Volume 41 - Issue 50 - December 15, 2022

State of Kansas

Board of Healing Arts

Permanent Administrative Regulations

Article 28b.—INDEPENDENT PRACTICE OF MIDWIFERY

100-28b-2. Application for licensure. Each applicant for licensure to engage in the independent practice of midwifery shall submit the following to the board:

(a) The fee required by K.A.R. 100-28b-6;

(b) a completed application on a form provided by the board;

(c) a signed waiver agreement and statement for fingerprint-based record checks;

(d) an official transcript for the applicant from an educational program approved by the board under K.A.R. 100-28b-3 that specifies the degree awarded;

(e) an official verification of licensure to practice as an advanced practice registered nurse in the role of nurse-midwife provided directly to the board from the state board of nursing;

(f) an official verification of approved national certification provided directly to the board from the American midwifery certification board; and

(g) an official verification of licensure, registration, or certification to practice a health profession provided directly to the board from each state or jurisdiction where the applicant holds a current license, registration, or certification to practice a health profession. (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b03, 65-28b04, 65-28b05, 65-28b08; effective Dec. 30, 2022.)

100-28b-4. Approved national certification. The national certification approved by the board to obtain authorization to engage in the independent practice of midwifery shall be the certification offered by the American midwifery certification board. (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b03; effective Dec. 30, 2022.)

100-28b-7. Continuing education. (a) As a condition of renewal, evidence of completion within the preceding one-year period of 15 contact hours of continuing education may be requested by the board. The continuing education shall meet or exceed the standards specified in K.S.A. 65-1132(a)(2), and amendments thereto.

(b) For the purposes of this regulation, “contact hour” shall mean a total of 50 minutes of participation in a learning experience intended to build upon the educational and experiential bases of an advanced practice registered nurse midwife. Fractions of hours over 30 minutes to be computed towards a contact hour shall be accepted.

(c) An individual initially licensed to engage in the independent practice of midwifery less than 12 months before the renewal date shall not be required to submit the evidence of completion of continuing education required by subsection (a) for the first renewal period.

(d) An extension of not more than six months to submit evidence of completion of continuing education may be granted by the board for a substantiated medical condition, natural disaster, death of a spouse or an immediate family member, or any similar circumstance beyond the licensee’s control that renders the licensee incapable of meeting the requirements of subsection (a). Each such request shall be submitted with or before submitting an application for renewal and shall include a plan for completion of the continuing education requirements within the requested extension period. (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b04; effective Dec. 30, 2022.)

100-28b-11. Licensees who direct, supervise, or delegate acts that constitute the independent practice of midwifery; requirements and limitations. Each licensee who directs, supervises, or delegates acts that constitute the independent practice of midwifery to any other persons shall meet the following requirements:

(a) Be engaged in the independent practice of midwifery in Kansas;

(b) direct, supervise, or delegate only those acts and functions that the licensee knows or has reason to know can be competently performed by the person and are not in violation of any statute or regulation; and

(c) direct, supervise, or delegate only those acts and functions that are within the competence and lawful practice of the licensee. (Authorized by and implementing K.S.A. 65-28b07; effective Dec. 30, 2022.)

100-28b-12. Assessment of patient for identifiable risks. Each licensee shall perform and document an initial and ongoing assessment of each identifiable risk to the course of labor, delivery, or health of the patient or newborn to determine whether the clinical services required by the patient will be limited to those associated with a normal, uncomplicated pregnancy and a normal, uncomplicated delivery, including the following:

(a) Age of the patient;

(b) gestational age;

(c) major medical problems, including the following:

(1) Chronic hypertension, heart disease, or pulmonary embolus;

(2) congenital heart defect assessed as pathological by a cardiologist that places the patient or fetus at risk;

(3) renal disease;

(4) drug addiction or use of anticonvulsant drugs;

(5) diabetes mellitus;

(6) thyroid disease; and

(7) bleeding disorder or hemolytic disease;

(d) previous history of a significant obstetrical complication or medical condition, including the following:

(1) Rh sensitization;

(2) previous uterine wall surgery, including cesarean section;

(3) seven or more term pregnancies;

(4) previous placental abruption; and

(5) previous preterm birth; and

(e) medical indication of any of the following:

(1) Uncontrolled gestational hypertension;

(2) polyhydramnios or oligohydramnios;

(3) placental abruption;

(4) chorioamnionitis;

(5) known fetal anomaly;

(6) multiple gestations;

(7) intrauterine growth restriction;

(8) fetal distress;

(9) alcoholism or drug addiction;

(10) thrombophlebitis; or

(11) pyelonephritis. (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b02 and 65-28b07; effective Dec. 30, 2022.)

100-28b-19. Unprofessional conduct. (a) For the purposes of the independent practice of midwifery act and this article of the board’s regulations, “unprofessional conduct” shall mean any of the following:

(1) Soliciting patients through the use of fraudulent or false advertisements, or profiting by the acts of those representing themselves to be agents of the licensee;

(2) representing to a patient that a manifestly incurable disease, condition, or injury can be permanently cured;

(3) assisting in the care or treatment of a patient without the consent of the patient or the patient’s legal representatives;

(4) using any letters, words, or terms as an affix, on stationery, or in advertisements, or otherwise indicating that the person is entitled to practice any profession regulated by the board or any other state licensing board or agency for which the person is not licensed;

(5) performing, procuring, or aiding and abetting in the performance or procurement of a criminal abortion;

(6) willful betrayal of confidential information;

(7) advertising professional superiority or the performance of professional services in a superior manner;

(8) advertising to guarantee any professional service painlessly;

(9) engaging in conduct related to practice as an independent certified nurse-midwife that is likely to deceive, defraud, or harm the public;

(10) making a false or misleading statement regarding the licensee’s skill or the efficacy or value of the drug, treatment, or remedy prescribed by the licensee or at the licensee’s direction in the treatment of any disease or other condition of the body or mind;

(11) committing any act of sexual abuse, misconduct or other improper sexual contact that exploits the licensee-patient relationship with a patient or a person responsible for health care decisions concerning the patient;

(12) using any false, fraudulent, or deceptive statement in any document connected with the independent practice of midwifery, including the intentional falsifying or fraudulent altering of a patient or medical care facility record;

(13) obtaining any fee by fraud, deceit, or misrepresentation;

(14) failing to transfer patient records to another licensee when requested to do so by the subject patient or by the patient’s legally designated representative;

(15) performing unnecessary tests, examinations, or services that have no legitimate medical purpose;

(16) charging an excessive fee for services rendered;

(17) prescribing, dispensing, administering, or distributing a prescription drug or substance, including a controlled substance, in an improper or inappropriate manner, for other than a valid medical purpose, or not in the course of the licensee’s professional practice;

(18) repeated failure to practice with that level of care, skill, and treatment that is recognized by a reasonably prudent similar practitioner as being acceptable under similar conditions and circumstances;

(19) failure to keep health care records that accurately describe the services rendered to the patient, including patient histories, pertinent findings, examination results, and test results;

(20) delegating professional responsibilities to a person if the licensee knows or has reason to know that the person is not qualified by training, experience, or licensure to perform these responsibilities;

(21) failing to properly supervise, direct, or delegate acts that constitute the independent practice of midwifery to persons who perform professional services pursuant to the licensee’s direction, supervision, order, referral, delegation, or practice protocols;

(22) failing to meet the requirements of K.A.R. 100-28b-11;

(23) willfully or repeatedly violating the independent practice of midwifery act, the pharmacy act of the state of Kansas, or the uniform controlled substances act, or any implementing regulations, or any regulations of the secretary of health and environment;

(24) being found to have unlawfully practiced any profession regulated by the board in which the licensee is not licensed to practice;

(25) violating any lawful order or directive of the board;

(26) being found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect, or incompetent to stand trial by a court of competent jurisdiction;

(27) prescribing, selling, administering, distributing, or giving a controlled substance to any person for other than medically accepted or lawful purposes;

(28) engaging in a practice or conduct that violates a federal law or regulation relating to controlled substances;

(29) engaging in a practice or conduct that violates a federal law or regulation relating to health care records;

(30) failing to furnish the board, or its investigators or representatives, any information legally requested by the board;

(31) having sanctions or disciplinary actions against the licensee by a peer review committee, a health care facility, a governmental agency or department, or a professional association or society for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under the independent practice of midwifery act;

(32) surrendering a license or authorization to practice nursing in another state or jurisdiction, surrendering the authority to utilize controlled substances issued by any state or federal agency, agreeing to a limitation to or restriction of privileges at any medical care facility, or surrendering 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 the independent practice of midwifery act;

(33) having 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 the independent practice of midwifery act;

(34) failing to maintain a policy of professional liability insurance as required by K.S.A. 40-3402 or K.S.A. 40-3403a, and amendments thereto;

(35) failing to pay the premium surcharges pursuant to K.S.A. 40-3404, and amendments thereto;

(36) knowingly submitted any misleading, deceptive, untrue, or fraudulent representation on a claim form, bill, or statement;

(37) giving a worthless check or stopping payment on a debit or credit card for fees or moneys legally due to the board;

(38) knowingly or negligently abandoning medical records;

(39) engaging in conduct that violates patient trust and exploits the licensee-patient relationship for personal gain; or

(40) obstructing a board investigation, including engaging in one or more of the following acts:

(A) Falsifying or concealing a material fact;

(B) knowingly making or causing to be made any false or misleading statement or writing; or

(C) any other acts or conduct likely to deceive or defraud the board.

(b) “False advertisement” shall mean any advertisement that is false, misleading, or deceptive in a material respect. In determining whether any advertisement is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of the representations made.

(c) “Advertisement” shall mean any representation disseminated in any manner or by any means, for the purpose of inducing, or likely to induce, directly or indirectly, the purchase of professional services.

(d) Failure to meet any of the requirements of this regulation shall constitute unprofessional conduct. (Authorized by K.S.A. 65-28b07; implementing K.S.A. 65-28b08; effective Dec. 30, 2022.)

Article 69.—ATHLETIC TRAINING

100-69-10. License renewal; continuing education. (a) As a condition of renewal, each licensed athletic trainer shall submit, in addition to the annual application for renewal of licensure, evidence of satisfactory completion of at least 20 hours of continuing education within the preceding year and proof of continuous certification in emergency cardiac care procedures including administration of an automated external defibrillator (AED) through a nationally recognized provider approved by the board. Each course approved by the board of certification for the athletic trainer shall meet this requirement.

(1) Acceptable providers of certification in emergency cardiac care (ECC) procedures shall be those adhering to the most current international guidelines for cardiopulmonary resuscitation and emergency cardiac care.

(2) Online ECC courses shall not be accepted, unless the provider confirms in writing that the skills were demonstrated and tested in person by a qualified instructor.

(3) Instructor certifications shall not be accepted, unless the provider confirms in writing that the instructors are required to maintain and successfully demonstrate provider skills to renew instructor status.

(b) Any licensee who suffered an illness or injury during the 12-month period before the expiration date of the license that made it impossible or extremely difficult to reasonably obtain the required continuing education hours may be granted an extension of not more than six months, in order to complete the continuing education requirements.

(c) Each athletic trainer initially licensed within one year of the expiration date of the license shall be exempt from the continuing education required by subsection (a) for that first renewal period.

(d) All continuing education shall be related to the field of athletic training and shall be presented by providers approved by the board. In order to qualify as board-approved, the continuing education shall be delivered by an approved provider or shall be intended for an audience of credentialed health care providers. The content shall be at least entry-level and shall pertain to one of the current domains of athletic training practice identified by the board. The current domains of athletic training practice identified by the board of certification of athletic trainers shall meet this requirement.

(e) One hour shall be 60 minutes of continuing education meeting the requirements of subsection (f).

(f) The categories of continuing education experiences shall be the following:

(1) Category A. The number of hours for all category A continuing education experiences shall be granted upon receipt of documented evidence of attendance or documented evidence of satisfactory completion issued by a national, state, or local organization meeting the requirements of subsections (a) and (d). Category A continuing education experiences shall include the following:

(A) Symposium. “Symposium” shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.

(B) Seminar. “Seminar” shall mean directed advanced study or discussion in a specific field of interest.

(C) Workshop. “Workshop” shall mean a series of meetings designed for intensive study, work, or discussion in a specific field of interest.

(D) Conference. “Conference” shall mean a formal meeting of a number of people for a discussion in a specific field of interest.

(E) Home study course. “Home study course” shall mean an online webinar course designed for advanced study in a specific field of interest.

(2) Category B. Category B continuing education experiences shall include the following:

(A) Scholarly presentations. The number of hours granted for scholarly presentations shall be the following:

(i) 10 hours for a speaker at a clinical symposium where the primary audience is allied health care professionals; and

(ii) five hours for a speaker at a seminar, workshop, or conference where the primary audience is allied health care professionals.

(B) Publication activities. The number of hours granted for writing a professional publication shall be the following:

(i) Five hours to author an article in a nonrefereed journal;

(ii) 15 hours to author an article in a refereed journal;

(iii) 10 hours to coauthor an article in a refereed journal;

(iv) 20 hours to author a published textbook;

(v) 10 hours to coauthor a published textbook;

(vi) five hours for being a contributing author of a published textbook;

(vii) 10 hours to author a refereed or peer-reviewed poster presentation; and

(viii) five hours to coauthor a poster presentation.

(3) Category C. Category C continuing education experiences shall consist of postcertification education. The number of hours assigned to category C continuing education experiences shall be 10 hours for each credit hour for postcertification education. The content shall be related to one of the domains of athletic training.

(4) Category D. Category D continuing education experiences shall consist of miscellaneous activities, which shall include evidence-based practice. The number of hours granted upon receipt of documented evidence of satisfactory completion for category D continuing education experiences shall be the following:

(A) One hour shall be granted for each hour of attendance at continuing education program activities that are not approved by the board for category A or category B, but that are related to specific athletic training and sports medicine topics.

(B) One hour shall be granted for each hour of listening to unapproved continuing education programs or other multimedia products related to one of the domains of athletic training. No more than five hours per renewal period shall be allowed.

(g) No credit shall be granted for making any repeated presentations of the same subject matter.

(h) No credit shall be granted for reiteration of material or information obtained from attendance at a continuing education program.

(i) To provide evidence of satisfactory completion of continuing education, the following shall be submitted to the board:

(1) Documented evidence of attendance at category A and category D activities;

(2) proof of participation in category B activities, which shall include a copy of any professional publication or documentation of any presentation;

(3) receipt and verification of completion of approved self-instruction from home study courses;

(4) a copy of each transcript or grade report for category C activities; and

(5) personal verification of listening to or viewing continuing education program videotapes, audiotapes, or other multimedia products, as described in paragraph (f)(4)(B). (Authorized by K.S.A. 65-6905; implementing K.S.A. 65-6905 and 65-6909; effective Jan. 9, 1998; amended Nov. 15, 2002; amended Sept. 9, 2005; amended May 15, 2009; amended Jan. 10, 2020; amended, T-100-8-31-22, Aug. 31, 2022; amended Dec. 30, 2022.)

Article 73.—RADIOLOGIC TECHNOLOGISTS

100-73-7. License renewal; continuing education. (a) On the license renewal form, each licensed radiologic technologist shall certify either of the following:

(1) The person completed at least 12 credits of continuing education during the 12-month period immediately preceding the license expiration date. Each person renewing a license for the first time shall be exempt from the 12-month requirement.

(2) The person completed at least 24 credits of continuing education during the 24-month period beginning on the first day of the person’s next birth month after initial certification from the American registry of radiologic technologists and extending 24 months to the end of the month before the birth month. Each subsequent 24-month period shall be measured using the same beginning and ending months.

(b) Any licensee may request that the board grant an extension of the time to complete the required continuing education if, during the 12-month period immediately preceding the license expiration date, the person experienced an undue hardship resulting from illness, injury, or any other circumstance preventing the licensee’s timely completion of continuing education.

(c) One credit shall be 50 minutes of continuing education meeting the requirements of subsection (f).

(d) Each person who certifies completion of continuing education shall, for at least three years following the date of certification, maintain documentation of completion that shall include one of the following:

(1) A verification of completion issued by a national, state, or local organization meeting the requirements of subsections (f) and (g);

(2) a copy of the written materials provided with the continuing education activity, along with documentation of all of the following:

(A) The name, address, and telephone number of the activity sponsor and the name and telephone number of a contact person for the activity sponsor;

(B) the title of the continuing education activity;

(C) the date and location of the activity;

(D) specification of whether the activity was presented in person or by video, satellite, or internet;

(E) the number of continuing education credits completed;

(F) the activity agenda;

(G) the name and professional biographical information of each presenter; and

(H) written proof of participation; or

(3) a notarized certificate of current registration with the American registry of radiologic technologists or the nuclear medicine technology certification board.

(e) Within 30 days following a written request by the board to a licensee, the licensee shall provide the board with proof of completion of continuing education as specified in this regulation.

(f) The categories of continuing education experiences shall be the following:

(1) Meetings and courses. Meetings and courses shall be planned, organized, and administered to enhance the knowledge and skills that a radiologic technologist uses to provide services to patients, the public, or the medical profession. Meetings and courses shall include the following:

(A) Symposium. “Symposium” shall mean a conference of more than a single session organized for the purpose of discussing a specific subject from various viewpoints and by various speakers.

(B) Seminar. “Seminar” shall mean directed advanced study or discussion in a specific field of interest.

(C) Workshop. “Workshop” shall mean a series of meetings designed for intensive study, work, or discussion in a specific field of interest.

(D) Conference. “Conference” shall mean a formal meeting of a number of people for a discussion in a specific field of interest.

(E) Home study course. “Home study course” shall mean a correspondence course designed for advanced study in a specific field of interest.

(2) Leadership. Leadership shall include any presentation at one of the types of meetings described in paragraphs (f)(1)(A) through (D). The number of credits granted for leadership shall be the following:

(A) Six credits for instructor or instructor-trainer at a cardiopulmonary resuscitation (CPR) course provided by the American red cross, American heart association, or American safety and health institute; and

(B) two credits for the development of each one-hour presentation that meets the requirements of paragraph (f)(1)(A), (B), (C), or (D).

(3) Classwork. Classwork shall include the following:

(A) Six credits for satisfactory completion of an advanced life support class or a pediatric life support class provided by the American red cross, the American heart association, or the American safety and health institute; and

(B) 12 credits for each academic quarter or semester credit granted by a postsecondary educational institution in a course that is relevant to radiologic technology or patient care for which the student received a grade of at least C or its equivalent, or a grade of pass in a pass-fail course. Relevant courses shall include courses in the biologic sciences, physical sciences, radiologic sciences, health and medical sciences, social studies, communication, mathematics, computers, management, and education methodology.

(g) Each continuing education activity offered using distance-learning media shall qualify for continuing education credit if the activity is in one of the categories of continuing education experiences specified in subsection (f) and meets all of the following conditions:

(1) The activity has a mechanism in place for the user to be able to contact the provider regarding questions about the continuing education activity.

(2) The provider of the activity evaluates the user’s knowledge of the subject matter discussed in the continuing education activity.

(3) The activity limits the amount of time within which a user can complete the activity, which shall be no more than twice the number of hours for each credit awarded for the activity.

(4) The person or organization offering the activity provides a printed verification of completion of the activity or allows the user to print verification when the activity is completed. (Authorized by and implementing K.S.A. 65-7307 and K.S.A. 65-7312; effective Nov. 27, 2006; amended, T-100-8-31-22, Aug. 31, 2022; amended Dec. 30, 2022.)

Susan Gile
Acting Executive Director

Doc. No. 050750