Brief (1)
SB 527, as amended by Senate Committee and the Senate Committee of the Whole, amends three of the statutes that are a part of the Kansas Healing Arts Act.
The amendments impose a new duty on the Board of Healing Arts by directing the Board to revoke the license of a practitioner of the healing arts if, after July 1, 2000, the licensee is convicted of a felony unless the Board, by a two-thirds majority of the members present and voting, determines by clear and convincing evidence the licensee will not pose a threat to the public and has been sufficiently rehabilitated to warrant the public trust. In the case of a person who has been convicted of a felony who is applying for an original license or the reinstatement of a cancelled license, the application is to be denied unless two-thirds of the members present and voting make the same finding.
Other amendments authorize the Board to order a licensee to submit to a physical or mental examination or drug screen either in the course of an investigation or a disciplinary proceeding if reasonable suspicion exists to believe the licensee is unable to practice with reasonable skill and safety by reason of physical or mental illness or use of alcohol, drugs, or controlled substances. The amendments authorize investigative information relating to determining whether reasonable suspicion exists to compel the licensee to submit to a physical or mental examination or drug screen to be submitted to a presiding officer authorized under the Kansas Administrative Procedure Act.
The Committee amendments delete the requirement that the Board of Healing Arts prepare a standardized summary of information of methods of treatment for breast cancer that are alternatives to surgery. The requirement that written information be provided the patient remains. A failure to provide such information constitutes grounds for disciplinary action against the licensee.
The Senate Committee amendments add an additional section of the Healing Arts Act that concerns the issuing of temporary permits and postgraduate permits to practice a branch of the healing arts. The amendments remove the 36-month limitation on the postgraduate permit.
The Senate Committee of the Whole amended SB 527 to correct an internal statutory reference. Additionally, the Senate Committee of the Whole added a section to the bill that amends the existing law relating to the limitations placed on the holder of an institutional license to practice the healing arts. The amendment would allow the holder of an institutional license issued prior to May 8, 1997,who is providing mental health services pursuant to a written protocol with a person licenced to practice medicine and surgery to continue to practice in Kansas under the institutional license.
Background
In its original form SB 527 was very similar to legislation considered during the 1999 Session which was requested and supported by the Kansas Medical Society. The current bill was also requested by the Medical Society whose representative provided supporting testimony to the Senate Committee. Support for the bill was also expressed by a representative of the Board of Healing Arts who requested the additional amendments that appear as Senate Committee amendments. A representative of the Kansas Association of Osteopathic Medicine expressed concerns about the bill as introduced. A representative of the Kansas Board of Veterinary Examiners asked that the Board be amended into the bill to establish the same criteria for evaluation of licensees convicted of a felony, a request that could not be honored when the bill was amended to include other subjects.
The amendments relating to the authority of the Board of Healing Arts to compel a licensee to submit to a mental or physical examination or drug screen as a part of an investigation would change the law as interpreted by the Supreme Court in Corder v. Kansas Board of Healing Arts, a case in which the Board's revocation of a license to practice medicine and surgery was overturned. In Corder, the Court held a licensee could be compelled to submit to a mental or physical examination only after a formal disciplinary proceeding had been initiated. The amendment that deletes the requirement for the Board of Healing Arts to prepare a written summary of alternatives to surgery for breast cancer patients is outdated according to conferees because there are more comprehensive and timely written materials available from private sector organizations such as the Red Cross that can be used by physicians to provide written information to patients. The amendment that relates to the postgraduate permit to practice a branch of the healing arts during the time the holder of the permit is engaged in an approved postgraduate training program is necessary because some residencies are now five or more years in length.
The fiscal note for SB 527 indicates the Board of Healing Arts anticipates no additional expenditures arising from passage of the bill.
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