Kansas 2025-2026 Regular Session

Kansas House Bill HB2071 Compare Versions

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1	1	Session of 2025
2	2	HOUSE BILL No. 2071
3	3	By Committee on Health and Human Services
4	4	Requested by Representative Bryce
5	5	1-23
6	6	AN ACT concerning children and minors; relating to healthcare of minors;
7	7	enacting the help not harm act; prohibiting healthcare providers from
8	8	treating a child whose gender identity is inconsistent with the child's
9	9	sex; authorizing a civil cause of action against healthcare providers for
10	10	providing such treatments; restricting use of state funds to promote
11	11	gender transitioning; prohibiting professional liability insurance from
12	12	covering damages for healthcare providers that provide gender
13	13	transition treatment to children; requiring professional discipline
14	14	against a healthcare provider who performs such treatments; adding
15	15	violation of the act to the definition of unprofessional conduct for
16	16	physicians; amending K.S.A. 65-2837 and repealing the existing
17	17	section.
18	18	Be it enacted by the Legislature of the State of Kansas:
19	19	New Section 1. (a) The provisions of sections 1 through 6, and
20	20	amendments thereto, shall be known and may be cited as the help not harm
21	21	act.
22	22	(b) As used in this act:
23	23	(1) "Child" means an individual less than 18 years of age.
24	24	(2) "Female" means an individual who is a member of the female sex.
25	25	(3) "Gender" means the psychological, behavioral, social and cultural
26	26	aspects of being male or female.
27	27	(4) "Gender dysphoria" is the diagnosis of gender dysphoria in the
28	28	fifth edition of the diagnostic and statistical manual of mental disorders.
29	29	(5) "Healthcare provider" means an individual who is licensed,
30	30	certified or otherwise authorized by the laws of this state to administer
31	31	healthcare services in the ordinary course of the practice of such
32	32	individual's profession.
33	33	(6) "Male" means an individual who is a member of the male sex.
34	34	(7) "Perceived sex" is an individual's internal sense of such
35	35	individual's sex.
36	36	(8) "Perceived gender" is an individual's internal sense of such
37	37	individual's gender.
38	38	(9) "Sex" means the biological indication of male and female in the
39	39	context of reproductive potential or capacity, including sex chromosomes,
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75	75	naturally occurring sex hormones, gonads and nonambiguous internal and
76	76	external genitalia present at birth, without regard to an individual's
77	77	psychological, chosen or subjective experience of gender.
78	78	(10) "Social transitioning" means acts other than medical or surgical
79	79	interventions that are undertaken for the purpose of presenting as a
80	80	member of the opposite sex, including the changing of an individual's
81	81	preferred pronouns or manner of dress.
82	82	New Sec. 2. (a) A recipient of state funds shall not use such funds to
83	83	provide or subsidize medication or surgery as provided in section 3, and
84	84	amendments thereto, as a treatment for a child's perception of gender or
85	85	sex that is inconsistent with such child's sex.
86	86	(b) An individual or entity that receives state funds to pay for or
87	87	subsidize the treatment of children for psychological conditions, including
88	88	gender dysphoria, shall not prescribe, dispense or administer medication or
89	89	perform surgery as provided in section 3, and amendments thereto, or
90	90	provide a referral to another healthcare provider for such medication or
91	91	surgery for a child whose perceived gender or perceived sex is inconsistent
92	92	with such child's sex.
93	93	(c) The Kansas program of medical assistance and its managed care
94	94	organizations shall not reimburse or provide coverage for medication or
95	95	surgery as provided in section 3, and amendments thereto, as a treatment
96	96	for a child whose perceived gender or perceived sex is inconsistent with
97	97	such child's sex.
98	98	(d) Except to the extent required by the first amendment to the United
99	99	States constitution, a state property, facility or building shall not be used to
100	100	promote or advocate the use of social transitioning, medication or surgery
101	101	as provided in section 3, and amendments thereto, as a treatment for a
102	102	child whose perceived gender or perceived sex is inconsistent with such
103	103	child's sex.
104	104	(e) A state property, facility or building shall not be used to prescribe,
105	105	dispense or administer medication or perform surgery as provided in
106	106	section 3, and amendments thereto, as a treatment for a child whose
107	107	perceived gender or perceived sex is inconsistent with such child's sex.
108	108	(f) A state employee whose official duties include the care of children
109	109	shall not, while engaged in those official duties, promote the use of social
110	110	transitioning or provide or promote medication or surgery as provided in
111	111	section 3, and amendments thereto, as a treatment for a child whose
112	112	perceived gender or perceived sex is inconsistent with such child's sex.
113	113	New Sec. 3. (a) Except as provided in subsection (c) or (d), a
114	114	healthcare provider shall not knowingly perform the following surgical
115	115	procedures or prescribe, dispense or administer the following medications
116	116	to a female child for the purpose of treatment for distress arising from such
117	117	female child's perception that such child's gender or sex is not female:
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161	161	(1) Surgical procedures, including, but not limited to, a vaginectomy,
162	162	hysterectomy, oophorectomy, ovariectomy, reconstruction of the urethra,
163	163	metoidioplasty, phalloplasty, scrotoplasty, implantation of erection or
164	164	testicular protheses, subcutaneous mastectomy, voice surgery, liposuction,
165	165	lipofilling or pectoral implants;
166	166	(2) supraphysiologic doses of testosterone or other androgens; or
167	167	(3) puberty blockers such as GnRH agonists or other synthetic drugs
168	168	that suppress the production of estrogen and progesterone to delay or
169	169	suppress pubertal development in female children.
170	170	(b) Except as provided in subsection (c) or (d), a healthcare provider
171	171	shall not knowingly perform the following surgical procedures or
172	172	prescribe, dispense or administer the following medications to a male child
173	173	for the purpose of treatment for distress arising from such male child's
174	174	perception that such child's gender or sex is not male:
175	175	(1) Surgical procedures, including, but not limited to, a penectomy,
176	176	orchiectomy, vaginoplasty, clitoroplasty, vulvoplasty, augmentation
177	177	mammoplasty, facial feminization surgery, liposuction, lipofilling, voice
178	178	surgery, thyroid cartilage reduction or gluteal augmentation;
179	179	(2) supraphysiologic doses of estrogen; or
180	180	(3) puberty blockers such as GnRH agonists or other synthetic drugs
181	181	that suppress the production of testosterone or delay or suppress pubertal
182	182	development in male children.
183	183	(c) The treatments prohibited by subsections (a) and (b) shall not
184	184	apply to treatment provided for other purposes, including:
185	185	(1) Treatment for individuals born with a medically verifiable
186	186	disorder of sex development, including:
187	187	(A) An individual born with external biological sex characteristics
188	188	that are irresolvably ambiguous, including an individual born with 46 XX
189	189	chromosomes with virilization, 46 XY chromosomes with under
190	190	virilization or having both ovarian and testicular tissue; or
191	191	(B) an individual whom a physician has otherwise diagnosed with a
192	192	disorder of sexual development that the physician has determined through
193	193	genetic or biochemical testing that such individual does not have normal
194	194	sex chromosome structure, sex steroid hormone production or sex steroid
195	195	hormone action for a male or female; and
196	196	(2) treatment of any infection, injury, disease or disorder that has
197	197	been caused or exacerbated by the performance of a procedure listed in
198	198	subsections (a) or (b).
199	199	(d) If a healthcare provider has initiated a course of treatment for a
200	200	child that includes prescribing, administering or dispensing of a drug
201	201	prohibited by subsection (a)(2), (a)(3), (b)(2) or (b)(3) prior to the effective
202	202	date of this act, the healthcare provider may continue such course of
203	203	treatment if the healthcare provider:
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247	247	(1) Develops a plan to systematically reduce the child's use of such
248	248	drug;
249	249	(2) determines and documents in the child's medical record that
250	250	immediately terminating the child's use of such drug would cause harm to
251	251	the child; and
252	252	(3) such course of treatment shall not extend beyond December 31,
253	253	2025.
254	254	New Sec. 4. (a) If a healthcare provider violates the provisions of
255	255	section 3, and amendments thereto:
256	256	(1) The healthcare provider has engaged in unprofessional conduct
257	257	and, notwithstanding any provision of law to the contrary, the license of
258	258	such healthcare provider shall be revoked by the appropriate licensing
259	259	entity or disciplinary review board with competent jurisdiction in this
260	260	state.
261	261	(b) A healthcare provider who provides treatment to a child in
262	262	violation of section 3(a) or (b), and amendments thereto, shall be held
263	263	strictly liable to such child if the treatment or effects of such treatment
264	264	results in any physical, psychological, emotional or physiological harms to
265	265	such child in the next 10 years from the date that the individual turns 18
266	266	years of age.
267	267	(c) The parents of a child who has experienced violation of section
268	268	3(a) or (b), and amendments thereto, shall have a private cause of action
269	269	against a healthcare provider for damages and equitable relief as the court
270	270	may determine is justified. A prevailing party may recover the costs of the
271	271	suit and reasonable attorney fees.
272	272	(d) (1) An individual who was provided treatment as a child in
273	273	violation of section 3(a) or (b), and amendments thereto, shall have a
274	274	private cause of action against the healthcare provider who provided such
275	275	treatment for actual damages, punitive damages, injunctive relief, the cost
276	276	of the suit and reasonable attorney fees.
277	277	(2) An action against a healthcare provider pursuant to this subsection
278	278	shall be filed within 10 years from the date that the individual turns 18
279	279	years of age.
280	280	New Sec. 5. A professional liability insurance policy issued to a
281	281	healthcare provider shall not include coverage for damages assessed
282	282	against the healthcare provider who provides treatment to a child in
283	283	violation of section 3(a) or (b), and amendments thereto.
284	284	New Sec. 6. If any provision or clause of this act or application
285	285	thereof to any person or circumstance is held invalid, such invalidity shall
286	286	not affect other provisions or applications of this act that can be given
287	287	effect without the invalid provision or application, and to this end the
288	288	provisions of this act are declared to be severable.
289	289	Sec. 7. K.S.A. 65-2837 is hereby amended to read as follows: 65-
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333	333	2837. As used in K.S.A. 65-2836, and amendments thereto, and in this
334	334	section:
335	335	(a) "Professional incompetency" means:
336	336	(1) One or more instances involving failure to adhere to the
337	337	applicable standard of care to a degree that constitutes gross negligence, as
338	338	determined by the board.
339	339	(2) Repeated instances involving failure to adhere to the applicable
340	340	standard of care to a degree that constitutes ordinary negligence, as
341	341	determined by the board.
342	342	(3) A pattern of practice or other behavior that demonstrates a
343	343	manifest incapacity or incompetence to practice the healing arts.
344	344	(b) "Unprofessional conduct" means:
345	345	(1) Solicitation of professional patronage through the use of
346	346	fraudulent or false advertisements, or profiting by the acts of those
347	347	representing themselves to be agents of the licensee.
348	348	(2) Representing to a patient that a manifestly incurable disease,
349	349	condition or injury can be permanently cured.
350	350	(3) Assisting in the care or treatment of a patient without the consent
351	351	of the patient, the attending physician or the patient's legal representatives.
352	352	(4) The use of any letters, words or terms as an affix, on stationery, in
353	353	advertisements or otherwise indicating that such person is entitled to
354	354	practice a branch of the healing arts for which such person is not licensed.
355	355	(5) Performing, procuring or aiding and abetting in the performance
356	356	or procurement of a criminal abortion.
357	357	(6) Willful betrayal of confidential information.
358	358	(7) Advertising professional superiority or the performance of
359	359	professional services in a superior manner.
360	360	(8) Advertising to guarantee any professional service or to perform
361	361	any operation painlessly.
362	362	(9) Participating in any action as a staff member of a medical care
363	363	facility that is designed to exclude or that results in the exclusion of any
364	364	person licensed to practice medicine and surgery from the medical staff of
365	365	a nonprofit medical care facility licensed in this state because of the
366	366	branch of the healing arts practiced by such person or without just cause.
367	367	(10) Failure to effectuate the declaration of a qualified patient as
368	368	provided in K.S.A. 65-28,107(a), and amendments thereto.
369	369	(11) Prescribing, ordering, dispensing, administering, selling,
370	370	supplying or giving any amphetamines or sympathomimetic amines,
371	371	except as authorized by K.S.A. 65-2837a, and amendments thereto.
372	372	(12) Conduct likely to deceive, defraud or harm the public.
373	373	(13) Making a false or misleading statement regarding the licensee's
374	374	skill or the efficacy or value of the drug, treatment or remedy prescribed
375	375	by the licensee or at the licensee's direction in the treatment of any disease
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419	419	or other condition of the body or mind.
420	420	(14) Aiding or abetting the practice of the healing arts by an
421	421	unlicensed, incompetent or impaired person.
422	422	(15) Allowing another person or organization to use the licensee's
423	423	license to practice the healing arts.
424	424	(16) Commission of any act of sexual abuse, misconduct or other
425	425	improper sexual contact that exploits the licensee-patient relationship with
426	426	a patient or a person responsible for health care healthcare decisions
427	427	concerning such patient.
428	428	(17) The use of any false, fraudulent or deceptive statement in any
429	429	document connected with the practice of the healing arts including the
430	430	intentional falsifying or fraudulent altering of a patient or medical care
431	431	facility record.
432	432	(18) Obtaining any fee by fraud, deceit or misrepresentation.
433	433	(19) Directly or indirectly giving or receiving any fee, commission,
434	434	rebate or other compensation for professional services not actually and
435	435	personally rendered, other than through the legal functioning of lawful
436	436	professional partnerships, corporations, limited liability companies or
437	437	associations.
438	438	(20) Failure to transfer patient records to another licensee when
439	439	requested to do so by the subject patient or by such patient's legally
440	440	designated representative.
441	441	(21) Performing unnecessary tests, examinations or services that have
442	442	no legitimate medical purpose.
443	443	(22) Charging an excessive fee for services rendered.
444	444	(23) Prescribing, dispensing, administering or distributing a
445	445	prescription drug or substance, including a controlled substance, in an
446	446	improper or inappropriate manner, or for other than a valid medical
447	447	purpose, or not in the course of the licensee's professional practice.
448	448	(24) Repeated failure to practice healing arts with that level of care,
449	449	skill and treatment that is recognized by a reasonably prudent similar
450	450	practitioner as being acceptable under similar conditions and
451	451	circumstances.
452	452	(25) Failure to keep written medical records that accurately describe
453	453	the services rendered to the patient, including patient histories, pertinent
454	454	findings, examination results and test results.
455	455	(26) Delegating professional responsibilities to a person when the
456	456	licensee knows or has reason to know that such person is not qualified by
457	457	training, experience or licensure to perform them.
458	458	(27) Using experimental forms of therapy without proper informed
459	459	patient consent, without conforming to generally accepted criteria or
460	460	standard protocols, without keeping detailed legible records or without
461	461	having periodic analysis of the study and results reviewed by a committee
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505	505	or peers.
506	506	(28) Prescribing, dispensing, administering or distributing an anabolic
507	507	steroid or human growth hormone for other than a valid medical purpose.
508	508	Bodybuilding, muscle enhancement or increasing muscle bulk or strength
509	509	through the use of an anabolic steroid or human growth hormone by a
510	510	person who is in good health is not a valid medical purpose.
511	511	(29) Referring a patient to a health care healthcare entity for services
512	512	if the licensee has a significant investment interest in the health care
513	513	healthcare entity, unless the licensee informs the patient in writing of such
514	514	significant investment interest and that the patient may obtain such
515	515	services elsewhere.
516	516	(30) Failing to properly supervise, direct or delegate acts that
517	517	constitute the healing arts to persons who perform professional services
518	518	pursuant to such licensee's direction, supervision, order, referral,
519	519	delegation or practice protocols.
520	520	(31) Violating K.S.A. 65-6703, and amendments thereto.
521	521	(32) Violating the help not harm act, sections 1 through 6, and
522	522	amendments thereto.
523	523	(33) Charging, billing or otherwise soliciting payment from any
524	524	patient, patient's representative or insurer for anatomic pathology services,
525	525	if such services are not personally rendered by the licensee or under such
526	526	licensee's direct supervision. As used in this subsection, "anatomic
527	527	pathology services" means the gross or microscopic examination of
528	528	histologic processing of human organ tissue or the examination of human
529	529	cells from fluids, aspirates, washings, brushings or smears, including blood
530	530	banking services, and subcellular or molecular pathology services,
531	531	performed by or under the supervision of a person licensed to practice
532	532	medicine and surgery or a clinical laboratory. Nothing in this subsection
533	533	shall be construed to prohibit billing for anatomic pathology services by:
534	534	(A) A hospital;
535	535	(B) a clinical laboratory when samples are transferred between
536	536	clinical laboratories for the provision of anatomic pathology services; or
537	537	(C) a physician providing services to a patient pursuant to a medical
538	538	retainer agreement in compliance with K.S.A. 65-4978, and amendments
539	539	thereto, when the bill to the patient for such services:
540	540	(i) Identifies the laboratory or physician that performed the services;
541	541	(ii) discloses in writing to the patient the actual amount charged by
542	542	the physician or laboratory that performed the service; and
543	543	(iii) is consistent with rules and regulations adopted by the board for
544	544	appropriate billing standards applicable to such services when furnished
545	545	under these agreements.
546	546	(33)(34) Engaging in conduct that violates patient trust and exploits
547	547	the licensee-patient relationship for personal gain.
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591	591	(34)(35) Obstructing a board investigation including, but not limited
592	592	to, engaging in one or more of the following acts:
593	593	(A) Falsifying or concealing a material fact;
594	594	(B) knowingly making or causing to be made any false or misleading
595	595	statement or writing; or
596	596	(C) other acts or conduct likely to deceive or defraud the board.
597	597	(c) "False advertisement" means any advertisement that is false,
598	598	misleading or deceptive in a material respect. In determining whether any
599	599	advertisement is misleading, there shall be taken into account not only
600	600	representations made or suggested by statement, word, design, device,
601	601	sound or any combination thereof, but also the extent to which the
602	602	advertisement fails to reveal facts material in the light of such
603	603	representations made.
604	604	(d) "Advertisement" means all representations disseminated in any
605	605	manner or by any means for the purpose of inducing, or that are likely to
606	606	induce, directly or indirectly, the purchase of professional services.
607	607	(e) "Licensee" for purposes of this section and K.S.A. 65-2836, and
608	608	amendments thereto, means all persons issued a license, permit or special
609	609	permit pursuant to article 28 of chapter 65 of the Kansas Statutes
610	610	Annotated, and amendments thereto.
611	611	(f) "License" for purposes of this section and K.S.A. 65-2836, and
612	612	amendments thereto, means any license, permit or special permit granted
613	613	under article 28 of chapter 65 of the Kansas Statutes Annotated, and
614	614	amendments thereto.
615	615	(g) "Health careHealthcare entity" means any corporation, firm,
616	616	partnership or other business entity that provides services for diagnosis or
617	617	treatment of human health conditions and that is owned separately from a
618	618	referring licensee's principle practice.
619	619	(h) "Significant investment interest" means ownership of at least 10%
620	620	of the value of the firm, partnership or other business entity that owns or
621	621	leases the health care healthcare entity, or ownership of at least 10% of the
622	622	shares of stock of the corporation that owns or leases the health care
623	623	healthcare entity.
624	624	Sec. 8. K.S.A. 65-2837 is hereby repealed.
625	625	Sec. 9. This act shall take effect and be in force from and after its
626	626	publication in the statute book.
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