Article 26.--SERVICES RENDERED
TO INDIVIDUALS LOCATED IN THIS STATE

K.A.R. 100-26-1. Services rendered to individuals located in this state. (a) Except as authorized by K.S.A. 65-2872 and amendments thereto and this article, each person, regardless of location, who performs any act specified in K.S.A. 65-2802(a) and amendments thereto or who issues an order for any service that constitutes the practice of the healing arts on an individual located in this state shall be deemed to be engaged in the practice of the healing arts in this state.
(b) Nothing in this article shall be construed to prohibit an out-of-state practitioner, as defined by K.A.R. 100-26-2, from providing verbal, written, or electronic communication that is incidental to the services lawfully provided by the out-of-state practitioner and that is conveyed to any of the following individuals located in this state:
(1) Any health professional;
(2) any patient; or
(3) any individual authorized to act on behalf of a patient. (Authorized by K.S.A. 65-2865 and 65-2872, as amended by L. 2005, Ch. 117, §1; implementing K.S.A. 65-2872, as amended by L. 2005, Ch. 117, §1; effective June 20, 1994; amended, T-100-8-22-05, Aug. 22, 2005; amended, T-100-12-20-05, Dec. 20, 2005; amended March 17, 2006.)

K.A.R. 100-26-2. Definitions. As used in this article, the following definitions shall apply: (a) ‘‘Diagnostic professional service’’ means the testing of a human being for the detection or evaluation of a disease, ailment, deformity, or injury within this state pursuant to the valid order of an out-of-state practitioner.
(b) ‘‘Health care facility’’ means an entity licensed by the secretary of the Kansas department of health and environment or by the secretary of the department of social and rehabilitation services of the state of Kansas to provide any service that constitutes the practice of the healing arts. This term shall include any persons who are employed by the health care facility to implement the orders issued by licensees of the board.
(c) ‘‘Health professional’’ means an individual who is licensed, registered, or certified by a Kansas regulatory agency and who renders services, directly or indirectly, for the purpose of any of the following:
(1) Preventing physical, mental, or emotional illness;
(2) detecting, diagnosing, and treating illness;
(3) facilitating recovery from illness; or
(4) providing rehabilitative or continuing care following illness.
(d) ‘‘Licensee’’ means a person licensed by the board to practice the healing arts.
(e) ‘‘Out-of-state practitioner’’ means an individual who is licensed in another state to practice a branch of the healing arts without suspension or disciplinary limitation to issue a valid order, if that individual does not maintain an office or appoint a place to regularly meet patients or receive calls within the state of Kansas.
(f) ‘‘Therapeutic professional service’’ means any treatment for the cure, relief, palliation, adjustment, or correction of any human disease, ailment, deformity, or injury.
(g) ‘‘Valid order’’ means an order by an out-of-state practitioner for a diagnostic professional service or therapeutic professional service that is transmitted orally, electronically, or in writing, if all of the following conditions are met:
(1) The order is within the lawful scope of authority of the out-of-state practitioner.
(2) The order may be lawfully ordered or provided by a licensee in this state who practices the same branch of the healing arts as that of the out-of-state practitioner.
(3) The order is issued by an out-of-state practitioner who is not any of the following:
(A) A licensee whose license is suspended;
(B) an individual who previously was a licensee whose
license is revoked under K.S.A. 65-2836 and amendments thereto; or
(C) a licensee whose license has a limitation by the board that prohibits the order. (Authorized by and implementing K.S.A. 65-2872, as amended by L. 2005, Ch. 117, § 1; effective, T-100-8-22-05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)

K.A.R. 100-26-3. Orders for diagnostic professional services and therapeutic professional services. (a) Any health care facility may perform a diagnostic professional service or therapeutic professional service pursuant to the valid order of an out-of-state practitioner.
(b) Any health professional may perform a diagnostic professional service outside of a health care facility pursuant to the valid order of an out-of-state practitioner. (Authorized by and implementing K.S.A. 65-2872, as
amended by L. 2005, Ch. 117, § 1; effective, T-100-8-22-
05, Aug. 22, 2005; effective, T-100-12-20-05, Dec. 20, 2005; effective March 17, 2006.)