Nearly a month into the legislative session, the pace has rapidly increased at the Capitol. The deadline for individuals to introduce bills that are not exempted from scheduling restrictions has now passed and committees have begun their work in earnest. The House and Senate health committees are non-exempt and only have one full week remaining for hearings and votes to advance issues to the opposite chamber ahead of the “Turnaround” deadline. Non-exempt bills that have not been voted on by February 17th cannot advance.

Both health committees have been busy holding hearings on priority issues as turnaround approaches. KMS has been actively testifying and working on issues affecting your practice and patients. The next ten days will largely determine which issues have a path to becoming law this session. Among the issues receiving attention this session so far:

SB 19 establishes the “conscientious right to refuse act”, which prohibits discrimination against individuals who refuse medical care. The bill also creates a civil cause of action based on such discrimination and revokes the authority of the KDHE secretary to quarantine individuals. Similarly, SB 29 revokes the authority of the KDHE Secretary to impose quarantine measures. Both bills were heard last week but neither has been scheduled for a committee vote yet. KMS provided opposing testimony on SB 19 and SB 29.

SB 41 follows the recommendation of the Health Care Stabilization Fund Oversight Committee to add two classes of Advanced Practice Registered Nurses (APRNs) into the Fund, requiring them to purchase $1M in malpractice coverage as a condition of licensure. Certified registered nurse anesthetists (CRNAs) and certified nurse midwives (CNMs) already participate in the Fund, but the largest group of nurse practitioners, as well as clinical nurse specialists, do not currently have a requirement to purchase the same $1M level of coverage or participate in the Fund. The APRN association opposed the bill, claiming their participation in the Fund was not necessary because the APRN law already requires them to purchase malpractice coverage (although as noted above, there is no minimum coverage requirement). The Senate Health Committee heard from interested parties and KMS testified in support of SB 41 to ensure that APRNs maintain a sufficient level of coverage so that patients are assured of an adequate recovery for damages as a result of negligent care. The bill has not been scheduled for further action at this time.

SB 67 establishes independent practice for Certified Registered Nurse Anesthetists (CRNAs) and eliminates restrictions on their scope of practice, with the exception of surgery for the purpose of placing medical reservoirs. The bill has been scheduled for a hearing on Thursday, February 13th. KMS opposes SB 67 and urges you to contact your state Senator if they serve on the Senate Public Health and Welfare Committee and ask for their opposition to this bill. Allowing nonphysicians to practice without physician supervision, collaboration or restriction creates two tiers of medical care and exposes patients to harm. A full list of Senate Public Health and Welfare members and their email addresses can be found here. 

HB 2157 expands pharmacist's scope of practice to include point-of-care testing for and treatment of COVID-19. KMS opposes HB 2157. The bill has not been scheduled for a hearing at this time.

HB 2223 allowing optometrists to perform surgical procedures was introduced but has not been scheduled for a hearing. KMS opposes HB 2223. 

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