or

(C) proof that the applicant has passed the written simulation section of the examination required for a license within 12 months before the date the application was submitted.

(3) If the time since the license expired has been four years or more, the applicant shall provide one of the following:

(A) Proof of current active status certification by the national athletic trainers' association board of certification, inc.; or

(B) proof that the applicant has passed the examination required for a registration within 12 months before the date the application was submitted.

(4) If, since the date the license was canceled, the applicant has been in active practice as an athletic trainer in another state or jurisdiction that requires a license, registration, or certification to practice, the applicant shall submit proof of the current license, registration, or certification and proof of compliance with the continuing education requirements of that jurisdiction.

(b) Each applicant seeking reinstatement of a revoked license shall successfully complete an individually tailored program approved by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-6905 and K.S.A. 2004 Supp. 65-6911; implementing K.S.A. 2004 Supp. 65-6909; effective Nov. 15, 2002; amended Sept. 9, 2005.)

Kan. Admin. Regs. § 100-69-12 Application

(a) Each appli cant for licensure as an athletic trainer shall submit a completed application on a form provided by the board. The application shall include the following information in legible writing:

(1) The applicant's full name;

(2) the applicant's mailing address. If the applicant's mailing address is different from the applicant's residential address, the applicant shall also provide the residential address;

(4) information on any licenses, registrations, or certifications issued to the applicant to practice any health care profession;

(5) information on any prior acts constituting unprofessional conduct, as defined in K.A.R. 100-69-7, that could constitute grounds for denial of the application;

(6) the applicant's daytime telephone number;

(7) the applicant's date and place of birth;

(8) the name of each educational program recognized under K.A.R. 100-69-1 that the applicant attended, including the program from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;

(9) the number of times the applicant has taken the examination required by the board for licensure and the date that the applicant passed the examination; and

(10) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application.

(b) Each applicant shall submit the following with the application:

(1) The fee required by K.A.R. 100-69-5;

(2) an official transcript that specifies the degree awarded from an educational program recognized by the board under K.A.R. 100-69-1;

(4) a current photograph, two by three inches in size, of the applicant's head and shoulders taken within 90 days before the date the application is received by the board; and

(5) evidence provided directly to the board from the testing entity recognized and approved under K.A.R. 100-69-3 that the applicant has passed the examination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 65-6905; implementing K.S.A. 2008 Supp. 65-6906; effective June 4, 2010.)

Article 72 Naturopathy

Kan. Admin. Regs. § 100-72-1 Fees

The following fees shall be collected by the board:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7207 and K.S.A. 65-7213; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003; amended, T-100-10-16-08, Oct. 16, 2008; amended Feb. 13, 2009.)

Kan. Admin. Regs. § 100-72-2 Application

(a) Each individual who desires to register as a naturopathic doctor shall submit an application on a form provided by the board. The form shall contain the following information:

(1) The applicant's full name;

(2) the applicant's social security number, individual tax identification number, driver's license number, or nondriver identification number, if the applicant is advised that providing a social security number is voluntary pursuant to K.S.A. 74-139 and 74-148, and amendments thereto, and that if the social security number is provided, the agency may provide this number to the Kansas department of social and rehabilitation services for child support enforcement purposes and to the Kansas department of revenue's director of taxation;

(3) the applicant's mailing address. If the applicant's mailing address is different from the applicant's residential address, the applicant shall also provide the residential address;

(4) the applicant's date and place of birth;

(5) the applicant's daytime phone number;

(6) the names of all educational programs recognized under K.A.R. 100-72-4 that the applicant attended, including the program from which the applicant graduated, the degree awarded to the applicant, and the date of graduation;

(7) notarized certification that the applicant has completed a program in naturopathy from a postsecondary school recognized under K.A.R. 100-72-4;

(8) the issue date; state, territory, the District of Columbia, or other country of issuance; and the identifying number on any license, registration, or certification issued to the applicant to practice any health care profession;

(9) documentation of any prior acts constituting unprofessional conduct as defined in K.S.A. 65-7208, and amendments thereto, and K.A.R. 100-72-3;

(10) the number of times the applicant has taken the examination required by the board for licensure and the date the applicant passed the examination; and

(11) a notarized release authorizing the board to receive any relevant information, files, or records requested by the board in connection with the application.

(b) Each applicant shall submit the following with the application:

(1) The fee required by K.A.R. 100-72-1;

(2) an official transcript for the applicant from an educational program approved by the board, as provided in K.A.R. 100-72-4, that specifies the degree awarded to the applicant;

(4) a photograph of the applicant measuring two inches by three inches and showing the head and shoulder areas only. The photograph shall be taken within 90 days before the date of application; and

(5) evidence provided directly to the board from the testing entity recognized and approved under K.A.R. 100-72-5 that the applicant has passed the examination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7203, 65-7204, and K.S.A. 2008 Supp. 65-7208; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003; amended June 4, 2010.)

Kan. Admin. Regs. § 100-72-3 Unprofessional conduct: defined

"Unprofessional conduct" means the commission of any of the following by an applicant or a registrant: (a) Unlawfully invading any branch of the healing arts by providing professional services that exceed the statutory definition of naturopathy, unless the professional services are provided under the supervision of or by order of a person who is licensed to practice the healing arts;

(b) identifying the professional services provided under authority of registration by the board as being other than naturopathy;

(c) providing professional services under a false or assumed name or by impersonating another person registered by the board as a naturopath;

(d) practicing as a naturopathic doctor without reasonable skill and safety because of any of the following:

(1) Illness;

(2) alcoholism;

(3) excessive use of drugs, controlled substances, chemicals, or any other type of material; or

(4) a result of any mental or physical condition;

(e) having a naturopathic license, registration, or certification revoked, suspended, or limited or having an application for any of these credentials denied by the proper regulatory authority of another state, territory, or country, or of the District of Columbia for conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a registration under K.S.A. 65-7208 and amendments thereto;

(f) cheating or attempting to subvert the validity of the examination required for registration;

(g) providing professional services within this state without maintaining a policy of professional liability insurance as required by K.S.A. 65-7217 and amendments thereto;

(h) failing to furnish to the board, or to its investigators or representatives, any information legally requested by the board;

(i) being sanctioned or disciplined by a review committee for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a registration under K.S.A. 65-7208 and amendments thereto;

(j) surrendering a license, registration, or certification to practice naturopathy in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, refusal to renew, suspension, or revocation of a registration under K.S.A. 65-7208 and amendments thereto;

(k) more than one instance involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board;

(l) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;

(m) providing naturopathy to a patient without the consent of the patient or the patient's legal representative;

(n) willfully betraying confidential information;

(o) advertising the ability to perform in a superior manner any professional service related to naturopathy;

(p) using any advertisement that is false, misleading, or deceptive in a material respect;

(q) committing conduct likely to deceive, defraud, or harm the public;

(r) making a false or misleading statement regarding the applicant's or registrant's skill;

(s) committing any act of sexual abuse, misconduct, or exploitation;

(t) obtaining any fee by fraud, deceit, or misrepresentation;

(u) charging an excessive fee for services rendered;

(v) failing to keep written records justifying the course of treatment of the patient;

(w) delegating naturopathy to a person who the registrant knows or has reason to know is not qualified by training or experience to perform it;

(x) directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, other than through the legal functioning of a professional partnership, professional corporation, limited liability company, or similar business entity that may be performed only by designated licensed or registered professionals;

(y) using experimental forms of diagnosis or treatment without adequate informed consent of the patient or the patient's legal guardian;

(z) administering, dispensing, or prescribing any natural substance or device for other than an accepted therapeutic purpose;

(aa) offering, undertaking, or agreeing to cure or treat a disease, injury, ailment, or infirmity by a secret means, method, device, or instrumentality;

(bb) offering any treatment that has been demonstrated by controlled trials to lack efficacy or that has been demonstrated by controlled trials as likely to harm the patient, except in the course of clinical investigation. If the registrant participates in a clinical investigation, before the investigation is begun, the registrant shall apply for and obtain approval of the investigation from the board, in addition to meeting all other requirements of applicable laws; or

(cc) violating any provision of these regulations, or any provision of the naturopathic doctor registration act and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-7208; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)

Kan. Admin. Regs. § 100-72-4 Criteria for approval of programs in naturopathy

To be recognized by the board as providing an approved educational program in naturopathy, each school of naturopathy shall meet the following standards: (a) The accreditation standards for naturopathic medical education, as specified in part two of the "handbook of accreditation for naturopathic medicine programs," 2002 edition, published by the council on naturopathic medical education and hereby adopted by reference; and

(b) the accreditation criteria of the commission on institutions of higher education of the north central association of colleges and schools, or its regional equivalent, as specified in chapter four of the "handbook of accreditation," second edition, published September 1997, and in the "addendum to the handbook of accreditation, second edition," published March 2002, which are hereby adopted by reference.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7204; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)

Kan. Admin. Regs. § 100-72-5 Examinations

(a) Each applicant for registration by examination as a naturopathic doctor shall submit proof of having passed a nationally administered, standardized examination that is approved by the board and consists of written questions and practical questions assessing knowledge and proficiency on subject matter from the following content areas:

(1) Basic sciences, including the following:

(A) Anatomy;

(B) biochemistry;

(D) pathology; and

(E) physiology; and

(2) clinical sciences, including the following:

(A) Emergency medicine and public health;

(B) laboratory diagnosis and diagnostic imaging;

(D) clinical nutrition;

(E) physical and clinical diagnosis;

(F) physical medicine;

(G) psychology;

(H) counseling;

(I) ethics; and

(J) homeopathy.

(b) Each applicant for specialty certification in naturopathic acupuncture shall submit proof of having passed a nationally administered, standardized examination that is approved by the board and consists of written and practical questions assessing knowledge and proficiency in acupuncture.

(c) In order to qualify as board-approved, the following examinations as administered by the North American board of naturopathic examiners shall meet the examination standards established by the board in this regulation:

(1) Part I, part II, and the homeopathic add-on clinical series of the naturopathic physicians licensing examinations (NPLEX); and

(2) the acupuncture add-on clinical series of NPLEX.

(d) To pass an approved examination, each applicant for registration shall obtain a criterion-referenced score of at least 75.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7205; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)

Kan. Admin. Regs. § 100-72-6 Professional liability insurance

(a) Each person registered by the board as a naturopathic doctor shall, before rendering professional services within the state, submit to the board evidence that the person is maintaining professional liability insurance coverage as required by K.S.A. 65-7217 and amendments thereto for which the limit of the insurer's liability is not less than $200,000 per claim, subject to an annual aggregate of not less than $600,000 for all claims made during the period of coverage.

(b) Each person registered by the board as a naturopathic doctor and rendering professional services in this state shall submit, with the annual application for renewal of the registration, evidence that the person is maintaining the professional liability insurance coverage specified in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7203; implementing K.S.A. 2004 Supp. 65-7217; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003; amended July 22, 2005.)

Kan. Admin. Regs. § 100-72-7 Registration renewals; continuing education

(a) Each registration initially issued or renewed by the board on or after January 1, 2009 and through December 31, 2009 shall expire on December 31, 2010.

(b) Each registration initially issued or renewed by the board on or after January 1, 2010 shall expire on December 31 of the year of issuance.

(1) Submit an application for renewal of registration and the registration renewal fee; and

(2) for the second and each subsequent renewal and for each renewal after reinstatement, submit evidence of satisfactory completion of at least 50 hours of continuing education since the registration was last renewed or was reinstated, whichever is more recent. At least 20 of these hours shall be taken in a professionally supervised setting, and not more than 30 of these hours may be taken in a non-supervised setting.

(d)Continuing education activities shall be designed to maintain, develop, or increase the knowledge, skills, and professional performance of persons registered to practice as a naturopathic doctor. All continuing education shall deal primarily with the practice of naturopathy. Each continuing education activity that occurs in a professionally supervised setting shall be presented by a provider.

(e)One hour shall mean 60 minutes of instruction or the equivalent.

(f)The content of each continuing education activity shall have a direct bearing on patient care.

(g)An activity occurring in a "professionally supervised setting" shall mean any of the following:

(1) Lecture, which means a discourse given before an audience for instruction;

(2) panel discussion, which means the presentation of a number of views by several professional individuals on a given subject;

(3) workshop, which means a series of meetings designed for intensive study, work, or discussion in a specific field of interest;

(4) seminar, which means directed, advanced study or discussion in a specific field of interest;

(5) symposium, which means a conference that consists of more than a single session and is organized for the purpose of discussing a specific subject from various viewpoints and by various speakers; or

(6) other structured, interactive, and formal learning methods approved by the board on a case-by-case basis.

(h)An activity occurring in a "non-supervised setting" shall mean any of the following:

(1) Teaching health-related courses to practicing naturopathic doctors or other health professionals;

(2) presenting a scientific paper to an audience of health professionals, or publishing a scientific paper in a medical or naturopathic journal;

(3) engaging in self-instruction, including journal reading and the use of television and other audiovisual materials;

(4) receiving instruction from a medical or naturopathic consultant;

(5) participating in programs concerned with review and evaluation of patient care;

(6) spending time in a self-assessment examination, not including examinations and quizzes published in journals; or

(7) engaging in meritorious learning experiences that provide a unique educational benefit to the registrant.

(i) To provide evidence of satisfactory completion of continuing education, each registrant shall submit the following to the board, as applicable:

(1) Documented evidence of attendance at each activity occurring in a professionally supervised setting; and

(2) proof of participation in each activity occurring in a non-supervised setting, which shall include a copy of any professional publication, the certification of a teaching activity, or the personal verification of any other activity occurring in a non-supervised setting.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7203; implementing K.S.A. 2007 Supp. 65-7209; effective, T-100-1-2-03, Jan. 2, 2003; effective Nov. 14, 2003; amended March 27, 2009.)

Kan. Admin. Regs. § 100-72-8 Naturopathic formulary

The following list shall constitute the naturopathic formulary for drugs and substances that are approved for intramuscular (IM) or intravenous (IV) administration, or both, by a naturopathic doctor pursuant to a written protocol entered into with a physician:

(a) Electrolytes and carrier solutions:

(1) Sterile water (IV, IM);

(2) electrolyte solution (IV);

(3) lactated ringers (IV);

(4) saline solution (IV); and

(5) half normal saline (IV);

(b) vitamins:

(1) Vitamin C (IV);

(2) B complex (IV, IM);

(3) folic acid (IV, IM);

(4) vitamin D (IV);

(5) vitamin E (IV);

(6) vitamin K (IV, IM);

(7) vitamin A (IV, IM); and

(8) vitamin B12 (IV, IM);

(1) Calcium (IV, IM);

(2) chromium (IV, IM);

(3) copper (IV, IM);

(4) iron (IV, IM);

(5) zinc (IV, IM);

(6) iodine (IV, IM);

(7) magnesium (IV, IM);

(8) selenium (IV, IM);

(9) molybdenum (IV, IM);

(10) vanadium (IV, IM);

(11) phosphorus (IV, IM); and

(12) manganese (IV, IM);

(d) amino acids:

(1) Amino acids, singular or in combination (IV);

(2) glutathione (IV, IM);

(3) tryptophan (IV); and

(4) 5 hydroxy tryptophan (IV);

(e) botanicals:

(1) Glycyrrhizin (IV, IM); and

(2) thujone-free artemisia (IV, IM); and

(f) the following miscellaneous drugs and substances:

(1) Lipids (IV);

(2) co-enzyme Q 10 (also known as ubiquinone or Co-Q 10) (IV, IM);

(3) alpha lipoic acid (IV, IM);

(4) hydrochloric acid (IV);

(5) epinephrine (IM);

(6) chelators, only with prior board approval:

(A) EDTA (IV); and

(B) DMPS (IV);

(7) diphenhydramine hydrochloride (IV, IM); and

(8) atropine sulfate (IV).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7212; effective Jan. 21, 2005.)

Kan. Admin. Regs. § 100-72-9 Written protocol

(a) Each physician entering into a written protocol with a registered naturopathic doctor shall be licensed to practice medicine and surgery in the state of Kansas and shall provide a copy of the protocol to the board within 10 days of entering into the protocol.

(b) Each written protocol between a physician and a naturopathic doctor shall contain the following information:

(1) The date on which the protocol was signed and the signatures of the physician and the naturopathic doctor;

(2) the license number of the physician and the registration number of the naturopathic doctor;

(3) the names of the drugs and substances from the naturopathic formulary, which is specified in K.A.R. 100-72-8, that the naturopathic doctor will be allowed to administer and the method of administration of each drug and substance;

(4) the usage and dosage authorized for each drug and substance;

(5) any warning or precaution associated with the administration of each drug and substance;

(6) a statement that a current copy of the protocol will be maintained at each practice location of the physician and the naturopathic doctor and that any change made to the protocol will be provided to the board within 10 days of making the change;

(7) a statement that the physician is professionally competent to order each drug and substance that the protocol authorizes the naturopathic doctor to administer and that treating the conditions identified in the protocol is within the lawful and customary practice of the physician;

(8) a statement that the authority to administer any drug or substance intravenously is limited to times when the physician either is physically present in the same building or can be present within five minutes at the location where the service is performed;

(9) the identification of any task or service that the physician delegates to any unlicensed person working with the naturopathic doctor;

(10) a statement that emergency procedures have been established by the physician and adopted by the naturopathic doctor to protect the patient in the absence of the physician and that the naturopathic doctor is competent to carry out those emergency procedures; and

(11) any conditions imposed by the physician on the naturopathic doctor before the administration of any of the drugs and substances listed in the protocol.

(c) Each written protocol shall be reviewed by the physician and naturopathic doctor at least annually, and each review shall be signed and dated on the current copy of the protocol.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7203; implementing K.S.A. 65-7202; effective Nov. 19, 2004.)

Article 73 Radiologic Technologists

Kan. Admin. Regs. § 100-73-1 Fees

The following fees shall be collected by the board:

(b) Annual renewal of license:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2008 Supp. 65-7312; implementing K.S.A. 2008 Supp. 65-7308; effective, T-100-7-1-05, July 1, 2005; effective Sept. 23, 2005; amended Aug. 17, 2007; amended, T-100-6-2-09, June 2, 2009; amended Sept. 11, 2009.)

Kan. Admin. Regs. § 100-73-2 Application

(a) Each individual for licensure as a radiologic technologist shall submit an application on a form provided by the board. The form shall contain the following information in legible writing:

(1) The applicant's full name;

(3) the applicant's residence address and, if different from the residence address, the applicant's current mailing address;

(4) the applicant's date and place of birth;

(5) the names of all educational programs recognized under K.A.R. 100-73-2 that the applicant attended, including the program from which the applicant graduated, the degree received, and the date of graduation;

(6) information on whether the applicant is currently certified or registered by any national organization; and

(7) for each license, registration, or certification issued to the applicant to practice any health care profession, the following information:

(A) The date of issuance;

(B) the identifying number on the license, registration, or certification; and

(8) documentation of any prior acts constituting unprofessional conduct as defined in K.S.A. 65-7313, and amendments thereto, and K.A.R. 100-73-6.

(b)(1) Each applicant shall submit the following with the application:

(A) The fee required by K.A.R. 100-73-1;

(B) an official transcript for the applicant from an educational program approved by the board, as specified in K.A.R. 100-73-3, that indicates the degree awarded to the applicant;

(C) a verification from each state or jurisdiction where the applicant has been issued any license, registration, or certification to practice any health care profession; and

(D) a photograph of the applicant measuring two inches by three inches and showing the head and shoulder areas only. The photograph shall be taken within 90 days of submission of the application for licensure.

(2) In addition to meeting the requirements specified in paragraph (1) of this subsection, each applicant shall have the testing entity specified in K.A.R. 100-73-4 provide evidence directly to the board that the applicant has passed the national certifying examination.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2009 Supp. 65-7312; implementing K.S.A. 2009 Supp. 65-7305; effective, T-100-7-1-05, July 1, 2005; effective Sept. 23, 2005; amended May 14, 2010.)

Kan. Admin. Regs. § 100-73-3 Criteria for approval of programs in nuclear medicine technology, radiation therapy, and radiography

(a) To be recognized by the board as providing an approved educational program in radiation therapy or radiography, each school shall meet one of the following:

(1) The accreditation standards for the radiologic sciences, as specified in the "standards for an accredited educational program in radiologic sciences," adopted and published by the joint review committee on education in radiologic technology, effective January 1, 2002 and hereby adopted by reference; or

(2) the accreditation criteria of the commission on institutions of higher education of the north central association of colleges and schools, or its regional equivalent, as specified in chapter four of the "handbook of accreditation," second edition, published September 1997, and in the "addendum to the handbook of accreditation," second edition, published March 2002, which are hereby adopted by reference.

(b) To be recognized by the board as providing an approved educational program in nuclear medicine technology, each school shall meet one of the following:

(1) The accreditation standards for nuclear medicine technologist as specified in the "essentials and guidelines for an accredited educational program for the nuclear medicine technologist," adopted and published by the joint review committee on educational programs in nuclear medicine technology, as revised in 2003 and hereby adopted by reference; or

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-7312; implementing K.S.A. 2004 Supp. 65-7305; effective, T-100-7-1-05, July 1, 2005; effective Sept. 23, 2005.)

Kan. Admin. Regs. § 100-73-4 Examinations

(a) Each applicant for licensure as a radiologic technologist who has completed a course of study in radiography shall submit proof of having passed a nationally administered, standardized examination. This examination shall be one that is approved by the board and consists of written questions assessing knowledge on subject matter from the following content categories:

(1) Radiation protection;

(2) equipment operation and quality control;

(3) image production and evaluation;

(4) radiographic procedures; and

(5) patient care and education.

(b) Each applicant for licensure as a radiologic technologist who has completed a course of study in radiation therapy shall submit proof of having passed a nationally administered, standardized examination. This examination shall be one that is approved by the board and consists of written questions assessing knowledge on subject matter from the following content categories:

(1) Radiation protection and quality assurance;

(2) clinical concepts in radiation oncology;

(3) treatment planning;

(4) treatment delivery; and

(5) patient care and education.

(c) Each applicant for licensure as a radiologic technologist who has completed a course of study in nuclear medicine technology shall submit proof of having passed a nationally administered, standardized examination. This examination shall be one that is approved by the board and consists of written questions assessing knowledge on subject matter from the following content categories:

(1) Radiation protection and safety;

(2) radionuclides and radiopharmaceuticals;

(3) instrumentation and quality control;

(4) diagnostic and therapeutic procedures; and

(5) patient care and education.

(d) Each applicant who has passed an approved examination required for licensure and has not been in the active practice of radiologic technology for more than one year but fewer than four years from the date the application was submitted shall provide the board with one of the following:

(1) Evidence of completion of a minimum of 12 continuing education credits for each year during which the applicant has not been in active practice;

(2) proof of current active status certification by the American registry of radiologic technologists or the nuclear medicine technology certification board; or

(3) proof that the applicant has passed an approved examination required for licensure within the 12 months before the date the application was submitted.

(e) Each applicant who has passed an approved examination for licensure and has not been in the active practice of radiologic technology for four years or more from the date the application was submitted shall provide the board with one of the following:

(1) Proof of current active status certification by the American registry of radiologic technologists or the nuclear medicine technology certification board; or

(2) proof that the applicant has passed an approved examination required for licensure within the 12 months before the date the application was submitted.

(f) To pass an approved examination, each applicant shall obtain a scaled score of at least 75.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-7312; implementing K.S.A. 2004 Supp. 65-7305 and 65-7306, as amended by L. 2005, ch. 34, § 3; effective, T-100-7-1-05, July 1, 2005; effective Sept. 23, 2005.)

Kan. Admin. Regs. § 100-73-5 Expiration of license

(a) Each radiologic technologist license issued before June 1, 2006 shall expire on September 30, 2006.

(b) For each license issued on or after June 1, 2006, the following requirements shall apply:

(1) Each radiologic technologist license issued within the seven-month period beginning June 1 and ending December 31 shall expire on September 30 of the following year.

(2) Each radiologic technologist license issued within the five-month period beginning January 1 and ending May 31 shall expire on September 30 of the same year.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2004 Supp. 65-7312; implementing K.S.A. 2004 Supp. 65-7307; effective, T-100-7-1-05, July 1, 2005; effective Sept. 23, 2005.)

Kan. Admin. Regs. § 100-73-6 Unprofessional conduct; defined

"Unprofessional conduct" shall mean the commission of any of the following by an applicant or a licensee: (a) Having a radiologic technologist license, registration, or certification revoked, suspended, or limited or having an application for any of these credentials denied by the proper regulatory authority of another state, territory, or country, or of the District of Columbia;

(b) cheating or attempting to subvert the validity of the examination required for registration;

(c) failing to furnish to the board, or to its investigators or representatives, any information legally requested by the board;

(d) being sanctioned or disciplined by a peer review committee, or a medical care facility for acts or conduct that would constitute grounds for denial, limitation, suspension, or revocation of a license under K.S.A. 65-7313 and amendments thereto;

(e) surrendering a license, registration, or certification to practice radiologic technology in another state while disciplinary proceedings are pending for acts or conduct that would constitute grounds for denial, limitation, suspension, or revocation of a license under K.S.A. 65-7313 and amendments thereto;

(f) being professionally incompetent, as defined in K.S.A. 65-2837 and amendments thereto;

(g) willfully betraying confidential information;

(h) committing conduct likely to deceive, defraud, or harm the public;

(i) committing any act of sexual abuse, misconduct, or exploitation;

(j) delegating radiologic technology to a person who the licensee knows or has reason to know is not qualified by training or experience to perform it; or

(k) violating any provision of these regulations or any provision of the radiologic technologists practice act and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2004 Supp. 65-7313; effective, T-100-7-1-05, July 1, 2005; effective Sept. 23, 2005.)

Kan. Admin. Regs. § 100-73-7 License renewal; continuing education

(a) On the license renewal form, each licensed radiologic technologist shall certify either of the following:

(1) The person completed at least 12 credits of continuing education during the 12-month period immediately preceding the license expiration date. Each person renewing a license for the first time shall be exempt from the 12-month requirement.

(2) The person completed at least 24 credits of continuing education during the 24-month period beginning on the first day of the person's next birth month after initial certification from the American registry of radiologic technologists and extending 24 months to the end of the month before the birth month. Each subsequent 24-month period shall be measured using the same beginning and ending months.

(b) Any licensee may request that the board grant an extension of the time to complete the required continuing education if, during the 12-month period immediately preceding the license expiration date, the person experienced an undue hardship resulting from illness, injury, or any other circumstance preventing the licensee's timely completion of continuing education.

(d) Each person who certifies completion of continuing education shall, for at least three years following the date of certification, maintain documentation of completion that shall include one of the following:

(1) A verification of completion issued by a national, state, or local organization meeting the requirements of subsections (f) and (g);

(2) a copy of the written materials provided with the continuing education activity, along with documentation of all of the following:

(A) The name, address, and telephone number of the activity sponsor and the name and telephone number of a contact person for the activity sponsor;

(B) the title of the continuing education activity;

(D) specification of whether the activity was presented in person or by video, satellite, or internet;

(E) the number of continuing education credits completed;

(F) the activity agenda;

(G) the name and professional biographical information of each presenter; and

(H) written proof of participation; or

(3) a notarized certificate of current registration with the American registry of radiologic technologists or the nuclear medicine technology certification board.

(e) Within 30 days following a written request by the board to a licensee, the licensee shall provide the board with proof of completion of continuing education as specified in this regulation.

(f) The categories of continuing education experiences shall be the following:

(1) Meetings and courses. Meetings and courses shall be planned, organized, and administered to enhance the knowledge and skills that a radiologic technologist uses to provide services to patients, the public, or the medical profession. Meetings and courses shall include the following:

(A) Symposium. "Symposium" shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.

(B) Seminar. "Seminar" shall mean directed advanced study or discussion in a specific field of interest.

(C) Workshop. "Workshop" shall mean a series of meetings designed for intensive study, work, or discussion in a specific field of interest.

(D) Conference. "Conference" shall mean a formal meeting of a number of people for a discussion in a specific field of interest.

(E) Home study course. "Home study course" shall mean a correspondence course designed for advanced study in a specific field of interest.

(2) Leadership. Leadership shall include any presentation at one of the types of meetings described in paragraphs (f)(1)(A) through (D). The number of credits granted for leadership shall be the following:

(A) Six credits for instructor or instructor-trainer at a cardiopulmonary resuscitation (CPR) course provided by the American red cross, American heart association, or American safety and health institute; and

(B) two credits for the development of each one-hour presentation that meets the requirements of paragraph (f)(1)(A), (B), (C), or (D).

(3) Classwork. Classwork shall include the following:

(A) Six credits for satisfactory completion of an advanced life support class or a pediatric life support class provided by the American red cross, the American heart association, or the American safety and health institute; and

(B) 12 credits for each academic quarter or semester credit granted by a postsecondary educational institution in a course that is relevant to radiologic technology or patient care for which the student received a grade of at least C or its equivalent, or a grade of pass in a pass-fail course. Relevant courses shall include courses in the biologic sciences, physical sciences, radiologic sciences, health and medical sciences, social studies, communication, mathematics, computers, management, and education methodology.

(g) Each continuing education activity offered using distance-learning media shall qualify for continuing education credit if the activity is in one of the categories of continuing education experiences specified in subsection (f) and meets all of the following conditions:

(1) The activity has a mechanism in place for the user to be able to contact the provider regarding questions about the continuing education activity.

(2) The provider of the activity evaluates the user's knowledge of the subject matter discussed in the continuing education activity.

(3) The activity limits the amount of time within which a user can complete the activity, which shall be no more than twice the number of hours for each credit awarded for the activity.

(4) The person or organization offering the activity provides a printed verification of completion of the activity or allows the user to print verification when the activity is completed.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 65-7307 and K.S.A. 65-7312; effective Nov. 27, 2006; amended, T-100-8-31-22, Aug. 31, 2022; amended Dec. 30, 2022.)

Kan. Admin. Regs. § 100-73-8 Reinstatement; canceled and revoked licenses

(a) Each applicant desiring to reinstate a license that has been canceled for failure to renew for more than 30 days shall submit proof of continuing education to the board as follows:

(1) If the time since the license was canceled has been one year or less, no continuing education shall be required in addition to that which would have been necessary had the license been renewed before cancellation.

(2) If the time since the license was canceled has been more than one year but fewer than four-years, the applicant shall provide one of the following:

(A) Evidence of completion of a minimum of 12 credits of continuing education for each year during which the applicant has not been in active practice;

(B) proof of completion of the continuing education required by the American registry of radiologic technologists or nuclear medicine technology certification board, as evidenced by proof of current active status certification; or

(C) proof that the applicant has passed an examination required for a license within 12 months before the date the application was submitted.

(3) If the time since the license was canceled has been four years or more, the applicant shall provide one of the following:

(A) A notarized certificate of current registration with the American registry of radiologic technologists or nuclear medicine technology certification board; or

(B) proof that the applicant has passed the examination required for a license within 12 months before the date on which the application was submitted.

(4) If, since the date the license was canceled, the applicant has been in active practice as a radiologic technologist in another state or jurisdiction that requires a license, registration, or certification to practice, the applicant shall submit proof of the current license, registration, or certification and proof of compliance with the continuing education requirements of that jurisdiction.

(b) Each applicant seeking reinstatement of a revoked license shall be required to successfully complete an individually tailored program approved by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2005 Supp. 65-7307 and 65-7312; implementing K.S.A. 2005 Supp. 65-7307; effective Nov. 27, 2006.)

Kan. Admin. Regs. § 100-73-9 Continuing education; persons exempt from licensure

Each person who performs any radiologic technology procedures and who is exempt from the licensure requirement pursuant to K.S.A. 65-7304(f), and amendments thereto, shall obtain 12 credits of continuing education each calendar year. The continuing education shall meet the criteria for continuing education specified in K.A.R. 100-73-7 and shall include the subjects for the training of x-ray equipment operators specified in K.A.R. 28-35-256.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2006 Supp. 65-7312; implementing K.S.A. 2006 Supp. 65-7304; effective July 6, 2007; amended March 28, 2008.)

Article 75 Contact Lenses

Kan. Admin. Regs. § 100-75-1 Fees

The following fees shall be collected by the board:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-4968; implementing K.S.A. 65-4967; effective, T-100-1-2-03, Jan. 2, 2003; effective May 23, 2003.)

Article 76 Acupuncturists

Kan. Admin. Regs. § 100-76-1 Fees

(a) The following fees shall be collected by the board:

(2) Annual renewal of active license:

(3) Annual renewal of inactive license:

(4) Annual renewal of exempt license:

(7) Late renewal:

(b) If a licensed acupuncturist's initial licensure period is six months or less before the first annual renewal period, the first annual renewal fee shall be prorated at $10.00 per month for any full or partial month.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7611; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-2 Licensure by examination

Each applicant for licensure by examination shall provide the following or the substantial equivalent of the following as determined by the board:

(a) Documentation of successful completion of the certification examination offered by the NCCAOM or an entity with standards equivalent to the standards of NCCAOM at the time the applicant completed the examination as determined by the board. The certification examination shall include the following components:

(1) Foundations of oriental medicine;

(2) acupuncture with point location; and

(3) biomedicine, except that the biomedicine component of the examination shall not be required for any applicant who completed the NCCAOM certification, or its equivalent, before 2005; and

(b) a copy of a clean needle technique (CNT) certificate from the council of colleges of acupuncture and oriental medicine (CCAOM) or NCCAOM.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7606; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018; amended March 8, 2019.)

Kan. Admin. Regs. § 100-76-3 Waiver of examination and education

(a) Pursuant to K.S.A. 2017 Supp. 65-7608 and amendments thereto, certain license prerequisites for education and examination shall be waived by the board for each applicant who submits an application on or before January 1, 2018 and provides the following:

(1) Proof that the applicant has completed at least 1,350 hours of curriculum-based study, an approved apprenticeship, or a tutorial program, or a combination of these, excluding on-line study, in the field of acupuncture. Proof of hours may be shown by successful completion of a curriculum-based program, an approved apprenticeship, or a tutorial program, or a combination of these, that meets the standards of the NCCAOM or any entity determined by the board to be the equivalent of the NCCAOM. To demonstrate successful completion of the requirements, the applicant shall submit the following:

(A)(i) Evidence that the apprenticeship preceptor either is licensed as an acupuncturist in the state in which the individual practices acupuncture or is a diplomate of acupuncture; and

(ii) a copy of the notes, records, or other documentation maintained by the preceptor conducting the apprenticeship or tutorial program providing evidence of the educational materials used in the apprenticeship and documenting the number of hours taught and the subjects covered; or

(B) an official school transcript;

(2) evidence of a current clean needle technique (CNT) certificate obtained from the CCAOM, NCCAOM, or any entity determined to be the equivalent by the board; and

(3) proof that the applicant has been engaged in the practice of acupuncture and has had at least 1,500 patient visits in three of the last five years. The applicant shall provide any of the following for the board's review:

(A) Affidavits from at least two people who have practiced acupuncture with the applicant, including office partners, clinic supervisors, and any other individuals approved by the board;

(B) a copy of each continuing education certificate obtained within the last three years;

(D) a copy of the applicant's patient charts.

(b) Each applicant shall provide any additional documentation requested by the board.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7608 and 65-7615; implementing K.S.A. 2017 Supp. 65-7608; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-4 Exempt license; description of professional activities

(a) Each person applying for an exempt license shall specify on the application all professional activities related to the practice of acupuncture that the person will perform if issued an exempt license.

(b) The professional activities performed by each individual holding an exempt license shall be limited to the following:

(1) Performing administrative functions, including peer review, utilization review, and expert opinions; and

(2) providing direct patient care services gratuitously or providing supervision, direction, or consultation for no compensation. Nothing in this subsection shall prohibit an exempt license holder from receiving payment for subsistence allowances or actual and necessary expenses incurred in providing these services.

(c) Each person holding an exempt license shall, at the time of license renewal, specify on the renewal application all professional activities related to the practice of acupuncture that the person will perform during the renewal period.

(d) Each person who requests modification of the professional activities on that person's application or renewal application for an exempt license shall notify the board of the modification within 30 days. The request for modification shall be submitted on a form provided by the board.

(e) Each licensed acupuncturist who has held an exempt license for less than two years and requests an active license designation shall submit evidence of satisfactory completion of at least 15 contact hours of continuing education within the preceding one-year period, as specified in K.A.R. 100-76-6.

(f) Each violation of subsection (a), (c), or (d) shall constitute prima facie evidence of unprofessional conduct pursuant to K.S.A. 2017 Supp. 65-7616, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7609 and 65-7616; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-5 Professional liability insurance; active license

(a) Each person applying for an active license in acupuncture shall submit to the board, with the application, evidence that the person has obtained the professional liability insurance coverage required by K.S.A. 2017 Supp. 65-7609, and amendments thereto, for which the limit of the insurer's liability is at least $200,000 per claim, subject to an annual aggregate of at least $600,000 for all claims made during the period of coverage.

(b) Each licensed acupuncturist with an active license designation shall submit to the board, with the annual application for license renewal, evidence that the licensee has continuously maintained and currently holds the professional liability insurance coverage specified in subsection (a).

(c) Each licensed acupuncturist who submits an application for change of designation to active license designation shall submit to the board, with the application, evidence that the licensee currently holds the professional liability insurance coverage specified in subsection (a).

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7609 and 65-7615; implementing K.S.A. 2017 Supp. 65-7609; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-6 Continuing education

(a) Each licensee shall complete at least 30 contact hours of approved continuing education within the 24 months preceding each renewal date in an even-numbered year, except as specified in subsection (b).

(b) A licensee initially licensed less than 12 months before a renewal date when continuing education is required shall not be required to submit evidence of completion of the continuing education required by subsection (a) for the first renewal period. Each licensee initially licensed more than one year but less than two years before a renewal date when continuing education is required shall complete at least 15 contact hours of approved continuing education within the licensure period.

(c) Each licensee shall maintain evidence of successful completion of all continuing education activities for five years from the date of completion of the activity. Evidence of successful completion of the continuing education activities required by subsections (a) and (b) may be requested by the board.

(d) Upon request by a licensee, an extension of up to six months may be granted by the board if the licensee cannot meet the requirements of subsection (a) or (b) due to a substantiated medical condition, natural disaster, death of a spouse or an immediate family member, or any other similar circumstance that renders the licensee incapable of meeting the requirements of subsection (a) or (b). Each request shall include a plan for completing the required continuing education activities.

(e) A contact hour shall consist of 50 minutes of approved continuing education activities. Meals and breaks shall not be included in the calculation of contact hours.

(f) All continuing education activities shall be related to the practice of acupuncture and shall pertain to any of the following:

(1) Clinical skills;

(2) clinical techniques;

(3) educational principles when providing service to patients, families, health professionals, health professional students, or the community;

(4) health care and the health care delivery system;

(5) problem solving, critical thinking, medical recordkeeping, and ethics;

(6) policy;

(7) biomedical science; or

(8) research.

(g) Continuing education activities shall consist of the following:

(1) Offerings. "Offerings" shall mean any offerings approved by the NCCAOM, by NCCAOM state affiliates, or by an entity with standards substantially equivalent to the standards of the NCCAOM as determined by the board or any other offerings approved by the board, subject to the limitation specified in paragraph (g)(9)(A).

(2) Lecture. "Lecture" shall mean a live discourse for the purpose of instruction given before an audience.

(3) Panel. "Panel" shall mean the presentation of multiple views by several professional individuals on a given subject, with none of the views considered a final solution.

(4) Workshop. "Workshop" shall mean a series of meetings designed for intensive study, work, or discussion in a specific field of interest.

(5) Seminar. "Seminar" shall mean directed advanced study or discussion in a specific field of interest.

(6) Symposium. "Symposium" shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.

(7) In-service training. "In-service training" shall mean an educational presentation given to employees during the course of employment that pertains solely to the enhancement of acupuncture skills in the evaluation, assessment, or treatment of patients.

(8) Administrative training. "Administrative training" shall mean a presentation that enhances the knowledge of an acupuncturist on the topic of quality assurance, risk management, reimbursement, statutory requirements, or claim procedures.

(9) Self-instruction. "Self-instruction" shall mean either of the following:

(A) Reading professional literature. A maximum of four contact hours for each continuing education cycle shall be awarded. Each licensee shall maintain a log of all professional literature read as a continuing education activity; or

(B) completion of a correspondence, audio, video, or internet course approved by the NCCAOM, by NCCAOM state affiliates, or by an entity with standards substantially equivalent to the standards of the NCCAOM as determined by the board or any other continuing education offerings approved by the board, for which a printed verification of successful completion is provided by the person or organization offering the course.

(10) Continuing education activity presentation. "Continuing education activity presentation" shall mean the preparation and presentation of a continuing education activity that meets the requirements of this subsection. Three contact hours shall be awarded for each hour spent presenting.

(h) No contact hours shall be awarded for any continuing education activity that is repeated within a 48-month period.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 65-7615; implementing K.S.A. 65-7609; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018; amended Nov. 13, 2020.)

Kan. Admin. Regs. § 100-76-7 Unprofessional conduct; definitions

Each of the following terms, as used in K.S.A. 2017 Supp. 65-7616 and amendments thereto and this article of the board's regulations, shall have the meaning specified in this regulation:

(a) "Unprofessional conduct" shall mean any of the following:

(1) Soliciting patients through the use of fraudulent or false advertisements or profiting by the acts of those representing themselves to be agents of the licensee;

(2) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;

(3) assisting in the care or treatment of a patient without the consent of the patient or the patient's legal representative;

(5) willful betrayal of confidential information;

(6) advertising professional superiority or the performance of professional services in a superior manner;

(7) advertising to guarantee any professional service or to perform any professional service painlessly;

(8) engaging in conduct related to the practice of acupuncture that is likely to deceive, defraud, or harm the public;

(9) making a false or misleading statement regarding the licensee's skill or the efficacy or value of the treatment or remedy prescribed by the licensee or at the licensee's direction, in the treatment of any disease or other condition of the body or mind;

(11) using any false, fraudulent, or deceptive statement in any document connected with the practice of acupuncture, including the intentional falsifying or fraudulent altering of a patient record;

(12) obtaining any fee by fraud, deceit, or misrepresentation;

(13) failing to transfer a patient's records to another licensee when requested to do so by the patient or by the patient's legally designated representative;

(14) performing unnecessary tests, examinations, or services that have no legitimate purpose;

(15) charging an excessive fee for services rendered;

(16) repeated failure to engage in the practice of acupuncture with that level of care, skill, and treatment that is recognized by a reasonably prudent similar practitioner as being acceptable under similar conditions and circumstances;

(17) failure to keep written medical records that accurately describe the services rendered to each patient, including patient histories, pertinent findings, examination results, and test results;

(18) delegating professional responsibilities to a person if the licensee knows or has reason to know that the person is not qualified by training, experience, or licensure to perform those professional responsibilities;

(19) failing to properly supervise, direct, or delegate acts that constitute the practice of acupuncture to persons who perform professional services pursuant to the licensee's direction, supervision, order, referral, delegation, or practice protocols;

(20) committing fraud or misrepresentation in applying for or securing an original, renewal, or reinstated license;

(21) willfully or repeatedly violating the act, any implementing regulations, or any regulations of the secretary of health and environment that govern the practice of acupuncture;

(22) unlawfully practicing any profession regulated by the board in which the licensed acupuncturist is not licensed to practice;

(23) failing to report or reveal the knowledge required to be reported or revealed pursuant to K.S.A. 2017 Supp. 65-7621, and amendments thereto;

(24) failing to furnish the board, or its investigators or representatives, any information legally requested by the board;

(26) failing to maintain a policy of professional liability insurance as required by K.S.A. 2017 Supp. 65-7609, and amendments thereto, and K.A.R. 100-76-5;

(27) knowingly submitting any misleading, deceptive, untrue, or fraudulent representation on a claim form, bill, or statement;

(28) giving a worthless check or stopping payment on a debit or credit card for fees or moneys legally due to the board;

(29) knowingly or negligently abandoning medical records;

(30) engaging in conduct that violates patient trust and exploits the licensee-patient relationship for personal gain; or

(31) obstructing a board investigation, including engaging in one or more of the following acts:

(A) Falsifying or concealing a material fact;

(B) knowingly making or causing to be made any false or misleading statement or writing; or

(1) Representations made or suggested by statement, word, design, device, or sound, or any combination of these; and

(2) the extent to which the advertisement fails to reveal facts material in the light of the representations made.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7616; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-8 Professional incompetency; definition

As used in K.S.A. 2017 Supp. 65-7616 and amendments thereto and this article of the board's regulations, professional incompetency shall mean any of the following:

(a) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board;

(b) repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board; or

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7616; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-9 Patient records; adequacy

(a) Each licensed acupuncturist shall maintain an adequate record for each patient for whom the licensee performs a professional service.

(b) Each patient record shall meet the following requirements:

(1) Be legible;

(2) contain only those terms and abbreviations that are or should be comprehensible to similar licensees;

(3) contain adequate identification of the patient;

(4) indicate the date on which each professional service was provided;

(5) contain all clinically pertinent information concerning the patient's condition;

(6) document what examinations, vital signs, and tests were obtained, performed, or ordered and the findings and results of each;

(7) specify the patient's initial reason for seeking the licensee's services and the initial diagnosis;

(8) specify the treatment performed or recommended;

(9) document the patient's progress during the course of treatment provided by the licensee; and

(10) include all patient records received from other health care providers, if those records formed the basis for a treatment decision by the licensee.

(c) Each entry shall be authenticated by the person making the entry, unless the entire patient record is maintained in the licensee's own handwriting.

(e) For purposes of the act and this regulation, an electronic patient record shall be deemed to be a written patient record if both of the following conditions are met:

(1) Each entry in the electronic record is authenticated by the licensee.

(2) No entry in the electronic record can be altered after authentication.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7616; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-10 Release of records

(a) Each licensed acupuncturist shall, upon receipt of a signed release from a patient, furnish a copy of the patient record to the patient, to another licensee designated by the patient, or to the patient's legally designated representative, unless withholding records is permitted by law or furnishing records is prohibited by law.

(b) Any licensee may charge a person or entity for the reasonable costs to retrieve or reproduce a patient record. A licensee shall not condition the furnishing of a patient record to another licensee upon prepayment of these costs.

(c) Each violation of this regulation shall constitute prima facie evidence of unprofessional conduct pursuant to K.S.A. 2017 Supp. 65-7616, and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7616; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-11 Free offers

Each licensed acupuncturist who offers to perform a free examination, service, or procedure for a patient shall perform only the examination, service, or procedure specified in the offer. Before any additional examination, service, or procedure is performed, the licensee shall explain the nature and purpose of the examination, service, or procedure and specifically disclose to the patient, to the greatest extent possible, the cost of the additional examination, service, or procedure.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7616; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Kan. Admin. Regs. § 100-76-12 Business transactions with patients; unprofessional conduct

(a) Non-health-related goods or services. A licensed acupuncturist offering to sell a non-health-related product or service to a patient from a location at which the licensee regularly engages in the practice of acupuncture shall have engaged in unprofessional conduct, unless otherwise allowed by this subsection. A licensed acupuncturist shall not have engaged in unprofessional conduct by offering to sell a non-health-related product or service if all of the following conditions are met:

(1) The sale is for the benefit of a public service organization.

(2) The sale does not directly or indirectly result in financial gain to the licensee.

(3) No patient is unduly influenced to make a purchase.

(b) Business opportunity. A licensed acupuncturist shall have engaged in unprofessional conduct if all of the following conditions are met:

(1) The licensee recruits or solicits a patient either to participate in a business opportunity involving the sale of a product or service or to recruit or solicit others to participate in a business opportunity.

(2) The sale of the product or service directly or indirectly results in financial gain to the licensee.

(3) The licensee recruits or solicits the patient at any time that the patient is present in a location at which the licensee regularly engages in the practice of acupuncture.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by K.S.A. 2017 Supp. 65-7615; implementing K.S.A. 2017 Supp. 65-7616; effective, T-100-9-21-17, Sept. 21, 2017; effective Jan. 12, 2018.)

Article 77 Telemedicine

Kan. Admin. Regs. § 100-77-1 Definitions

Each of the following terms, as used in this article of the board's regulations, shall have the meaning specified in K.S.A. 2018 Supp. 40-2,211, and amendments thereto:

(a) "Distant site";

(b) "healthcare provider";

(d) "physician"; and

(e) "telemedicine," including "telehealth."

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 40-2,214; effective, T-100-12-28-18, Dec. 28, 2018; effective May 10, 2019.)

Kan. Admin. Regs. § 100-77-2 Telemedicine deemed rendered at location of patient

For the purposes of this article of the board's regulations, the delivery of healthcare services shall be deemed to occur at the originating site.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 40-2,214; effective, T-100-12-28-18, Dec. 28, 2018; effective May 10, 2019.)

Kan. Admin. Regs. § 100-77-3 Prescribing drugs by means of telemedicine

The same laws and regulations that apply to a healthcare provider prescribing drugs, including controlled substances, by means of in-person contact with a patient shall apply to prescribing drugs, including controlled substances, by means of telemedicine.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2018 Supp. 40-2,214; effective, T-100-12-28-18, Dec. 28, 2018; effective May 10, 2019.)

Article 78 Business Entities

Kan. Admin. Regs. § 100-78-1 Business entity certificate of authorization; expiration date

Each business entity certificate of authorization issued by the board shall expire on June 30 of each year, beginning June 30, 2021.

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 65-28,134; effective, T-100-2-28-20, March 1, 2020; effective May 15, 2020.)

Kan. Admin. Regs. § 100-78-2 Fees

The following fees shall be collected by the board:

***** Authenticated Kansas Administrative Regulation *****

History

History: (Authorized by and implementing K.S.A. 2019 Supp. 65-28,134; effective, T-100-2-28-20, March 1, 2020; effective May 15, 2020.)