Physician Assistant

General Counsel FAQs

Is a supervising physician required to sign-off on all records of patients treated by a physician assistant?

Only during the first 30 days of the supervising physician-PA relationship. Otherwise, K.A.R. 100-28a-10 provides discretion to the supervising physician and the PA in developing and implementing their own written method for evaluating the PA’s competence and reasonable skill and safety in providing services that constitute the practice of the healing arts and that are delegated to the PA by the supervising physician.

How many physician assistants can be supervised by a supervising physician when located at different practice locations?

If the physician assistants and their supervising physician practice at different locations, then up to three physician assistants may be supervised without Board approval so long as the supervising physician is able adequately to supervise each physician assistant. See K.A.R. 100-28a-17.

A different practice location is defined by K.A.R. 100-28a-1a(b) as any location at which a supervising physician is physically present less than 20 percent of the time that the practice location provides medical services to patients. A medical care facility, as defined by K.S.A. 65-425, and amendments thereto, is not a different practice location for purposes of the definition in K.A.R. 100-28a-1a(b) above.

The Board may approve up to five physician assistants who are located at different practice locations if the supervising physician submits a signed request that: (1) verifies the PAs combined hours do not exceed 200 per week; and (2) demonstrates the ability to supervise adequately each physician assistant.

Factors indicating adequate supervision are: (1) The supervising physician’s ability to meet the requirements for supervision specified in K.A.R. 100-28a-10; (2) the supervising physician’s ability to provide the types of supervision that may be specified in the written agreement with each PA; (3) the specialty and setting of each practice location at which each physician assistant will provide services; (4) the complexity of the patient population that each PA will be treating; and (5) the clinical experience and competency of each PA. See K.A.R. 100-28a-17.

How many physician assistants can be supervised by a supervising physician when both the PA and supervising physician practice at the same location?

There is no fixed limit on the number of physician assistants who may practice under a supervising physician if the supervising physician practices at the same practice location, but the supervising physician must still be able to supervise adequately each physician assistant and practice within the standard of care.

Can a physician assistant prescribe a controlled substance?

Can a physician assistant dispense prescription-only medications to a patient?

Pursuant to K.S.A. 65-28a08(b)(2), a PA may dispense prescription-only medications if authorized by their supervising physician and in accordance with rules and regulations adopted by the Board governing prescription-only drugs. The dispensing of the medications must be in the best interests of the patient and may only be done when pharmacy services are not readily available. Additionally, the quantity of the prescription-drugs dispensed shall not exceed a 72-hour supply.

Additionally, K.A.R. 100-28a-13(g) requires (1) the drug is provided to the PA, supervising physician, or employer at no cost; (2) the drug is commercially labeled and distributed in the original unit-dose container; and (3) there is no cost to the patient.

Is a physician co-signature required for a physician assistant’s orders and/or prescriptions.

What are the requirements for a physician assistant to practice at a different location from their supervising physician?

Pursuant to K.A.R. 100-28a-14, a physician assistant may practice at a different practice location if the PA has spent at least 80 hours since being licensed under the direct supervision of a physician licensed in this state. The different practice location must be listed on the active practice request form. The supervising physician or substitute supervising physician must remain available to provide guidance, direction, and coordination of the activities of the physician assistant. This availability may be provided by electronic means. Additionally, written notice that the different practice location is staffed primarily by a physician assistant shall be posted in a location where the notice is likely to be seen by patients.

Is there a specific distance range a supervising physician must maintain when a physician assistant is practicing at a different practice location?

There is not a specific geographical distance range articulated in the Board’s regulations for which a supervising physician needs to be within for purposes of supervising a physician assistant practicing at a different practice location. However, pursuant to K.A.R. 100-28a-14(b), the supervising physician shall remain available to provide guidance, direction, and coordination of the activities of the physician. This availability may be provided by electronic means. See also K.A.R. 100-28a-1a(f); K.A.R. 100-28a-9(f); K.A.R. 100-28a-9(e)(6).

Can a physician assistant own a professional corporation or professional LLC?

Pursuant to K.A.R. 100-28a-18, a physician assistant shall not hold more than 49 percent of the total number of shares issued by a professional corporation that is organized to render the professional services of a physician, surgeon or doctor of medicine, or osteopathic physician or surgeon. Additionally, a physician assistant shall not contribute more than 49 percent of the total amount of capital to a professional liability company that is organized to render the professional services of a physician, surgeon or doctor of medicine, or osteopathic physician or surgeon.

A physician assistant may own 100% of a professional business entity organized to render the professional services of a physician assistant. However, this business entity cannot employ, contract for, or otherwise offer the services of a physician. For example, a PA cannot own their own medical practice and have an arrangement for a physician to supervise them. If a PA wishes to form their own professional business entity, the Board strongly encourages that the PA obtain the assistance of private legal counsel who is knowledgeable about structuring health care practices and is familiar with the limitations on professional ownership and scope of services. K.S.A. 17-2707; K.S.A. 17-2710; K.S.A. 65-28a13; K.A.R. 100-28a-18.

How does a supervising physician and/or physician assistant terminate their supervisory relationship?

Can a physician assistant perform acts that constitute the practice of podiatry, and work under the supervision of a DPM?

K.S.A. 65-28a02 defines “direction and supervision” as the guidance, direction and coordination of the PA’s activities by the PA’s supervising physician. The statute further defines “physician” as a person licensed by the Board of Healing Arts to practice medicine and surgery. Therefore, a PA can only work under the direction and supervision of a Doctor of Medicine and Surgery (M.D.) or Doctor of Osteopathic Medicine and Surgery (D.O).

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.