- Counselors
- Social Workers
- Marriage and Family Therapists
- Psychologists
- Psychiatrists
- Nurses
- Medicaid Telehealth Parity Law
- Private Pay Telehealth Parity Law
- Payment Parity
- Permission for the Temporary Practice of Clinicians Licensed Outside the State
- Response to COVID-19
- Counselors
- Social Workers
- Marriage and Family Therapists
- Psychologists
- Psychiatrists
- Nurses
- Medicaid Telehealth Parity Law
- Private Pay Telehealth Parity Law
- Payment Parity
- Permission for the Temporary Practice of Clinicians Licensed Outside the State
- Response to COVID-19
Counselors
We are not aware of any specific rules and regulations of the practice of telemental health services for Counselors.
Marriage and Family Therapists
We are not aware of any specific rules and regulations of the practice of telemental health services for MFTs.
Psychologists
We are not aware of any specific rules and regulations of the practice of telemental health services for Psychologists.
Psychiatrists
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“ (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.” |
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History: L. 2018, ch. 98, § 3; July 1. |
Refer to the source provided for all requirements and limitations.
Kansas Professional Regulation/Health & Safety Online Prescribing
“The same laws and regulations that apply to the prescribing of drugs, including controlled substances, by means of in-person contact shall apply to the prescribing of drugs, including controlled substances, by means of telemedicine.”
Source:
KS Admin. Regs., Sec. 100-77-3. (Accessed Mar. 2020).
“Physicians must have a pre-existing patient-prescriber relationship. Physicians are prohibited from prescribing drugs on the basis of an internet-based questionnaire, internet-based consult, or telephonic consultation.”
Source:
KS Admin. Regs., Sec. 68-2-20(2). (Accessed Mar. 2020).
“Telemedicine may be used to establish a valid provider-patient relationship.”
Source:
KS Statute Ann. § 40-2,212(b). (Accessed Mar. 2020).
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
“The same laws and regulations that apply to the prescribing of drugs, including controlled substances, by means of in-person contact shall apply to the prescribing of drugs, including controlled substances, by means of telemedicine.”
Source:
KS Admin. Regs., Sec. 100-77-3. (Accessed Mar. 2020).
“Physicians must have a pre-existing patient-prescriber relationship. Physicians are prohibited from prescribing drugs on the basis of an internet-based questionnaire, internet-based consult, or telephonic consultation.”
Source:
KS Admin. Regs., Sec. 68-2-20(2). (Accessed Mar. 2020).
“Telemedicine may be used to establish a valid provider-patient relationship.”
Source:
KS Statute Ann. § 40-2,212(b). (Accessed Mar. 2020).
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.
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.
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).
Social Workers
We are not aware of any specific rules and regulations of the practice of telemental health services for Social Workers.