Kansas Attorney General Opinion 1992-140

ROBERT T. STEPHAN
ATTORNEY GENERAL
November 6, 1992
ATTORNEY GENERAL OPINION NO. 92-1 4 0
Ted D. Ayres
General Counsel
Kansas Board of Regents
Suite 609, Capitol Tower
400 S.W. 8th
Topeka, Kansas 66603-3925
Re: State Boards, Commissions and Authorities--State
Board of Regents--Scholarships for Kansas
Osteopathic Students; Agreements; Practice
Obligations; Primary Care Residency or Practice
Synopsis: K.S.A. 1991 Supp. 74-3266 requires primary care
practice in the designated underserved areas of
this state for osteopathic scholarship agreements
entered into after June 30, 1988. We find no
similar requirement for completing residency in a
primary care specialty, but would encourage
notifying students, prior to entering residency, of
the primary care practice obligations. Cited
herein: K.S.A. 1991 Supp. 74-3266; 76-374; 76-375;
L. 1988, ch. 362, § 3.
Dear Mr. Ayres:
You request our opinion regarding the Kansas osteophatic
scholarship program. Specifically, you inquire whether 1988
amendments to K.S.A. 74-3266 require scholarship recipients to
complete a "primary care" residency and practice "primary
care" for the designated amount of time in certain underserved
geographic locations in Kansas. "Primary care" is defined in

K.S.A. 1991 Supp. 76-374(g) as "general pediatrics, general
internal medicine and family practice."
The osteopathic scholarship program is administered by the
Kansas board of regents pursuant to K.S.A. 74-3265 through
74-3268a, as amended. To receive a scholarship under this
program, students must agree to: complete the required course
of instruction culminating in receipt of the degree of doctor
of osteopathy; obtain a Kansas license to practice medicine
and surgery; and engage in such practice for 12 months for
each scholarship awarded, such practice to commence within 9
months of being licensed or completing a residency program.
K.S.A. 1991 Supp. 74-3266(a). In 1988 K.S.A. 74-3266 was
amended by adding the following provisions:
"(b) Each Kansas student who enters into
an agreement under this section after June
30, 1988, shall serve the practice
obligations incurred by such student under
such agreement within an area of the state
designated as a service commitment area I
pursuant to K.S.A. 76-375 and amendments
thereto. Such student shall select a
service commitment area I in accordance
with the provisions of K.S.A. 76-375 and
amendments thereto and shall be subject to
the provisions of subsections (c) and (d)
of such K.S.A. 76-375 and amendments
thereto in the same manner and to the same
effect as a person required to engage in
the full-time practice of medicine and
surgery in a service commitment area I
pursuant to any agreement under K.S.A.
76-373 through 76-377a and amendments
thereto, except that in lieu of informing
or notifying the university of Kansas
school of medicine of certain matters
under the provisions of subsections (c)
and (d) of such K.S.A. 76-375 and
amendments thereto such student shall
inform and notify the state board of
regents thereof.
"(c) A person awarded a scholarship in
accordance with the provisions of K.S.A.
74-3265 through 74-3268 and amendments
thereto may satisfy the obligation to
engage in the practice of medicine and

surgery, under an agreement entered into
pursuant to this section, even though such
person is engaged in practice in an area
not designated a medically underserved
area by specialty, or a critically
medically underserved area by specialty,
through employment on a part-time basis by
the state board of regents, for the
practice of medicine and surgery at any
state medical care facility or
institution. . . ." L. 1988, ch. 362, § 3.
According to the minutes of the house committee on
appropriations, these amendments were offered to address two
concerns: "first, it requires that recipients of osteopathic
scholarships serve in medically underserved areas in repaying
the state, as is currently required of the recipients of
medical scholarships; and secondly, it allows all medical
scholarship recipients to serve in state institutions on a
part-time basis and still be in compliance with the
requirements for restitution." Dr. A.J. Yarmat of the
university of Kansas medical center, speaking in support of
the proposed amendments, pointed out that "this bill if
enacted would address a limited number of specialties, because
the institutions would basically need general practice or
family practice physicians." Minutes, House Committee on
Appropriations, Jan. 20, 1988.
It is our understanding that the underserved locations
designated as service commitment area I traditionally cannot
support a full-time practice in specialities other than those
considered primary care. Thus, the purpose of requiring
service in these areas would not be furthered if the
scholarship recipient chose to practice in a non-primary care
specialty which is not a demand in such locations. Further,
K.S.A. 1991 Supp. 74-3266 specifically references and adopts
provisions of K.S.A. 1991 Supp. 76-375 which, in subsection
(e)(3), makes clear that for scholarships awarded after
January 1, 1986 the service obligation must be in a primary
care specialty. For these reasons the board of regents has
interpreted K.S.A. 1991 Supp. 74-3266 to require, after June
30, 1988, primary care practice in a service commitment area
I. We believe this interpretation to be reasonable and thus,
in accordance with the rule granting deference to reasonable
agency interpretation of statutes it administers [Kaufman v.
State Dept. of SRS, 248 Kan. 951, 960 (1991)], we opine that
K.S.A. 1991 Supp. 74-3266 requires primary care practice in
the designated underserved areas of this state for osteopathic

scholarship agreements entered into after June 30, 1988. We
find no similar requirement for completing residency in a
primary care specialty, but would encourage notifying
students, prior to entering residency, of the primary care
practice obligations.
Very truly yours,
ROBERT T. STEPHAN
Attorney General of Kansas
Julene L. Miller
Deputy Attorney General
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