Judges: Robert T. Stephan, Attorney General
Filed Date: 5/5/1993
Status: Precedential
Modified Date: 7/5/2016
Lawrence T. Buening, Jr. Executive Director Kansas Board of Healing Arts 235 S. Topeka Blvd. Topeka, Kansas 66603-3068
Dear Mr. Buening:
As executive director of the Kansas board of healing arts you inquire whether physical therapists regulated by K.S.A.
You indicate that physical therapists may evaluate patients without physician referral, but they may initiate treatment only after consultation and approval by a physician licensed to practice medicine and surgery, a licensed podiatrist, or a licensed dentist in appropriately related cases. K.S.A.
At issue is whether the legislature intended that physical therapists be restricted to referrals from Kansas licensed physicians.
The interpretation of a statute is a question of law and it is the court's function to interpret the statute to give it the intended effect. Unified School District No. 279 v. Sec'y of the KansasDepartment of Human Resources,
A perusal of the act's legislative history indicates a clear legislative intent not to restrict physical therapists to working only with physicians licensed in this state. See L. 1983, ch. 215, sec. 1 and Minutes, Senate Committee on Public Health and Welfare, February 16, 1993, attachment 10, (deleting the requirement that physical therapists shall practice under the direction of a physician licensed and registeredin this state.) We must presume the legislature intended the effect of these changes. Watkins v. Hartsock,
In conclusion we opine that physical therapists licensed pursuant to K.S.A.
Very truly yours,
ROBERT T. STEPHAN Attorney General of Kansas
Guen Easley Assistant Attorney General
RTS:JLM:GE:jm