May a Kansas pharmacist fill a prescription from an out-of-state physician assistant or APRN who lacks a Kansas license?

Plain-English summary

The Kansas Board of Pharmacy asked whether physician assistants and advanced practice registered nurses must hold Kansas licenses to prescribe medication in the state. The Attorney General answered yes.

Under the Kansas Pharmacy Act, pharmacists may dispense prescriptions written by practitioners and mid-level practitioners. The Act's definition of a mid-level practitioner covers a physician assistant licensed under the Physician Assistant Licensure Act and an APRN licensed under K.S.A. 65-1131 who has prescribing authority under Kansas law.

For physician assistants, the required license comes from the Kansas Board of Healing Arts. Once licensed, a PA may prescribe under the direction and supervision of a physician. For APRNs, the required license comes from the Kansas Board of Nursing. Once licensed, an APRN may prescribe medication. The opinion concludes that Kansas pharmacists may fill prescriptions from PAs and APRNs only when those prescribers hold the appropriate Kansas licenses.

What this means for you

Kansas pharmacists

The opinion treats a Kansas license as part of a PA's or APRN's authority to issue a prescription that a Kansas pharmacist may fill. A prescription from a PA or APRN who lacks the required Kansas license does not meet the opinion's reading of the Pharmacy Act.

Physician assistants

The opinion says a PA must be licensed by the Kansas Board of Healing Arts under K.S.A. 65-28a04 and must act under the direction and supervision of a physician to prescribe medication in Kansas.

Advanced practice registered nurses

The opinion says an APRN must hold a license from the Kansas Board of Nursing under K.S.A. 65-1131 before exercising prescribing authority under K.S.A. 65-1130(d).

Pharmacy and professional licensing regulators

The opinion reads the Pharmacy Act together with the separate PA and APRN licensing statutes. The prescriber's professional license determines whether the person qualifies as a Kansas mid-level practitioner with authority to prescribe.

Common questions

Q: Can any physician assistant prescribe medication in Kansas?
A: No. The opinion says the PA must be licensed by the Kansas Board of Healing Arts and must prescribe under the direction and supervision of a physician.

Q: Does an APRN need a Kansas license to prescribe in Kansas?
A: Yes. The opinion says an APRN must hold a Kansas Board of Nursing license under K.S.A. 65-1131 before exercising prescribing authority under K.S.A. 65-1130(d).

Q: Why does the pharmacist's authority depend on the prescriber's license?
A: The Pharmacy Act permits pharmacists to dispense prescriptions from practitioners or mid-level practitioners. Its mid-level-practitioner definition incorporates Kansas licensure requirements for PAs and APRNs.

Q: May a Kansas pharmacist fill a prescription from an unlicensed PA or APRN?
A: Not under the opinion's analysis. It concludes that pharmacists may fill PA and APRN prescriptions only when those practitioners hold the appropriate Kansas licenses.

Background and statutory framework

K.S.A. 65-1626a defines the practice of pharmacy to include dispensing and labeling drugs or devices pursuant to prescription orders. K.S.A. 65-1626 defines a prescription as a lawful order from a prescriber and defines a prescriber as a practitioner or mid-level practitioner.

K.S.A. 65-1626(tt) defines a mid-level practitioner by reference to Kansas licensing and prescribing statutes. For PAs, K.S.A. 65-28a04(a) requires licensure through the Kansas Board of Healing Arts, and K.S.A. 65-28a08(b) authorizes prescribing under physician direction and supervision. For APRNs, K.S.A. 65-1131 governs licensure through the Kansas Board of Nursing, and K.S.A. 65-1130(d) authorizes prescribing once licensed.

Citations and references

Pharmacy Act:

• K.S.A. 65-1625
• K.S.A. 65-1626a(b)(1)(B)
• K.S.A. 65-1626(ggg), (fff), (ddd), and (tt)

Physician assistants:

• K.S.A. 65-28a01 through K.S.A. 65-28a08
• K.S.A. 65-28a04(a), licensure through the Kansas Board of Healing Arts
• K.S.A. 65-28a08(b), prescribing under physician direction and supervision

Advanced practice registered nurses:

• K.S.A. 65-1113(a)
• K.S.A. 65-1130(a) and (d)
• K.S.A. 65-1131

Source

• Landing page: https://www.ag.ks.gov/reports-resources/ag-opinions
• Original PDF: https://www.ag.ks.gov/home/showpublisheddocument/25777/639201404739230000

Original opinion text

March 23, 2026

ATTORNEY GENERAL OPINION NO. 2026-7

Brenda L. Head
Frieden & Forbes LLP
1414 S.W. Ashworth Place, Suite 201
Topeka, KS 66604

Re: Public Health—Regulations of Pharmacists—Practice of Pharmacy Defined; Persons Engaged as Pharmacists

Public Health—Physician Assistants

Public Health—Regulation of Nursing—Nurses—Advanced Practice Registered Nurse Licensure

Synopsis: The Kansas Pharmacy Act authorizes Kansas pharmacists to dispense prescriptions written by mid-level practitioners. K.S.A. 65-1626(tt) defines mid-level practitioners as Physician Assistants licensed under the Physician Assistant Licensure Act and Advanced Practice Registered Nurses licensed under K.S.A. 65-1131. K.S.A. 65-28a04(a) requires Physician Assistants to be licensed by the Kansas Board of Healing Arts. Once licensed, K.S.A. 65-28a08(b) permits Physician Assistants, under the direction and supervision of a physician, to prescribe medications. Similarly, K.S.A. 65-1131 requires Advanced Practice Registered Nurses to be licensed through the Kansas Board of Nursing. Once licensed, K.S.A. 65-1130(d) permits Advanced Practice Registered Nurses to prescribe medications. In summary, Physician Assistants and Advanced Practice Registered Nurses must hold the appropriate Kansas license from their respective boards to have prescriptive authority in the state. Cited herein: K.S.A. 65-1625; 65-1626a; 65-1626; 65-28a01; 65-28a02; 65-28a03; 65-28a04; 65-28a06; 65-28a07; 65-28a08; 65-1113; 65-1130.

Dear Ms. Head,

As counsel for the Kansas Board of Pharmacy, you asked whether Physician Assistants (PAs) and Advanced Practice Registered Nurses (APRNs) need a Kansas license to have prescriptive authority in the state. Our analysis concludes that the Pharmacy Act requires PAs and APRNs to hold a Kansas license from the Kansas Board of Healing Arts (KBHA) and the Kansas Board of Nursing (KBN), respectively, to prescribe medication in Kansas.

The Kansas Pharmacy Act 1 defines the practice of pharmacy as, in part, "the compounding, dispensing, and labeling of drugs and devices pursuant to prescription orders." 2 Under the Act, a "prescription" is a lawful order created by a prescriber or their authorized agent "that communicates the prescriber's instructions for a prescription drug or device to be dispensed." 3 The Act defines "prescriber[s]" as "a practitioner or a mid-level practitioner." 4 Thus, pharmacists may only dispense prescription orders from practitioners or mid-level practitioners.

A "practitioner" is further defined under the Act as a "person licensed to practice medicine and surgery, dentist, podiatrist, veterinarian, [or] optometrist." 5 In contrast, a "mid-level practitioner" is specifically defined as:

[A]n advanced practice registered nurse issued a license pursuant to K.S.A. 65-1131, and amendments thereto, who has authority to prescribe drugs under K.S.A. 65-1130, and amendments thereto, or a physician assistant licensed pursuant to the physician assistant licensure act who has authority to prescribe drugs pursuant to a written agreement with a supervising physician under K.S.A. 65-28a02, and amendments thereto. 6

1 K.S.A. 65-1625.

2 K.S.A. 65-1626a(b)(1)(B).

3 K.S.A. 65-1626(ggg).

4 K.S.A. 65-1626(fff). But see K.A.R. 68-2-20(a)(1) (defining "prescriber" as "a 'practitioner' as defined by K.S.A. 65-1626 and amendments thereto, a 'mid-level practitioner' as defined by K.S.A. 65-1626 and amendments thereto, or a person authorized to issue a prescription by the laws of another state").

5 K.S.A. 65-1626(ddd).

6 K.S.A. 65-1626(tt) (emphases added).

Accordingly, a PA must be licensed under the Physician Assistant Licensure Act, and an APRN must be licensed under K.S.A. 65-1131 to have prescription authority in Kansas. Without the appropriate Kansas licensure, these mid-level practitioners are not authorized to prescribe medication in the state. 7

Physician Assistants

The Physician Assistant Licensure Act 8 is the primary legislation governing the qualifications and practice of PAs in Kansas. 9 It defines a PA as "a person who is licensed in accordance with the provisions of K.S.A. 65-28a04, and the amendments thereto, and who provides patient services under the direction and supervision of a supervising physician." 10 K.S.A. 65-28a04 requires licensure by the KBHA. 11

To be licensed as a PA by the KBHA, an individual must meet all the statutory requirements, including approved education and training, pass a board-approved examination, and providing any additional information deemed necessary by the board. 12 The KBHA is also authorized by statute to adopt additional rules and regulations "for carrying out the provisions of this act." 13 Upon fulfilling these requirements and receiving approval, the KBHA may issue a license. 14

Once licensed, a PA, working under the direction and supervision of a physician, is authorized to perform acts that constitute the practice of medicine and surgery, including prescribing medication. 15 Thus, a license through the KBHA is required for a PA to have prescriptive authority in the state of Kansas.

7 K.S.A. 65-28a06(a); K.S.A. 65-1130(a).

8 K.S.A. 65-28a01.

9 See K.S.A. 65-28a04(a).

10 K.S.A. 65-28a02(a)(4).

11 K.S.A. 65-28a04(a); see also K.S.A. 65-28a03.

12 K.S.A. 65-28a04(a).

13 K.S.A. 65-28a03(j).

14 See K.S.A. 65-28a03. A license "means any license or temporary license granted by the physician assistant licensure act." K.S.A. 65-28a02(a)(8).

15 K.S.A. 65-28a08(b).

Advanced Practice Registered Nurse

The Kansas Nurse Practice Act 16 is the primary legislation governing the qualifications and practice of APRNs in Kansas. 17 The Act defines an APRN as "a professional nurse who holds a license from the board to function as a professional nurse in an advanced role, and this advanced role shall be defined by the rules and regulations adopted by the board in accordance with K.S.A. 65-1130, and amendments thereto." In this context, "the board" refers to the KBN. 18

A person may not "announce or represent to the public" that they are an APRN unless they have complied with the requirements established by the KBN and hold a valid APRN license. 19 To obtain a license, an applicant must apply to the KBN and meet all requirements. 20 Upon fulfilling these requirements, "the board may issue a license … authorizing the applicant to perform the duties of an advanced practice registered nurse." 21 Once licensed, an APRN may prescribe medication. 22 Thus, a license through the KBN is required for a APRN to have prescriptive authority in Kansas.

In conclusion, the Pharmacy Act requires PAs and APRNs to hold valid licenses from the KBHA and KBN, respectively, to obtain prescriptive authority in Kansas. As a result, Kansas pharmacists may only fill prescriptions issued by PAs and APRNs licensed in Kansas.

Sincerely,

/s/ Kris W. Kobach

Kris W. Kobach
Attorney General

/s/ Miranda R. Neal

Miranda R. Neal
Assistant Solicitor General

16 K.S.A. 65-1134.

17 See K.S.A. 65-1131.

18 K.S.A. 65-1113(a).

19 K.S.A. 65-1130(a).

20 K.A.R. 60-11-103.

21 K.S.A. 65-1131.

22 K.S.A. 65-1130(d).