Brief(1)
S.B. 110 amends two statutes in the Kansas Nurse Practice Act and one in the act under which mental health technicians are licensed and practice. The amendments to each of the statutes relate to the grounds for issuing an exempt license for licensed professional and licensed practical nurses and mental health technicians. Currently, the laws require, in order to qualify for an exempt license, the nurse or mental health technician must not be regularly practicing and be a charitable health care provider as that term is defined in the Kansas Tort Claims Act. However, to be a charitable health care provider under the Tort Claims Act one must be licensed. S.B. 110 amends the requirements to provide that in order to qualify for an exempt license one must not be in regular practice and must either volunteer his or her services or meet the criteria to be a charitable health care provider under the Kansas Tort Claims Act.
The House Committee amended S.B. 110 to make the bill effective on publication in the Kansas Register.
Background
S.B. 110 was drafted by and introduced at the request of the Health Care Reform Legislative Oversight Committee as a result of Committee study of the issue of nursing exempt licenses prior to the 1999 Session. The Committee found the existing provisions enacted in 1997 create a "catch 22" in which only a nurse or mental heath technician who was fully licensed could qualify as a charitable health care provider and thus be eligible for an exempt license which is intended to encourage persons who are retired from active practice to continue to provide charity care or to work less than regularly in certain, specified settings that serve the medically indigent. The exempt license is both less expensive than a regular license and the holder thereof does not have to complete continuing education hours to renew the exempt license.
S.B. 110 was supported by several of the organizations that represent nurses and by the Association of Clinics for the Medically Indigent in hearings before the Senate Committee. The Board of Nursing opposed the bill.
As amended the bill would still require persons who provide services in indigent clinics, local health departments, and certain other settings to be fully licensed or already to be the holder of an exempt license in order to be designated as a charitable health care provider since such settings may charge fees based on ability to pay for services or reimburse providers.
The fiscal note on S.B. 110 suggests a possible loss of $600 ($120 State General Fund) in the next fiscal year resulting from initial application for and renewal of exempt licenses at a fee less than the regular license fee and renewal fee. The Board of Nursing estimates no more than a total of 20 applications for exempt licenses will be requested annually.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.