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Kansas House Bill HB2368

Kansas 2025-2026 Regular Session

Kansas House Bill HB2368 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2368
33 By Committee on Health and Human Services
44 Requested by Representative Buehler on behalf of the Kansas Association of
55 Anesthesiologist Assistants
66 2-7
77 AN ACT enacting the anesthesiologist assistant licensure act; providing
88 for the powers, duties and functions of the state board of healing arts
99 thereunder; amending K.S.A. 65-1163 and 65-28,127 and K.S.A. 2024
1010 Supp. 22-4714 and repealing the existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 New Section 1. Sections 1 through 12, and amendments thereto, shall
1313 be known and may be cited as the anesthesiologist assistant licensure act.
1414 New Sec. 2. As used in the anesthesiologist assistant licensure act:
1515 (a) "Anesthesiologist" means a physician who has completed a
1616 residency in anesthesiology approved by the American board of
1717 anesthesiology or the osteopathic board of anesthesiology.
1818 (b) "Anesthesiologist assistant" means a person who is licensed in
1919 accordance with the provisions of this act and who provides patient
2020 services under the direction and supervision of a supervising or designated
2121 anesthesiologist.
2222 (c) "Applicant" means a person who submits an original application
2323 for, or reinstatement of, any license, registration, permit or certificate.
2424 (d) "Board" means the state board of healing arts.
2525 (e) "Designated anesthesiologist" means an anesthesiologist
2626 designated by the supervising anesthesiologist to ensure direction and
2727 supervision of the anesthesiologist assistant.
2828 (f) "Direction and supervision" means the guidance, direction and
2929 coordination of the activities of an anesthesiologist assistant by such
3030 anesthesiologist assistant's supervising or designated anesthesiologist,
3131 whether written or verbal, whether immediate or by prior arrangement, in
3232 accordance with standards established by the board by rules and
3333 regulations, which standards shall be designed to ensure adequate direction
3434 and supervision by the supervising or designated anesthesiologist of the
3535 anesthesiologist assistant.
3636 (g) "License" means any license or temporary license granted under
3737 the anesthesiologist assistant licensure act.
3838 (h) "Licensee" means all persons issued a license or temporary
3939 license pursuant to the anesthesiologist assistant licensure act.
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7474 (i) "Physician" means any person licensed by the state board of
7575 healing arts to practice medicine and surgery.
7676 (j) "Supervising anesthesiologist" means an anesthesiologist who has
7777 accepted continuous and ultimate responsibility for the medical services
7878 rendered by and actions of the anesthesiologist assistant while performing
7979 under the direction and supervision of the designated anesthesiologist.
8080 New Sec. 3. (a) There is hereby created a designation of active
8181 license. The board shall issue an active license to an anesthesiologist
8282 assistant who makes written application for such license on a form
8383 provided by the board and remits the fee for an active license established
8484 pursuant to subsection (g). As a condition of engaging in active practice as
8585 an anesthesiologist assistant, each licensed anesthesiologist assistant shall
8686 file a request to engage in active practice signed by the anesthesiologist
8787 assistant and the supervising anesthesiologist who will be responsible for
8888 supervising the anesthesiologist assistant. The request shall contain such
8989 information as required by rules and regulations adopted by the board. The
9090 board shall maintain a list of the names of anesthesiologist assistants who
9191 may engage in active practice in this state.
9292 (b) All licenses, except temporary licenses, shall expire on the date of
9393 expiration established by rules and regulations of the board and may be
9494 renewed as required by the board. The request for renewal shall be on a
9595 form provided by the board and shall be accompanied by the renewal fee
9696 established pursuant to this section, that shall be paid not later than the
9797 expiration date of the license.
9898 (c) At least 30 days before the expiration of the license of an
9999 anesthesiologist assistant, except for a temporary license, the board shall
100100 notify the licensee of the expiration in writing, which may include
101101 electronic service. If the licensee fails to pay the renewal fee by the date of
102102 expiration of the license, the licensee shall be given a second notice that
103103 the licensee's license has expired and the license may be renewed only if
104104 the renewal fee and the late renewal fee are received by the board within
105105 the 30-day period following the date of expiration and that, if both fees are
106106 not received within the 30-day period, the license shall be deemed
107107 canceled by operation of law without further proceedings for failure to
108108 renew and shall be reissued only after the license has been reinstated
109109 pursuant to the provisions of subsection (d).
110110 (d) Any license canceled for failure to renew may be reinstated upon
111111 recommendation of the board and upon payment of the reinstatement fee
112112 and upon submission of evidence of satisfactory completion of any
113113 applicable continuing education requirements established by the board.
114114 The board shall adopt rules and regulations establishing appropriate
115115 continuing education requirements for reinstatement of licenses canceled
116116 for failure to renew.
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160160 (e) There is hereby created the designation of inactive license. The
161161 board shall issue an inactive license to any licensee who makes written
162162 application for such license on a form provided by the board and remits the
163163 fee for an inactive license established pursuant to subsection (f). The board
164164 may issue an inactive license only to a person who meets all the
165165 requirements for a license to practice as an anesthesiologist assistant but
166166 who does not engage in active practice as an anesthesiologist assistant in
167167 the state of Kansas. An inactive license shall not entitle the holder to
168168 engage in active practice. The provisions of subsections (c) and (d) relating
169169 to expiration, renewal and reinstatement of a license shall be applicable to
170170 an inactive license issued under this subsection. Each inactive licensee
171171 may apply to engage in active practice by presenting a request required by
172172 subsection (a). The request shall be accompanied by the fee established
173173 pursuant to subsection (g).
174174 (f) (1) There is hereby created a license by endorsement. The board
175175 shall issue a license by endorsement without examination to a person who
176176 has been in active practice as an anesthesiologist assistant in some other
177177 state, territory, the District of Columbia or other country upon certification
178178 of the proper licensing authority of that state, territory, the District of
179179 Columbia or other country certifying that the applicant is duly licensed,
180180 that the applicant's license has never been limited, suspended or revoked,
181181 that the licensee has never been censured or had other disciplinary action
182182 taken and that, so far as the records of such authority are concerned, the
183183 applicant is entitled to its endorsement. The applicant shall also present
184184 proof satisfactory to the board:
185185 (A) That the state, territory, the District of Columbia or country
186186 where the applicant last practiced has and maintains standards at least
187187 equal to those maintained by this state;
188188 (B) that the applicant's original licensure was based upon an
189189 examination at least equal in quality to the examination required in this
190190 state and that the passing grade required to obtain such original license
191191 was comparable to that required in this state;
192192 (C) the date of the applicant's original and all endorsed licenses and
193193 the date and place from which any license was attained;
194194 (D) that the applicant has been actively engaged in practice under
195195 such license or licenses since issuance. The board may adopt rules and
196196 regulations establishing appropriate qualitative and quantitative practice
197197 activities to qualify as active practice; and
198198 (E) that the applicant has a reasonable ability to communicate in
199199 English.
200200 (2) An applicant for a license by endorsement shall not be granted
201201 such license unless, as determined by the board, the applicant's
202202 qualifications are substantially equivalent to Kansas requirements. In lieu
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246246 of any other requirement prescribed by law for satisfactory passage of any
247247 examination for anesthesiologist assistants, the board may accept evidence
248248 demonstrating that the applicant or licensee has satisfactorily passed an
249249 equivalent examination given by a national board of examiners for
250250 physician assistants.
251251 (g) The following fees shall be fixed by rules and regulations adopted
252252 by the board and shall be collected by the board:
253253 (1) An application for any license as an anesthesiologist assistant, not
254254 more than $200;
255255 (2) an applicant for temporary licensure as an anesthesiologist
256256 assistant, not more than $30;
257257 (3) for the renewal of a license to practice as an anesthesiologist
258258 assistant, not more than $150;
259259 (4) for the renewal of an inactive license, not more than $75;
260260 (5) for the late renewal of any license as an anesthesiologist assistant,
261261 an additional fee shall be assessed, not more than $100;
262262 (6) for reinstatement of a license canceled for failure to renew, not
263263 more than $250;
264264 (7) for a certified statement from the board that an anesthesiologist
265265 assistant is licensed in this state, not more than $30;
266266 (8) for a copy of the licensure certificate of an anesthesiologist
267267 assistant, not more than $25; and
268268 (9) for conversion of an inactive license to a license to actively
269269 practice as an anesthesiologist assistant, not more than $150.
270270 (h) The board shall remit all moneys received from fees, charges or
271271 penalties to the state treasurer in accordance with the provisions of K.S.A.
272272 75-4215, and amendments thereto. Upon receipt of each such remittance,
273273 the state treasurer shall deposit the entire amount in the state treasury to
274274 the credit of the healing arts fee fund. All expenditures from such fund
275275 shall be made in accordance with appropriation acts upon warrants of the
276276 director of accounts and reports issued pursuant to vouchers approved by
277277 the president of the board or by a person designated by the president of the
278278 board.
279279 (i) The board shall adopt all necessary rules and regulations for
280280 carrying out the provisions of this act. The board may grant a temporary
281281 variance from an identified rule or regulation when a literal application or
282282 enforcement of the rule or regulation would result in serious hardship and
283283 the relief granted would not result in any unreasonable risk to the public
284284 interest, safety or welfare.
285285 New Sec. 4. (a) No person shall be licensed as an anesthesiologist
286286 assistant by the board unless such person has:
287287 (1) Presented to the board proof that the applicant has successfully
288288 completed a course of education and training approved by the board for
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332332 the education and training of an anesthesiologist assistant, or presented to
333333 the board proof that the applicant has acquired experience while serving in
334334 the armed forces of the United States, if such experience is equivalent to
335335 the minimum experience requirements established by the board;
336336 (2) passed an examination approved by the board covering topics
337337 incidental to the education and training of an anesthesiologist assistant;
338338 and
339339 (3) submitted to the board any other information that the board deems
340340 necessary through rules and regulations to evaluate the applicant's
341341 qualifications.
342342 (b) (1) As part of an original application for or reinstatement of any
343343 license, registration, permit or certificate or in connection with any
344344 investigation of any holder of a license, registration, permit or certificate,
345345 pursuant to K.S.A. 2024 Supp. 22-4714, and amendments thereto, the
346346 board may require an applicant or licensee to be fingerprinted and submit
347347 to a state and national criminal history record check.
348348 (2) The board may fix and collect a fee as may be required by the
349349 board in an amount necessary to reimburse the board for the cost of
350350 fingerprinting and the criminal history record check. Any moneys
351351 collected under this subsection shall be deposited in the state treasury and
352352 credited to the healing arts fee fund.
353353 (c) The board may refuse to license a person as an anesthesiologist
354354 assistant upon any of the grounds for which the board may revoke,
355355 suspend, limit, publicly censure or place under probationary or monitoring
356356 conditions such license.
357357 (d) The board shall require every licensed anesthesiologist assistant to
358358 submit with the renewal application evidence of satisfactory completion of
359359 a program of continuing education required by the board. The board, shall
360360 adopt rules and regulations, to establish the requirements for such program
361361 of continuing education as soon as possible after January 5, 2026. In
362362 establishing such requirements, the board shall consider any existing
363363 programs of continuing education currently being offered to
364364 anesthesiologist assistants.
365365 New Sec. 5. A licensee's license may be revoked, suspended or
366366 limited, or the licensee may be publicly censured, or placed under
367367 probationary or monitoring conditions, fined or an application for a license
368368 or for reinstatement of a license may be denied upon a finding that the
369369 licensee:
370370 (a) Committed an act of unprofessional conduct as defined by rules
371371 and regulations adopted by the board;
372372 (b) obtained a license by means of fraud, misrepresentation or
373373 concealment of material facts;
374374 (c) committed an act of professional incompetency as defined by
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418418 rules and regulations adopted by the board;
419419 (d) has been convicted of a felony or class A misdemeanor, or
420420 substantially similar offense in another jurisdiction, whether or not related
421421 to the practice of the healing arts. The licensee has been convicted in a
422422 special or general court-martial, whether or not related to the practice of
423423 the healing arts. The board shall revoke a licensee's license following
424424 conviction of a felony or substantially similar offense in another
425425 jurisdiction, or following conviction in a general court-martial, unless a
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428428 majority of the board members present and voting determine by clear and
429429 convincing evidence that such licensee will not pose a threat to the public
430430 in such person's capacity as a licensee and that such person has been
431431 sufficiently rehabilitated to warrant the public trust. In the case of a person
432432 who has been convicted of a felony or convicted in a general court-martial
433433 and who applies for an original license or to reinstate a canceled license,
434434 the application for a license shall be denied unless a
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437437 board members present and voting on such application determine by clear
438438 and convincing evidence that such person will not pose a threat to the
439439 public in such person's capacity as a licensee and that such person has been
440440 sufficiently rehabilitated to warrant the public trust;
441441 (e) violated any provision of this act;
442442 (f) violated any lawful order or rule and regulation of the board;
443443 (g) violated a federal law or regulation relating to controlled
444444 substances;
445445 (h) failed to report to the board any adverse action taken against the
446446 licensee by another state or licensing jurisdiction, a peer review body, a
447447 healthcare facility, a professional association or society, a governmental
448448 agency, by a law enforcement agency or a court for acts or conduct similar
449449 to acts or conduct that would constitute grounds for disciplinary action
450450 under this section;
451451 (i) surrendered a license or authorization to practice as an
452452 anesthesiologist assistant in another state or jurisdiction, surrendered the
453453 authority to utilize controlled substances issued by any state or federal
454454 agency, agreed to a limitation to or restriction of privileges at any medical
455455 care facility or surrendered the licensee's membership on any professional
456456 staff or in any professional association or society while under investigation
457457 for acts or conduct similar to acts or conduct that would constitute grounds
458458 for disciplinary action under this section;
459459 (j) failed to report to the board the surrender of the licensee's license
460460 or authorization to practice as an anesthesiologist assistant in another state
461461 or jurisdiction or the surrender of the licensee's membership on any
462462 professional staff or in any professional association or society while under
463463 investigation for acts or conduct similar to acts or conduct that would
464464 constitute grounds for disciplinary action under this section;
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508508 (k) has an adverse judgment, award or settlement against the licensee
509509 resulting from a medical liability claim related to acts or conduct similar to
510510 acts or conduct that would constitute grounds for disciplinary action under
511511 this section;
512512 (l) failed to report to the board any adverse judgment, settlement or
513513 award against the licensee resulting from a medical malpractice liability
514514 claim related to acts or conduct similar to acts or conduct that would
515515 constitute grounds for disciplinary action under this section;
516516 (m) no longer has the ability to practice with reasonable skill and
517517 safety by reason of physical or mental illness, or condition or use of
518518 alcohol, drugs or controlled substances. All information, reports, findings
519519 and other records relating to impairment shall be confidential and not
520520 subject to discovery by or release to any person or entity outside of a board
521521 proceeding;
522522 (n) exceeded or acted outside the scope of authority given the
523523 anesthesiologist assistant by the supervising anesthesiologist or by this act;
524524 (o) has assisted suicide in violation of K.S.A. 21-3406, prior to its
525525 repeal, or K.S.A. 2024 Supp. 21-5407, and amendments thereto, as
526526 established by any of the following:
527527 (1) A copy of the record of criminal conviction or plea of guilty for a
528528 felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2024
529529 Supp. 21-5407, and amendments thereto;
530530 (2) a copy of the record of a judgment of contempt of court for
531531 violating an injunction issued under K.S.A. 60-4404, and amendments
532532 thereto; or
533533 (3) a copy of the record of a judgment assessing damages under
534534 K.S.A. 60-4405, and amendments thereto.
535535 New Sec. 6. (a) It shall be unlawful for any person who is not
536536 licensed under this act or whose license has been revoked or suspended
537537 pursuant to this act to engage in practice as an anesthesiologist assistant.
538538 (b) No person shall use any title, abbreviation, letters, figures, sign,
539539 card or device to indicate that any person is a licensed anesthesiologist
540540 assistant, nor shall any person represent oneself to be a licensed
541541 anesthesiologist assistant, unless such person has been duly licensed as an
542542 anesthesiologist assistant in accordance with the provisions of this act.
543543 (c) The provisions of this act shall not be construed to include the
544544 following persons:
545545 (1) Persons rendering gratuitous services in the case of an emergency;
546546 (2) persons gratuitously administering ordinary household remedies;
547547 (3) individuals practicing religious beliefs that provide for reliance on
548548 spiritual means alone for healing;
549549 (4) students, while performing professional services in an approved
550550 anesthesiologist assistant education and training program;
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594594 (5) persons whose professional services are performed under the
595595 direct and personal supervision or by an order of a practitioner who is
596596 licensed under the healing arts act;
597597 (6) other healthcare providers who are licensed, registered, certified
598598 or otherwise credentialed by agencies of the state of Kansas; or
599599 (7) anesthesiologist assistants employed by the United States
600600 government or any bureau, division or agency thereof, while in the
601601 discharge of official duties.
602602 (d) Any person violating the provisions of this section shall be guilty
603603 of a class B misdemeanor.
604604 New Sec. 7. (a) The board shall provide for the temporary licensure
605605 of any anesthesiologist assistant who has made proper application for
606606 licensure, has the required qualifications for licensure, except for
607607 examination and has paid the prescribed license fee. Such temporary
608608 license shall authorize the person so licensed to provide patient services
609609 within the limits of the temporary license.
610610 (b) A temporary license shall be valid:
611611 (1) For one year from the date of issuance; or
612612 (2) until the board makes a final determination on the applicant's
613613 request for licensure.
614614 The board may extend a temporary license, upon a majority vote of the
615615 members of the board, for a period not to exceed one year.
616616 New Sec. 8. (a) The practice of an anesthesiologist assistant shall
617617 include assisting the supervising or designated anesthesiologist in
618618 implementing an anesthesia care plan for a patient. In assisting the
619619 supervising or designated anesthesiologist, an anesthesiologist assistant
620620 shall have the authority to:
621621 (1) Obtain a comprehensive patient history, perform relevant
622622 elements of a physical exam and present the history to the supervising
623623 anesthesiologist;
624624 (2) pretest and calibrate anesthesia delivery systems and obtain and
625625 interpret information from the systems and monitors, in consultation with
626626 an anesthesiologist;   
627627 (3) assist the supervising anesthesiologist with the implementation of
628628 medically accepted monitoring techniques;
629629 (4) establish basic and advanced airway interventions, including
630630 intubation of the trachea and performing ventilator support;
631631 (5) administer intermittent vasoactive drugs and start and adjust
632632 vasoactive infusions;
633633 (6) administer anesthetic drugs, adjuvant drugs and accessory drugs;
634634 (7) perform epidural anesthetic procedures, spinal anesthetic
635635 procedures and other regional anesthetic techniques in coordination with
636636 the supervising anesthesiologist;
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680680 (8) administer blood, blood products and supportive fluids;
681681 (9) provide assistance to the cardiopulmonary resuscitation team in
682682 response to a life-threatening situation;
683683 (10) participate in administrative, research and clinical teaching
684684 activities as authorized by the supervising anesthesiologist; and
685685 (11) perform such other tasks as not prohibited by law under the
686686 supervision of a licensed anesthesiologist that an anesthesiologist assistant
687687 has been trained in and is proficient to perform.
688688 (b) An anesthesiologist shall at all times accept and be responsible for
689689 the oversight of the healthcare services rendered by the anesthesiologist
690690 assistant.
691691 (c) An anesthesiologist assistant shall practice only under the
692692 supervision of an anesthesiologist who is physically present or
693693 immediately available in the same physical facility where the
694694 anesthesiologist assistant performs delegated medical acts and the
695695 supervising anesthesiologist is available to provide direct supervision. A
696696 supervising anesthesiologist or designated anesthesiologist shall be
697697 allowed to supervise up to four anesthesiologist assistants at any one time.
698698 (d) Anesthesiologist assistants shall not have the authority to:
699699 (1) Prescribe medications or controlled substances;
700700 (2) administer any drugs, medicines, devices or therapies that the
701701 supervising anesthesiologist is not qualified or authorized to prescribe; or
702702 (3) practice or attempt to practice without the supervision of a
703703 licensed anesthesiologist or in any location where the supervising
704704 anesthesiologist is not immediately available for consultation, assistance
705705 and intervention.
706706 New Sec. 9. (a) If a supervising anesthesiologist temporarily leaves
707707 such anesthesiologist's customary location of practice, the supervising
708708 anesthesiologist shall, by prior arrangement, name a designated
709709 anesthesiologist who shall provide direction and supervision to the
710710 anesthesiologist assistant of such supervising anesthesiologist.
711711 (b) An anesthesiologist assistant shall not perform professional
712712 services unless the name, address and signature of each supervising
713713 anesthesiologist and the form required under section 3, and amendments
714714 thereto, of this act have been provided to the board. A supervising
715715 anesthesiologist shall notify the board when supervision and direction of
716716 the anesthesiologist assistant has terminated. The board shall provide
717717 forms for identifying each supervising anesthesiologist and for giving
718718 notice that direction and supervision has terminated. These forms may
719719 direct that additional information be provided, including a copy of any
720720 written agreements, as required by rules and regulations adopted by the
721721 board.
722722 New Sec. 10. The board shall limit the number of anesthesiologist
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766766 assistants a supervising anesthesiologist may supervise at any one time to
767767 four anesthesiologist assistants. An anesthesiologist, group of
768768 anesthesiologists or medical care facility, as defined in K.S.A. 65- 425,
769769 and amendments thereto, may employ more than four anesthesiologist
770770 assistants, but an anesthesiologist may not provide direction and
771771 supervision to more than four anesthesiologist assistants at any time.
772772 New Sec. 11. (a) (1) There is hereby established an anesthesiologist
773773 assistant council to advise the board in carrying out the provisions of the
774774 anesthesiologist assistant licensure act. The council shall consist of five
775775 members, all citizens and residents of the state of Kansas, appointed as
776776 follows: One member shall be an anesthesiologist appointed by the board
777777 who is a supervising anesthesiologist for an anesthesiologist assistant; one
778778 member shall be president of the board or a person designated by the
779779 president; and three members shall be licensed anesthesiologist assistants
780780 appointed by the governor.
781781 (2) The governor, insofar as possible, shall appoint persons from
782782 different geographical areas and persons who represent various types of
783783 practice settings. If a vacancy occurs on the council, the appointing
784784 authority of the position that has become vacant shall appoint a person of
785785 like qualifications to fill the vacant position for the unexpired term, if any.
786786 The Kansas academy of anesthesiologist assistants shall recommend the
787787 names of licensed anesthesiologist assistants to the governor in a number
788788 equal to at least twice the positions or vacancies to be filled, and the
789789 governor may appoint members to fill the positions or vacancies from the
790790 submitted list.
791791 (3) Members of the council appointed by the governor on and after
792792 January 5, 2026, shall be appointed for terms of three years and until their
793793 successors are appointed and qualified, except that of the members first
794794 appointed by the governor on or after January 5, 2026, one shall be
795795 appointed for a term of one year, one shall be appointed for a term of two
796796 years and one shall be appointed for a term of three years, as designated by
797797 the governor. The member appointed by the state board of healing arts
798798 shall serve at the pleasure of the board. If the president of the board
799799 designates a member to serve on the council in the president's stead, that
800800 member shall serve at the pleasure of the president.
801801 (b) Members of the anesthesiologist assistant council attending
802802 meetings of the council or attending a subcommittee meeting thereof
803803 authorized by the council shall be paid amounts provided in K.S.A. 75-
804804 3223(e), and amendments thereto, from the healing arts fee fund.
805805 New Sec. 12. (a) All administrative proceedings to revoke, suspend,
806806 limit or deny a license or to censure a licensee, shall be conducted in
807807 accordance with K.S.A 65-2838 and 65-2838a, and amendments thereto,
808808 and the provisions of the Kansas administrative procedure act.
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852852 (b) When it appears to the board that any person is violating any of
853853 the provisions of this act, the board may bring an action in the name of the
854854 state of Kansas in a court of competent jurisdiction for an injunction
855855 against such violation without regard to whether proceedings have been or
856856 may be instituted before the board or whether criminal proceedings have
857857 been or may be instituted.
858858 Sec. 13. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
859859 follows: 22-4714. (a) A governmental agency other than a criminal justice
860860 agency as defined in K.S.A. 22-4701, and amendments thereto, identified
861861 in subsection (b) may require a person to be fingerprinted and shall submit
862862 such fingerprints to the Kansas bureau of investigation and the federal
863863 bureau of investigation for a search of the state and federal database.
864864 Fingerprints provided pursuant to this section may be used to identify a
865865 person and to determine whether such person has a record of criminal
866866 history in this state or in another jurisdiction. An agency identified in
867867 subsection (b) may use the information obtained from the criminal history
868868 record check for the purposes of verifying the identification of a person
869869 and in the official determination of the qualifications and fitness of such
870870 person to be issued or maintain employment, licensure, registration,
871871 certification or a permit, act as an agent of a licensee, hold ownership of a
872872 licensee or serve as a director or officer of a licensee.
873873 (b) (1) The Kansas bureau of investigation shall release criminal
874874 history record information related to adult convictions, adult non-
875875 convictions, adult diversions, adult expunged records, juvenile
876876 adjudications, juvenile non-adjudications, juvenile diversions and juvenile
877877 expunged records to the Kansas department for children and families or
878878 the Kansas department for aging and disability services for initial or
879879 continuing employment or participation in any program administered for
880880 the placement, safety, protection or treatment of vulnerable children or
881881 adults as described in K.S.A. 75-53,105, and amendments thereto.
882882 (2) The Kansas bureau of investigation shall release criminal history
883883 record information related to adult convictions, adult non-convictions,
884884 adult diversions, adult expunged records and juvenile expunged records to:
885885 (A) The state lottery for candidates for employees as defined in
886886 K.S.A. 74-8702, and amendments thereto, in connection with such
887887 employment as described in K.S.A. 74-8704, and amendments thereto; and
888888 (B) the Kansas racing and gaming commission for candidates for
889889 employees or licensees as defined in K.S.A. 74-8802, and amendments
890890 thereto, in connection with such employment or license as described in
891891 K.S.A. 74-8804, and amendments thereto, including an applicant for a
892892 simulcasting license.
893893 (3) The Kansas bureau of investigation shall release criminal history
894894 record information related to adult convictions, adult non-convictions,
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938938 adult diversions, adult expunged records, juvenile adjudications, juvenile
939939 non-adjudications and juvenile diversions to:
940940 (A) The emergency medical services board for applicants as defined
941941 in K.S.A. 65-6129, and amendments thereto, in connection with such
942942 application as described in K.S.A. 65-6129, and amendments thereto;
943943 (B) the attorney general for applicants as defined in K.S.A 75-7c01,
944944 and amendments thereto, in connection with such application as described
945945 in K.S.A. 75-7c05, and amendments thereto; and
946946 (C) the department of administration for candidates for sensitive
947947 employees as defined in K.S.A. 75-3707e, and amendments thereto, in
948948 connection with such employment as described in K.S.A. 75-3707e, and
949949 amendments thereto.
950950 (4) The Kansas bureau of investigation shall release criminal history
951951 record information related to adult convictions, adult non-convictions,
952952 adult diversions and adult expunged records to:
953953 (A) The supreme court and state board of law examiners for
954954 applicants as defined in K.S.A. 7-127, and amendments thereto, in
955955 connection with such application as described in K.S.A. 7-127, and
956956 amendments thereto;
957957 (B) the state gaming agency for candidates for employees and
958958 licensees as defined in K.S.A. 74-9802, and amendments thereto, in
959959 connection with such employment or license as described in K.S.A. 74-
960960 9805, and amendments thereto;
961961 (C) the attorney general for applicants as defined in K.S.A. 75-7b01,
962962 and amendments thereto, in connection with such application as described
963963 in K.S.A. 75-7b04, and amendments thereto;
964964 (D) the attorney general for applicants as defined in K.S.A. 75-7b01,
965965 and amendments thereto, in connection with such application for
966966 certification as described in K.S.A. 75-7b21, and amendments thereto; and
967967 (E) the commission on peace officers' standards and training for
968968 applicants for certification under the Kansas law enforcement training act
969969 as described in K.S.A. 74-5607, and amendments thereto.
970970 (5) The Kansas bureau of investigation shall release criminal history
971971 record information related to adult convictions, adult non-convictions,
972972 adult diversions and juvenile adjudications to:
973973 (A) The athletic commission within the Kansas department of
974974 commerce for a candidate for boxing commission as defined in K.S.A. 74-
975975 50,182, and amendments thereto, in connection with such appointment as
976976 described in K.S.A. 74-50,184, and amendments thereto; and
977977 (B) the secretary of health and environment for employees at a child
978978 care facility as defined in K.S.A. 65-503, and amendments thereto, in
979979 connection with such employment as described in K.S.A. 65-516, and
980980 amendments thereto.
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10241024 (6) The Kansas bureau of investigation shall release criminal history
10251025 record information related to adult convictions and juvenile adjudications
10261026 to:
10271027 (A) The secretary for aging and disability services for applicants as
10281028 defined in K.S.A. 39-970, and amendments thereto, in connection with
10291029 such application as described in K.S.A. 39-970, and amendments thereto;
10301030 (B) the Kansas department for aging and disability services for
10311031 applicants as defined in K.S.A. 39-2009, and amendments thereto, in
10321032 connection with such application as described in K.S.A. 39-2009, and
10331033 amendments thereto; and
10341034 (C) the secretary for aging and disability services for applicants as
10351035 defined in K.S.A. 65-5117, and amendments thereto, in connection with
10361036 such application as described in K.S.A. 65-5117, and amendments thereto.
10371037 (7) The Kansas bureau of investigation shall release criminal history
10381038 record information related to adult convictions and adult non-convictions
10391039 to:
10401040 (A) The division of motor vehicles within the department of revenue
10411041 for applicants for reinstatement of a license to drive a commercial motor
10421042 vehicle as described in K.S.A. 8-2,142, and amendments thereto;
10431043 (B) the board of examiners in optometry for applicants or licensees as
10441044 defined in K.S.A. 65-1501, and amendments thereto, in connection with
10451045 such application or an investigation as described in K.S.A. 65-1505, and
10461046 amendments thereto;
10471047 (C) the board of pharmacy for fingerprint candidates as defined in
10481048 K.S.A. 65-1626, and amendments thereto, in connection with such
10491049 application or license as described in K.S.A. 65-1696, and amendments
10501050 thereto;
10511051 (D) the state board of healing arts for applicants or licensees as
10521052 defined in K.S.A. 65-2802, and amendments thereto, in connection with
10531053 such application or an investigation as described in K.S.A. 65-28,129, and
10541054 amendments thereto;
10551055 (E) the state board of healing arts for applicants or licensees as
10561056 defined in K.S.A. 65-2901, and amendments thereto, in connection with
10571057 such application or an investigation as described in K.S.A. 65-2924, and
10581058 amendments thereto;
10591059 (F) the board of nursing for applicants as defined in K.S.A. 74-1112,
10601060 and amendments thereto, in connection with such application as described
10611061 in K.S.A. 74-1112, and amendments thereto;
10621062 (G) the behavioral sciences regulatory board for licensees as defined
10631063 in K.S.A. 74-7511, and amendments thereto, in connection with such
10641064 application or license as described in K.S.A. 74-7511, and amendments
10651065 thereto;
10661066 (H) the state lottery for a vendor to whom a major procurement
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11101110 contract is to be awarded in connection with an investigation as described
11111111 in K.S.A. 74-8705, and amendments thereto;
11121112 (I) the attorney general for appointees of the governor to positions
11131113 subject to confirmation by the senate and judicial appointees as described
11141114 in K.S.A. 75-712, and amendments thereto;
11151115 (J) appointing authorities as defined in K.S.A. 75-4315d, and
11161116 amendments thereto, for nongubernatorial appointees as described in
11171117 K.S.A. 75-4315d, and amendments thereto;
11181118 (K) the Kansas real estate commission for applicants as defined in
11191119 K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
11201120 K.S.A. 58-3035, and amendments thereto, in connection with an
11211121 investigation as described in K.S.A. 58-3039, and amendments thereto;
11221122 (L) the insurance commissioner for applicants for licensure as an
11231123 insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
11241124 connection with such application as described in K.S.A. 40-4905, and
11251125 amendments thereto; and
11261126 (M) the insurance commissioner for applicants as defined in K.S.A.
11271127 40-5501, and amendments thereto, in connection with such application as
11281128 described in K.S.A. 40-5505, and amendments thereto.
11291129 (O) the state board of healing arts for applicants or licensees as
11301130 defined in section 2, and amendments thereto, in connection with such
11311131 application or an investigation as described in section 3, and amendments
11321132 thereto;
11331133 (8) The Kansas bureau of investigation shall release criminal history
11341134 record information related to adult convictions to:
11351135 (A) The department of agriculture for hemp employees as defined in
11361136 K.S.A. 2-3901, and amendments thereto, in connection with such
11371137 employment as described in K.S.A. 2-3902, and amendments thereto;
11381138 (B) the department of agriculture for applicants for licensure as a
11391139 hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
11401140 connection with such application as described in K.S.A. 2-3906, and
11411141 amendments thereto;
11421142 (C) the office of state fire marshal for applicants for registration as a
11431143 hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
11441144 connection with such application as described in K.S.A. 2-3907, and
11451145 amendments thereto;
11461146 (D) the department of agriculture for hemp destruction employees as
11471147 defined in K.S.A. 2-3901, and amendments thereto, in connection with
11481148 such employment as described in K.S.A. 2-3911, and amendments thereto;
11491149 (E) the bank commissioner for any applicant as defined in K.S.A. 9-
11501150 508, and amendments thereto, in connection with such application as
11511151 described in K.S.A. 9-509, and amendments thereto;
11521152 (F) the bank commissioner for an applicant for employment as a new
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11961196 executive officer or director with a money transmitter company as
11971197 described in K.S.A. 9-513e, and amendments thereto;
11981198 (G) the bank commissioner for any applicant as defined in K.S.A. 9-
11991199 1719, and amendments thereto, in connection with such application as
12001200 described in K.S.A. 9-1722, and amendments thereto;
12011201 (H) the bank commissioner for an applicant, registrant or licensee as
12021202 defined in K.S.A. 9-2201, and amendments thereto, in connection with
12031203 such application, registration or license as described in K.S.A. 9-2209, and
12041204 amendments thereto;
12051205 (I) the state banking board for any officer, director or organizer of a
12061206 proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
12071207 amendments thereto, in connection with such role as described in K.S.A.
12081208 9-2302, and amendments thereto;
12091209 (J) municipalities for applicants for merchant or security police as
12101210 described in K.S.A. 12-1679, and amendments thereto;
12111211 (K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
12121212 104, and amendments thereto, in connection with such application as
12131213 described in K.S.A. 16a-6-104, and amendments thereto;
12141214 (L) the state department of credit unions for every candidate as
12151215 defined in K.S.A. 17-2234, and amendments thereto, in connection with
12161216 such employment as described in K.S.A. 17-2234, and amendments
12171217 thereto;
12181218 (M) the division of alcoholic beverage control within the department
12191219 of revenue for applicants as defined in K.S.A. 41-102, and amendments
12201220 thereto, in connection with such application as described in K.S.A. 41-
12211221 311b, and amendments thereto;
12221222 (N) the division of post audit for employees as defined in K.S.A. 46-
12231223 1103, and amendments thereto, in connection with such employment as
12241224 described in K.S.A. 46-1103, and amendments thereto;
12251225 (O) the bank commissioner for licensees as defined in K.S.A. 50-
12261226 1126, and amendments thereto, in connection with such license as
12271227 described in K.S.A. 50-1128, and amendments thereto;
12281228 (P) the real estate appraisal board for licensees as defined in K.S.A.
12291229 58-4102, and amendments thereto, in connection with an application or
12301230 investigation as described in K.S.A. 58-4127, and amendments thereto;
12311231 (Q) the real estate appraisal board for applicants as defined in K.S.A.
12321232 58-4703, and amendments thereto, in connection with such application as
12331233 described in K.S.A. 58-4709, and amendments thereto;
12341234 (R) the department of health and environment for an employee as
12351235 defined in K.S.A. 65-2401, and amendments thereto, in connection with
12361236 such employment as described in K.S.A. 65-2402, and amendments
12371237 thereto;
12381238 (S) the Kansas commission on veterans affairs office for candidates
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12821282 as defined in K.S.A. 73-1210a, and amendments thereto, in connection
12831283 with an application as described in K.S.A. 73-1210a, and amendments
12841284 thereto;
12851285 (T) a senate standing committee for a member named, appointed or
12861286 elected to the public employee retirement systems board of trustee
12871287 membership as described in K.S.A. 74-4905, and amendments thereto;
12881288 (U) the attorney general for applicants as defined in K.S.A. 75-7e01,
12891289 and amendments thereto, in connection with such application as described
12901290 in K.S.A. 75-7e03, and amendments thereto;
12911291 (V) the department of revenue for employees as defined in K.S.A. 75-
12921292 5133c, and amendments thereto, in connection with such employment as
12931293 described in K.S.A. 75-5133c, and amendments thereto;
12941294 (W) the divison of motor vehicles within the department of revenue
12951295 for employees as defined in K.S.A. 75-5156, and amendments thereto, in
12961296 connection with such employment as described in K.S.A. 75-5156, and
12971297 amendments thereto;
12981298 (X) the Kansas commission for the deaf and hard of hearing for
12991299 applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
13001300 connection with such application as described in K.S.A. 75-5393a, and
13011301 amendments thereto;
13021302 (Y) the Kansas commission for the deaf and hard of hearing for
13031303 employees as defined in K.S.A. 75-5397f, and amendments thereto, in
13041304 connection with such employment as described in K.S.A. 75-5393c, and
13051305 amendments thereto;
13061306 (Z) the department of health and environment for employees as
13071307 defined in K.S.A. 75-5609a, and amendments thereto, in connection with
13081308 such employment as described in K.S.A. 75-5609a, and amendments
13091309 thereto; and
13101310 (AA) an executive branch agency head for employees as defined in
13111311 K.S.A. 75-7241, and amendments thereto, in connection with such
13121312 employment as described in K.S.A. 75-7241, and amendments thereto.
13131313 (c) State and local law enforcement agencies shall assist with taking
13141314 fingerprints of individuals as authorized by this section.
13151315 (d) Any board, commission, committee or other public body shall
13161316 recess into a closed executive session pursuant to K.S.A. 75-4319, and
13171317 amendments thereto, to receive and discuss criminal history record
13181318 information obtained pursuant to this section.
13191319 (e) The Kansas bureau of investigation may charge a reasonable fee
13201320 for conducting a criminal history record check.
13211321 (f) (1) Fingerprints and criminal history record information received
13221322 pursuant to this section shall be confidential and shall not be subject to the
13231323 provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
13241324 amendments thereto. The provisions of this paragraph shall expire on July
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13681368 1, 2029, unless the legislature reviews and reenacts this provision pursuant
13691369 to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029. 
13701370 (2) Disclosure or use of any information received pursuant to this
13711371 section for any purpose other than the purpose described in this section
13721372 shall be a class A nonperson misdemeanor and shall constitute grounds for
13731373 removal from office.
13741374 Sec. 14. K.S.A. 65-1163 is hereby amended to read as follows: 65-
13751375 1163. Nothing in this act shall:
13761376 (a) Prohibit administration of a drug by a duly licensed professional
13771377 nurse, licensed practical nurse or other duly authorized person for the
13781378 alleviation of pain, including administration of local anesthetics;
13791379 (b) apply to the practice of anesthesia by a person licensed to practice
13801380 medicine and surgery, a licensed dentist or a licensed podiatrist;
13811381 (c) prohibit the practice of nurse anesthesia by students enrolled in
13821382 approved courses of study in the administration of anesthesia or analgesic
13831383 as a part of such course of study;
13841384 (d) apply to the administration of a pudendal block by a person who
13851385 holds a valid license as an advanced practice registered nurse in the role of
13861386 nurse-midwife;
13871387 (e) apply to the administration by a licensed professional nurse of an
13881388 anesthetic, other than general anesthesia, for a dental operation under the
13891389 direct supervision of a licensed dentist or for a dental operation under the
13901390 direct supervision of a person licensed to practice medicine and surgery;
13911391 (f) prohibit the practice by any registered nurse anesthetist who is
13921392 employed by the United States government or in any bureau, division or
13931393 agency thereof, while in the discharge of official duties; or
13941394 (g) prohibit a registered professional nurse from administering
13951395 general anesthetic agents to a patient on ventilator maintenance in critical
13961396 care units when under the direction of a person licensed to practice
13971397 medicine and surgery or a person licensed to practice dentistry; or
13981398 (h) prohibit the practice of anesthesia by anesthesiologist assistant
13991399 students enrolled in approved courses of study in the administration of
14001400 anesthesia or analgesic as a part of such course of study.
14011401 Sec. 15. K.S.A. 65-28,127 is hereby amended to read as follows: 65-
14021402 28,127. (a) Every supervising or responsible licensee who directs,
14031403 supervises, orders, refers, accepts responsibility for, enters into written
14041404 agreements or practice protocols with, or who delegates acts which that
14051405 constitute the practice of the healing arts to other persons shall:
14061406 (1) Be actively engaged in the practice of the healing arts in Kansas;
14071407 (2) review and keep current any required written agreements or
14081408 practice protocols between the supervising or responsible licensee and
14091409 such persons, as may be determined by the board, including the
14101410 responsibility to notify the board when terminating the direction and
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14541454 supervision request of a written agreement or practice protocol;
14551455 (3) direct, supervise, order, refer, enter into a written agreement or
14561456 practice protocol with, or delegate to such persons only those acts and
14571457 functions which that the supervising or responsible licensee knows or has
14581458 reason to believe can be competently performed by such person and is not
14591459 in violation of any other statute or regulation;
14601460 (4) direct, supervise, order, refer, enter into a written agreement or
14611461 practice protocol with, or delegate to other persons only those acts and
14621462 functions which that are within the normal and customary specialty,
14631463 competence and lawful practice of the supervising or responsible licensee;
14641464 (5) provide for a qualified, substitute licensee who accepts
14651465 responsibility for the direction, supervision, delegation and written
14661466 agreements or practice protocols with such persons when the supervising
14671467 or responsible licensee is temporarily absent; and
14681468 (6) comply with all rules and regulations of the board establishing
14691469 limits and conditions on the delegation and supervision of services
14701470 constituting the practice of medicine and surgery.
14711471 (b) "Responsible licensee" means a person licensed by the state board
14721472 of healing arts to practice medicine and surgery or chiropractic who has
14731473 accepted responsibility for the actions of persons who perform acts
14741474 pursuant to written agreements or practice protocols with, or at the order
14751475 of, or referral, direction, supervision or delegation from such responsible
14761476 licensee.
14771477 (c) Except as otherwise provided by rules and regulations of the
14781478 board implementing this section, the physician assistant licensure act shall
14791479 govern the direction and supervision of physician assistants by persons
14801480 licensed by the state board of healing arts to practice medicine and surgery.
14811481 (d) Nothing in subsection (a)(4) shall be construed to prohibit a
14821482 person licensed to practice medicine and surgery from ordering,
14831483 authorizing or directing anesthesia care by a registered nurse anesthetist
14841484 pursuant to K.S.A. 65-1158, and amendments thereto.
14851485 (e) Nothing in this section shall be construed to prohibit a person
14861486 licensed to practice medicine and surgery from ordering, authorizing or
14871487 directing physical therapy services pursuant to K.S.A. 65-2901 et seq., and
14881488 amendments thereto.
14891489 (f) Nothing in this section shall be construed to prohibit a person
14901490 licensed to practice medicine and surgery from entering into a co-
14911491 management relationship with an optometrist pursuant to K.S.A. 65-1501
14921492 et seq., and amendments thereto.
14931493 (g) The board may adopt rules and regulations establishing limits and
14941494 conditions on the delegation and supervision of services constituting the
14951495 practice of medicine and surgery.
14961496 (h) As used in this section, "supervising physician" shall have the
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15401540 meaning ascribed thereto in K.S.A. 65-28a02, and amendments thereto.
15411541 (i) This section shall be a part of and supplemental to the Kansas
15421542 healing arts act.
15431543 Sec. 16. K.S.A. 65-1163 and 65-28,127 and K.S.A. 2024 Supp. 22-
15441544 4714 are hereby repealed.
15451545 Sec. 17. This act shall take effect and be in force from and after its
15461546 publication in the statute book.
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