APRN Independent Licensure Legislation Poised to Advance
Hearings were held last week on HB 2256 and SB 174, identical bills that would open up the independent and unlimited practice of medicine to APRNs. In testimony, APRNs indicated collaborative practice agreements were mere “pieces of paper” and were both difficult and costly to obtain. They pointed to the need for medical care in what they termed “health care deserts” and maintained their practice was equal to, or better than, that of physicians.
Dr. Jennifer Bacani McKenney, KAFP president-elect, presented a strong case for why this legislation is both unneeded and threatens the safety of Kansas’ patients. She pointed to evidence that a team-based approach provides the best healthcare outcomes for patients.
KMS executive director Rachelle Colombo, in time-limited testimony, shared the history of this legislation in Kansas and refuted the many mistruths being promulgated by APRNs in their testimony.
Senate Public Health and Welfare Committee chairman Richard Hildebrand (R-Galena) said he held the SB 174 hearing for informational purposes only and has no intention of taking action on the bill at this time. However, House Health and Human Services Committee chair Brenda Landwehr (R-Wichita) has indicated her committee will take action on HB 2256 on Thursday this week.
There will likely be a host of amendments presented when the committee takes action, including one to ensure APRNs who choose to practice medicine independent of a collaborating physician are regulated by the Board of Healing Arts. At this time, the committee members are fairly split on their support of HB 2256, but the chair believes it will likely be passed when it comes to a vote.
KAFP will be sending a Call to Action to the membership, asking you to reach out to House legislators and urge their defeat of HB 2256 – unless these APRNs are regulated by the Board of Healing Arts.
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Two Weeks Until Turnaround
It’s hard to believe, but the Legislature is just two weeks away from the March 5 turnaround day, the official mid-point of the session and the last day for non-exempt bills to be considered in their house of origin. The turnaround term comes from the fact that most bills must literally turnaround and move to the opposite chamber for consideration.
Friday, Feb. 26, is the last day committees meet to consider most of the legislation that will proceed this year. The following week, the House and the Senate will devote time to debating legislation in full chambers and determining those bills that will either be advanced to the opposite chamber, be exempted from the standard bill deadlines, or die.
If there are pieces of legislation that don’t meet the calendar deadlines, but which there is support for advancing, chamber leaders may choose to exempt or “bless” them from the usual deadlines. This is done by referring those bills through an exempt committee. Those include the budget, federal and state affairs, and taxation committees. The blessed bills are usually then referred back to their first committee for further consideration or returned to the debate calendar.
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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 Dr. Jennifer Bacani McKenney (Fredonia) for her service to legislators and Capitol staff members last week. Your time and efforts in serving as Doctor of the Day and in testifying before two legislative committees is greatly appreciated!
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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 137 – Expanding the military spouse and service member’s expedited licensure law to all applicants who have established or intend to establish residency in Kansas, providing for licenses in an emergency declared by the legislature, allowing telemedicine by out-of-state healthcare providers and permitting the use of electronic credentials (identical to HB 2066) *KAFP opposes
Status: S-Commerce hearing on 2/23
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: H-Federal & State Affairs hearing on 2/24 (proponents), 2/25 (opponents)
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 2259 – Permitting the use of expedited partner therapy to treat a sexually transmitted disease
Status: H-Health & Human Services hearing on 2/22
HB 2340 – Increasing the minimum age to 21 to purchase or possess cigarettes and tobacco products *KAFP supports
Status: H-Federal & State Affairs hearing on 2/22
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
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Legislative Committee Calendar, Week of Feb. 22, 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.
Monday, Feb 22
9:00 a.m., H-Federal & State Affairs
Hearing on:
HB 2340 – Increasing the minimum age to 21 to purchase or possess cigarettes, vaping, and tobacco products
10:30 a.m., S-Commerce
SB 137 - Expanding the military spouse and service member’s expedited licensure law to all applicants who have established or intend to establish residency in Kansas, providing for licenses in an emergency declared by the legislature, allowing telemedicine by out-of-state healthcare providers and permitting the use of electronic credentials
1:30 p.m., H-Health & Human Services
Hearing on:
HB 2234 – Requiring medical directors of emergency medical services to provide medical oversight of such services and emergency medical service providers
HB 2259 – Permitting the use of expedited partner therapy to treat a sexually transmitted disease
Wednesday, Feb. 24
9:00 a.m., H-Federal & State Affairs
Hearing on:
HB 2184 – Creating the Kansas medical marijuana regulation act (proponents)
Thursday, Feb. 25
8:30 a.m., S-Public Health & Welfare
Hearing on:
SB 200 - Expanding the pharmacist's scope of practice to include point-of-care testing for and treatment of certain health conditions
9:00 a.m., H-Federal & State Affairs
Hearing on:
HB 2184 – Creating the Kansas medical marijuana regulation act (opponents)
1:30 p.m., H-Health & Human Services
Discussion and possible action 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
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