Legislative Update
On Friday, the legislature wrapped up its second full week of the 2023 legislative session. Bill introductions continue at a brisk pace, and committees have begun the process of holding hearings, discussing issues and advancing legislation.
As always, there will be a large number of health-related issues which we anticipate will receive some legislative attention this session. Efforts by non-physician healthcare providers to expand scope of practice provisions will likely continue to be an issue. Though nothing has been introduced as yet, there have been some rumblings that the APRNs may introduce a bill to broaden their scope of practice beyond the prescribing of drugs and durable medical equipment, which was all that was specifically authorized by last year’s legislation. Additionally, the pharmacists are expected to seek legislation which would allow pharmacisy technicians to administer immunizations; and also to expand pharmacists’ authority to provide vaccines to patients down to age 6 years and older.
Medicaid expansion, which enjoys broad support from healthcare organizations and the public, is likely to be considered again, although it has failed to be enacted after over a decade of intense lobbying by advocates.
Another bill that did not pass last year, but which had quite a bit of support, is back in the form of HB 2023, which creates the crime of interference with the conduct in a hospital, and increases the criminal penalties for battery of a healthcare provider who is employed by a hospital. Other issues from earlier years which could be taken up by the legislature include authorizing prescribed medical marijuana.
Also, KMS continues to work with stakeholders to identify a workable approach which would reduce the burdens on the profession as well as delays or denial of care to patients due to prior authorization requirements. From last year’s contentious debates around COVID policy, legislation has been introduced once again which restricts the authority of the KDHE Secretary and local health officers to order individuals to isolate or quarantine to prevent the introduction and spread of infectious or contagious diseases (SB 6).
Another bill would prohibit the Secretary from requiring a COVID-19 vaccination for care at a child care facility or attendance at school (HB 2007); and yet another bill (SB 20) would provide for no-contest exemptions for “sincerely held religious beliefs” from any employment or school-related immunization requirements.
Finally, KMS also continues to urge the legislature to update the Medicaid Physician Fee Schedule, which has not been comprehensively updated since 2006, seventeen years ago. The Consumer Price Index (CPI) has increased by about 50% since that time.
A potentially controversial issue new to Kansas this year which has been introduced (SB 12) would make it unprofessional conduct and a felony for physicians to provide gender reassignment services, including surgery or prescription of certain drugs, to a person under 21 years of age.
For questions about the above or any other legislation, please contact
Rachelle Colombo
KMS Advocacy Day
Don’t forget… KMS Advocacy Day is Wednesday, January 25, 2023. With lunch invitations to the legislature and over 100 registrants it will be a great day for Kansas physicians!
Professionals Health Program
The Kansas Medical Society Professionals Health Program exists to support physicians who have experienced difficulties with impairment with the goal of licensure retention. Participants may come into the program prior to any legal or Kansas State Board of Healing Arts involvement. The program is confidential and provides the opportunity for healing in a safe and supportive environment. Patient safety is the primary mission of the KMS-PHP pursuant to the AMA Code of Medical Ethics, Section 9.3.2.
Contact Mary Jo Fleming, PhD – 785-231-1308
