65-28,127. Licensees who direct, supervise, order, refer, accept responsibility for, enter into practice protocols with or delegate acts which constitute practice of healing arts to others; requirements and limitations; construction of section. (a) Every supervising or responsible licensee who directs, supervises, orders, refers, accepts responsibility for, enters into written agreements or practice protocols with, or who delegates acts which constitute the practice of the healing arts to other persons shall:
(1) Be actively engaged in the practice of the healing arts in Kansas;
(2) review and keep current any required written agreements or practice protocols between the supervising or responsible licensee and such persons, as may be determined by the board;
(3) direct, supervise, order, refer, enter into a written agreement or practice protocol with, or delegate to such persons only those acts and functions which the supervising or responsible licensee knows or has reason to believe can be competently performed by such person and is not in violation of any other statute or regulation;
(4) direct, supervise, order, refer, enter into a written agreement or practice protocol with, or delegate to other persons only those acts and functions which are within the normal and customary specialty, competence and lawful practice of the supervising or responsible licensee;
(5) provide for a qualified, substitute licensee who accepts responsibility for the direction, supervision, delegation and written agreements or practice protocols with such persons when the supervising or responsible licensee is temporarily absent; and
(6) comply with all rules and regulations of the board establishing limits and conditions on the delegation and supervision of services constituting the practice of medicine and surgery.
(b) "Responsible licensee" means a person licensed by the state board of healing arts to practice medicine and surgery or chiropractic who has accepted responsibility for the actions of persons who perform acts pursuant to written agreements or practice protocols with, or at the order of, or referral, direction, supervision or delegation from such responsible licensee.
(c) Except as otherwise provided by rules and regulations of the board implementing this section, the physician assistant licensure act shall govern the direction and supervision of physician assistants by persons licensed by the state board of healing arts to practice medicine and surgery.
(d) Nothing in subsection (a)(4) shall be construed to prohibit a person licensed to practice medicine and surgery from ordering, authorizing or directing anesthesia care by a registered nurse anesthetist pursuant to K.S.A. 65-1158, and amendments thereto.
(e) Nothing in this section shall be construed to prohibit a person licensed to practice medicine and surgery from ordering, authorizing or directing physical therapy services pursuant to K.S.A. 65-2901 et seq., and amendments thereto.
(f) Nothing in this section shall be construed to prohibit a person licensed to practice medicine and surgery from entering into a co-management relationship with an optometrist pursuant to K.S.A. 65-1501 et seq., and amendments thereto.
(g) The board may adopt rules and regulations establishing limits and conditions on the delegation and supervision of services constituting the practice of medicine and surgery.
(h) As used in this section, "supervising physician" shall have the meaning ascribed thereto in K.S.A. 65-28a02, and amendments thereto.
(i) This section shall be part of and supplemental to the Kansas healing arts act.
History: L. 1998, ch. 170, § 1; L. 2000, ch. 162, § 20; L. 2004, ch. 117, § 6; L. 2009, ch. 133, § 2; L. 2014, ch. 131, § 40; L. 2015, ch. 46, § 8; July 1.
Structure Kansas Statutes
65-2803 Prerequisite to practice a profession regulated by the board; exceptions; penalties.
65-2804 Attainment of legal age required prior to receiving permanent license.
65-2806 Form and type of license.
65-2807 License presumptive evidence of right to practice.
65-2811 Issuance of temporary permits; postgraduate permits.
65-2812 State board of healing arts; membership; appointment.
65-2813 State board of healing arts; qualifications of members.
65-2814 Same; terms of members; vacancies.
65-2817 Same; removal from office by governor, when.
65-2819 Same; seal; rules; oath; meetings.
65-2823 Same; compensation and expenses of members.
65-2824 Application for examination, contests; fees; documents and affidavits.
65-2825 Accredited schools; list.
65-2826 Where and when examinations held.
65-2827 List of eligible applicants prior to examinations.
65-2828 Rules and regulations designating examinations and passing grade; reexamination.
65-2831 Issuance of license; record.
65-2832 Preservation of examination results; availability.
65-2833 Endorsement licenses; requirements; rules and regulations.
65-2835 Certificate of standing; application; fee.
65-2838a Non-disciplinary resolution; procedure.
65-2840c Review committees; establishment; composition; expenses.
65-2846 Costs of proceedings; assessment of costs incurred.
65-2847 Same; costs due state; uncollectible, paid by board.
65-2849 Hearing of cause in district court; precedence.
65-2850 Same; appeal bond of licensee.
65-2851a Administrative proceedings; procedure, review and civil enforcement.
65-2852 Fees; collection by board.
65-2855 Fees; disposition of; healing arts fee fund.
65-2857 Injunction and quo warranto for unlawful practice of the healing arts.
65-2858 Same; authority conferred by 65-2857 additional to authority to prosecute criminally.
65-2859 Filing false documents with board; forgery; penalty.
65-2860 False impersonation; fraud; penalty.
65-2861 False swearing; penalty.
65-2862 Penalties for violations of act; second conviction.
65-2863a Administrative fines.
65-2864 Enforcement of act; investigations; evidence.
65-2865 Rules and regulations; filing.
65-2867 Certain acts prohibited; exceptions; penalties.
65-2869 Persons deemed engaged in practice of medicine and surgery.
65-2870 Persons deemed engaged in practice of osteopathy.
65-2871 Persons deemed engaged in practice of chiropractic.
65-2872 Persons not engaged in the practice of the healing arts.
65-2872b Same; administration of epinephrine; limitation of liability.
65-2873a Board authorized to grant license in particular circumstances; exceptions; requirements.
65-2873b Resident active license; requirements.
65-2875 Accredited schools of osteopathic medicine defined.
65-2876 Accredited school or college of chiropractic, defined.
65-2880 Pending actions; vested rights saved.
65-2881 Current licenses continued; renewal.
65-2885 Use of title by licensee.
65-2886 Licensee to comply with public health laws and regulations.
65-2887 Assisting unlicensed persons to practice optometry not authorized; exceptions.
65-2890 Name of act; citation.
65-2890a Provisions of act applicable to any regulated profession.
65-2891 Emergency care by healthcare providers; liability; standards of care applicable.
65-2891b Emergency care by non-health care providers; liability, standards of care applicable.
65-2892 Examination and treatment of persons under 18 for venereal disease; liability.
65-2892a Examination and treatment of minors for drug abuse, misuse or addiction; liability.
65-2893 Autopsies; performance of; authorization.
65-2895 Institutional license; qualifications; rights and restrictions; term of license.
65-2898a Confidentiality of complaints and reports relating thereto; disclosure, when.
65-28,104 Same; revocation of declaration.
65-28,108 Same; construction and effect of act.
65-28,121 Reports by hospitals and others; administrative fines for failure to report.
65-28,123 Temporary education license; issuance; qualifications; conditions; fee.
65-28,126 Changes in licensee's mailing and practice addresses; notice to board; penalties.
65-28,129 State board of healing arts; fingerprinting and criminal history.
65-28,130 Same; graduated sanctions; reference guide.
65-28,131 Same; website; licensee information.