65-28,135. Telemedicine; out-of-state physician practice; requirements and limitations; waiver application and fee; other healthcare professionals. (a) Notwithstanding any other provision of law, a physician holding a license issued by the applicable licensing agency of another state or who otherwise meets the requirements of this section may practice telemedicine to treat patients located in the state of Kansas, if such physician receives a telemedicine waiver issued by the state board of healing arts. The state board of healing arts shall issue such a waiver within 15 days from receipt of a complete application, if the physician:
(1) Submits a complete application that may include evidence in the form of an affidavit from an authorized third party that the applicant meets the requirements of this section in a manner determined by the state board of healing arts and pays a fee not to exceed $100; and
(2) holds an unrestricted license to practice medicine and surgery in another state or meets the qualifications required under Kansas law for a license to practice medicine and surgery and is not the subject of any investigation or disciplinary action by the applicable licensing agency.
(b) A physician practicing telemedicine in accordance with this subsection shall conduct an appropriate assessment and evaluation of the patient's current condition and document the appropriate medical indication for any prescription issued.
(c) Nothing in this section shall supersede or otherwise affect the provisions of K.S.A. 65-4a10, and amendments thereto, or K.S.A. 40-2,210 et seq., and amendments thereto.
(d) Any person who receives a telemedicine waiver under the provisions of this section shall be subject to all rules and regulations pertaining to the practice of the licensed profession in this state and shall be considered a licensee for the purposes of the professional practice acts administered by the state board of healing arts.
(e) A waiver issued under this section shall expire on the date of expiration established by the state board of healing arts unless renewed in the manner established by the state board of healing arts, including payment of an annual renewal fee not to exceed $100 and evidence that the applicant continues to meet the qualifications described in this section.
(f) Notwithstanding any other provision of law to the contrary, a physician holding a license issued by the applicable licensing agency of another state may provide, without limitation, consultation through remote technology to a physician licensed in the state of Kansas.
(g) An applicable healthcare licensing agency of this state may adopt procedures consistent with this section to allow other healthcare professionals licensed and regulated by such licensing agency to practice telemedicine within the scope of practice defined by Kansas law for such healthcare profession as deemed by such licensing agency to be consistent with ensuring patient safety.
(h) Nothing in this section shall be construed to prohibit a licensing agency from denying an application for a waiver under this section if the licensing body determines that granting the application may endanger the health and safety of the public.
(i) As used in this subsection, "telemedicine" means the delivery of healthcare services by a healthcare provider while the patient is at a different physical location.
History: L. 2021, ch. 88, ยง 10; May 6.
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.