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Kansas House Bill HB2276

Kansas 2023-2024 Regular Session

Kansas House Bill HB2276 Compare Versions

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11 Session of 2023
22 HOUSE BILL No. 2276
33 By Committee on Health and Human Services
44 2-2
55 AN ACT concerning health and healthcare; relating to the Kansas healing
66 arts act; licensees; unprofessional conduct; prohibiting pelvic, rectal or
77 prostate exams on unconscious patients without informed consent;
88 amending K.S.A. 65-2837 and repealing the existing section.
99 Be it enacted by the Legislature of the State of Kansas:
1010 New Section 1. (a) No person licensed under this act shall knowingly
1111 perform or supervise the performance of a pelvic, rectal or prostate
1212 examination on an anesthetized or unconscious person unless:
1313 (1) The patient or the patient's authorized representative gives
1414 informed consent for the examination;
1515 (2) the examination is within the standard of care for the patient;
1616 (3) the patient is unconscious and the examination is necessary for
1717 diagnostic or treatment purposes;
1818 (4) a medical emergency exists, obtaining the patient's consent is
1919 impractical and the examination is necessary for diagnostic or treatment
2020 purposes; or
2121 (5) a court of competent jurisdiction finds that there is a compelling
2222 need for such examination and orders the performance of the examination
2323 for the collection of evidence.
2424 (b) The licensee shall notify the patient as soon after the examination
2525 as practicable that an examination has been performed pursuant to
2626 subsection (a)(3), (a)(4) or (a)(5).
2727 (c) Violation of this section shall constitute unprofessional conduct as
2828 defined in K.S.A. 65-2837, and amendments thereto.
2929 (d) As used in this section, "informed consent" means the signing of a
3030 consent form by a patient or person authorized to make healthcare
3131 decisions on behalf of such patient that:
3232 (1) Is written in plain language;
3333 (2) is dated;
3434 (3) includes a description of the procedure to be performed; and
3535 (4) states if there will be a medical student or medical resident who
3636 will perform or be present at the examination.
3737 (d) This section shall be a part of and supplemental to the Kansas
3838 healing arts act.
3939 Sec. 2. K.S.A. 65-2837 is hereby amended to read as follows: 65-
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7676 2837. As used in K.S.A. 65-2836, and amendments thereto, and in this
7777 section:
7878 (a) "Professional incompetency" means:
7979 (1) One or more instances involving failure to adhere to the
8080 applicable standard of care to a degree that constitutes gross negligence, as
8181 determined by the board.
8282 (2) Repeated instances involving failure to adhere to the applicable
8383 standard of care to a degree that constitutes ordinary negligence, as
8484 determined by the board.
8585 (3) A pattern of practice or other behavior that demonstrates a
8686 manifest incapacity or incompetence to practice the healing arts.
8787 (b) "Unprofessional conduct" means:
8888 (1) Solicitation ofSoliciting professional patronage through the use of
8989 fraudulent or false advertisements, or profiting by the acts of those
9090 representing themselves to be agents of the licensee.
9191 (2) Representing to a patient that a manifestly incurable disease,
9292 condition or injury can be permanently cured.
9393 (3) Assisting in the care or treatment of a patient without the consent
9494 of the patient, the attending physician or the patient's legal representatives.
9595 (4) The use of Using any letters, words or terms as an affix, on
9696 stationery, in advertisements or otherwise indicating that such person is
9797 entitled to practice a branch of the healing arts for which such person is
9898 not licensed.
9999 (5) Performing, procuring or aiding and abetting in the performance
100100 or procurement of a criminal abortion.
101101 (6) Willful betrayal ofWillfully betraying confidential information.
102102 (7) Advertising professional superiority or the performance of
103103 professional services in a superior manner.
104104 (8) Advertising to guarantee any professional service or to perform
105105 any operation painlessly.
106106 (9) Participating in any action as a staff member of a medical care
107107 facility that is designed to exclude or that results in the exclusion of any
108108 person licensed to practice medicine and surgery from the medical staff of
109109 a nonprofit medical care facility licensed in this state because of the
110110 branch of the healing arts practiced by such person or without just cause.
111111 (10) FailureFailing to effectuate the declaration of a qualified patient
112112 as provided in K.S.A. 65-28,107(a), and amendments thereto.
113113 (11) Prescribing, ordering, dispensing, administering, selling,
114114 supplying or giving any amphetamines or sympathomimetic amines,
115115 except as authorized by K.S.A. 65-2837a, and amendments thereto.
116116 (12) Engaging in conduct likely to deceive, defraud or harm the
117117 public.
118118 (13) Making a false or misleading statement regarding the licensee's
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162162 skill or the efficacy or value of the drug, treatment or remedy prescribed
163163 by the licensee or at the licensee's direction in the treatment of any disease
164164 or other condition of the body or mind.
165165 (14) Aiding or abetting the practice of the healing arts by an
166166 unlicensed, incompetent or impaired person.
167167 (15) Allowing another person or organization to use the licensee's
168168 license to practice the healing arts.
169169 (16) Commission ofCommitting any act of sexual abuse, misconduct
170170 or other improper sexual contact that exploits the licensee-patient
171171 relationship with a patient or a person responsible for health care
172172 healthcare decisions concerning such patient.
173173 (17) The use ofUsing any false, fraudulent or deceptive statement in
174174 any document connected with the practice of the healing arts including the
175175 intentional falsifying or fraudulent altering of a patient or medical care
176176 facility record.
177177 (18) Obtaining any fee by fraud, deceit or misrepresentation.
178178 (19) Directly or indirectly giving or receiving any fee, commission,
179179 rebate or other compensation for professional services not actually and
180180 personally rendered, other than through the legal functioning of lawful
181181 professional partnerships, corporations, limited liability companies or
182182 associations.
183183 (20) FailureFailing to transfer patient records to another licensee
184184 when requested to do so by the subject patient or by such patient's legally
185185 designated representative.
186186 (21) Performing unnecessary tests, examinations or services that have
187187 no legitimate medical purpose.
188188 (22) Charging an excessive fee for services rendered.
189189 (23) Prescribing, dispensing, administering or distributing a
190190 prescription drug or substance, including a controlled substance, in an
191191 improper or inappropriate manner, or for other than a valid medical
192192 purpose, or not in the course of the licensee's professional practice.
193193 (24) Repeated failureFailing repeatedly to practice healing arts with
194194 that level of care, skill and treatment that is recognized by a reasonably
195195 prudent similar practitioner as being acceptable under similar conditions
196196 and circumstances.
197197 (25) FailureFailing to keep written medical records that accurately
198198 describe the services rendered to the patient, including patient histories,
199199 pertinent findings, examination results and test results.
200200 (26) Delegating professional responsibilities to a person when the
201201 licensee knows or has reason to know that such person is not qualified by
202202 training, experience or licensure to perform them.
203203 (27) Using experimental forms of therapy without proper informed
204204 patient consent, without conforming to generally accepted criteria or
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248248 standard protocols, without keeping detailed legible records or without
249249 having periodic analysis of the study and results reviewed by a committee
250250 or peers.
251251 (28) Prescribing, dispensing, administering or distributing an anabolic
252252 steroid or human growth hormone for other than a valid medical purpose.
253253 Bodybuilding, muscle enhancement or increasing muscle bulk or strength
254254 through the use of an anabolic steroid or human growth hormone by a
255255 person who is in good health is not a valid medical purpose.
256256 (29) Referring a patient to a health care healthcare entity for services
257257 if the licensee has a significant investment interest in the health care
258258 healthcare entity, unless the licensee informs the patient in writing of such
259259 significant investment interest and that the patient may obtain such
260260 services elsewhere.
261261 (30) Failing to properly supervise, direct or delegate acts that
262262 constitute the healing arts to persons who perform professional services
263263 pursuant to such licensee's direction, supervision, order, referral,
264264 delegation or practice protocols.
265265 (31) Violating K.S.A. 65-6703, and amendments thereto.
266266 (32) Charging, billing or otherwise soliciting payment from any
267267 patient, patient's representative or insurer for anatomic pathology services,
268268 if such services are not personally rendered by the licensee or under such
269269 licensee's direct supervision. As used in this subsection, "anatomic
270270 pathology services" means the gross or microscopic examination of
271271 histologic processing of human organ tissue or the examination of human
272272 cells from fluids, aspirates, washings, brushings or smears, including blood
273273 banking services, and subcellular or molecular pathology services,
274274 performed by or under the supervision of a person licensed to practice
275275 medicine and surgery or a clinical laboratory. Nothing in this subsection
276276 shall be construed to prohibit billing for anatomic pathology services by:
277277 (A) A hospital;
278278 (B) a clinical laboratory when samples are transferred between
279279 clinical laboratories for the provision of anatomic pathology services; or
280280 (C) a physician providing services to a patient pursuant to a medical
281281 retainer agreement in compliance with K.S.A. 65-4978, and amendments
282282 thereto, when the bill to the patient for such services:
283283 (i) Identifies the laboratory or physician that performed the services;
284284 (ii) discloses in writing to the patient the actual amount charged by
285285 the physician or laboratory that performed the service; and
286286 (iii) is consistent with rules and regulations adopted by the board for
287287 appropriate billing standards applicable to such services when furnished
288288 under these agreements.
289289 (33) Engaging in conduct that violates patient trust and exploits the
290290 licensee-patient relationship for personal gain.
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334334 (34) Obstructing a board investigation including, but not limited to,
335335 engaging in one or more of the following acts:
336336 (A) Falsifying or concealing a material fact;
337337 (B) knowingly making or causing to be made any false or misleading
338338 statement or writing; or
339339 (C) other acts or conduct likely to deceive or defraud the board.
340340 (35) Violating section 1, and amendments thereto.
341341 (c) "False advertisement" means any advertisement that is false,
342342 misleading or deceptive in a material respect. In determining whether any
343343 advertisement is misleading, there shall be taken into account not only
344344 representations made or suggested by statement, word, design, device,
345345 sound or any combination thereof, but also the extent to which the
346346 advertisement fails to reveal facts material in the light of such
347347 representations made.
348348 (d) "Advertisement" means all representations disseminated in any
349349 manner or by any means for the purpose of inducing, or that are likely to
350350 induce, directly or indirectly, the purchase of professional services.
351351 (e) "Licensee" for purposes of this section and K.S.A. 65-2836, and
352352 amendments thereto, means all persons issued a license, permit or special
353353 permit pursuant to article 28 of chapter 65 of the Kansas Statutes
354354 Annotated, and amendments thereto.
355355 (f) "License" for purposes of this section and K.S.A. 65-2836, and
356356 amendments thereto, means any license, permit or special permit granted
357357 under article 28 of chapter 65 of the Kansas Statutes Annotated, and
358358 amendments thereto.
359359 (g) "Health careHealthcare entity" means any corporation, firm,
360360 partnership or other business entity that provides services for diagnosis or
361361 treatment of human health conditions and that is owned separately from a
362362 referring licensee's principle practice.
363363 (h) "Significant investment interest" means ownership of at least 10%
364364 of the value of the firm, partnership or other business entity that owns or
365365 leases the health care healthcare entity, or ownership of at least 10% of the
366366 shares of stock of the corporation that owns or leases the health care
367367 healthcare entity.
368368 Sec. 3. K.S.A. 65-2837 is hereby repealed.
369369 Sec. 4. This act shall take effect and be in force from and after its
370370 publication in the statute book.
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