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Kansas

Counselors

We are not aware of any specific rules and regulations of the practice of telemental health services for Counselors.

Social Workers

We are not aware of any specific rules and regulations of the practice of telemental health services for Social Workers.

Marriage and Family Therapists

We are not aware of any specific rules and regulations of the practice of telemental health services for MFTs.

Psychologists

Source

“Kansas enacted bill KS SB 170 on 5/17/2021/Becomes Effective January 1, 2022)* to join the Psychology Interjurisdictional Compact (PSYPACT).”

“* indicates PSYPACT legislation has been enacted in a state but has not been formally adopted by the PSYPACT Commission.”

“PSYPACT authorizations are not yet valid in this state."

Source

102-1-19. "Services rendered to individuals located in this state.

Except as authorized by K.S.A. 74-5316, K.S.A 74-5344, and K.S.A. 74-5345, and amendments thereto, each person, regardless of the person’s location, who engages in either of the following activities shall be deemed to be engaged in the practice of

psychology in this state and shall be required to have a license, issued by the board, to practice psychology as a licensed psychologist:

 (a) performs any act included in subsection (a) of K.S.A. 74-5302, and amendments thereto, on or for one or more individuals located in this state; or

 (b) represents oneself to be a psychologist available to perform any act included in subsection (a) of K.S.A. 74-5302, and amendments thereto, on or for one or more individuals located in this state."

Refer to the source provided for all requirements and limitations.

Psychiatrists

Source:

“ (a) The same requirements for patient privacy and confidentiality under the health insurance portability and accountability act of 1996 and 42 C.F.R. § 2.13, as applicable, that apply to healthcare services delivered via in-person contact shall also apply to healthcare services delivered via telemedicine. Nothing in this section shall supersede the provisions of any state law relating to the confidentiality, privacy, security, or privileged status of protected health information.

(b) Telemedicine may be used to establish a valid provider-patient relationship.

(c) The same standards of practice and conduct that apply to healthcare services delivered via in-person contact shall also apply to healthcare services delivered via telemedicine.

(d) (1) A person authorized by law to provide and who provides telemedicine services to a patient shall provide the patient with guidance on appropriate follow-up care.

(2) (A) Except when otherwise prohibited by any other provision of law, when the patient consents and the patient has a primary care or other treating physician, the person providing telemedicine services shall send within three business days a report to such primary care or other treating physician of the treatment and services rendered to the patient in the telemedicine encounter.

(B) A person licensed, registered, certified, or otherwise authorized to practice by the behavioral sciences regulatory board shall not be required to comply with the provisions of subparagraph (A).

(e) This section shall take effect on and after January 1, 2019.”

 

Refer to the source provided for all requirements and limitations.

 Kansas Professional Regulation/Health & Safety Online Prescribing

Source

100-77-3. “Prescribing drugs by means of telemedicine. The same laws and regulations that apply to a healthcare provider prescribing drugs, including controlled substances, by means of in-person contact with a patient shall apply to prescribing drugs, including controlled substances, by means of telemedicine.“ (Authorized by and implementing K.S.A. 2018 Supp. 40-2,214; effective, T-100-12-28-18, Dec. 28, 2018; effective May 10, 2019.)

 Refer to the source provided for all requirements and limitations.

Nurses

“As a party state to the Nurse Licensure Compact (NLC), Kansas issues multistate licenses to nurses and applicants who reside in the state and recognizes multistate licenses issued by other party states, for practice in Kansas. A nurse holding a multistate license is entitled to practice in any NLC party state, but must comply at all times with the laws of the state where he or she is currently practicing.”

“It should be noted that not every state in the US is an NLC party state; a map of participating states, as well as further resources related to the NLC, are available on the Nurse Licensure Compact website.”

Refer to the source provided for all requirements and limitations.

Kansas Professional Regulation/Health & Safety Online Prescribing

Source

100-77-3. “Prescribing drugs by means of telemedicine. The same laws and regulations that apply to a healthcare provider prescribing drugs, including controlled substances, by means of in-person contact with a patient shall apply to prescribing drugs, including controlled substances, by means of telemedicine.“ (Authorized by and implementing K.S.A. 2018 Supp. 40-2,214; effective, T-100-12-28-18, Dec. 28, 2018; effective May 10, 2019.)

Refer to the source provided for all requirements and limitations

Medicaid Telehealth Parity Law

Source: Dept. of Health and Environment, Kansas Medical Assistance Program, Provider Manual, Home Health, p. AIII-18 to 19. (Jun. 2019)

Prior authorization is required for Medicaid reimbursement of home telehealth services. The service must be deemed medically necessary as well as meet other criteria.

Refer to the source provided for all requirements and limitations.

Originating Site Reimbursement: We are not aware of originating site requirements

Private Pay Telehealth Parity Law

Source: KS Statute Ann. § 40-2,213 (2018)

Same; application of; coverage parity established. (a) The provisions of this section shall apply to any individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital, and medical service corporation contract, fraternal benefit society, or health maintenance organization that provides coverage for accident and health services and that is delivered, issued for delivery, amended or renewed on or after January 1, 2019. The provisions of this section shall also apply to the Kansas medical assistance program.

(b) No individual or group health insurance policy, medical service plan, contract, hospital service corporation contract, hospital, and medical service corporation contract, fraternal benefit society, health maintenance organization, or the Kansas medical assistance program shall exclude an otherwise covered healthcare service from coverage solely because such service is provided through telemedicine, rather than in-person contact, or based upon the lack of a commercial office for the practice of medicine when such service is delivered by a healthcare provider.

(c) The insured's medical record shall serve to satisfy all documentation for the reimbursement of all telemedicine healthcare services, and no additional documentation outside of the medical record shall be required.

(d) Payment or reimbursement of covered healthcare services delivered through telemedicine may be established by an insurance company, nonprofit health service corporation, nonprofit medical and hospital service corporation, or health maintenance organization in the same manner as payment or reimbursement for covered services that are delivered via in-person contact are [is] established.

Refer to the source provided for all requirements and limitations.

Payment Parity

Source: KS Statute Ann. § 40-2,213 (2018)

(d) Payment or reimbursement of covered healthcare services delivered through telemedicine may be established by an insurance company, nonprofit health service corporation, nonprofit medical and hospital service corporation, or health maintenance organization in the same manner as payment or reimbursement for covered services that are delivered via in-person contact are [is] established.

Refer to the source provided for all requirements and limitations.

Permission for the Temporary Practice of Clinicians Licensed Outside the State

We are not aware of any permission that allows for services delivered by out-of-state providers.

Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at This email address is being protected from spambots. You need JavaScript enabled to view it. with a link to the source or a citation of the rule or regulation.

THTC Program Button

Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).

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