Kansas 2023-2024 Regular Session

Kansas House Bill HB2792 Compare Versions

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

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1	1	Session of 2024
2	2	HOUSE BILL No. 2792
3	3	By Committee on Health and Human Services
4	4	Requested by Representative Landwehr
5	5	2-9
6	6	AN ACT concerning health and healthcare; relating to transgender care
7	7	services; prohibiting gender transition surgeries on minors; authorizing
8	8	professional discipline against a physician who performs such
9	9	surgeries; adopting a standard of care for gender transition care
10	10	services; amending K.S.A. 65-2837 and repealing the existing section.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	New Section 1. (a) As used in this section:
13	13	(1) "Gender transition surgery" means a surgical procedure performed
14	14	for the purpose of assisting an individual with a gender transition,
15	15	including, but not limited to:
16	16	(A) Procedures that artifically construct tissue with the appearance of
17	17	genitalia that differs from the individual's biological sex, including, but not
18	18	limited to, metoidioplasty, phalloplasty or vaginoplasty; and
19	19	(B) augmentation, mammoplasty or subcutaneous mastectomy.
20	20	(2) "Healthcare provider" means a person defined as a healthcare
21	21	provider under K.S.A. 65-4921, and amendments thereto, a person
22	22	licensed by the board of nursing or a person licensed by the behavioral
23	23	sciences regulatory board.
24	24	(3) "Minor" means an individual under 18 years of age.
25	25	(4) "Physician" means a person licensed by the state board of healing
26	26	arts to practice medicine and surgery.
27	27	(5) "Sex" means the biological indication of male and female in the
28	28	context of reproductive potential or capacity, such as sex chromosomes,
29	29	naturally occurring sex hormones, gonads and nonambiguous internal and
30	30	external genitalia present at birth.
31	31	(b) A physician shall not perform a gender transition surgery on a
32	32	minor.
33	33	(c) When providing transgender care services, healthcare providers
34	34	shall conduct services and treatments according to the clinical practice
35	35	guidelines specified in Wylie C. Hembree et al., Endocrine treatment of
36	36	gender-dysphoric/gender-incongruent person: an endocrine society clinical
37	37	practice guidelines, 102 JCEM 11, 3869, September 13, 2017.
38	38	Sec. 2. K.S.A. 65-2837 is hereby amended to read as follows: 65-
39	39	2837. As used in K.S.A. 65-2836, and amendments thereto, and in this
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75	75	section:
76	76	(a) "Professional incompetency" means:
77	77	(1) One or more instances involving failure to adhere to the
78	78	applicable standard of care to a degree that constitutes gross negligence, as
79	79	determined by the board.
80	80	(2) Repeated instances involving failure to adhere to the applicable
81	81	standard of care to a degree that constitutes ordinary negligence, as
82	82	determined by the board.
83	83	(3) A pattern of practice or other behavior that demonstrates a
84	84	manifest incapacity or incompetence to practice the healing arts.
85	85	(b) "Unprofessional conduct" means:
86	86	(1) Solicitation of professional patronage through the use of
87	87	fraudulent or false advertisements, or profiting by the acts of those
88	88	representing themselves to be agents of the licensee.
89	89	(2) Representing to a patient that a manifestly incurable disease,
90	90	condition or injury can be permanently cured.
91	91	(3) Assisting in the care or treatment of a patient without the consent
92	92	of the patient, the attending physician or the patient's legal representatives.
93	93	(4) The use of any letters, words or terms as an affix, on stationery, in
94	94	advertisements or otherwise indicating that such person is entitled to
95	95	practice a branch of the healing arts for which such person is not licensed.
96	96	(5) Performing, procuring or aiding and abetting in the performance
97	97	or procurement of a criminal abortion.
98	98	(6) Willful betrayal of confidential information.
99	99	(7) Advertising professional superiority or the performance of
100	100	professional services in a superior manner.
101	101	(8) Advertising to guarantee any professional service or to perform
102	102	any operation painlessly.
103	103	(9) Participating in any action as a staff member of a medical care
104	104	facility that is designed to exclude or that results in the exclusion of any
105	105	person licensed to practice medicine and surgery from the medical staff of
106	106	a nonprofit medical care facility licensed in this state because of the
107	107	branch of the healing arts practiced by such person or without just cause.
108	108	(10) Failure to effectuate the declaration of a qualified patient as
109	109	provided in K.S.A. 65-28,107(a), and amendments thereto.
110	110	(11) Prescribing, ordering, dispensing, administering, selling,
111	111	supplying or giving any amphetamines or sympathomimetic amines,
112	112	except as authorized by K.S.A. 65-2837a, and amendments thereto.
113	113	(12) Conduct likely to deceive, defraud or harm the public.
114	114	(13) Making a false or misleading statement regarding the licensee's
115	115	skill or the efficacy or value of the drug, treatment or remedy prescribed
116	116	by the licensee or at the licensee's direction in the treatment of any disease
117	117	or other condition of the body or mind.
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161	161	(14) Aiding or abetting the practice of the healing arts by an
162	162	unlicensed, incompetent or impaired person.
163	163	(15) Allowing another person or organization to use the licensee's
164	164	license to practice the healing arts.
165	165	(16) Commission of any act of sexual abuse, misconduct or other
166	166	improper sexual contact that exploits the licensee-patient relationship with
167	167	a patient or a person responsible for health care decisions concerning such
168	168	patient.
169	169	(17) The use of any false, fraudulent or deceptive statement in any
170	170	document connected with the practice of the healing arts including the
171	171	intentional falsifying or fraudulent altering of a patient or medical care
172	172	facility record.
173	173	(18) Obtaining any fee by fraud, deceit or misrepresentation.
174	174	(19) Directly or indirectly giving or receiving any fee, commission,
175	175	rebate or other compensation for professional services not actually and
176	176	personally rendered, other than through the legal functioning of lawful
177	177	professional partnerships, corporations, limited liability companies or
178	178	associations.
179	179	(20) Failure to transfer patient records to another licensee when
180	180	requested to do so by the subject patient or by such patient's legally
181	181	designated representative.
182	182	(21) Performing unnecessary tests, examinations or services that have
183	183	no legitimate medical purpose.
184	184	(22) Charging an excessive fee for services rendered.
185	185	(23) Prescribing, dispensing, administering or distributing a
186	186	prescription drug or substance, including a controlled substance, in an
187	187	improper or inappropriate manner, or for other than a valid medical
188	188	purpose, or not in the course of the licensee's professional practice.
189	189	(24) Repeated failure to practice healing arts with that level of care,
190	190	skill and treatment that is recognized by a reasonably prudent similar
191	191	practitioner as being acceptable under similar conditions and
192	192	circumstances.
193	193	(25) Failure to keep written medical records that accurately describe
194	194	the services rendered to the patient, including patient histories, pertinent
195	195	findings, examination results and test results.
196	196	(26) Delegating professional responsibilities to a person when the
197	197	licensee knows or has reason to know that such person is not qualified by
198	198	training, experience or licensure to perform them.
199	199	(27) Using experimental forms of therapy without proper informed
200	200	patient consent, without conforming to generally accepted criteria or
201	201	standard protocols, without keeping detailed legible records or without
202	202	having periodic analysis of the study and results reviewed by a committee
203	203	or peers.
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247	247	(28) Prescribing, dispensing, administering or distributing an anabolic
248	248	steroid or human growth hormone for other than a valid medical purpose.
249	249	Bodybuilding, muscle enhancement or increasing muscle bulk or strength
250	250	through the use of an anabolic steroid or human growth hormone by a
251	251	person who is in good health is not a valid medical purpose.
252	252	(29) Referring a patient to a health care entity for services if the
253	253	licensee has a significant investment interest in the health care entity,
254	254	unless the licensee informs the patient in writing of such significant
255	255	investment interest and that the patient may obtain such services
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257	257	(30) Failing to properly supervise, direct or delegate acts that
258	258	constitute the healing arts to persons who perform professional services
259	259	pursuant to such licensee's direction, supervision, order, referral,
260	260	delegation or practice protocols.
261	261	(31) Violating K.S.A. 65-6703, and amendments thereto.
262	262	(32) Performing gender transition surgery, as defined in section 1,
263	263	and amendments thereto, on a minor.
264	264	(33) Charging, billing or otherwise soliciting payment from any
265	265	patient, patient's representative or insurer for anatomic pathology services,
266	266	if such services are not personally rendered by the licensee or under such
267	267	licensee's direct supervision. As used in this subsection, "anatomic
268	268	pathology services" means the gross or microscopic examination of
269	269	histologic processing of human organ tissue or the examination of human
270	270	cells from fluids, aspirates, washings, brushings or smears, including blood
271	271	banking services, and subcellular or molecular pathology services,
272	272	performed by or under the supervision of a person licensed to practice
273	273	medicine and surgery or a clinical laboratory. Nothing in this subsection
274	274	shall be construed to prohibit billing for anatomic pathology services by:
275	275	(A) A hospital;
276	276	(B) a clinical laboratory when samples are transferred between
277	277	clinical laboratories for the provision of anatomic pathology services; or
278	278	(C) a physician providing services to a patient pursuant to a medical
279	279	retainer agreement in compliance with K.S.A. 65-4978, and amendments
280	280	thereto, when the bill to the patient for such services:
281	281	(i) Identifies the laboratory or physician that performed the services;
282	282	(ii) discloses in writing to the patient the actual amount charged by
283	283	the physician or laboratory that performed the service; and
284	284	(iii) is consistent with rules and regulations adopted by the board for
285	285	appropriate billing standards applicable to such services when furnished
286	286	under these agreements.
287	287	(33)(34) Engaging in conduct that violates patient trust and exploits
288	288	the licensee-patient relationship for personal gain.
289	289	(34)(35) Obstructing a board investigation including, but not limited
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333	333	to, engaging in one or more of the following acts:
334	334	(A) Falsifying or concealing a material fact;
335	335	(B) knowingly making or causing to be made any false or misleading
336	336	statement or writing; or
337	337	(C) other acts or conduct likely to deceive or defraud the board.
338	338	(c) "False advertisement" means any advertisement that is false,
339	339	misleading or deceptive in a material respect. In determining whether any
340	340	advertisement is misleading, there shall be taken into account not only
341	341	representations made or suggested by statement, word, design, device,
342	342	sound or any combination thereof, but also the extent to which the
343	343	advertisement fails to reveal facts material in the light of such
344	344	representations made.
345	345	(d) "Advertisement" means all representations disseminated in any
346	346	manner or by any means for the purpose of inducing, or that are likely to
347	347	induce, directly or indirectly, the purchase of professional services.
348	348	(e) "Licensee" for purposes of this section and K.S.A. 65-2836, and
349	349	amendments thereto, means all persons issued a license, permit or special
350	350	permit pursuant to article 28 of chapter 65 of the Kansas Statutes
351	351	Annotated, and amendments thereto.
352	352	(f) "License" for purposes of this section and K.S.A. 65-2836, and
353	353	amendments thereto, means any license, permit or special permit granted
354	354	under article 28 of chapter 65 of the Kansas Statutes Annotated, and
355	355	amendments thereto.
356	356	(g) "Health careHealthcare entity" means any corporation, firm,
357	357	partnership or other business entity that provides services for diagnosis or
358	358	treatment of human health conditions and that is owned separately from a
359	359	referring licensee's principle practice.
360	360	(h) "Significant investment interest" means ownership of at least 10%
361	361	of the value of the firm, partnership or other business entity that owns or
362	362	leases the health care entity, or ownership of at least 10% of the shares of
363	363	stock of the corporation that owns or leases the health care entity.
364	364	Sec. 3. K.S.A. 65-2837 is hereby repealed.
365	365	Sec. 4. This act shall take effect and be in force from and after its
366	366	publication in the statute book.
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