Ownership: Kansas recognizes the corporate practice of medicine doctrine: case law (St.
Certificate of need: Kansas has no certificate of need program, so physician offices, ASCs and imaging centers do not need state approval of need.
Nurse practitioners: AANP classifies Kansas as full practice; under K.S.A. 65-1130 APRNs may prescribe drugs and durable medical equipment consistent with their role and population focus without a physician agreement or hours requirement, must register with DEA to prescribe controlled substances, and must carry malpractice insurance.
Who can own a medical clinic in Kansas
Kansas recognizes the corporate practice of medicine doctrine: case law (St. Francis Regional Medical Center v. Weiss, 1994) holds that a general corporation cannot practice medicine, with licensed hospitals the main exception. Physician practices are typically professional corporations or similar entities owned by licensees, and lay investors usually participate through a management services arrangement.
Sources: ndlegis.gov, ksrevisor.gov
Business entity and registration
Physicians commonly form a professional corporation under the Kansas Professional Corporation Law, whose shares may be issued only to qualified persons certified as licensed to render the same type of professional service (or qualifying partnerships and professional corporations); professional LLCs are also used. Entities are filed with the Kansas Secretary of State.
Sources: ksrevisor.gov, sos.ks.gov
Certificate of need in Kansas
Kansas has no certificate of need program, so physician offices, ASCs and imaging centers do not need state approval of need.
Sources: ncsl.org
Licenses, registrations and state agencies
Medical care facilities (hospitals, ambulatory surgical centers and recuperation centers) must be licensed, with KDHE as the licensing department; the statute states that a physician's office does not have to be licensed as an ASC.
Sources: ksrevisor.gov, ksrevisor.gov, kdhe.ks.gov
Kansas-specific requirements to know
Pharmacies must report all controlled substance dispensing to K-TRACS, the Board of Pharmacy's PDMP, which prescribers use to review patient history; no prescriber mandate to check K-TRACS was confirmed. APRNs practice and prescribe without physician agreements, which makes NP-led primary care clinics feasible, but PA prescribing still requires a written agreement with a supervising physician.
Sources: pharmacy.ks.gov, ksrevisor.gov, ksrevisor.gov
Agencies you will deal with
- Medical board: Kansas State Board of Healing Arts
- Board of nursing: Board of nursing
- Board of pharmacy: Board of pharmacy
- Business registration: Kansas Secretary of State, Business Services
- Facility licensing: Kansas Department of Health and Environment (KDHE), Health Licensing and Permitting
- Medicaid enrollment: KanCare / Kansas Medical Assistance Program (KMAP)
Nurse practitioners and physician assistants
Nurse practitioners: AANP classifies Kansas as full practice; under K.S.A. 65-1130 APRNs may prescribe drugs and durable medical equipment consistent with their role and population focus without a physician agreement or hours requirement, must register with DEA to prescribe controlled substances, and must carry malpractice insurance.
Sources: aanp.org, ksrevisor.gov
Physician assistants: PAs practice in a dependent role under a supervising physician, may prescribe only under a written agreement with that physician, and the Board of Healing Arts sets by rule how many PAs one physician may supervise.
Sources: ksrevisor.gov
Med spas, injectables and IV therapy in Kansas
Under the strict CPOM rule, the medical services of a med spa should sit in a physician-owned entity. Confirm the details with the state board and a healthcare attorney.
Sources: ndlegis.gov
Planning an aesthetic or IV business? See how to start a med spa and how to start an IV therapy business.
Step-by-step checklist in Kansas
- Choose your structure and check ownership rules. Decide who will own the practice and confirm it fits Kansas’s corporate practice of medicine rules. Kansas recognizes the corporate practice of medicine doctrine: case law (St.
- Form the entity with the Kansas Secretary of State, Business Services. Physicians commonly form a professional corporation under the Kansas Professional Corporation Law, whose shares may be issued only to qualified persons certified as licensed to render the same type of professional service (or qualifying partnerships and professional corporations); professional LLCs are also used.
- Get federal numbers. Apply for an EIN from the IRS, then a Type 2 NPI for the practice and Type 1 NPIs for each clinician through NPPES.
- Confirm licenses with the Kansas State Board of Healing Arts. Every physician needs a Kansas license. Check the board’s rules for any practice registrations, supervision agreements or office requirements before opening.
- Check certificate of need and facility licensing. Kansas has no certificate of need program, so physician offices, ASCs and imaging centers do not need state approval of need.
- Register to prescribe. Register with the DEA for controlled substances and complete any Kansas controlled substance registration and prescription monitoring program enrollment. Pharmacies must report all controlled substance dispensing to K-TRACS, the Board of Pharmacy's PDMP, which prescribers use to review patient history; no prescriber mandate to check K-TRACS was confirmed.
- Set up lab, safety and privacy basics. Get a CLIA certificate if you will run any lab tests, including waived tests, and put HIPAA privacy and security and OSHA policies in place.
- Enroll with Medicare, Medicaid and insurers. Enroll in Medicare through PECOS, enroll with KanCare / Kansas Medical Assistance Program (KMAP) and start commercial credentialing early, because payer enrollment often takes months.
- Plan staffing around NP and PA rules. AANP classifies Kansas as full practice; under K.S.A. 65-1130 APRNs may prescribe drugs and durable medical equipment consistent with their role and population focus without a physician agreement or hours requirement, must register with DEA to prescribe controlled substances, and must carry malpractice insurance.
- Launch your marketing before opening day. Claim your Google Business Profile, publish a website with online booking and start ads and content four to eight weeks before you open, so the schedule is not empty on day one.
The national steps are explained in more detail in our guide to how to start a medical clinic, and costs are broken down in how much it costs to start a clinic.
Marketing a new clinic in Kansas
New clinics usually fail on cash flow before they fail on care. The fastest fix is patients booked before opening day: a complete Google Business Profile, a website with online booking, local search ads and a few weeks of social content showing the team and the space. We run that launch for new clinics and keep it going once the doors open.
Plan your Kansas launch with us →
Sources
- https://ndlegis.gov/assembly/67-2021/testimony/SHUMSER-2128-20210125-3125-F-TRAYNOR_PAT.pdf
- https://www.ksrevisor.gov/statutes/chapters/ch65/065_028_0003.html
- https://www.ksrevisor.gov/statutes/chapters/ch17/017_027_0012.html
- https://sos.ks.gov/business/business.html
- https://www.ncsl.org/health/certificate-of-need-state-laws
- https://www.aanp.org/advocacy/kansas
- https://www.ksrevisor.gov/statutes/chapters/ch65/065_011_0030.html
- https://www.ksrevisor.gov/statutes/chapters/ch65/065_028a_0008.html
- https://www.ksrevisor.gov/statutes/chapters/ch65/065_004_0025.html
- https://www.ksrevisor.gov/statutes/chapters/ch65/065_004_0027.html
- https://www.kdhe.ks.gov/
- https://pharmacy.ks.gov/k-tracs