48-966. Same; expanded practice by certain healthcare professionals; physician assistants, advanced practice registered nurses, registered nurse anesthetists, registered professional nurses, licensed practical nurses, pharmacists, physical therapists, emergency medical services providers and certain students; expanded authority to practice for professionals from other states; liability; expiration of section. (a) Notwithstanding the provisions of K.S.A. 65-28a08 and 65-28a09, and amendments thereto, or any other statute to the contrary, a licensed physician assistant may provide healthcare services appropriate to such physician assistant's education, training and experience within a designated healthcare facility at which the physician assistant is employed or contracted to work as necessary to support the facility's response to the COVID-19 pandemic without a written agreement with a supervising physician. Such physician assistant shall not be liable in any criminal prosecution, civil action or administrative proceeding arising out of such physician assistant's lack of written agreement with a supervising physician.
(b) Notwithstanding the provisions of K.S.A. 65-1130, and amendments thereto, or any other statute to the contrary, a licensed advanced practice registered nurse may provide healthcare services appropriate to such advanced practice registered nurse's education, training and experience within a designated healthcare facility at which the advanced practice registered nurse is employed or contracted to work as necessary to support the facility's response to the COVID-19 pandemic without direction and supervision from a responsible physician. Such advanced practice registered nurse shall not be liable in any criminal prosecution, civil action or administrative proceeding arising out of such advanced practice registered nurse's lack of direction and supervision from a responsible physician.
(c) Notwithstanding the provisions of K.S.A. 65-1158, and amendments thereto, or any other statute to the contrary, a registered nurse anesthetist may provide healthcare services appropriate to such registered nurse anesthetist's education, training and experience within a designated healthcare facility at which the registered nurse anesthetist is employed or contracted to work as necessary to support the facility's response to the COVID-19 pandemic without direction and supervision from a physician. Such registered nurse anesthetist shall not be liable in any criminal prosecution, civil action or administrative proceeding arising out of such registered nurse anesthetist's lack of direction and supervision from a physician.
(d) Notwithstanding the provisions of K.S.A. 65-1113, and amendments thereto, or any other statute to the contrary:
(1) A registered professional nurse or licensed practical nurse may order the collection of throat or nasopharyngeal swab specimens from individuals suspected of being infected by COVID-19 for purposes of testing; and
(2) a licensed practical nurse may provide healthcare services appropriate to such licensed practical nurse's education, training and experience within a designated healthcare facility at which the licensed practical nurse is employed or contracted to work as necessary to support the facility's response to the COVID-19 pandemic without direction from a registered professional nurse. Such licensed practical nurse shall not be liable in any criminal prosecution, civil action or administrative proceeding arising out of such licensed practical nurse's lack of supervision from a registered professional nurse.
(e) Notwithstanding the provisions of K.S.A. 65-1626a, and amendments thereto, or any other statute to the contrary, a licensed pharmacist may provide care for routine health maintenance, chronic disease states or similar conditions appropriate to such pharmacist's education, training and experience within a designated healthcare facility at which the pharmacist is employed or contracted to work as necessary to support the facility's response to the COVID-19 pandemic without a collaborative practice agreement with a physician. Such pharmacist shall not be liable in any criminal prosecution, civil action or administrative proceeding arising out of such pharmacist's lack of collaborative practice agreement with a physician.
(f) Notwithstanding the provisions of K.S.A. 65-1115, 65-1116 and 65-1117, and amendments thereto, or any other statute to the contrary, a registered professional nurse or licensed practical nurse who holds a license that is exempt or inactive or whose license has lapsed within the past five years from the effective date of this act may provide healthcare services appropriate to the nurse's education, training and experience. Such registered professional nurse or licensed practical nurse shall not be liable in any criminal prosecution, civil action or administrative proceeding arising out of such nurse's exempt, inactive or lapsed license.
(g) Notwithstanding any other provision of law to the contrary, a designated healthcare facility may, as necessary to support the facility's response to the COVID-19 pandemic:
(1) Allow a student who is enrolled in a program to become a licensed, registered or certified healthcare professional to volunteer for work within such facility in roles that are appropriate to such student's education, training and experience;
(2) allow a licensed, registered or certified healthcare professional or emergency medical personnel who is serving in the military in any duty status to volunteer or work within such facility in roles that are appropriate to such military service member's education, training and experience; and
(3) allow a medical student, physical therapist or emergency medical services provider to volunteer or work within such facility as a respiratory therapist extender under the supervision of a physician, respiratory therapist or advanced practice registered nurse. Such respiratory therapist extender may assist respiratory therapists and other healthcare professionals in the operation of ventilators and related devices and may provide other healthcare services appropriate to such respiratory therapist extender's education, training and experience, as determined by the facility in consultation with such facility's medical leadership.
(h) Notwithstanding any statute to the contrary, a healthcare professional licensed and in good standing in another state may practice such profession in the state of Kansas. For purposes of this subsection, a license that has been suspended or revoked or a licensee that is subject to pending license-related disciplinary action shall not be considered to be in good standing. Any license that is subject to limitation in another state shall be subject to the same limitation in the state of Kansas. Such healthcare professional shall not be liable in any criminal prosecution, civil action or administrative proceeding arising out of such healthcare professional's lack of licensure in the state of Kansas.
(i) Notwithstanding any statute to the contrary, a designated healthcare facility may use a qualified volunteer or qualified personnel affiliated with any other designated healthcare facility as if such volunteer or personnel was affiliated with the facility using such volunteer or personnel, subject to any terms and conditions established by the secretary of health and environment.
(j) Notwithstanding any statute to the contrary, a healthcare professional may be licensed, certified or registered or may have such license, certification or registration reinstated within five years of lapse or renewed by the applicable licensing agency of the state of Kansas without satisfying the following conditions of licensure, certification or registration:
(1) An examination, if such examination's administration has been canceled while the state of disaster emergency proclamation issued by the governor in response to the COVID-19 pandemic is in effect;
(2) fingerprinting;
(3) continuing education; and
(4) payment of a fee.
(k) Notwithstanding any statute to the contrary, a professional certification in basic life support, advanced cardiac life support or first aid shall remain valid if such professional certification is due to expire or be canceled while the state of disaster emergency proclamation issued by the governor in response to the COVID-19 pandemic is in effect.
(l) Notwithstanding any statute to the contrary, fingerprinting of any individual shall not be required as a condition of licensure and certification for any hospital, as defined in K.S.A. 65-425, and amendments thereto, adult care home, county medical care facility or psychiatric hospital.
(m) As used in this section:
(1) "Appropriate to such professional's education, training and experience," or words of like effect, shall be determined by the designated healthcare facility in consultation with such facility's medical leadership; and
(2) "designated healthcare facility" means:
(A) Entities listed in K.S.A. 40-3401(f), and amendments thereto;
(B) state-owned surgical centers;
(C) state-operated hospitals and veterans facilities;
(D) entities used as surge capacity by any entity described in subparagraphs (A) through (C);
(E) adult care homes; and
(F) any other location specifically designated by the governor or the secretary of health and environment to exclusively treat patients for COVID-19.
(n) The provisions of this section shall expire on March 31, 2021.
History: L. 2020, ch. 1, § 23 (Special Session); L. 2021, ch. 1, § 9; January 25.
Structure Kansas Statutes
Chapter 48 - Militia, Defense And Public Safety
Article 9 - Emergency Preparedness For Disasters
48-905a Division of emergency management, establishment.
48-907 Powers and duties of adjutant general.
48-911 Mobile support units; duties of adjutant general.
48-912 Investigations and surveys; testimony and evidence; fees and mileage of witnesses.
48-916 Authority to accept services, gifts, grants and loans.
48-917 Persons ineligible for employment.
48-919 Employees, division of emergency management; expenses.
48-923 Limitations on effect of act.
48-926 State disaster emergency plan; rules and regulations.
48-927 State resources management plan.
48-928 Duties of division of emergency management.
48-934 Duties and immunities of law enforcement, military and other authorized personnel.
48-935 Force and effect of municipal ordinances during disaster emergencies.
48-936 Immunity from liability for persons in control of certain premises.
48-937 Communications systems during disasters; recommendations to governor.
48-942 Costs of emergency management plans and programs; fees.
48-943 Rules and regulations; personnel.
48-948 Citation of act; purpose.
48-950 Kansas mutual aid system; participation by political subdivisions.
48-951 Responsibilities of participating political subdivisions.
48-952 Requests for assistance among participating political subdivisions.
48-953 Obligation of participating political subdivisions to provide assistance; conditions.
48-955 Guidelines and procedures.
48-956 Personnel of participating political subdivision; benefits.
48-957 Nature of activities governmental; liability.
48-960 Division of emergency management authorized to accept certain real property in Saline county.
48-967 Severability; act concerning governmental response to the 2020 COVID-19 pandemic in Kansas.
48-968 Severability; governmental response to certain emergencies.