Kansas 2023-2024 Regular Session

Kansas Senate Bill SB233 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	House Substitute for SENATE BILL No. 233
2		-	AN ACT concerning children and minors; relating to healthcare of minors; enacting the
3		-	forbidding abusive child transitions act; prohibiting healthcare providers from
4		-	treating a child whose gender identity is inconsistent with the child's sex; authorizing
5		-	a civil cause of action against healthcare providers for providing such treatments;
6		-	restricting use of state funds to promote gender transitioning; prohibiting professional
7		-	liability insurance from covering damages for healthcare providers that provide
8		-	gender transition treatment to children; requiring professional discipline against a
9		-	healthcare provider who performs such treatments; adding violation of the act to the
10		-	definition of unprofessional conduct for physicians; amending K.S.A. 65-2837 and
11		-	repealing the existing section.
	1	+	Session of 2023
	2	+	SENATE BILL No. 233
	3	+	By Committee on Federal and State Affairs
	4	+	2-10
	5	+	AN ACT concerning gender identity medical care; creating a civil cause of
	6	+	action against a physician who performs childhood gender
	7	+	reassignment service; requiring revocation of a physician's license if
	8	+	such physician performs childhood gender reassignment service;
	9	+	amending K.S.A. 2022 Supp. 65-2836 and repealing the existing
	10	+	section.
12	11		Be it enacted by the Legislature of the State of Kansas:
13		-	New Section 1. (a) The provisions of sections 1 through 6, and
14		-	amendments thereto, shall be known and may be cited as the forbidding
15		-	abusive child transitions act.
16		-	(b) As used in this act:
17		-	(1) "Child" means an individual less than 18 years of age.
18		-	(2) "Female" means an individual who is a member of the female
19		-	sex.
20		-	(3) "Gender" means the psychological, behavioral, social and
21		-	cultural aspects of being male or female.
22		-	(4) "Gender dysphoria" is the diagnosis of gender dysphoria in the
23		-	fifth edition of the diagnostic and statistical manual of mental disorders.
24		-	(5) "Healthcare provider" means an individual who is licensed,
25		-	certified or otherwise authorized by the laws of this state to administer
26		-	healthcare services in the ordinary course of the practice of such
27		-	individual's profession.
28		-	(6) "Male" means an individual who is a member of the male sex.
29		-	(7) "Perceived sex" is an individual's internal sense of such
30		-	individual's sex.
31		-	(8) "Perceived gender" is an individual's internal sense of such
32		-	individual's gender.
33		-	(9) "Sex" means the biological indication of male and female in
34		-	the context of reproductive potential or capacity, including sex
35		-	chromosomes, naturally occurring sex hormones, gonads and
36		-	nonambiguous internal and external genitalia present at birth, without
37		-	regard to an individual's psychological, chosen or subjective experience
38		-	of gender.
39		-	(10) "Social transitioning" means acts other than medical or
40		-	surgical interventions that are undertaken for the purpose of presenting
41		-	as a member of the opposite sex, including the changing of an
42		-	individual's preferred pronouns or manner of dress.
43		-	New Sec. 2. (a) A recipient of state funds shall not use such funds
44		-	to provide or subsidize medication or surgery as a treatment for a
45		-	child's perception of gender or sex that is inconsistent with such child's
46		-	sex.
47		-	(b) An indiviudal or entity that receives state funds to pay for or
48		-	subsidize the treatment of children for psychological conditions,
49		-	including gender dysphoria, shall not promote or advocate medication
50		-	or surgery as a treatment for a child whose perceived gender or
51		-	perceived sex is inconsistent with such child's sex.
52		-	(c) The Kansas program of medical assistance and its managed
53		-	care organizations shall not reimburse or provide coverage for
54		-	medication or surgery as a treatment for a child whose perceived
55		-	gender or perceived sex is inconsistent with such child's sex.
56		-	(d) Except to the extent required by the first amendment to the
57		-	United States constitution, a state property, facility or building shall not
58		-	be used to promote or advocate the use of social transitioning,
59		-	medication or surgery as a treatment for a child whose perceived
60		-	gender or perceived sex is inconsistent with such child's sex.
61		-	(e) A state property, facility or building shall not be used to
62		-	prescribe, administer or dispense medication or perform surgery as a House Substitute for SENATE BILL No. 233—page 2
63		-	treatment for a child whose perceived gender or perceived sex is
64		-	inconsistent with such child's sex.
65		-	(f) A state employee whose official duties include the care of
66		-	children shall not, while engaged in those official duties, provide or
67		-	promote the use of social transitioning, medication, or surgery as a
68		-	treatment for a child whose perceived gender or perceived sex is
69		-	inconsistent with such child's sex.
70		-	(g) As used in this section, "medication" means:
71		-	(1) Supraphysiologic doses of testosterone or other androgens; or
72		-	(2) puberty blockers such as GnRH agonists or other synthetic
73		-	drugs that suppress the production of estrogen and progesterone to
74		-	delay or suppress pubertal development in female children.
75		-	New Sec. 3. (a) Except as provided in subsection (c) or (d), a
76		-	healthcare provider shall not knowingly provide the following to a
77		-	female child whose perceived gender or sex is not female as treatment
78		-	for distress arising from such female child's perception that such child's
79		-	gender or sex is not female:
80		-	(1) Surgical procedures, including vaginectomy, hysterectomy,
81		-	oophorectomy, ovariectomy, reconstruction of the urethra,
82		-	metoidioplasty phalloplasty, scrotoplasty, implantation of erection or
83		-	testicular protheses, subcutaneous mastectomy, voice surgery,
84		-	liposuction, lipofilling or pectoral implants;
85		-	(2) supraphysiologic doses of testosterone or other androgens; or
86		-	(3) puberty blockers such as GnRH agonists or other synthetic
87		-	drugs that suppress the production of estrogen and progesterone to
88		-	delay or suppress pubertal development in female children.
89		-	(b) Except as provided in subsection (c), a healthcare provider
90		-	shall not knowingly provide the following to a male child whose
91		-	perceived gender or sex is not male as treatment for distress arising
92		-	from such male child's perception that such child's gender or sex is not
93		-	male:
94		-	(1) Surgical procedures, including a penectomy, orchiectomy,
95		-	vaginoplasty, clitoroplasty, vulvoplasty, augmentation mammoplasty,
96		-	facial feminization surgery, liposuction, lipofilling, voice surgery,
97		-	thyroid cartilage reduction or gluteal augmentation;
98		-	(2) supraphysiologic doses of estrogen; or
99		-	(3) puberty blockers such as GnRH agonists or other synthetic
100		-	drugs that suppress the production of testosterone or delay or suppress
101		-	pubertal development in male children.
102		-	(c) The treatments prohibited by subsections (a) and (b) shall not
103		-	apply to treatment provided for other purposes, including:
104		-	(1) Treatment for individuals born with a medically verifiable
105		-	disorder of sex development, including:
106		-	(A) An individual born with external biological sex characteristics
107		-	that are irresolvably ambiguous, including an individual born with 46
108		-	XX chromosomes with virilization, 46 XY chromosomes with under
109		-	virilization or having both ovarian and testicular tissue; or
110		-	(B) an individual whom a physician has otherwise diagnosed with
111		-	a disorder of sexual development that the physician has determined
112		-	through genetic or biochemical testing that such individual does not
113		-	have normal sex chromosome structure, sex steroid hormone
114		-	production or sex steroid hormone action for a male or female; and
115		-	(2) treatment of any infection, injury, disease or disorder that has
116		-	been caused or exacerbated by the performance of a procedure listed in
117		-	subsections (a) or (b).
118		-	(d) If a healthcare provider has initiated a course of treatment for a
119		-	child that includes prescribing, administering or dispensing of a drug
120		-	prohibited by subsection (a)(2), (a)(3), (b)(2) or (b)(3) prior to the
121		-	effective date of this act, the healthcare provider may continue such House Substitute for SENATE BILL No. 233—page 3
122		-	course of treatment if the healthcare provider:
123		-	(1) Develops a plan to systematically reduce the child's use of
124		-	such drug;
125		-	(2) determines and documents in the child's medical record that
126		-	immediately terminating the child's use of such drug would cause harm
127		-	to the child; and
128		-	(3) such course of treatment shall not extend beyond December
129		-	31, 2024.
130		-	New Sec. 4. (a) If a healthcare provider violates the provisions of
131		-	section 3, and amendments thereto:
132		-	(1) The healthcare provider has engaged in unprofessional conduct
133		-	and, notwithstanding any provision of law to the contrary, the license of
134		-	such healthcare provider shall be revoked by the appropriate licensing
135		-	entity or disciplinary review board with competent jurisdiction in this
136		-	state.
137		-	(b) A healthcare provider who provides treatment to a child in
138		-	violation of section 3(a) or (b), and amendments thereto, shall be held
139		-	strictly liable to such child if the treatment or effects of such treatment
140		-	results in any physical, psychological, emotional or physiological
141		-	harms to such child in the next 10 years from the date that the
142		-	individual turns 18 years of age.
143		-	(c) The parents of a child who has experienced violation of section
144		-	3(a) or (b), and amendments thereto, shall have a private cause of
145		-	action against a healthcare provider for damages and equitable relief as
146		-	the court may determine is justified. A prevailing party may recover the
147		-	costs of the suit and reasonable attorney fees.
148		-	(d) (1) An individual who was provided treatment as a child in
149		-	violation of section 3(a) or (b), and amendments thereto, shall have a
150		-	private cause of action against the healthcare provider who provided
151		-	such treatment for actual damages, punitive damages, injunctive relief,
152		-	the cost of the suit and reasonable attorney fees.
153		-	(2) An action against a healthcare provider pursuant to this
154		-	subsection shall be filed within 10 years from the date that the
155		-	individual turns 18 years of age.
156		-	New Sec. 5. A professional liability insurance policy issued to a
157		-	healthcare provider shall not include coverage for damages assessed
158		-	against the healthcare provider who provides treatment to a child in
159		-	violation of section 3(a) or (b), and amendments thereto.
160		-	New Sec. 6. If any provision or clause of this act or application
161		-	thereof to any person or circumstance is held invalid, such invalidity
162		-	shall not affect other provisions or applications of this act that can be
163		-	given effect without the invalid provision or application, and to this end
164		-	the provisions of this act are declared to be severable.
165		-	Sec. 7. K.S.A. 65-2837 is hereby amended to read as follows: 65-
166		-	2837. As used in K.S.A. 65-2836, and amendments thereto, and in this
167		-	section:
168		-	(a) "Professional incompetency" means:
169		-	(1) One or more instances involving failure to adhere to the
170		-	applicable standard of care to a degree that constitutes gross
171		-	negligence, as determined by the board.
172		-	(2) Repeated instances involving failure to adhere to the
173		-	applicable standard of care to a degree that constitutes ordinary
174		-	negligence, as determined by the board.
175		-	(3) A pattern of practice or other behavior that demonstrates a
176		-	manifest incapacity or incompetence to practice the healing arts.
177		-	(b) "Unprofessional conduct" means:
178		-	(1) Solicitation of professional patronage through the use of
179		-	fraudulent or false advertisements, or profiting by the acts of those
180		-	representing themselves to be agents of the licensee. House Substitute for SENATE BILL No. 233—page 4
181		-	(2) Representing to a patient that a manifestly incurable disease,
182		-	condition or injury can be permanently cured.
183		-	(3) Assisting in the care or treatment of a patient without the
184		-	consent of the patient, the attending physician or the patient's legal
185		-	representatives.
186		-	(4) The use of any letters, words or terms as an affix, on
187		-	stationery, in advertisements or otherwise indicating that such person is
188		-	entitled to practice a branch of the healing arts for which such person is
189		-	not licensed.
190		-	(5) Performing, procuring or aiding and abetting in the
191		-	performance or procurement of a criminal abortion.
192		-	(6) Willful betrayal of confidential information.
193		-	(7) Advertising professional superiority or the performance of
194		-	professional services in a superior manner.
195		-	(8) Advertising to guarantee any professional service or to
196		-	perform any operation painlessly.
197		-	(9) Participating in any action as a staff member of a medical care
198		-	facility that is designed to exclude or that results in the exclusion of any
199		-	person licensed to practice medicine and surgery from the medical staff
200		-	of a nonprofit medical care facility licensed in this state because of the
201		-	branch of the healing arts practiced by such person or without just
202		-	cause.
203		-	(10) Failure to effectuate the declaration of a qualified patient as
204		-	provided in K.S.A. 65-28,107(a), and amendments thereto.
205		-	(11) Prescribing, ordering, dispensing, administering, selling,
206		-	supplying or giving any amphetamines or sympathomimetic amines,
207		-	except as authorized by K.S.A. 65-2837a, and amendments thereto.
208		-	(12) Conduct likely to deceive, defraud or harm the public.
209		-	(13) Making a false or misleading statement regarding the
210		-	licensee's skill or the efficacy or value of the drug, treatment or remedy
211		-	prescribed by the licensee or at the licensee's direction in the treatment
212		-	of any disease or other condition of the body or mind.
213		-	(14) Aiding or abetting the practice of the healing arts by an
214		-	unlicensed, incompetent or impaired person.
215		-	(15) Allowing another person or organization to use the licensee's
216		-	license to practice the healing arts.
217		-	(16) Commission of any act of sexual abuse, misconduct or other
218		-	improper sexual contact that exploits the licensee-patient relationship
219		-	with a patient or a person responsible for health care healthcare
220		-	decisions concerning such patient.
221		-	(17) The use of any false, fraudulent or deceptive statement in any
222		-	document connected with the practice of the healing arts including the
223		-	intentional falsifying or fraudulent altering of a patient or medical care
224		-	facility record.
225		-	(18) Obtaining any fee by fraud, deceit or misrepresentation.
226		-	(19) Directly or indirectly giving or receiving any fee,
227		-	commission, rebate or other compensation for professional services not
228		-	actually and personally rendered, other than through the legal
229		-	functioning of lawful professional partnerships, corporations, limited
230		-	liability companies or associations.
231		-	(20) Failure to transfer patient records to another licensee when
232		-	requested to do so by the subject patient or by such patient's legally
233		-	designated representative.
234		-	(21) Performing unnecessary tests, examinations or services that
235		-	have no legitimate medical purpose.
236		-	(22) Charging an excessive fee for services rendered.
237		-	(23) Prescribing, dispensing, administering or distributing a
238		-	prescription drug or substance, including a controlled substance, in an
239		-	improper or inappropriate manner, or for other than a valid medical House Substitute for SENATE BILL No. 233—page 5
240		-	purpose, or not in the course of the licensee's professional practice.
241		-	(24) Repeated failure to practice healing arts with that level of
242		-	care, skill and treatment that is recognized by a reasonably prudent
243		-	similar practitioner as being acceptable under similar conditions and
244		-	circumstances.
245		-	(25) Failure to keep written medical records that accurately
246		-	describe the services rendered to the patient, including patient histories,
247		-	pertinent findings, examination results and test results.
248		-	(26) Delegating professional responsibilities to a person when the
249		-	licensee knows or has reason to know that such person is not qualified
250		-	by training, experience or licensure to perform them.
251		-	(27) Using experimental forms of therapy without proper
252		-	informed patient consent, without conforming to generally accepted
253		-	criteria or standard protocols, without keeping detailed legible records
254		-	or without having periodic analysis of the study and results reviewed
255		-	by a committee or peers.
256		-	(28) Prescribing, dispensing, administering or distributing an
257		-	anabolic steroid or human growth hormone for other than a valid
258		-	medical purpose. Bodybuilding, muscle enhancement or increasing
259		-	muscle bulk or strength through the use of an anabolic steroid or human
260		-	growth hormone by a person who is in good health is not a valid
261		-	medical purpose.
262		-	(29) Referring a patient to a health care healthcare entity for
263		-	services if the licensee has a significant investment interest in the health
264		-	care healthcare entity, unless the licensee informs the patient in writing
265		-	of such significant investment interest and that the patient may obtain
266		-	such services elsewhere.
267		-	(30) Failing to properly supervise, direct or delegate acts that
268		-	constitute the healing arts to persons who perform professional services
269		-	pursuant to such licensee's direction, supervision, order, referral,
270		-	delegation or practice protocols.
271		-	(31) Violating K.S.A. 65-6703, and amendments thereto.
272		-	(32) Violating the forbidding abusive child transitions act.
273		-	(33) Charging, billing or otherwise soliciting payment from any
274		-	patient, patient's representative or insurer for anatomic pathology
275		-	services, if such services are not personally rendered by the licensee or
276		-	under such licensee's direct supervision. As used in this subsection,
277		-	"anatomic pathology services" means the gross or microscopic
278		-	examination of histologic processing of human organ tissue or the
279		-	examination of human cells from fluids, aspirates, washings, brushings
280		-	or smears, including blood banking services, and subcellular or
281		-	molecular pathology services, performed by or under the supervision of
282		-	a person licensed to practice medicine and surgery or a clinical
283		-	laboratory. Nothing in this subsection shall be construed to prohibit
284		-	billing for anatomic pathology services by:
285		-	(A) A hospital;
286		-	(B) a clinical laboratory when samples are transferred between
287		-	clinical laboratories for the provision of anatomic pathology services;
288		-	or
289		-	(C) a physician providing services to a patient pursuant to a
290		-	medical retainer agreement in compliance with K.S.A. 65-4978, and
291		-	amendments thereto, when the bill to the patient for such services:
292		-	(i) Identifies the laboratory or physician that performed the
293		-	services;
294		-	(ii) discloses in writing to the patient the actual amount charged by
295		-	the physician or laboratory that performed the service; and
296		-	(iii) is consistent with rules and regulations adopted by the board
297		-	for appropriate billing standards applicable to such services when
298		-	furnished under these agreements. House Substitute for SENATE BILL No. 233—page 6
299		-	(33)(34) Engaging in conduct that violates patient trust and
300		-	exploits the licensee-patient relationship for personal gain.
301		-	(34)(35) Obstructing a board investigation including, but not
302		-	limited to, engaging in one or more of the following acts:
303		-	(A) Falsifying or concealing a material fact;
304		-	(B) knowingly making or causing to be made any false or
305		-	misleading statement or writing; or
306		-	(C) other acts or conduct likely to deceive or defraud the board.
307		-	(c) "False advertisement" means any advertisement that is false,
308		-	misleading or deceptive in a material respect. In determining whether
309		-	any advertisement is misleading, there shall be taken into account not
310		-	only representations made or suggested by statement, word, design,
311		-	device, sound or any combination thereof, but also the extent to which
312		-	the advertisement fails to reveal facts material in the light of such
313		-	representations made.
314		-	(d) "Advertisement" means all representations disseminated in any
315		-	manner or by any means for the purpose of inducing, or that are likely
316		-	to induce, directly or indirectly, the purchase of professional services.
317		-	(e) "Licensee" for purposes of this section and K.S.A. 65-2836,
318		-	and amendments thereto, means all persons issued a license, permit or
319		-	special permit pursuant to article 28 of chapter 65 of the Kansas
320		-	Statutes Annotated, and amendments thereto.
321		-	(f) "License" for purposes of this section and K.S.A. 65-2836, and
322		-	amendments thereto, means any license, permit or special permit
323		-	granted under article 28 of chapter 65 of the Kansas Statutes Annotated,
324		-	and amendments thereto.
325		-	(g) "Health careHealthcare entity" means any corporation, firm,
326		-	partnership or other business entity that provides services for diagnosis
327		-	or treatment of human health conditions and that is owned separately
328		-	from a referring licensee's principle practice.
329		-	(h) "Significant investment interest" means ownership of at least
330		-	10% of the value of the firm, partnership or other business entity that
331		-	owns or leases the health care healthcare entity, or ownership of at least
332		-	10% of the shares of stock of the corporation that owns or leases the
333		-	health care healthcare entity.
334		-	Sec. 8. K.S.A. 65-2837 is hereby repealed. House Substitute for SENATE BILL No. 233—page 7
335		-	Sec. 9. This act shall take effect and be in force from and after its
336		-	publication in the Kansas register.
337		-	I hereby certify that the above BILL originated in the
338		-	SENATE, and passed that body
339		-	__________________________
340		-	SENATE adopted
341		-	Conference Committee Report ________________
342		-	_________________________
343		-	President of the Senate.
344		-	_________________________
345		-	Secretary of the Senate.
346		-
347		-	Passed the HOUSE
348		-	as amended _________________________
349		-	HOUSE adopted
350		-	Conference Committee Report ________________
351		-	_________________________
352		-	Speaker of the House.
353		-	_________________________
354		-	Chief Clerk of the House.
355		-	APPROVED _____________________________
356		-	_________________________
357		-	Governor.
	12	+	New Section 1. (a) An individual who had a childhood gender
	13	+	reassignment service performed on such individual as a child may bring a
	14	+	civil cause of action against the physician who performed the childhood
	15	+	gender reassignment service.
	16	+	(1) An action against a physician pursuant to this section may be
	17	+	commenced not more than three years after the date the individual attains
	18	+	18 years of age.
	19	+	(b) As used in this section:
	20	+	(1) "Childhood gender reassignment service" means performing, or
	21	+	causing to be performed, acts including, but not limited to, any of the
	22	+	following performed upon a child under 18 years of age for the purpose of
	23	+	attempting to affirm the child's perception of the child's sex or gender, if
	24	+	that perception is inconsistent with the child's sex:
	25	+	(A) A surgery that sterilizes or is intended to result in sterilization,
	26	+	including, but not limited to, castration, vasectomy, hysterectomy,
	27	+	oophorectomy, orchiectomy and penectomy;
	28	+	(B) a surgery that artificially constructs tissue with the appearance of
	29	+	genitalia, including, but not limited to, metoidioplasty, phalloplasty and
	30	+	vaginoplasty;
	31	+	(C) a mastectomy;
	32	+	(D) prescribing, dispensing, administering or otherwise supplying the
	33	+	following medications:
	34	+	(i) Puberty-blocking medication to delay, hinder, stop or reverse
	35	+	normal puberty;
	36	+	(ii) supraphysiologic doses of testosterone to females; or
	37	+	(iii) supraphysiologic doses of estrogen to males; or
	38	+	(E) removing any body part or tissue.
	39	+	(2) "Physician" means a person licensed by the board of healing arts
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	75	+	36 SB 233 2
	76	+	to practice medicine and surgery.
	77	+	(3) "Sex" means the biological state of being female or male based on
	78	+	the individual's sex organs, chromosomes and endogenous hormone
	79	+	profiles.
	80	+	(4) "Supraphysiologic doses" means a pharmacologic dosage regimen
	81	+	that produces blood concentrations greater than the accepted range for a
	82	+	child's age and sex.
	83	+	(c) The provisions of this section shall not apply if the child was born
	84	+	with a medically verifiable disorder of sex development, including, but not
	85	+	limited to:
	86	+	(1) A child with external biological sex characteristics that are
	87	+	irresolvably ambiguous, such as a child born having 46,XX chromosomes
	88	+	with virilization, 46,XY chromosomes with undervirilization or both
	89	+	ovarian and testicular tissue; or
	90	+	(2) when a physician has otherwise diagnosed a disorder of sexual
	91	+	development, in which the physician has determined through genetic or
	92	+	biochemical testing that the child does not have the normal sex
	93	+	chromosome structure, sex steroid hormone production or sex steroid
	94	+	hormone action for a male or female of the child's age.
	95	+	(d) (1) An individual who brings an action under this section may
	96	+	seek actual damages, exemplary or punitive damages, injunctive relief and
	97	+	other appropriate relief.
	98	+	(2) In an action brought under this section, the court shall award a
	99	+	prevailing plaintiff the cost of the suit including reasonable attorney fees.
	100	+	(e) This section shall be applicable to:
	101	+	(1) Any action commenced on or after July 1, 2023, including any
	102	+	action that would be barred by the period of limitation applicable prior to
	103	+	July 1, 2023; and
	104	+	(2) any action commenced prior to July 1, 2023, and pending on July
	105	+	1, 2023.
	106	+	(f) This section shall be known and may be cited as the Kansas child
	107	+	mutilation prevention act.
	108	+	Sec. 2. K.S.A. 2022 Supp. 65-2836 is hereby amended to read as
	109	+	follows: 65-2836. (a) A licensee's license may be revoked, suspended or
	110	+	limited, or the licensee may be publicly censured or placed under
	111	+	probationary conditions, or an application for a license or for reinstatement
	112	+	of a license may be denied upon a finding of the existence of any of the
	113	+	following grounds:
	114	+	(a)(1) The licensee has committed fraud or misrepresentation in
	115	+	applying for or securing an original, renewal or reinstated license.
	116	+	(b)(2) The licensee has committed an act of unprofessional or
	117	+	dishonorable conduct or professional incompetency, except that the board
	118	+	may take appropriate disciplinary action or enter into a non-disciplinary
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	162	+	resolution when a licensee has engaged in any conduct or professional
	163	+	practice on a single occasion that, if continued, would reasonably be
	164	+	expected to constitute an inability to practice the healing arts with
	165	+	reasonable skill and safety to patients or unprofessional conduct as defined
	166	+	in K.S.A. 65-2837, and amendments thereto.
	167	+	(c)(3) The licensee has been convicted of a felony or class A
	168	+	misdemeanor, or substantially similar offense in another jurisdiction,
	169	+	whether or not related to the practice of the healing arts, or the licensee has
	170	+	been convicted in a special or general court-martial, whether or not related
	171	+	to the practice of the healing arts. The board shall revoke a licensee's
	172	+	license following conviction of a felony or substantially similar offense in
	173	+	another jurisdiction, or following conviction in a general court-martial
	174	+	occurring after July 1, 2000, unless a
	175	+	2
	176	+	/3 majority of the board members
	177	+	present and voting determine by clear and convincing evidence that such
	178	+	licensee will not pose a threat to the public in such person's capacity as a
	179	+	licensee and that such person has been sufficiently rehabilitated to warrant
	180	+	the public trust. In the case of a person who has been convicted of a felony
	181	+	or convicted in a general court-martial and who applies for an original
	182	+	license or to reinstate a canceled license, the application for a license shall
	183	+	be denied unless a
	184	+	2
	185	+	/3 majority of the board members present and voting on
	186	+	such application determine by clear and convincing evidence that such
	187	+	person will not pose a threat to the public in such person's capacity as a
	188	+	licensee and that such person has been sufficiently rehabilitated to warrant
	189	+	the public trust.
	190	+	(d)(4) The licensee has used fraudulent or false advertisements.
	191	+	(e)(5) The licensee is addicted to or has distributed intoxicating
	192	+	liquors or drugs for any other than lawful purposes.
	193	+	(f)(6) The licensee has willfully or repeatedly violated this act, the
	194	+	pharmacy act of the state of Kansas or the uniform controlled substances
	195	+	act, or any rules and regulations adopted pursuant thereto, or any rules and
	196	+	regulations of the secretary of health and environment that are relevant to
	197	+	the practice of the healing arts.
	198	+	(g)(7) The licensee has unlawfully invaded the field of practice of any
	199	+	branch of the healing arts in which the licensee is not licensed to practice.
	200	+	(h)(8) The licensee has engaged in the practice of the healing arts
	201	+	under a false or assumed name, or the impersonation of another
	202	+	practitioner. The provisions of this subsection relating to an assumed name
	203	+	shall not apply to licensees practicing under a professional corporation,
	204	+	under a business entity that holds a certificate of authorization pursuant to
	205	+	K.S.A. 2022 Supp. 65-28,134, and amendments thereto, or under any other
	206	+	legal entity duly authorized to provide such professional services in the
	207	+	state of Kansas.
	208	+	(i)(9) The licensee's ability to practice the healing arts with
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	252	+	reasonable skill and safety to patients is impaired by reason of physical or
	253	+	mental illness, or condition or use of alcohol, drugs or controlled
	254	+	substances. All information, reports, findings and other records relating to
	255	+	impairment shall be confidential and not subject to discovery by or release
	256	+	to any person or entity outside of a board proceeding.
	257	+	(j)(10) The licensee has had a license to practice the healing arts
	258	+	revoked, suspended or limited, has been censured or has had other
	259	+	disciplinary action taken, or an application for a license denied, by the
	260	+	proper licensing authority of another state, territory, District of Columbia,
	261	+	or other country.
	262	+	(k)(11) The licensee has violated any lawful rule and regulation
	263	+	promulgated by the board or violated any lawful order or directive of the
	264	+	board previously entered by the board.
	265	+	(l)(12) The licensee has failed to report or reveal the knowledge
	266	+	required to be reported or revealed under K.S.A. 65-28,122, and
	267	+	amendments thereto.
	268	+	(m)(13) The licensee, if licensed to practice medicine and surgery,
	269	+	has failed to inform in writing a patient suffering from any form of
	270	+	abnormality of the breast tissue for which surgery is a recommended form
	271	+	of treatment, of alternative methods of treatment recognized by licensees
	272	+	of the same profession in the same or similar communities as being
	273	+	acceptable under like conditions and circumstances.
	274	+	(n)(14) The licensee has cheated on or attempted to subvert the
	275	+	validity of the examination for a license.
	276	+	(o)(15) The licensee has been found to be mentally ill, disabled, not
	277	+	guilty by reason of insanity, not guilty because the licensee suffers from a
	278	+	mental disease or defect or incompetent to stand trial by a court of
	279	+	competent jurisdiction.
	280	+	(p)(16) The licensee has prescribed, sold, administered, distributed or
	281	+	given a controlled substance to any person for other than medically
	282	+	accepted or lawful purposes.
	283	+	(q)(17) The licensee has violated a federal law or regulation relating
	284	+	to controlled substances.
	285	+	(r)(18) The licensee has failed to furnish the board, or its investigators
	286	+	or representatives, any information legally requested by the board.
	287	+	(s)(19) Sanctions or disciplinary actions have been taken against the
	288	+	licensee by a peer review committee, healthcare facility, a governmental
	289	+	agency or department or a professional association or society for acts or
	290	+	conduct similar to acts or conduct that would constitute grounds for
	291	+	disciplinary action under this section.
	292	+	(t)(20) The licensee has failed to report to the board any adverse
	293	+	action taken against the licensee by another state or licensing jurisdiction,
	294	+	a peer review body, a healthcare facility, a professional association or
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	338	+	society, a governmental agency, by a law enforcement agency or a court
	339	+	for acts or conduct similar to acts or conduct that would constitute grounds
	340	+	for disciplinary action under this section.
	341	+	(u)(21) The licensee has surrendered a license or authorization to
	342	+	practice the healing arts in another state or jurisdiction, has surrendered the
	343	+	authority to utilize controlled substances issued by any state or federal
	344	+	agency, has agreed to a limitation to or restriction of privileges at any
	345	+	medical care facility or has surrendered the licensee's membership on any
	346	+	professional staff or in any professional association or society while under
	347	+	investigation for acts or conduct similar to acts or conduct that would
	348	+	constitute grounds for disciplinary action under this section.
	349	+	(v)(22) The licensee has failed to report to the board surrender of the
	350	+	licensee's license or authorization to practice the healing arts in another
	351	+	state or jurisdiction or surrender of the licensee's membership on any
	352	+	professional staff or in any professional association or society while under
	353	+	investigation for acts or conduct similar to acts or conduct that would
	354	+	constitute grounds for disciplinary action under this section.
	355	+	(w)(23) The licensee has an adverse judgment, award or settlement
	356	+	against the licensee resulting from a medical liability claim related to acts
	357	+	or conduct similar to acts or conduct that would constitute grounds for
	358	+	disciplinary action under this section.
	359	+	(x)(24) The licensee has failed to report to the board any adverse
	360	+	judgment, settlement or award against the licensee resulting from a
	361	+	medical malpractice liability claim related to acts or conduct similar to acts
	362	+	or conduct that would constitute grounds for disciplinary action under this
	363	+	section.
	364	+	(y)(25) The licensee has failed to maintain a policy of professional
	365	+	liability insurance as required by K.S.A. 40-3402 or 40-3403a, and
	366	+	amendments thereto.
	367	+	(z)(26) The licensee has failed to pay the premium surcharges as
	368	+	required by K.S.A. 40-3404, and amendments thereto.
	369	+	(aa)(27) The licensee has knowingly submitted any misleading,
	370	+	deceptive, untrue or fraudulent representation on a claim form, bill or
	371	+	statement.
	372	+	(bb)(28) The licensee as the supervising physician for a physician
	373	+	assistant has failed to adequately direct and supervise the physician
	374	+	assistant in accordance with the physician assistant licensure act or rules
	375	+	and regulations adopted under such act.
	376	+	(cc)(29) The licensee has assisted suicide in violation of K.S.A. 21-
	377	+	3406, prior to its repeal, or K.S.A. 2022 Supp. 21-5407, and amendments
	378	+	thereto, as established by any of the following:
	379	+	(1)(A) A copy of the record of criminal conviction or plea of guilty
	380	+	for a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A.
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	424	+	2022 Supp. 21-5407, and amendments thereto.
	425	+	(2)(B) A copy of the record of a judgment of contempt of court for
	426	+	violating an injunction issued under K.S.A. 60-4404, and amendments
	427	+	thereto.
	428	+	(3)(C) A copy of the record of a judgment assessing damages under
	429	+	K.S.A. 60-4405, and amendments thereto.
	430	+	(dd)(30) The licensee has given a worthless check or stopped
	431	+	payment on a debit or credit card for fees or moneys legally due to the
	432	+	board.
	433	+	(ee)(31) The licensee has knowingly or negligently abandoned
	434	+	medical records.
	435	+	(b) A physician's license shall be revoked upon a finding that the
	436	+	physician has performed a childhood gender reassignment service, as
	437	+	defined in section 1, and amendments thereto.
	438	+	Sec. 3. K.S.A. 2022 Supp. 65-2836 is hereby repealed.
	439	+	Sec. 4. This act shall take effect and be in force from and after its
	440	+	publication in the statute book.
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