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Kansas House Bill HB2367

Kansas 2025-2026 Regular Session

Kansas House Bill HB2367 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2367
33 By Committee on Health and Human Services
44 Requested by Kevin Barone on behalf of the Kansas Naturopathic Doctors
55 Association
66 2-7
77 AN ACT concerning health and healthcare; relating to naturopathic
88 doctors; providing naturopathic doctors a certificate of authorization for
99 a business entity to practice medicine; amending K.S.A. 17-2710 and
1010 K.S.A. 2024 Supp. 65-28,134 and repealing the existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 Section 1. K.S.A. 17-2710 is hereby amended to read as follows: 17-
1313 2710. A professional corporation may be organized only for the purpose of
1414 rendering one type of professional service and service ancillary thereto and
1515 shall not engage in any other business, except that a single professional
1616 corporation may be organized to and render professional services under
1717 any two or more of the types set forth in items (2), (6), (13) and (17) of
1818 subsection (b) of K.S.A. 17-2707(b)(2), (6), (13) and (17), and
1919 amendments thereto;, under any two or more of the types set forth in items
2020 (4), (5), (7), (8), (9), (11), (12), (14), (15), (16), (18), (20), (22), (23), (26)
2121 or (27) of subsection (b) of K.S.A. 17-2707(b)(4), (5), (7), (8), (9), (11),
2222 (12), (14), (15), (16), (18), (20), (22), (23), (26), (27) and (28), and
2323 amendments thereto;, under any two or more of the types set forth in items
2424 (8), (9), (18), (24), (25), (26) and (27) of subsection (b) of K.S.A. 17-
2525 2707(b)(8), (9), (18), (24), (25), (26), (27) and (28), and amendments
2626 thereto;, or under the types set forth in items (16) and (25) of subsection
2727 (b) of K.S.A. 17-2707(b)(16) and (25), and amendments thereto, but shall
2828 be deemed to have the following purposes, whether or not authorized by
2929 its article of incorporation:
3030 (a) To purchase, receive, lease, or otherwise acquire, own, hold,
3131 improve, use and otherwise deal in and with, real or personal property, or
3232 any interest therein, wherever situated;
3333 (b) to purchase, receive, or otherwise acquire, own, hold, vote, use,
3434 employ, sell, mortgage, lend, pledge, or otherwise dispose of, and
3535 otherwise use and deal in and with, shares of other interests in, or
3636 obligations of, other domestic or foreign corporations, associations,
3737 partnerships or individuals, insurance or annuities in any form, or direct or
3838 indirect obligations of the United States or of any other government, state,
3939 territory, governmental district or municipality or of any instrumentality
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7474 thereof;
7575 (c) to pay pensions and establish pension plans, profit-sharing plans,
7676 stock bonus plans, stock option plans and other incentive plans for any or
7777 all of its directors, officers and employees;
7878 (d) to do all things necessary or incidental to the practice of the
7979 profession which that the professional corporation is authorized to
8080 practice.
8181 Sec. 2. K.S.A. 2024 Supp. 65-28,134 is hereby amended to read as
8282 follows: 65-28,134. (a) Notwithstanding any other provision of law, a
8383 business entity issued a certificate of authorization by the board may
8484 employ or contract with one or more licensees of the board for the purpose
8585 of providing professional services for which such licensees hold a valid
8686 license issued by the board. Nothing in the Kansas healing arts act shall be
8787 construed to prohibit a licensee from being employed by or under contract
8888 to provide professional services for a business entity granted a certificate
8989 of authorization pursuant to this section. Medical care facilities, as defined
9090 by K.S.A. 65-425, and amendments thereto, that are in compliance with
9191 department of health and environment licensure requirements are exempt
9292 from the provisions of this section. Nothing contained herein shall be
9393 construed to allow a corporation to practice optometry or dentistry, except
9494 as otherwise provided in K.S.A. 17-2706, and amendments thereto.
9595 (b) (1) A business entity may apply to the state board of healing arts
9696 for a certificate of authorization, on a form and in a manner prescribed by
9797 the state board of healing arts, and shall include the following information:
9898 (A) The name of the business entity;
9999 (B) a list of the names of the owners and officers of the business
100100 entity;
101101 (C) a description of the apportionment of liability of all partners or
102102 owners, if the business entity is organized as a limited partnership or a
103103 limited liability company;
104104 (D) a list of each responsible official if the business entity is
105105 organized as a governmental unit; and
106106 (E) a list of all licensed physicians and, chiropractors and
107107 naturopathic doctors to be hired by the business entity.
108108 (2) As a condition of certification, a business entity shall be required
109109 to provide the state board of healing arts evidence of the following:
110110 (A) The address of the business entity;
111111 (B) a city or county occupational license; and
112112 (C) licensure of all physicians and, chiropractors and naturopathic
113113 doctors to be employed by the business entity.
114114 (3) A business entity applying for certification shall remit a fee set by
115115 the state board of healing arts through rules and regulations, not to exceed
116116 $1,000.
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160160 (c) (1) If the state board of healing arts finds that such business entity
161161 is in compliance with all of the requirements of this section, the state board
162162 of healing arts shall issue a certificate of authorization to such business
163163 entity designating the business entity as authorized to employ individuals
164164 licensed to practice medicine and surgery or, chiropractic or naturopathy,
165165 as applicable.
166166 (2) A certificate of authorization shall be renewed annually and
167167 accompanied by a fee to be fixed by the state board of healing arts. The
168168 renewal fee shall be accompanied by a form prescribed by the state board
169169 of healing arts.
170170 (d) Except as provided in K.S.A. 40-3403, and amendments thereto,
171171 no business entity issued a certificate of authorization under this section
172172 shall be relieved of responsibility for the conduct or acts of its agents or
173173 employees by reason of its compliance with the provisions of this section,
174174 nor shall any individual licensed to practice the healing arts be relieved of
175175 responsibility and liability for services performed by reason of
176176 employment or relationship with such business entity. Nothing in this
177177 section shall exempt any business entity from the provisions of any other
178178 law applicable to the business entity.
179179 (e) A business entity issued a certificate of authorization under this
180180 section shall not:
181181 (1) In any manner, directly or indirectly, interfere with, diminish,
182182 restrict, substitute its judgment for or otherwise exercise control over the
183183 independent professional judgment and decisions of its employed licensees
184184 as it relates to the care of patients; or
185185 (2) prohibit or restrict any employed licensee from discussing with or
186186 disclosing to any patient or other individual any medically appropriate
187187 healthcare information that such licensee deems appropriate regarding the
188188 nature of treatment options, the risks or alternatives thereto, the process
189189 used or the decision made by the business entity to approve or deny
190190 healthcare services, the availability of alternate therapies, consultations or
191191 tests, or from advocating on behalf of the patient.
192192 (f) As used in this section:
193193 (1) (A) "Business entity" means an employer located in Kansas that
194194 utilizes electronic medical records and offers medicine and surgery or,
195195 chiropractic or naturopathy services solely for its employees and the
196196 dependents of such employees at the employer's work site;, an
197197 organization that is licensed to sell accident and sickness insurance in the
198198 state that and is also a mutual or non-profit health carrier that utilizes
199199 electronic medical records, or a wholly owned subsidiary of such
200200 organization that provides medical services solely for the organization's
201201 enrollees and dependents of such enrollees;, or an information technology
202202 company that designs, utilizes and provides electronic medical records for
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246246 businesses and worksite medical clinics for employers located in Kansas
247247 and offers medicine and surgery or, chiropractic or naturopathy services
248248 solely to its employees and the dependents of such employees at the
249249 employer's work sites in Kansas.
250250 (B) "Business entity" does not include medical care facilities under
251251 K.S.A. 65-425, and amendments thereto, corporations licensed under
252252 K.S.A. 40-3214, and amendments thereto, and professional corporations
253253 organized pursuant to the professional corporation law of Kansas.
254254 (2) "Physician" means a person licensed by the state board of healing
255255 arts to practice medicine and surgery.
256256 (3) "Licensee" means a person licensed by the state board of healing
257257 arts to practice medicine and surgery or, chiropractic or naturopathy and
258258 whose license is in a full active status and has not been revoked,
259259 suspended, limited or placed under probationary conditions.
260260 (g) A business entity's certificate of authorization may be revoked,
261261 suspended or limited, may be or publicly censured or placed under
262262 probationary conditions, or an application for a certificate or for
263263 reinstatement of a certificate may be denied upon a finding of the
264264 existence of any of the following grounds:
265265 (1) The business entity has committed fraud or misrepresentation in
266266 applying for or securing an original, renewal or reinstated certificate.
267267 (2) The business entity has willfully or repeatedly violated this act,
268268 the pharmacy act of the state of Kansas or the uniform controlled
269269 substances act or any rules and regulations adopted pursuant thereto, or
270270 any rules and regulations of the secretary of health and environment that
271271 are relevant to the practice of the healing arts.
272272 (3) The business entity has had a certificate, or equivalent
273273 authorization, to employ licensees to practice the healing arts revoked,
274274 suspended or limited, has been censured or has had other disciplinary
275275 action taken or has had an application for a certificate or license denied, by
276276 the proper licensing authority of another state.
277277 (4) The business entity has violated any lawful rule and regulation
278278 promulgated by the board.
279279 (5) The business entity has failed to report or reveal the knowledge
280280 required to be reported or revealed under K.S.A. 65-28,122, and
281281 amendments thereto.
282282 (6) The business entity has failed to report to the board any adverse
283283 action taken against the business entity by another state or licensing
284284 jurisdiction, a governmental agency, by a law enforcement agency or a
285285 court for acts or conduct similar to acts or conduct that would constitute
286286 grounds for disciplinary action under this section.
287287 (7) The business entity has engaged in conduct likely to deceive,
288288 defraud or harm the public.
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332332 (8) The business entity has engaged in conduct that violates patient
333333 trust and exploits the licensee-patient relationship for corporate gain.
334334 (9) The business entity has used any false, fraudulent or deceptive
335335 statement in any document connected with the practice of the healing arts,
336336 including the intentional falsifying or fraudulent altering of a patient
337337 healthcare record.
338338 (10) The business entity has failed to furnish to the board, or its
339339 investigators or representatives, any information legally requested by the
340340 board.
341341 (11) The business entity has had, or failed to report to the board, any
342342 adverse judgment, award or settlement against the business entity resulting
343343 from a medical liability claim related to acts or conduct similar to acts or
344344 conduct that would constitute grounds for disciplinary action under this
345345 section.
346346 (12) The business entity has been convicted of a felony or class A
347347 misdemeanor, or substantially similar offense in another jurisdiction,
348348 related to the practice of the healing arts.
349349 (h) The state board of healing arts shall adopt all rules and regulations
350350 as necessary to implement and administer the provisions of this section.
351351 (i) For the purposes of determining the impact on the healthcare
352352 stabilization fund of requiring business entities to comply with the
353353 provisions of the healthcare provider insurance availability act, the
354354 healthcare stabilization fund is hereby directed to conduct such acturarial
355355 actuarial and operational studies as are necessary to determine such
356356 impact, and to report the findings to the legislature on or before January 1,
357357 2020.
358358 (j) This section shall be a part of and supplemental to the Kansas
359359 healing arts act.
360360 (k) The provisions of this section shall take effect on and after March
361361 1, 2020.
362362 Sec. 3. K.S.A. 17-2710 and K.S.A. 2024 Supp. 65-28,134 are hereby
363363 repealed.
364364 Sec. 4. This act shall take effect and be in force from and after its
365365 publication in the statute book.
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