ONE HUNDRED NINTH LEGISLATURE - FIRST SESSION - 2025
COMMITTEE STATEMENT
LB202
Hearing Date: Wednesday March 05, 2025
Committee On: Health and Human Services
Introducer: Kauth
One Liner: Exempt certain activities from disciplinary action under the Medicine and Surgery Practice Act
Roll Call Vote - Final Committee Action:
Advanced to General File with amendment(s)
Vote Results:
Aye: 5 Senators Hardin, Ballard, Fredrickson, Hansen, Meyer
Nay: 1 Senator Riepe
Absent:
Present Not Voting:1 Senator Quick
Testimony:
Proponents: Representing:
Senator Kathleen Kauth Opening Presenter
Opponents: Representing:
Neutral: Representing:
* ADA Accommodation Written Testimony
Summary of purpose and/or changes:
LB 202 would protect physicians and surgeons from discipline for expressing an opinion or providing medical advice
that differs from medical consensus.
Sec. 1: It is the intent of the Legislature to ensure the protection of the rights under the First Amendment of the U.S.
Constitution for individuals licensed to practice osteopathic medicine and surgery by providing for the public
expression of differing medical opinions and allowing such opinions to be subjected to the scrutiny of
public/professional forums. A license to practice medicine and surgery of osteopathic medicine and surgery shall not
be subject to any disciplinary measures as a result of the applicant or licensee expressing an opinion in a
public/professional forum.
Sec. 2: Repealer
Explanation of amendments:
AM 57 adds language as Subsection 2(b) in which the expression of an opinion by an applicant or licensee in a public
or professional forum does not include the expression of an opinion offered in the course of the applicant's or
licensee's practice, including providing services to a patient.
Committee Statement: LB202
Health and Human Services Committee
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Brian Hardin, Chairperson
Committee Statement: LB202
Health and Human Services Committee
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