| Session Hits Halfway Mark Legislators concluded the first half of the session this week with the Senate finishing business on Wednesday and the House spending another day, wrapping up debate on Thursday night, marking the conclusion of “Turnaround”. Each chamber will consider those bills that were advanced from the opposite body and a few remaining bills that have been exempted from legislative deadlines. After the turnaround deadline, those bills that did not have a hearing or committee action and were not voted on or exempted from the deadline are now considered “dead” for the remainder of the 2025 session. While these deadlines help to thin out the number of actionable bills, they also lead to the coupling of issues through the amending of perishing proposals onto those that remain alive. In order for differing proposals to be amended together, they generally must share subject matter or a statutory connection. Both the House and Senate will return to Topeka on Tuesday, February 25th to commence the session’s second half. The following bills of interest to the Kansas Medical Society remain active and viable for advancement before the session’s conclusion. SB 29 as originally drafted would revoke the authority of the Secretary of the Kansas Department of Health and Environment to impose quarantine measures. However, the bill was heavily amended to allow the Secretary to maintain public health, with the exception of banning mass gatherings. The bill passed the Senate and now heads to the House of Representatives. KMS is opposed. SB 54 expands disclosure of third-party funding litigation. Private equity and other third parties can currently fund cases as “investments” and only the judge determines whether their funding is relevant to disclose to the jury. An increase in third-party funding has led to an increase in litigation and some alarming trends nationwide, particularly in excessive verdicts and settlements. KMS provided testimony in support of SB 54 and the requirement to disclose the participation of a third-party’s funding. The bill exempts non-profits from mandatory disclosure. The bill passed out of Senate Judiciary unanimously and passed the full Senate and now heads to the House. SB 67 as introduced would have authorized Certified Registered Nurse Anesthetists (CRNAs) the nearly unrestricted practice of medicine without any physician supervision. KMS strongly opposed SB 67 and the proponents’ characterization of the bill as an effort to merely equalize APRN and CRNA privileges. In 2022, APRNs were granted the authority to order durable medical equipment and to prescribe without a written prescribing protocol from a physician. Since that time, CRNAs have pushed for an entirely new statutory practice act that goes well beyond what was granted to other APRNs. The Senate Health Committee, in response to advocacy by KMS and physicians statewide, approved a substitute bill that strikes the original contents of SB 67, and instead amends the CRNA practice act to mirror the changes authorized for other APRNs three years ago, which is limited to allowing for prescribing drugs without a physician protocol. As amended, CRNAs must still provide anesthesia prescribing and administration pursuant to the order of a physician or dentist. KMS opposed SB 67 both in its original and amended form because we do not support allowing nonphysicians to practice medicine without supervision, regulatory oversight, and patient protections. The bill now moves to the House of Representatives. HB 2223 allowing optometrists to perform surgical procedures was introduced and has been exempted from legislative deadlines but has not been scheduled for a hearing. KMS opposes HB 2223. HB 2368 establishes licensure for Anesthesiology Assistants (AAs). This issue has been brought to the legislature for nearly a decade in an effort to allow more anesthesia providers and to establish appropriate oversight and regulation ensuring patient safety. AAs practice under the direct and immediately available supervision of an anesthesiologist. They work interdependently with CRNAs and are particularly sought in urban areas to increase capacity for anesthesiology services. KMS provided testimony in support of HB 2368 and the establishment of a strictly constructed statutory scope of practice ensuring direct supervision of an anesthesiologist. The bill has been “blessed” and could yet advance this session. Issues Failing to Advance SB 19 establishes the “conscientious right to refuse act” to prohibit discrimination against individuals who refuse medical care and creating a civil cause of action based on such discrimination and revoke the authority of the Secretary of Health and Environment to quarantine individuals and impose associated penalties. The bill was not advanced from the committee or exempted from deadlines and is now considered “dead” for the remainder of the session. KMS opposed the bill. 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. KMS testified in support of SB 41, but it was not voted on or exempted from deadlines and is now “dead” for the remainder of the session. HB 2157 expands pharmacist's scope of practice to include point-of-care testing for and treatment of COVID-19. KMS opposed HB 2157 and it is dead for the remainder of the session. What's Next? The last half of the session will focus on reconciling priorities between the House and Senate, finalizing the Budget, and acting on any additional vetoes issued by the Governor prior to adjournment on April 12. Last week, Governor Kelly vetoed SB 63, the “Help Not Harm Act” which prohibits the use of puberty blockers and surgical treatments for minors for the purpose of gender reassignment. Both the House and Senate achieved the constitutionally required majority to override the veto. The law takes effect upon publication in the Kansas register, which is essentially immediately. There are several other issues that we could see resurrect or materialize either through amendments or in the budget process. We are monitoring all issues impacting the practice of medicine and advocating our unchanging message that Kansans deserve access to a physician-led team that does not sacrifice quality for access. If you have questions about these or other legislative matters, please contact
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