Kansas 2023-2024 Regular Session

Kansas House Bill HB2791 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2024
2	2	HOUSE BILL No. 2791
3	3	By Committee on Health and Human Services
4	4	Requested by Representative Bryce
5	5	2-9
6	6	AN ACT concerning children and minors; relating to healthcare of minors;
7	7	enacting the forbidding abusive child transitions act; prohibiting
8	8	healthcare professionals from treating a child whose gender identity is
9	9	inconsistent with the child's sex; authorizing a civil cause of action
10	10	against healthcare professionals for providing such treatments;
11	11	restricting use of state funds to promote gender transitioning;
12	12	prohibiting professional liability insurance from covering damages for
13	13	healthcare providers that provide gender transition treatment to
14	14	children; authorizing professional discipline against a physician who
15	15	performs such treatments; amending K.S.A. 65-2837 and K.S.A. 2023
16	16	Supp. 65-1120 and repealing the existing sections.
17	17	Be it enacted by the Legislature of the State of Kansas:
18	18	New Section 1. (a) The provisions of sections 1 through 7, and
19	19	amendments thereto, shall be known and may be cited as the forbidding
20	20	abusive child transitions act.
21	21	(b) As used in this act:
22	22	(1) "Child" means an individual less than 18 years of age.
23	23	(2) "Female" means an individual who is a member of the female sex.
24	24	(3) "Gender" means the psychological, behavioral, social and cultural
25	25	aspects of being male or female.
26	26	(4) "Gender dysphoria" is the diagnosis of gender dysphoria in the
27	27	fifth edition of the diagnostic and statistical manual of mental disorders.
28	28	(5) "Healthcare provider" means an individual who is licensed,
29	29	certified or otherwise authorized by the laws of this state to administer
30	30	healthcare services in the ordinary course of the practice of such
31	31	individual's profession.
32	32	(6) "Male" means an individual who is a member of the male sex.
33	33	(7) "Perceived sex" is an individual's internal sense of such
34	34	individual's sex.
35	35	(8) "Perceived gender" is an individual's internal sense of such
36	36	individual's gender.
37	37	(9) "Sex" means the biological indication of male and female in the
38	38	context of reproductive potential or capacity, including sex chromosomes,
39	39	naturally occurring sex hormones, gonads and nonambiguous internal and
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75	75	external genitalia present at birth, without regard to an individual's
76	76	psychological, chosen or subjective experience of gender.
77	77	(10) "Social transitioning" means acts other than medical or surgical
78	78	interventions that are undertaken for the purpose of presenting as a
79	79	member of the opposite sex, including the changing of an individual's
80	80	preferred pronouns or manner of dress.
81	81	New Sec. 2. (a) A recipient of state funds shall not use such funds to
82	82	provide or subsidize medication or surgery as a treatment for a child's
83	83	perception of gender or sex that is inconsistent with such child's sex.
84	84	(b) An indiviudal or entity that receives state funds to pay for or
85	85	subsidize the treatment of children for psychological conditions, including
86	86	gender dysphoria, shall not promote or advocate medication or surgery as a
87	87	treatment for a child whose perceived gender or perceived sex is
88	88	inconsistent with such child's sex.
89	89	(c) The Kansas program of medical assistance and its managed care
90	90	organizations shall not reimburse or provide coverage for medication or
91	91	surgery as a treatment for a child whose perceived gender or perceived sex
92	92	is inconsistent with such child's sex.
93	93	(d) Except to the extent required by the first amendment to the United
94	94	States constitution, a state property, facility or building shall not be used to
95	95	promote or advocate the use of social transitioning, medication or surgery
96	96	as a treatment for a child whose perceived gender or perceived sex is
97	97	inconsistent with such child's sex.
98	98	(e) A state property, facility or building shall not be used to prescribe,
99	99	administer or dispense medication or perform surgery as a treatment for a
100	100	child whose perceived gender or perceived sex is inconsistent with such
101	101	child's sex.
102	102	(f) A state employee whose official duties include the care of children
103	103	shall not, while engaged in those official duties, provide or promote the
104	104	use of social transitioning, medication, or surgery as a treatment for a child
105	105	whose perceived gender or perceived sex is inconsistent with such child's
106	106	sex.
107	107	New Sec. 3. (a) A healthcare professional shall obtain informed
108	108	consent from a child's parent or guardian before discussing with a child the
109	109	possibility of social transitioning, medication or surgery as a treatment for
110	110	a child whose perceived gender or perceived sex is inconsistent with such
111	111	child's sex.
112	112	(b) For purposes of this act, informed consent requires notice:
113	113	(1) That social transitioning, medication and surgery may have an
114	114	iatrogenic effect such that, beginning with one treatment, the discordance
115	115	between the child's perception and such child's sex may increase, requiring
116	116	even more treatment;
117	117	(2) regarding puberty blockers and that such medications:
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161	161	(A) have not been approved by the federal food and drug
162	162	administration as a treatment for gender dysphoria;
163	163	(B) have been used to chemically castrate sex offenders;
164	164	(C) have known harms, including diminished bone density and
165	165	infertility;
166	166	(D) may have permanent negative effects on adult sexual function;
167	167	(E) have not been studied to determine the long-term risks to children
168	168	who have persistent exposure to puberty blockers; and
169	169	(F) have unknown effects on brain development and cognition;
170	170	(3) regarding cross-sex hormones and that the use of such
171	171	medications is associated with:
172	172	(A) In males, the risk of thromboembolic disease including blood
173	173	clots, cholelithiasis including gallstones, coronary artery disease including
174	174	heart attacks, macroprolactinoma, which is a tumor of the pituitary gland,
175	175	cerebrovascular disease including strokes, hypertriglyceridemia, which is
176	176	an elevated level of triglycerides in the blood, breast cancer and
177	177	irreversible infertility; and
178	178	(B) in females, the risk of erythrocytosis, which is an increase in red
179	179	blood cells, severe liver dysfunction, coronary artery disease including
180	180	heart attacks, hypertension and increased risk of breast and uterine
181	181	cancers; and
182	182	(4) that for surgical procedures, the risks, complications and long-
183	183	term concerns associated with these types of procedures are almost
184	184	entirely unknown because there are no long-term studies on either the
185	185	effectiveness or safety of such procedures.
186	186	(c) If a healthcare professional fails to obtain informed consent in
187	187	accordance with this section before knowingly discussing with a child the
188	188	possibility of social transitioning, medication or surgery as a treatment for
189	189	a child whose perceived gender or perceived sex is inconsistent with such
190	190	child's sex:
191	191	(1) The healthcare professional has engaged in unprofessional
192	192	conduct and is subject to discipline by the appropriate licensing entity or
193	193	disciplinary review board with competent jurisdiction in this state.
194	194	New Sec. 4.(a) Except as provided in subsection (c), a healthcare
195	195	provider shall not knowingly provide the following to a female child
196	196	whose perceived gender or sex is not female as treatment for distress
197	197	arising from such female child's perception that such child's gender or sex
198	198	is not female:
199	199	(1) Surgical procedures, including vaginectomy, hysterectomy,
200	200	oophorectomy, ovariectomy, reconstruction of the urethra, metoidioplasty
201	201	phalloplasty, scrotoplasty, implantation of erection or testicular protheses,
202	202	subcutaneous mastectomy, voice surgery, liposuction, lipofilling or
203	203	pectoral implants;
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247	247	(2) supraphysiologic doses of testosterone or other androgens; or
248	248	(3) puberty blockers such as GnRH agonists or other synthetic drugs
249	249	that suppress the production of estrogen and progesterone to delay or
250	250	suppress pubertal development in female children.
251	251	(b) Except as provided in subsection (b), a healthcare provider shall
252	252	not knowingly provide the following to a male child whose perceived
253	253	gender or sex is not male as treatment for distress arising from such male
254	254	child's perception that such child's gender or sex is not male:
255	255	(1) Surgical procedures, including a penectomy, orchiectomy,
256	256	vaginoplasty, clitoroplasty, vulvoplasty, augmentation mammoplasty, facial
257	257	feminization surgery, liposuction, lipofilling, voice surgery, thyroid
258	258	cartilage reduction or gluteal augmentation;
259	259	(2) supraphysiologic doses of estrogen; or
260	260	(3) puberty blockers such as GnRH agonists or other synthetic drugs
261	261	that suppress the production of testosterone or delay or suppress pubertal
262	262	development in male children.
263	263	(c) The treatments prohibited by subsections (a) and (b) shall not
264	264	apply to treatment provided for other purposes, including:
265	265	(1) Treatment for individuals born with a medically verifiable
266	266	disorder of sex development, including:
267	267	(A) An individual born with external biological sex characteristics
268	268	that are irresolvably ambiguous, including an individual born with 46 XX
269	269	chromosomes with virilization, 46 XY chromosomes with under
270	270	virilization or having both ovarian and testicular tissue; or
271	271	(B) an individual whom a physician has otherwise diagnosed with a
272	272	disorder of sexual development that the physician has determined through
273	273	genetic or biochemical testing that such individual does not have normal
274	274	sex chromosome structure, sex steroid hormone production or sex steroid
275	275	hormone action for a male or female; and
276	276	(2) treatment of any infection, injury, disease or disorder that has
277	277	been caused or exacerbated by the performance of a procedure listed in
278	278	subsections (a) or (b).
279	279	New Sec. 5. (a) If a healthcare professional violates the provisions of
280	280	section 3 or 4, and amendments thereto:
281	281	(1) The healthcare professional has engaged in unprofessional
282	282	conduct and is subject to discipline by the appropriate licensing entity or
283	283	disciplinary review board with competent jurisdiction in this state.
284	284	(b) A healthcare professional who provides treatment to a child in
285	285	violation of section 4(a) or (b), and amendments thereto, shall be held
286	286	strictly liable to such child if the treatment or effects of such treatment
287	287	results in any physical, psychological, emotional or physiological harms to
288	288	such child in the next 30 years.
289	289	(c) The parents of a child who has experienced violation of section 3
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333	333	or 4, and amendments thereto, shall have a private cause of action against
334	334	a healthcare provider for damages and equitable relief as the court may
335	335	determine is justified. A prevailing party may recover the costs of the suit
336	336	and reasonable attorney fees.
337	337	(d) (1) An individual who was provided treatment as a child in
338	338	violation of section 4(a) or (b), and amendments thereto, shall have a
339	339	private cause of action against the healthcare provider who provided such
340	340	treatment for actual damages, punitive damages, injunctive relief, the cost
341	341	of the suit and reasonable attorney fees.
342	342	(2) An action against a healthcare provider pursuant to this subsection
343	343	shall be filed within 30 years from the date the individual turns 18 years of
344	344	age.
345	345	New Sec. 6. A professional liability insurance policy issued to a
346	346	healthcare provider shall not include coverage for damages assessed
347	347	against the healthcare provider who provides treatment to a child in
348	348	violation of section 3 or 4(a) or (b), and amendments thereto.
349	349	New Sec. 7. If any provision or clause of this act or application
350	350	thereof to any person or circumstance is held invalid, such invalidity shall
351	351	not affect other provisions or applications of this act that can be given
352	352	effect without the invalid provision or application, and to this end the
353	353	provisions of this act are declared to be severable.
354	354	Sec. 8. K.S.A. 2023 Supp. 65-1120 is hereby amended to read as
355	355	follows: 65-1120. (a) Grounds for disciplinary actions. The board may
356	356	deny, revoke, limit or suspend any license or authorization to practice
357	357	nursing as a registered professional nurse, as a licensed practical nurse, as
358	358	an advanced practice registered nurse or as a registered nurse anesthetist
359	359	that is issued by the board or applied for under this act, or may require the
360	360	licensee to attend a specific number of hours of continuing education in
361	361	addition to any hours the licensee may already be required to attend or
362	362	may publicly or privately censure a licensee or holder of a temporary
363	363	permit or authorization, if the applicant, licensee or holder of a temporary
364	364	permit or authorization is found after hearing:
365	365	(1) To be guilty of fraud or deceit in practicing nursing or in
366	366	procuring or attempting to procure a license to practice nursing;
367	367	(2) to have been guilty of a felony or to have been guilty of a
368	368	misdemeanor involving an illegal drug offense unless the applicant or
369	369	licensee establishes sufficient rehabilitation to warrant the public trust,
370	370	except that notwithstanding K.S.A. 74-120, and amendments thereto, no
371	371	license or authorization to practice nursing as a licensed professional
372	372	nurse, as a licensed practical nurse, as an advanced practice registered
373	373	nurse or registered nurse anesthetist shall be granted to a person with a
374	374	felony conviction for a crime against persons as specified in article 34 of
375	375	chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article
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419	419	54 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 21-6104, 21-
420	420	6325, 21-6326 or 21-6418, and amendments thereto;
421	421	(3) has been convicted or found guilty or has entered into an agreed
422	422	disposition of a misdemeanor offense related to the practice of nursing as
423	423	determined on a case-by-case basis;
424	424	(4) to have committed an act of professional incompetency as defined
425	425	in subsection (e);
426	426	(5) to be unable to practice with skill and safety due to current abuse
427	427	of drugs or alcohol;
428	428	(6) to be a person who has been adjudged in need of a guardian or
429	429	conservator, or both, under the act for obtaining a guardian or conservator,
430	430	or both, and who has not been restored to capacity under that act;
431	431	(7) to be guilty of unprofessional conduct as defined by rules and
432	432	regulations of the board;
433	433	(8) to have willfully or repeatedly violated the provisions of the
434	434	Kansas nurse practice act or any rules and regulations adopted pursuant to
435	435	that act, including K.S.A. 65-1114 and 65-1122, and amendments thereto;
436	436	(9) to have a license to practice nursing as a registered nurse or as a
437	437	practical nurse denied, revoked, limited or suspended, or to be publicly or
438	438	privately censured, by a licensing authority of another state, agency of the
439	439	United States government, territory of the United States or country or to
440	440	have other disciplinary action taken against the applicant or licensee by a
441	441	licensing authority of another state, agency of the United States
442	442	government, territory of the United States or country. A certified copy of
443	443	the record or order of public or private censure, denial, suspension,
444	444	limitation, revocation or other disciplinary action of the licensing authority
445	445	of another state, agency of the United States government, territory of the
446	446	United States or country shall constitute prima facie evidence of such a
447	447	fact for purposes of this paragraph (9); or
448	448	(10) to have assisted suicide in violation of K.S.A. 21-3406, prior to
449	449	its repeal, or K.S.A. 21-5407, and amendments thereto, as established by
450	450	any of the following:
451	451	(A) A copy of the record of criminal conviction or plea of guilty for a
452	452	felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 21-
453	453	5407, and amendments thereto.;
454	454	(B) a copy of the record of a judgment of contempt of court for
455	455	violating an injunction issued under K.S.A. 2023 Supp. 60-4404, and
456	456	amendments thereto.; and
457	457	(C) a copy of the record of a judgment assessing damages under
458	458	K.S.A. 2023 Supp. 60-4405, and amendments thereto; or
459	459	(11) violating the forbidding abusive child transitions act.
460	460	(b) Proceedings. Upon filing of a sworn complaint with the board
461	461	charging a person with having been guilty of any of the unlawful practices
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505	505	specified in subsection (a), two or more members of the board shall
506	506	investigate the charges, or the board may designate and authorize an
507	507	employee or employees of the board to conduct an investigation. After
508	508	investigation, the board may institute charges. If an investigation, in the
509	509	opinion of the board, reveals reasonable grounds for believing the
510	510	applicant or licensee is guilty of the charges, the board shall fix a time and
511	511	place for proceedings, which shall be conducted in accordance with the
512	512	provisions of the Kansas administrative procedure act.
513	513	(c) Witnesses. No person shall be excused from testifying in any
514	514	proceedings before the board under this act or in any civil proceedings
515	515	under this act before a court of competent jurisdiction on the ground that
516	516	such testimony may incriminate the person testifying, but such testimony
517	517	shall not be used against the person for the prosecution of any crime under
518	518	the laws of this state except the crime of perjury as defined in K.S.A. 21-
519	519	5903, and amendments thereto.
520	520	(d) Costs. If final agency action of the board in a proceeding under
521	521	this section is adverse to the applicant or licensee, the costs of the board's
522	522	proceedings shall be charged to the applicant or licensee as in ordinary
523	523	civil actions in the district court, but if the board is the unsuccessful party,
524	524	the costs shall be paid by the board. Witness fees and costs may be taxed
525	525	by the board according to the statutes relating to procedure in the district
526	526	court. All costs accrued by the board, when it is the successful party, and
527	527	which if the attorney general certifies cannot be collected from the
528	528	applicant or licensee, shall be paid from the board of nursing fee fund. All
529	529	moneys collected following board proceedings shall be credited in full to
530	530	the board of nursing fee fund.
531	531	(e) Professional incompetency defined. As used in this section,
532	532	"professional incompetency" means:
533	533	(1) One or more instances involving failure to adhere to the
534	534	applicable standard of care to a degree which constitutes gross negligence,
535	535	as determined by the board;
536	536	(2) repeated instances involving failure to adhere to the applicable
537	537	standard of care to a degree which constitutes ordinary negligence, as
538	538	determined by the board; or
539	539	(3) a pattern of practice or other behavior which that demonstrates a
540	540	manifest incapacity or incompetence to practice nursing.
541	541	(f) Criminal justice information. The board upon request shall receive
542	542	from the Kansas bureau of investigation such criminal history record
543	543	information relating to arrests and criminal convictions as necessary for
544	544	the purpose of determining initial and continuing qualifications of
545	545	licensees of and applicants for licensure by the board.
546	546	Sec. 9. K.S.A. 65-2837 is hereby amended to read as follows: 65-
547	547	2837. As used in K.S.A. 65-2836, and amendments thereto, and in this
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591	591	section:
592	592	(a) "Professional incompetency" means:
593	593	(1) One or more instances involving failure to adhere to the
594	594	applicable standard of care to a degree that constitutes gross negligence, as
595	595	determined by the board.
596	596	(2) Repeated instances involving failure to adhere to the applicable
597	597	standard of care to a degree that constitutes ordinary negligence, as
598	598	determined by the board.
599	599	(3) A pattern of practice or other behavior that demonstrates a
600	600	manifest incapacity or incompetence to practice the healing arts.
601	601	(b) "Unprofessional conduct" means:
602	602	(1) Solicitation of professional patronage through the use of
603	603	fraudulent or false advertisements, or profiting by the acts of those
604	604	representing themselves to be agents of the licensee.
605	605	(2) Representing to a patient that a manifestly incurable disease,
606	606	condition or injury can be permanently cured.
607	607	(3) Assisting in the care or treatment of a patient without the consent
608	608	of the patient, the attending physician or the patient's legal representatives.
609	609	(4) The use of any letters, words or terms as an affix, on stationery, in
610	610	advertisements or otherwise indicating that such person is entitled to
611	611	practice a branch of the healing arts for which such person is not licensed.
612	612	(5) Performing, procuring or aiding and abetting in the performance
613	613	or procurement of a criminal abortion.
614	614	(6) Willful betrayal of confidential information.
615	615	(7) Advertising professional superiority or the performance of
616	616	professional services in a superior manner.
617	617	(8) Advertising to guarantee any professional service or to perform
618	618	any operation painlessly.
619	619	(9) Participating in any action as a staff member of a medical care
620	620	facility that is designed to exclude or that results in the exclusion of any
621	621	person licensed to practice medicine and surgery from the medical staff of
622	622	a nonprofit medical care facility licensed in this state because of the
623	623	branch of the healing arts practiced by such person or without just cause.
624	624	(10) Failure to effectuate the declaration of a qualified patient as
625	625	provided in K.S.A. 65-28,107(a), and amendments thereto.
626	626	(11) Prescribing, ordering, dispensing, administering, selling,
627	627	supplying or giving any amphetamines or sympathomimetic amines,
628	628	except as authorized by K.S.A. 65-2837a, and amendments thereto.
629	629	(12) Conduct likely to deceive, defraud or harm the public.
630	630	(13) Making a false or misleading statement regarding the licensee's
631	631	skill or the efficacy or value of the drug, treatment or remedy prescribed
632	632	by the licensee or at the licensee's direction in the treatment of any disease
633	633	or other condition of the body or mind.
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677	677	(14) Aiding or abetting the practice of the healing arts by an
678	678	unlicensed, incompetent or impaired person.
679	679	(15) Allowing another person or organization to use the licensee's
680	680	license to practice the healing arts.
681	681	(16) Commission of any act of sexual abuse, misconduct or other
682	682	improper sexual contact that exploits the licensee-patient relationship with
683	683	a patient or a person responsible for health care healthcare decisions
684	684	concerning such patient.
685	685	(17) The use of any false, fraudulent or deceptive statement in any
686	686	document connected with the practice of the healing arts including the
687	687	intentional falsifying or fraudulent altering of a patient or medical care
688	688	facility record.
689	689	(18) Obtaining any fee by fraud, deceit or misrepresentation.
690	690	(19) Directly or indirectly giving or receiving any fee, commission,
691	691	rebate or other compensation for professional services not actually and
692	692	personally rendered, other than through the legal functioning of lawful
693	693	professional partnerships, corporations, limited liability companies or
694	694	associations.
695	695	(20) Failure to transfer patient records to another licensee when
696	696	requested to do so by the subject patient or by such patient's legally
697	697	designated representative.
698	698	(21) Performing unnecessary tests, examinations or services that have
699	699	no legitimate medical purpose.
700	700	(22) Charging an excessive fee for services rendered.
701	701	(23) Prescribing, dispensing, administering or distributing a
702	702	prescription drug or substance, including a controlled substance, in an
703	703	improper or inappropriate manner, or for other than a valid medical
704	704	purpose, or not in the course of the licensee's professional practice.
705	705	(24) Repeated failure to practice healing arts with that level of care,
706	706	skill and treatment that is recognized by a reasonably prudent similar
707	707	practitioner as being acceptable under similar conditions and
708	708	circumstances.
709	709	(25) Failure to keep written medical records that accurately describe
710	710	the services rendered to the patient, including patient histories, pertinent
711	711	findings, examination results and test results.
712	712	(26) Delegating professional responsibilities to a person when the
713	713	licensee knows or has reason to know that such person is not qualified by
714	714	training, experience or licensure to perform them.
715	715	(27) Using experimental forms of therapy without proper informed
716	716	patient consent, without conforming to generally accepted criteria or
717	717	standard protocols, without keeping detailed legible records or without
718	718	having periodic analysis of the study and results reviewed by a committee
719	719	or peers.
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763	763	(28) Prescribing, dispensing, administering or distributing an anabolic
764	764	steroid or human growth hormone for other than a valid medical purpose.
765	765	Bodybuilding, muscle enhancement or increasing muscle bulk or strength
766	766	through the use of an anabolic steroid or human growth hormone by a
767	767	person who is in good health is not a valid medical purpose.
768	768	(29) Referring a patient to a health care healthcare entity for services
769	769	if the licensee has a significant investment interest in the health care
770	770	healthcare entity, unless the licensee informs the patient in writing of such
771	771	significant investment interest and that the patient may obtain such
772	772	services elsewhere.
773	773	(30) Failing to properly supervise, direct or delegate acts that
774	774	constitute the healing arts to persons who perform professional services
775	775	pursuant to such licensee's direction, supervision, order, referral,
776	776	delegation or practice protocols.
777	777	(31) Violating K.S.A. 65-6703, and amendments thereto.
778	778	(32) Violating the forbidding abusive child transitions act.
779	779	(33) Charging, billing or otherwise soliciting payment from any
780	780	patient, patient's representative or insurer for anatomic pathology services,
781	781	if such services are not personally rendered by the licensee or under such
782	782	licensee's direct supervision. As used in this subsection, "anatomic
783	783	pathology services" means the gross or microscopic examination of
784	784	histologic processing of human organ tissue or the examination of human
785	785	cells from fluids, aspirates, washings, brushings or smears, including blood
786	786	banking services, and subcellular or molecular pathology services,
787	787	performed by or under the supervision of a person licensed to practice
788	788	medicine and surgery or a clinical laboratory. Nothing in this subsection
789	789	shall be construed to prohibit billing for anatomic pathology services by:
790	790	(A) A hospital;
791	791	(B) a clinical laboratory when samples are transferred between
792	792	clinical laboratories for the provision of anatomic pathology services; or
793	793	(C) a physician providing services to a patient pursuant to a medical
794	794	retainer agreement in compliance with K.S.A. 65-4978, and amendments
795	795	thereto, when the bill to the patient for such services:
796	796	(i) Identifies the laboratory or physician that performed the services;
797	797	(ii) discloses in writing to the patient the actual amount charged by
798	798	the physician or laboratory that performed the service; and
799	799	(iii) is consistent with rules and regulations adopted by the board for
800	800	appropriate billing standards applicable to such services when furnished
801	801	under these agreements.
802	802	(33)(34) Engaging in conduct that violates patient trust and exploits
803	803	the licensee-patient relationship for personal gain.
804	804	(34)(35) Obstructing a board investigation including, but not limited
805	805	to, engaging in one or more of the following acts:
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849	849	(A) Falsifying or concealing a material fact;
850	850	(B) knowingly making or causing to be made any false or misleading
851	851	statement or writing; or
852	852	(C) other acts or conduct likely to deceive or defraud the board.
853	853	(c) "False advertisement" means any advertisement that is false,
854	854	misleading or deceptive in a material respect. In determining whether any
855	855	advertisement is misleading, there shall be taken into account not only
856	856	representations made or suggested by statement, word, design, device,
857	857	sound or any combination thereof, but also the extent to which the
858	858	advertisement fails to reveal facts material in the light of such
859	859	representations made.
860	860	(d) "Advertisement" means all representations disseminated in any
861	861	manner or by any means for the purpose of inducing, or that are likely to
862	862	induce, directly or indirectly, the purchase of professional services.
863	863	(e) "Licensee" for purposes of this section and K.S.A. 65-2836, and
864	864	amendments thereto, means all persons issued a license, permit or special
865	865	permit pursuant to article 28 of chapter 65 of the Kansas Statutes
866	866	Annotated, and amendments thereto.
867	867	(f) "License" for purposes of this section and K.S.A. 65-2836, and
868	868	amendments thereto, means any license, permit or special permit granted
869	869	under article 28 of chapter 65 of the Kansas Statutes Annotated, and
870	870	amendments thereto.
871	871	(g) "Health careHealthcare entity" means any corporation, firm,
872	872	partnership or other business entity that provides services for diagnosis or
873	873	treatment of human health conditions and that is owned separately from a
874	874	referring licensee's principle practice.
875	875	(h) "Significant investment interest" means ownership of at least 10%
876	876	of the value of the firm, partnership or other business entity that owns or
877	877	leases the health care healthcare entity, or ownership of at least 10% of the
878	878	shares of stock of the corporation that owns or leases the health care
879	879	healthcare entity.
880	880	Sec. 10. K.S.A. 65-2837 and K.S.A. 2023 Supp. 65-1120 are hereby
881	881	repealed.
882	882	Sec. 11. This act shall take effect and be in force from and after its
883	883	publication in the statute book.
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