Legislative Update
New Bills Would Open Practice of Medicine to Non-Physicians

Three new bills would open up the independent practice of medicine to advanced practice nurses (APRNs) and pharmacists.
 
SB 174 and HB 2256 are identical bills that would allow APRNs to practice medicine outside of a collaborating physician agreement. The bills are similar to previous years’ attempts, but have what proponents call “updates” to the practice of nursing.

In fact, on page six, lines 15-27 set forth the practices in addition to the practice of nursing, which APRNs would be able to perform independent of collaborating physicians – all of which clearly crossover into the practice of medicine.

The deepest sticking point in the proposed legislation is that the nurses want to practice medicine, which is regulated by the Board of Healing Arts, but do so under the supervision of the Board of Nursing.

Bill hearings on each of these are set in the Senate Public Health and Welfare Committee and the House Health and Human Services Committee next week. Dr. Jennifer Bacani-McKenney (Fredonia) will testify on behalf of KAFP, opposing the practice of medicine by non-physicians and under any other regulatory body than the Board of Healing Arts.

SB 200 would allow pharmacists to test for and treat health conditions considered needing minimal treatment. The bill includes such conditions as influenza, streptococcus and COVID-19, but is not limited to those conditions.
 
Recent years have seen a growing trend among chain pharmacies to enter into the care and treatment of patients – in many ways, viewing themselves as a patient’s medical home or first point of care.
 
Similar to the APRN legislation, pharmacists propose practicing patient testing and treatment under the Board of Pharmacy, rather than the Board of Healing Arts.
 
KAFP will strongly oppose this bill, when it is set for a hearing in House Health and Human Services.
Family Doctor of the Day

KAFP is again sponsoring the Family Doctor of the Day (FDOD) program during the Kansas legislative session. Licensed physicians, including residents, volunteer to provide mostly-minor health needs to legislators and their staff. The Legislature highly values and appreciates access to these services, especially when so many are away from their hometown primary care physicians.

We want to thank the following for their service to legislators and Capitol staff members this past week: Dr. Jennifer Thuener (Wichita) and Dr. Danelle Perry (Manhattan). Your time and efforts are so appreciated – especially during such a critical time!
Bills We’re Monitoring

SB 10 – Enacting the right to earn a living act to minimize unnecessary occupational licensing and regulation. *KAFP opposes
Status: Hearing in S-Commerce on 1/27
 
SB 14 – An act concerning governmental response to the COVID-19 pandemic in Kansas; extends deadline to March 31, 2021
Status: Passed Senate 34-1; Passed House 119-3; Signed by Governor
 
SB 92 – Creating the Kansas equal access act to authorize the use of medical marijuana
Status: Referred separately to S-Public Health & Welfare and S-Fed & State Affairs
 
SB 174 – Updating scope of practice requirements for advanced practice registered nurses without a supervising physician, imposing requirements therefor and updating certain licensure requirements *KAFP opposes
Status: S-Public Health & Welfare hearing on 2/18
 
SB 200 – Expanding the pharmacist's scope of practice to include point-of-care testing for and treatment of certain health conditions *KAFP opposes
Status: Referred to H-Health & Human Services
 
SB 212 – Prohibiting the secretary of health and environment from permanently requiring additional immunizations to attend a child care facility or school *KAFP opposes
Status: Referred to S-Public Health & Welfare
 
SB 213 – Prohibiting an employer from taking any adverse employment against an employee because of the employee's vaccination status
Status: Referred to S-Commerce
 
HB 2061 – Increasing the minimum age to purchase or possess cigarettes and tobacco products from 18 to 21, and prohibiting cigarette vending machines and flavored vaping products *KAFP supports
Status: Referred to H-Federal & State Affairs
 
HB 2066 – Expanding the military spouse and servicemember's expedited licensure law to all applicants who have established or intend to establish residency in Kansas, providing for the practice of telemedicine by out-of-state physicians, permitting the issuance of temporary licenses in emergencies and the use of electronic credentials (defers to state of license origination) *KAFP opposed, before amendment; now neutral
Status: Passed H-Commerce, with amendments
 
HB 2129 – Providing for tobacco cessation benefits coverage under the state health care benefits program *KAFP supports
Status: Referred to S-Insurance & Pensions
 
HB 2157 – Establishing restrictions on the use of step therapy protocols by health insurance plans
Status: Hearing in H-Health & Human Services on 2/3
 
HB 2158 – Making permanent provisions for the advisory committee on trauma and the statewide trauma system regional council to conduct closed meetings and keep privileged records regarding trauma cases
Status: Hearing in H-Financial Institutions & Rural Dev on 2/10
 
HB 2174 – Establishing the rural hospital innovation grant program to assist rural hospitals in serving rural communities
Status: Hearing in H-Appropriations on 2/10
 
HB 2184 – Creating  the Kansas medical marijuana regulation act
Status: Referred to H-Federal & State Affairs
 
HB 2206 – Updating certain definitions, referral to specialty services and coordination of care provisions in the Kansas telemedicine act
Status: Hearing in H-Health & Human Services on 2/9
 
HB 2210 – Making it a crime for a doctor to perform gender reassignment surgery or hormone replacement therapy on minors
Status: Referred to H-Health & Human Services
 
HB 2256 – Updating scope of practice requirements for advanced practice registered nurses without a supervising physician, imposing requirements therefor and updating certain licensure requirements *KAFP opposes
Status: H-Health & Human Services hearing on 2/17
 
HB 2257 – Permitting physicians to decide based on their medical judgment whether to provide patients with certain information
Status: Referred to H-Health & Human Services
 
HB 2258 – Enacting the right to family planning act to require contraceptives to be available at pharmacies
Status: Referred to H-Health & Human Services
 
HB 2340 – Increasing the minimum age to 21 to purchase or possess cigarettes and tobacco products *KAFP supports
Status: Referred to H-Federal & State Affairs
 
HB 2380 – Amending the healthcare stabilization fund minimum professional liability insurance coverage requirements and the membership of the board of governors of such fund
Status: Introduced in House
Legislative Committee Calendar, Week of Feb. 15, 2021

Please note, the calendar is subject to change. Although public attendance at committee meetings is limited, legislative committees and floor debates are live-streamed and can be accessed at www.kslegislature.org, under the audio-visual tab.

Tues, Feb 16
8:30 am, S-Public Health & Welfare
Hearing on:
SB 175 - Enacting the rural emergency hospital act to provide for the licensure of rural emergency hospitals

1:30 pm, H-Health & Human Services
Hearing on:
HB 2261 – Enacting the rural emergency hospital act to provide for the licensure of rural emergency hospitals

Wed, Feb 17
1:30 pm, H-Health & Human Services
Hearing on:
HB 2256 – Updating scope of practice requirements for advanced practice registered nurses without a supervising physician, imposing requirements therefor and updating certain licensure requirements

Thurs, Feb 18
8:30 am, S-Public Health & Welfare
Hearing on:
SB 174 – Updating scope of practice requirements for advanced practice registered nurses without a supervising physician, imposing requirements therefor and updating certain licensure requirements