Session of 2025
HOUSE BILL No. 2368
By Committee on Health and Human Services
Requested by Representative Buehler on behalf of the Kansas Association of
Anesthesiologist Assistants
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AN ACT enacting the anesthesiologist assistant licensure act; providing
for the powers, duties and functions of the state board of healing arts
thereunder; amending K.S.A. 65-1163 and 65-28,127 and K.S.A. 2024
Supp. 22-4714 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. Sections 1 through 12, and amendments thereto, shall
be known and may be cited as the anesthesiologist assistant licensure act.
New Sec. 2. As used in the anesthesiologist assistant licensure act:
(a) "Anesthesiologist" means a physician who has completed a
residency in anesthesiology approved by the American board of
anesthesiology or the osteopathic board of anesthesiology.
(b) "Anesthesiologist assistant" means a person who is licensed in
accordance with the provisions of this act and who provides patient
services under the direction and supervision of a supervising or designated
anesthesiologist.
(c) "Applicant" means a person who submits an original application
for, or reinstatement of, any license, registration, permit or certificate.
(d) "Board" means the state board of healing arts.
(e) "Designated anesthesiologist" means an anesthesiologist
designated by the supervising anesthesiologist to ensure direction and
supervision of the anesthesiologist assistant.
(f) "Direction and supervision" means the guidance, direction and
coordination of the activities of an anesthesiologist assistant by such
anesthesiologist assistant's supervising or designated anesthesiologist,
whether written or verbal, whether immediate or by prior arrangement, in
accordance with standards established by the board by rules and
regulations, which standards shall be designed to ensure adequate direction
and supervision by the supervising or designated anesthesiologist of the
anesthesiologist assistant.
(g) "License" means any license or temporary license granted under
the anesthesiologist assistant licensure act.
(h) "Licensee" means all persons issued a license or temporary
license pursuant to the anesthesiologist assistant licensure act.
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(i) "Physician" means any person licensed by the state board of
healing arts to practice medicine and surgery.
(j) "Supervising anesthesiologist" means an anesthesiologist who has
accepted continuous and ultimate responsibility for the medical services
rendered by and actions of the anesthesiologist assistant while performing
under the direction and supervision of the designated anesthesiologist.
New Sec. 3. (a) There is hereby created a designation of active
license. The board shall issue an active license to an anesthesiologist
assistant who makes written application for such license on a form
provided by the board and remits the fee for an active license established
pursuant to subsection (g). As a condition of engaging in active practice as
an anesthesiologist assistant, each licensed anesthesiologist assistant shall
file a request to engage in active practice signed by the anesthesiologist
assistant and the supervising anesthesiologist who will be responsible for
supervising the anesthesiologist assistant. The request shall contain such
information as required by rules and regulations adopted by the board. The
board shall maintain a list of the names of anesthesiologist assistants who
may engage in active practice in this state.
(b) All licenses, except temporary licenses, shall expire on the date of
expiration established by rules and regulations of the board and may be
renewed as required by the board. The request for renewal shall be on a
form provided by the board and shall be accompanied by the renewal fee
established pursuant to this section, that shall be paid not later than the
expiration date of the license.
(c) At least 30 days before the expiration of the license of an
anesthesiologist assistant, except for a temporary license, the board shall
notify the licensee of the expiration in writing, which may include
electronic service. If the licensee fails to pay the renewal fee by the date of
expiration of the license, the licensee shall be given a second notice that
the licensee's license has expired and the license may be renewed only if
the renewal fee and the late renewal fee are received by the board within
the 30-day period following the date of expiration and that, if both fees are
not received within the 30-day period, the license shall be deemed
canceled by operation of law without further proceedings for failure to
renew and shall be reissued only after the license has been reinstated
pursuant to the provisions of subsection (d).
(d) Any license canceled for failure to renew may be reinstated upon
recommendation of the board and upon payment of the reinstatement fee
and upon submission of evidence of satisfactory completion of any
applicable continuing education requirements established by the board.
The board shall adopt rules and regulations establishing appropriate
continuing education requirements for reinstatement of licenses canceled
for failure to renew.
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(e) There is hereby created the designation of inactive license. The
board shall issue an inactive license to any licensee who makes written
application for such license on a form provided by the board and remits the
fee for an inactive license established pursuant to subsection (f). The board
may issue an inactive license only to a person who meets all the
requirements for a license to practice as an anesthesiologist assistant but
who does not engage in active practice as an anesthesiologist assistant in
the state of Kansas. An inactive license shall not entitle the holder to
engage in active practice. The provisions of subsections (c) and (d) relating
to expiration, renewal and reinstatement of a license shall be applicable to
an inactive license issued under this subsection. Each inactive licensee
may apply to engage in active practice by presenting a request required by
subsection (a). The request shall be accompanied by the fee established
pursuant to subsection (g).
(f) (1) There is hereby created a license by endorsement. The board
shall issue a license by endorsement without examination to a person who
has been in active practice as an anesthesiologist assistant in some other
state, territory, the District of Columbia or other country upon certification
of the proper licensing authority of that state, territory, the District of
Columbia or other country certifying that the applicant is duly licensed,
that the applicant's license has never been limited, suspended or revoked,
that the licensee has never been censured or had other disciplinary action
taken and that, so far as the records of such authority are concerned, the
applicant is entitled to its endorsement. The applicant shall also present
proof satisfactory to the board:
(A) That the state, territory, the District of Columbia or country
where the applicant last practiced has and maintains standards at least
equal to those maintained by this state;
(B) that the applicant's original licensure was based upon an
examination at least equal in quality to the examination required in this
state and that the passing grade required to obtain such original license
was comparable to that required in this state;
(C) the date of the applicant's original and all endorsed licenses and
the date and place from which any license was attained;
(D) that the applicant has been actively engaged in practice under
such license or licenses since issuance. The board may adopt rules and
regulations establishing appropriate qualitative and quantitative practice
activities to qualify as active practice; and
(E) that the applicant has a reasonable ability to communicate in
English.
(2) An applicant for a license by endorsement shall not be granted
such license unless, as determined by the board, the applicant's
qualifications are substantially equivalent to Kansas requirements. In lieu
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of any other requirement prescribed by law for satisfactory passage of any
examination for anesthesiologist assistants, the board may accept evidence
demonstrating that the applicant or licensee has satisfactorily passed an
equivalent examination given by a national board of examiners for
physician assistants.
(g) The following fees shall be fixed by rules and regulations adopted
by the board and shall be collected by the board:
(1) An application for any license as an anesthesiologist assistant, not
more than $200;
(2) an applicant for temporary licensure as an anesthesiologist
assistant, not more than $30;
(3) for the renewal of a license to practice as an anesthesiologist
assistant, not more than $150;
(4) for the renewal of an inactive license, not more than $75;
(5) for the late renewal of any license as an anesthesiologist assistant,
an additional fee shall be assessed, not more than $100;
(6) for reinstatement of a license canceled for failure to renew, not
more than $250;
(7) for a certified statement from the board that an anesthesiologist
assistant is licensed in this state, not more than $30;
(8) for a copy of the licensure certificate of an anesthesiologist
assistant, not more than $25; and
(9) for conversion of an inactive license to a license to actively
practice as an anesthesiologist assistant, not more than $150.
(h) The board shall remit all moneys received from fees, charges or
penalties to the state treasurer in accordance with the provisions of K.S.A.
75-4215, and amendments thereto. Upon receipt of each such remittance,
the state treasurer shall deposit the entire amount in the state treasury to
the credit of the healing arts fee fund. All expenditures from such fund
shall be made in accordance with appropriation acts upon warrants of the
director of accounts and reports issued pursuant to vouchers approved by
the president of the board or by a person designated by the president of the
board.
(i) The board shall adopt all necessary rules and regulations for
carrying out the provisions of this act. The board may grant a temporary
variance from an identified rule or regulation when a literal application or
enforcement of the rule or regulation would result in serious hardship and
the relief granted would not result in any unreasonable risk to the public
interest, safety or welfare.
New Sec. 4. (a) No person shall be licensed as an anesthesiologist
assistant by the board unless such person has:
(1) Presented to the board proof that the applicant has successfully
completed a course of education and training approved by the board for
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the education and training of an anesthesiologist assistant, or presented to
the board proof that the applicant has acquired experience while serving in
the armed forces of the United States, if such experience is equivalent to
the minimum experience requirements established by the board;
(2) passed an examination approved by the board covering topics
incidental to the education and training of an anesthesiologist assistant;
and
(3) submitted to the board any other information that the board deems
necessary through rules and regulations to evaluate the applicant's
qualifications.
(b) (1) As part of an original application for or reinstatement of any
license, registration, permit or certificate or in connection with any
investigation of any holder of a license, registration, permit or certificate,
pursuant to K.S.A. 2024 Supp. 22-4714, and amendments thereto, the
board may require an applicant or licensee to be fingerprinted and submit
to a state and national criminal history record check.
(2) The board may fix and collect a fee as may be required by the
board in an amount necessary to reimburse the board for the cost of
fingerprinting and the criminal history record check. Any moneys
collected under this subsection shall be deposited in the state treasury and
credited to the healing arts fee fund.
(c) The board may refuse to license a person as an anesthesiologist
assistant upon any of the grounds for which the board may revoke,
suspend, limit, publicly censure or place under probationary or monitoring
conditions such license.
(d) The board shall require every licensed anesthesiologist assistant to
submit with the renewal application evidence of satisfactory completion of
a program of continuing education required by the board. The board, shall
adopt rules and regulations, to establish the requirements for such program
of continuing education as soon as possible after January 5, 2026. In
establishing such requirements, the board shall consider any existing
programs of continuing education currently being offered to
anesthesiologist assistants.
New Sec. 5. A licensee's license may be revoked, suspended or
limited, or the licensee may be publicly censured, or placed under
probationary or monitoring conditions, fined or an application for a license
or for reinstatement of a license may be denied upon a finding that the
licensee:
(a) Committed an act of unprofessional conduct as defined by rules
and regulations adopted by the board;
(b) obtained a license by means of fraud, misrepresentation or
concealment of material facts;
(c) committed an act of professional incompetency as defined by
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rules and regulations adopted by the board;
(d) has been convicted of a felony or class A misdemeanor, or
substantially similar offense in another jurisdiction, whether or not related
to the practice of the healing arts. The licensee has been convicted in a
special or general court-martial, whether or not related to the practice of
the healing arts. The board shall revoke a licensee's license following
conviction of a felony or substantially similar offense in another
jurisdiction, or following conviction in a general court-martial, unless a
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majority of the board members present and voting determine by clear and
convincing evidence that such licensee will not pose a threat to the public
in such person's capacity as a licensee and that such person has been
sufficiently rehabilitated to warrant the public trust. In the case of a person
who has been convicted of a felony or convicted in a general court-martial
and who applies for an original license or to reinstate a canceled license,
the application for a license shall be denied unless a
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board members present and voting on such application determine by clear
and convincing evidence that such person will not pose a threat to the
public in such person's capacity as a licensee and that such person has been
sufficiently rehabilitated to warrant the public trust;
(e) violated any provision of this act;
(f) violated any lawful order or rule and regulation of the board;
(g) violated a federal law or regulation relating to controlled
substances;
(h) failed to report to the board any adverse action taken against the
licensee by another state or licensing jurisdiction, a peer review body, a
healthcare facility, a professional association or society, a governmental
agency, by a law enforcement agency or a court for acts or conduct similar
to acts or conduct that would constitute grounds for disciplinary action
under this section;
(i) surrendered a license or authorization to practice as an
anesthesiologist assistant in another state or jurisdiction, surrendered the
authority to utilize controlled substances issued by any state or federal
agency, agreed to a limitation to or restriction of privileges at any medical
care facility or surrendered 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 this section;
(j) failed to report to the board the surrender of the licensee's license
or authorization to practice as an anesthesiologist assistant in another state
or jurisdiction or the surrender of 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 this section;
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(k) has 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
this section;
(l) failed to report to the board any adverse judgment, settlement or
award against the licensee resulting from a medical malpractice liability
claim related to acts or conduct similar to acts or conduct that would
constitute grounds for disciplinary action under this section;
(m) no longer has the ability to practice with reasonable skill and
safety by reason of physical or mental illness, or condition or use of
alcohol, drugs or controlled substances. All information, reports, findings
and other records relating to impairment shall be confidential and not
subject to discovery by or release to any person or entity outside of a board
proceeding;
(n) exceeded or acted outside the scope of authority given the
anesthesiologist assistant by the supervising anesthesiologist or by this act;
(o) has assisted suicide in violation of K.S.A. 21-3406, prior to its
repeal, or K.S.A. 2024 Supp. 21-5407, and amendments thereto, as
established by any of the following:
(1) A copy of the record of criminal conviction or plea of guilty for a
felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2024
Supp. 21-5407, and amendments thereto;
(2) a copy of the record of a judgment of contempt of court for
violating an injunction issued under K.S.A. 60-4404, and amendments
thereto; or
(3) a copy of the record of a judgment assessing damages under
K.S.A. 60-4405, and amendments thereto.
New Sec. 6. (a) It shall be unlawful for any person who is not
licensed under this act or whose license has been revoked or suspended
pursuant to this act to engage in practice as an anesthesiologist assistant.
(b) No person shall use any title, abbreviation, letters, figures, sign,
card or device to indicate that any person is a licensed anesthesiologist
assistant, nor shall any person represent oneself to be a licensed
anesthesiologist assistant, unless such person has been duly licensed as an
anesthesiologist assistant in accordance with the provisions of this act.
(c) The provisions of this act shall not be construed to include the
following persons:
(1) Persons rendering gratuitous services in the case of an emergency;
(2) persons gratuitously administering ordinary household remedies;
(3) individuals practicing religious beliefs that provide for reliance on
spiritual means alone for healing;
(4) students, while performing professional services in an approved
anesthesiologist assistant education and training program;
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(5) persons whose professional services are performed under the
direct and personal supervision or by an order of a practitioner who is
licensed under the healing arts act;
(6) other healthcare providers who are licensed, registered, certified
or otherwise credentialed by agencies of the state of Kansas; or
(7) anesthesiologist assistants employed by the United States
government or any bureau, division or agency thereof, while in the
discharge of official duties.
(d) Any person violating the provisions of this section shall be guilty
of a class B misdemeanor.
New Sec. 7. (a) The board shall provide for the temporary licensure
of any anesthesiologist assistant who has made proper application for
licensure, has the required qualifications for licensure, except for
examination and has paid the prescribed license fee. Such temporary
license shall authorize the person so licensed to provide patient services
within the limits of the temporary license.
(b) A temporary license shall be valid:
(1) For one year from the date of issuance; or
(2) until the board makes a final determination on the applicant's
request for licensure.
The board may extend a temporary license, upon a majority vote of the
members of the board, for a period not to exceed one year.
New Sec. 8. (a) The practice of an anesthesiologist assistant shall
include assisting the supervising or designated anesthesiologist in
implementing an anesthesia care plan for a patient. In assisting the
supervising or designated anesthesiologist, an anesthesiologist assistant
shall have the authority to:
(1) Obtain a comprehensive patient history, perform relevant
elements of a physical exam and present the history to the supervising
anesthesiologist;
(2) pretest and calibrate anesthesia delivery systems and obtain and
interpret information from the systems and monitors, in consultation with
an anesthesiologist;
(3) assist the supervising anesthesiologist with the implementation of
medically accepted monitoring techniques;
(4) establish basic and advanced airway interventions, including
intubation of the trachea and performing ventilator support;
(5) administer intermittent vasoactive drugs and start and adjust
vasoactive infusions;
(6) administer anesthetic drugs, adjuvant drugs and accessory drugs;
(7) perform epidural anesthetic procedures, spinal anesthetic
procedures and other regional anesthetic techniques in coordination with
the supervising anesthesiologist;
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(8) administer blood, blood products and supportive fluids;
(9) provide assistance to the cardiopulmonary resuscitation team in
response to a life-threatening situation;
(10) participate in administrative, research and clinical teaching
activities as authorized by the supervising anesthesiologist; and
(11) perform such other tasks as not prohibited by law under the
supervision of a licensed anesthesiologist that an anesthesiologist assistant
has been trained in and is proficient to perform.
(b) An anesthesiologist shall at all times accept and be responsible for
the oversight of the healthcare services rendered by the anesthesiologist
assistant.
(c) An anesthesiologist assistant shall practice only under the
supervision of an anesthesiologist who is physically present or
immediately available in the same physical facility where the
anesthesiologist assistant performs delegated medical acts and the
supervising anesthesiologist is available to provide direct supervision. A
supervising anesthesiologist or designated anesthesiologist shall be
allowed to supervise up to four anesthesiologist assistants at any one time.
(d) Anesthesiologist assistants shall not have the authority to:
(1) Prescribe medications or controlled substances;
(2) administer any drugs, medicines, devices or therapies that the
supervising anesthesiologist is not qualified or authorized to prescribe; or
(3) practice or attempt to practice without the supervision of a
licensed anesthesiologist or in any location where the supervising
anesthesiologist is not immediately available for consultation, assistance
and intervention.
New Sec. 9. (a) If a supervising anesthesiologist temporarily leaves
such anesthesiologist's customary location of practice, the supervising
anesthesiologist shall, by prior arrangement, name a designated
anesthesiologist who shall provide direction and supervision to the
anesthesiologist assistant of such supervising anesthesiologist.
(b) An anesthesiologist assistant shall not perform professional
services unless the name, address and signature of each supervising
anesthesiologist and the form required under section 3, and amendments
thereto, of this act have been provided to the board. A supervising
anesthesiologist shall notify the board when supervision and direction of
the anesthesiologist assistant has terminated. The board shall provide
forms for identifying each supervising anesthesiologist and for giving
notice that direction and supervision has terminated. These forms may
direct that additional information be provided, including a copy of any
written agreements, as required by rules and regulations adopted by the
board.
New Sec. 10. The board shall limit the number of anesthesiologist
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assistants a supervising anesthesiologist may supervise at any one time to
four anesthesiologist assistants. An anesthesiologist, group of
anesthesiologists or medical care facility, as defined in K.S.A. 65- 425,
and amendments thereto, may employ more than four anesthesiologist
assistants, but an anesthesiologist may not provide direction and
supervision to more than four anesthesiologist assistants at any time.
New Sec. 11. (a) (1) There is hereby established an anesthesiologist
assistant council to advise the board in carrying out the provisions of the
anesthesiologist assistant licensure act. The council shall consist of five
members, all citizens and residents of the state of Kansas, appointed as
follows: One member shall be an anesthesiologist appointed by the board
who is a supervising anesthesiologist for an anesthesiologist assistant; one
member shall be president of the board or a person designated by the
president; and three members shall be licensed anesthesiologist assistants
appointed by the governor.
(2) The governor, insofar as possible, shall appoint persons from
different geographical areas and persons who represent various types of
practice settings. If a vacancy occurs on the council, the appointing
authority of the position that has become vacant shall appoint a person of
like qualifications to fill the vacant position for the unexpired term, if any.
The Kansas academy of anesthesiologist assistants shall recommend the
names of licensed anesthesiologist assistants to the governor in a number
equal to at least twice the positions or vacancies to be filled, and the
governor may appoint members to fill the positions or vacancies from the
submitted list.
(3) Members of the council appointed by the governor on and after
January 5, 2026, shall be appointed for terms of three years and until their
successors are appointed and qualified, except that of the members first
appointed by the governor on or after January 5, 2026, one shall be
appointed for a term of one year, one shall be appointed for a term of two
years and one shall be appointed for a term of three years, as designated by
the governor. The member appointed by the state board of healing arts
shall serve at the pleasure of the board. If the president of the board
designates a member to serve on the council in the president's stead, that
member shall serve at the pleasure of the president.
(b) Members of the anesthesiologist assistant council attending
meetings of the council or attending a subcommittee meeting thereof
authorized by the council shall be paid amounts provided in K.S.A. 75-
3223(e), and amendments thereto, from the healing arts fee fund.
New Sec. 12. (a) All administrative proceedings to revoke, suspend,
limit or deny a license or to censure a licensee, shall be conducted in
accordance with K.S.A 65-2838 and 65-2838a, and amendments thereto,
and the provisions of the Kansas administrative procedure act.
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(b) When it appears to the board that any person is violating any of
the provisions of this act, the board may bring an action in the name of the
state of Kansas in a court of competent jurisdiction for an injunction
against such violation without regard to whether proceedings have been or
may be instituted before the board or whether criminal proceedings have
been or may be instituted.
Sec. 13. K.S.A. 2024 Supp. 22-4714 is hereby amended to read as
follows: 22-4714. (a) A governmental agency other than a criminal justice
agency as defined in K.S.A. 22-4701, and amendments thereto, identified
in subsection (b) may require a person to be fingerprinted and shall submit
such fingerprints to the Kansas bureau of investigation and the federal
bureau of investigation for a search of the state and federal database.
Fingerprints provided pursuant to this section may be used to identify a
person and to determine whether such person has a record of criminal
history in this state or in another jurisdiction. An agency identified in
subsection (b) may use the information obtained from the criminal history
record check for the purposes of verifying the identification of a person
and in the official determination of the qualifications and fitness of such
person to be issued or maintain employment, licensure, registration,
certification or a permit, act as an agent of a licensee, hold ownership of a
licensee or serve as a director or officer of a licensee.
(b) (1) The Kansas bureau of investigation shall release criminal
history record information related to adult convictions, adult non-
convictions, adult diversions, adult expunged records, juvenile
adjudications, juvenile non-adjudications, juvenile diversions and juvenile
expunged records to the Kansas department for children and families or
the Kansas department for aging and disability services for initial or
continuing employment or participation in any program administered for
the placement, safety, protection or treatment of vulnerable children or
adults as described in K.S.A. 75-53,105, and amendments thereto.
(2) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions, adult expunged records and juvenile expunged records to:
(A) The state lottery for candidates for employees as defined in
K.S.A. 74-8702, and amendments thereto, in connection with such
employment as described in K.S.A. 74-8704, and amendments thereto; and
(B) the Kansas racing and gaming commission for candidates for
employees or licensees as defined in K.S.A. 74-8802, and amendments
thereto, in connection with such employment or license as described in
K.S.A. 74-8804, and amendments thereto, including an applicant for a
simulcasting license.
(3) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
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adult diversions, adult expunged records, juvenile adjudications, juvenile
non-adjudications and juvenile diversions to:
(A) The emergency medical services board for applicants as defined
in K.S.A. 65-6129, and amendments thereto, in connection with such
application as described in K.S.A. 65-6129, and amendments thereto;
(B) the attorney general for applicants as defined in K.S.A 75-7c01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7c05, and amendments thereto; and
(C) the department of administration for candidates for sensitive
employees as defined in K.S.A. 75-3707e, and amendments thereto, in
connection with such employment as described in K.S.A. 75-3707e, and
amendments thereto.
(4) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions and adult expunged records to:
(A) The supreme court and state board of law examiners for
applicants as defined in K.S.A. 7-127, and amendments thereto, in
connection with such application as described in K.S.A. 7-127, and
amendments thereto;
(B) the state gaming agency for candidates for employees and
licensees as defined in K.S.A. 74-9802, and amendments thereto, in
connection with such employment or license as described in K.S.A. 74-
9805, and amendments thereto;
(C) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7b04, and amendments thereto;
(D) the attorney general for applicants as defined in K.S.A. 75-7b01,
and amendments thereto, in connection with such application for
certification as described in K.S.A. 75-7b21, and amendments thereto; and
(E) the commission on peace officers' standards and training for
applicants for certification under the Kansas law enforcement training act
as described in K.S.A. 74-5607, and amendments thereto.
(5) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions, adult non-convictions,
adult diversions and juvenile adjudications to:
(A) The athletic commission within the Kansas department of
commerce for a candidate for boxing commission as defined in K.S.A. 74-
50,182, and amendments thereto, in connection with such appointment as
described in K.S.A. 74-50,184, and amendments thereto; and
(B) the secretary of health and environment for employees at a child
care facility as defined in K.S.A. 65-503, and amendments thereto, in
connection with such employment as described in K.S.A. 65-516, and
amendments thereto.
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(6) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and juvenile adjudications
to:
(A) The secretary for aging and disability services for applicants as
defined in K.S.A. 39-970, and amendments thereto, in connection with
such application as described in K.S.A. 39-970, and amendments thereto;
(B) the Kansas department for aging and disability services for
applicants as defined in K.S.A. 39-2009, and amendments thereto, in
connection with such application as described in K.S.A. 39-2009, and
amendments thereto; and
(C) the secretary for aging and disability services for applicants as
defined in K.S.A. 65-5117, and amendments thereto, in connection with
such application as described in K.S.A. 65-5117, and amendments thereto.
(7) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions and adult non-convictions
to:
(A) The division of motor vehicles within the department of revenue
for applicants for reinstatement of a license to drive a commercial motor
vehicle as described in K.S.A. 8-2,142, and amendments thereto;
(B) the board of examiners in optometry for applicants or licensees as
defined in K.S.A. 65-1501, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-1505, and
amendments thereto;
(C) the board of pharmacy for fingerprint candidates as defined in
K.S.A. 65-1626, and amendments thereto, in connection with such
application or license as described in K.S.A. 65-1696, and amendments
thereto;
(D) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2802, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-28,129, and
amendments thereto;
(E) the state board of healing arts for applicants or licensees as
defined in K.S.A. 65-2901, and amendments thereto, in connection with
such application or an investigation as described in K.S.A. 65-2924, and
amendments thereto;
(F) the board of nursing for applicants as defined in K.S.A. 74-1112,
and amendments thereto, in connection with such application as described
in K.S.A. 74-1112, and amendments thereto;
(G) the behavioral sciences regulatory board for licensees as defined
in K.S.A. 74-7511, and amendments thereto, in connection with such
application or license as described in K.S.A. 74-7511, and amendments
thereto;
(H) the state lottery for a vendor to whom a major procurement
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contract is to be awarded in connection with an investigation as described
in K.S.A. 74-8705, and amendments thereto;
(I) the attorney general for appointees of the governor to positions
subject to confirmation by the senate and judicial appointees as described
in K.S.A. 75-712, and amendments thereto;
(J) appointing authorities as defined in K.S.A. 75-4315d, and
amendments thereto, for nongubernatorial appointees as described in
K.S.A. 75-4315d, and amendments thereto;
(K) the Kansas real estate commission for applicants as defined in
K.S.A. 58-3035, and amendments thereto, or for licensees as defined in
K.S.A. 58-3035, and amendments thereto, in connection with an
investigation as described in K.S.A. 58-3039, and amendments thereto;
(L) the insurance commissioner for applicants for licensure as an
insurance agent as defined in K.S.A. 40-4902, and amendments thereto, in
connection with such application as described in K.S.A. 40-4905, and
amendments thereto; and
(M) the insurance commissioner for applicants as defined in K.S.A.
40-5501, and amendments thereto, in connection with such application as
described in K.S.A. 40-5505, and amendments thereto.
(O) the state board of healing arts for applicants or licensees as
defined in section 2, and amendments thereto, in connection with such
application or an investigation as described in section 3, and amendments
thereto;
(8) The Kansas bureau of investigation shall release criminal history
record information related to adult convictions to:
(A) The department of agriculture for hemp employees as defined in
K.S.A. 2-3901, and amendments thereto, in connection with such
employment as described in K.S.A. 2-3902, and amendments thereto;
(B) the department of agriculture for applicants for licensure as a
hemp producer as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3906, and
amendments thereto;
(C) the office of state fire marshal for applicants for registration as a
hemp processor as defined in K.S.A. 2-3901, and amendments thereto, in
connection with such application as described in K.S.A. 2-3907, and
amendments thereto;
(D) the department of agriculture for hemp destruction employees as
defined in K.S.A. 2-3901, and amendments thereto, in connection with
such employment as described in K.S.A. 2-3911, and amendments thereto;
(E) the bank commissioner for any applicant as defined in K.S.A. 9-
508, and amendments thereto, in connection with such application as
described in K.S.A. 9-509, and amendments thereto;
(F) the bank commissioner for an applicant for employment as a new
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executive officer or director with a money transmitter company as
described in K.S.A. 9-513e, and amendments thereto;
(G) the bank commissioner for any applicant as defined in K.S.A. 9-
1719, and amendments thereto, in connection with such application as
described in K.S.A. 9-1722, and amendments thereto;
(H) the bank commissioner for an applicant, registrant or licensee as
defined in K.S.A. 9-2201, and amendments thereto, in connection with
such application, registration or license as described in K.S.A. 9-2209, and
amendments thereto;
(I) the state banking board for any officer, director or organizer of a
proposed fiduciary financial institution as defined in K.S.A. 9-2301, and
amendments thereto, in connection with such role as described in K.S.A.
9-2302, and amendments thereto;
(J) municipalities for applicants for merchant or security police as
described in K.S.A. 12-1679, and amendments thereto;
(K) the bank commissioner for applicants as defined in K.S.A. 16a-6-
104, and amendments thereto, in connection with such application as
described in K.S.A. 16a-6-104, and amendments thereto;
(L) the state department of credit unions for every candidate as
defined in K.S.A. 17-2234, and amendments thereto, in connection with
such employment as described in K.S.A. 17-2234, and amendments
thereto;
(M) the division of alcoholic beverage control within the department
of revenue for applicants as defined in K.S.A. 41-102, and amendments
thereto, in connection with such application as described in K.S.A. 41-
311b, and amendments thereto;
(N) the division of post audit for employees as defined in K.S.A. 46-
1103, and amendments thereto, in connection with such employment as
described in K.S.A. 46-1103, and amendments thereto;
(O) the bank commissioner for licensees as defined in K.S.A. 50-
1126, and amendments thereto, in connection with such license as
described in K.S.A. 50-1128, and amendments thereto;
(P) the real estate appraisal board for licensees as defined in K.S.A.
58-4102, and amendments thereto, in connection with an application or
investigation as described in K.S.A. 58-4127, and amendments thereto;
(Q) the real estate appraisal board for applicants as defined in K.S.A.
58-4703, and amendments thereto, in connection with such application as
described in K.S.A. 58-4709, and amendments thereto;
(R) the department of health and environment for an employee as
defined in K.S.A. 65-2401, and amendments thereto, in connection with
such employment as described in K.S.A. 65-2402, and amendments
thereto;
(S) the Kansas commission on veterans affairs office for candidates
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as defined in K.S.A. 73-1210a, and amendments thereto, in connection
with an application as described in K.S.A. 73-1210a, and amendments
thereto;
(T) a senate standing committee for a member named, appointed or
elected to the public employee retirement systems board of trustee
membership as described in K.S.A. 74-4905, and amendments thereto;
(U) the attorney general for applicants as defined in K.S.A. 75-7e01,
and amendments thereto, in connection with such application as described
in K.S.A. 75-7e03, and amendments thereto;
(V) the department of revenue for employees as defined in K.S.A. 75-
5133c, and amendments thereto, in connection with such employment as
described in K.S.A. 75-5133c, and amendments thereto;
(W) the divison of motor vehicles within the department of revenue
for employees as defined in K.S.A. 75-5156, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5156, and
amendments thereto;
(X) the Kansas commission for the deaf and hard of hearing for
applicants as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such application as described in K.S.A. 75-5393a, and
amendments thereto;
(Y) the Kansas commission for the deaf and hard of hearing for
employees as defined in K.S.A. 75-5397f, and amendments thereto, in
connection with such employment as described in K.S.A. 75-5393c, and
amendments thereto;
(Z) the department of health and environment for employees as
defined in K.S.A. 75-5609a, and amendments thereto, in connection with
such employment as described in K.S.A. 75-5609a, and amendments
thereto; and
(AA) an executive branch agency head for employees as defined in
K.S.A. 75-7241, and amendments thereto, in connection with such
employment as described in K.S.A. 75-7241, and amendments thereto.
(c) State and local law enforcement agencies shall assist with taking
fingerprints of individuals as authorized by this section.
(d) Any board, commission, committee or other public body shall
recess into a closed executive session pursuant to K.S.A. 75-4319, and
amendments thereto, to receive and discuss criminal history record
information obtained pursuant to this section.
(e) The Kansas bureau of investigation may charge a reasonable fee
for conducting a criminal history record check.
(f) (1) Fingerprints and criminal history record information received
pursuant to this section shall be confidential and shall not be subject to the
provisions of the Kansas open records act, K.S.A. 45-215 et seq., and
amendments thereto. The provisions of this paragraph shall expire on July
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1, 2029, unless the legislature reviews and reenacts this provision pursuant
to K.S.A. 45-229, and amendments thereto, prior to July 1, 2029.
(2) Disclosure or use of any information received pursuant to this
section for any purpose other than the purpose described in this section
shall be a class A nonperson misdemeanor and shall constitute grounds for
removal from office.
Sec. 14. K.S.A. 65-1163 is hereby amended to read as follows: 65-
1163. Nothing in this act shall:
(a) Prohibit administration of a drug by a duly licensed professional
nurse, licensed practical nurse or other duly authorized person for the
alleviation of pain, including administration of local anesthetics;
(b) apply to the practice of anesthesia by a person licensed to practice
medicine and surgery, a licensed dentist or a licensed podiatrist;
(c) prohibit the practice of nurse anesthesia by students enrolled in
approved courses of study in the administration of anesthesia or analgesic
as a part of such course of study;
(d) apply to the administration of a pudendal block by a person who
holds a valid license as an advanced practice registered nurse in the role of
nurse-midwife;
(e) apply to the administration by a licensed professional nurse of an
anesthetic, other than general anesthesia, for a dental operation under the
direct supervision of a licensed dentist or for a dental operation under the
direct supervision of a person licensed to practice medicine and surgery;
(f) prohibit the practice by any registered nurse anesthetist who is
employed by the United States government or in any bureau, division or
agency thereof, while in the discharge of official duties; or
(g) prohibit a registered professional nurse from administering
general anesthetic agents to a patient on ventilator maintenance in critical
care units when under the direction of a person licensed to practice
medicine and surgery or a person licensed to practice dentistry; or
(h) prohibit the practice of anesthesia by anesthesiologist assistant
students enrolled in approved courses of study in the administration of
anesthesia or analgesic as a part of such course of study.
Sec. 15. K.S.A. 65-28,127 is hereby amended to read as follows: 65-
28,127. (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 that
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, including the
responsibility to notify the board when terminating the direction and
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supervision request of a written agreement or practice protocol;
(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 that 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 that 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
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meaning ascribed thereto in K.S.A. 65-28a02, and amendments thereto.
(i) This section shall be a part of and supplemental to the Kansas
healing arts act.
Sec. 16. K.S.A. 65-1163 and 65-28,127 and K.S.A. 2024 Supp. 22-
4714 are hereby repealed.
Sec. 17. This act shall take effect and be in force from and after its
publication in the statute book.
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