Out-of-State Physicians

General Counsel FAQs

May an out-of-state Practitioner order services for their patient who is located in Kansas, and may a Kansas facility or health professional accept an order from an out-of-state Practitioner for those

A physician appropriately licensed out-of-state may order services for their patient located within the State of Kansas. The order must meet the requirements found in K.A.R. 100-26-2 and meet the standard of care required in Kansas. Any health care facility or health professional may perform a diagnostic professional service or therapeutic professional service pursuant to a valid order from a licensed, out-of-state Practitioner. See K.S.A. 65-2872; K.A.R. 100-26-1; K.A.R. 100-26-2; K.A.R. 100-26-3.

May an out-of-state physician write a prescription for their patient to be filled in Kansas?

An appropriately licensed out-of-state physician may convey verbal, written or electronic communication to health professionals and patients (or the authorized representatives) in Kansas that is incidental to lawfully provided services, including, but not limited to orders for therapeutic professional services such as prescriptions assuming all other requirements are met, and the physician complies with applicable standards of care. See K.A.R. 100-26-1; 100-26-2.

May an out-of-state physician do a first-read, interpretation, or diagnosis on lab work, pathology specimens, or x-rays for patients in Kansas without having a Kansas medical license?

No. K.A.R. 100-26-1 clarifies that, regardless of the physician's location, the practice of medicine occurs where the patient is located. The physician must be licensed in Kansas.

K.S.A. 65-2872(j) provides an exception for out-of-state practitioners that are “incidentally called into the state in consultation with Practitioners licensed in this state.” The Board has consistently, opined that if a radiologist performs a first-read of an x-ray for a Kansas patient, Kansas licensure is required. If an out-of-state radiologist does an over-read to confirm or clarify a Kansas physician's initial impression, that service may be a consult, and the out-of-state physician may not need a Kansas license. The requirements of an employer or health care facility may impose contractual or privilege requirements not codified in Kansas law. In addition, Kansas hospitals are licensed by the Kansas Department of Health and Environment (“KDHE”). K.A.R. 28-34-12(l) requires interpretation of all radiological examinations in hospital to be made by physicians, a term which is defined at K.A.R. 28-34-1a(v) to mean a person licensed to practice medicine in Kansas. As a result, images for hospitals must first be read by a Kansas-licensed physician, but the Kansas physician may consult with an out-of-state physician for a second read if there are no other contractual or conditions imposed under the circumstances.

This message is from the Office of the General Counsel who represents the Board. The Office of the General Counsel does not render legal advice or services to private individuals or entities. All statements are intended as general guidance to hypothetical questions and do not necessarily represent the position of the Board. No warranties or representations are made regarding the completeness or adequacy of the information provided. Information on the Board’s website is general guidance, not legal advice, and does not establish an attorney-client relationship. For individualized advice on a particular topic, please consult independent legal counsel.