|
STATUTORY HISTORY OF THE KANSAS STATE
BOARD OF HEALING ARTS 1957 to 2007
On July 1, 2007, the State Board of Healing Arts celebrated its
50th anniversary. This article is intended to provide a historical
perspective of the Board during its 50 years. The regulation of
medicine and surgery, osteopathic medicine and surgery and chiropractic
did not start with the creation of the State Board of Healing Arts.
For an analysis of the credentialing of these three professions
prior to 1957 and for the Healing Arts Act as adopted in 1957 ,
please refer to pages 1-11 of the attached Memorandum dated October
20, 1994 to the Special Committee on Public Health and Welfare from
Emalene Correll, Research Associate with the Kansas Legislative
Research Department. Further, it is acknowledged that extensive
information contained in this history through 1976 came from pages
12-14 of Ms. Correll’s Memorandum. For information from 1976
through 1994, information has also been taken from a Memoradum dated
September 29, 1994 by Norman Furse, Revisor of Statutes.
1957---Effective July 1, 1957,
the Kansas Legislature created the State Board of Healing Arts and
abolished three separate state agencies: the Board of Medical Registration
and Examination (created in 1901), the Board of Osteopathic Examination
and Registration (created in 1913) and the Board of Chiropractic
Examinations (created in 1913). The composite Board so created was
unique in 1957 and remains so today in that the Kansas Board is
one of only three boards in the country that have medical doctors,
osteopathic doctors, and chiropractic doctors all under the regulation
of one board. It is interesting to note that the bill creating the
Board had 91 sections, or more than the total of all three acts
it replaced. Of the 91 sections, only 18 remain exactly as adopted
in 1957. One of the statutes to never be amended contains the Board’s
purpose which states today as it did in 1957:
“Recognizing that the practice of the healing
arts is a privilege granted by legislative authority and is not
natural right of individuals, it is deemed necessary as a matter
of policy in the interest of public health, safety and welfare,
to provide laws and provisions covering the granting of that privilege
and its subsequent use, control and regulation to the end that the
public shall be properly protected against unprofessional, improper,
unauthorized and unqualified practice of the healing arts and from
unprofessional conduct by persons licensed to practice under this
act."
As originally created, the Board was comprised
of 11 members – 5 doctors of medicine, 3 doctors of osteopathy
and 3 chiropractors. The Board office was located in Kansas City
and, as best as can be determined, had a staff of 5 employees from
1957 until 1980. Two of the more interesting provisions of the 1957
legislation were that it recognized two separate classes of osteopathic
physicians based upon their training and required U.S. citizenship
for all persons receiving a permanent license in any of the three
branches of the healing arts. Also in 1957, the Legislature created
a separate Board of Basic Science Examiners. Since 1937 an examination
in the basic sciences (anatomy, physiology, chemistry, bacteriology
and pathology) had been required of persons seeking to practice
the healing arts with the exception of those professions that had
their own licensing boards. The certificate of proficiency was issued
by the State Board of Education. The 1957 legislation deleted all
authority of the State Board of Education in examining applicants
for a license in the healing arts, created the Board of Basic Science
Examiners, and required passage of the basic science examination
by applicants for a license in one of the three branches of the
healing arts.
1963---This Legislative Session
brought the first major revisions to the Board. In that year, the
Legislature adopted statutes creating the registration of physical
therapists and physical therapist assistants and placed such professions
under the Board’s regulation and authority. A Physical Therapy
Examining Committee was created which, with the exception of the
change of its name to the Physical Therapy Advisory Council, continues
substantially the same today as its original composition; that being
3 physical therapists appointed by the Governor, 1 physician licensed
to practice medicine and surgery and the Secretary of the Board
(subsequently amended to be simply a member of the Board.) The 17
original sections of the law creating physical therapy and physical
therapist assistant regulation all exist today but all have been
amended at least once since 1963.
1965---The Legislature combined
the fee funds of the Board and the Board of Basic Science Examiners.
Both of the boards were required to meet in Topeka, both were required
to meet jointly at least once a year, and both were authorized to
meet jointly on the invitation of either board.
1969---This year brought about
the first major revisions to the Healing Arts Act with 10 of the
original 1957 statutes being repealed and 18 amended. Also, the
Board of Basic Science Examiners was abolished and the requirement
for the passage of the basic science examination as a condition
of licensure was deleted. The requirement that licenses be registered
with the County Clerk of the county in which the licensee was licensed
was deleted. Temporary permits were authorized for persons who engaged
in full-time residency programs. Other amendments deleted the requirement
that Board members be named only from lists of nominees submitted
to the Governor by the respective associations; deleted the requirement
that licensure examinations be prepared by members of the Board;
added professional incompetency to the grounds for which a license
could be revoked or suspended; authorized the employment of an executive
secretary; added a public member to the Board increasing total Board
membership to 12; deleted reference to the two classes of osteopathic
physicians; authorized provisional licenses to be issued in medicine
and surgery to persons who had met all the requirements for licensure
except U.S. citizenship; and created a fellowship license for individuals
holding the degree of doctor of medicine and employed by certain
state agencies.
1970---An exception to the three-term
limit for Board members was made for the Secretary of the Board.
1972---One statute was amended
to provide that felony convictions could be considered in determining
an applicant’s moral fitness for licensure, but that the conviction
would not automatically act as a bar to licensure. A conviction
of a felon was also made a ground for disciplinary action if the
person was not sufficiently rehabilitated to warrant the public
trust.
1973--- The Legislature provided
for the registry of physicians’ assistants. As originally
enacted, the bill merely provided that the Board maintain a registry
of physicians’ assistants. However, substantial changes were
made in both 1975 and 1978 which expanded the Board’s responsibility
in the registration of this profession.
1975---By executive Reorganization
Order No. 8 issued by the Governor on February 10, 1975, the State
Podiatry Board of Examiners was abolished and the powers, duties
and functions transferred to the Board. This brought to seven the
number of professions now regulated by the Board. The 1975 Legislature
enacted legislation creating an Advisory Committee on Podiatry which
was to advise the Board. Also in 1975, the Board was directed to
locate its office in Topeka.
1976---Sweeping changes were made
to the Healing Arts Act in 1976. Only a few of these will be mentioned
as Ms. Correll’s Memorandum from the Kansas Legislative Research
Department of October 20, 1994, has a fairly comprehensive description
of these changes. The Legislature directed that the Board membership
be increased to 13 by adding a podiatrist. The Health Care Stabilization
Fund was created and all health care providers, as defined in K.S.A.
40-3401, were mandated to maintain professional liability insurance
and participate by paying a premium surcharge to the Fund. M.D.s,
D.O.s, D.C.s, D.P.M.s, and P.T.s , all of whom are regulated by
the Board, were included among those who were required to maintain
insurance. As part of the insurance overhaul, K.S.A. 40-3416 directed
the Insurance Commissioner to report any suspected health care providers
rendering professional services in violation of the insurance law
to the Board for investigation. As directed by the Legislature the
previous year, the Board office was moved from Kansas City to Topeka.
As a result, all five staff members were new and the Board also
had to obtain the contractual services of a new attorney because
none of the Board employees or the Board’s attorney moved
from Kansas City. Also in 1976 the Insurance Commissioner was directed
to provide to the Board copies of any closed claim reports which
were received pertaining to medical malpractice cases. In 1976,
the Board licensed 5410 medical doctors and 306 osteopathic doctors.
1978---The Kansas Legislature
enacted a Sunset Law and July 1, 1983, was set as the date for the
abolition of the Board under that initial statute. The Board licensed
6381 medical doctors and 322 osteopathic doctors this year.
1980---A new secretarial position
was added to the full-time staff bring the total number of staff
members to six.
1981---In FY1981, 59 investigations
were undertaken and 12 disciplinary actions taken.
1982----The requirement that individuals
appointed to the Board by the Governor be confirmed by the Senate
was deleted from the Healing Arts Act.
1983---Monies were appropriated
by the Legislature for the employment of a general counsel and a
new secretarial position, increasing Board staff to eight full-time
positions. A requirement was made in the law that any attorney employed
by the Board would be in the unclassified service under the Kansas
civil service act and would receive a salary fixed by the Board
and approved by the Governor. The life of the Board under the Sunset
Law was extended for one year, until July 1, 1984. For the first
time, the Insurance Commissioner was directed to provide to the
Board copies of all malpractice claims which were received when
a claim is made for malpractice on the Health Care Stabilization
Fund. Seven disciplinary actions were taken by the Board in 1983.
1984----During this session, the
Legislature made substantial changes to the Healing Arts Act as
part of the 1984 Tort Reform Act. The position of Disciplinary Counsel
was established. The Disciplinary Counsel was to be an attorney
who specialized in disciplinary matters and was not otherwise utilized
by the Board. The Disciplinary Counsel was given power to investigate
“all matters involving professional incompetency, unprofessional
conduct or any other matter which may result in revocation, suspension
or limitation of a license....”. In exercising these powers
the Disciplinary Counsel could apply to the appropriate court for
subpoenas for the attendance of any person or the production of
documents. Subject to approval by the Board, the Disciplinary Counsel
could employ clerical and other staff.
Review committees were created to hear matters
which, in the opinion of Disciplinary Counsel, had merit. The review
committees were composed of three members appointed by the Board
from the same branch of the healing arts as the person whose conduct
was being reviewed. Members of the Board were not eligible to act
as members of review committees. The review committees could subpoena
witnesses and information. Upon the finding of probable cause by
the review committee, the review committee would recommend the matter
for a hearing. If the review committee recommended the matter be
referred for hearing, the Disciplinary Counsel would institute formal
proceedings before the Board.
In addition to appropriating monies for the Disciplinary
Counsel, the Legislature also authorized funds for the employment
of one full-time investigator, increasing total Board staff to ten.
The Board was continued in existence under the Sunset Law until
July 1, 1992. Also in 1984 the Kansas Administrative Procedure Act
was enacted by the Legislature and made applicable to all disciplinary
and licensing matters involving the Board.
During 1984, there were 3212 active medical doctors,
196 active osteopathic doctors and 380 active chiropractors in Kansas.
1985----The sections of the 1984
enactment were repealed which provided for the Disciplinary Counsel
to bring disciplinary matters before the review committee, gave
the review committee the power to subpoena witnesses and information,
and limited the referral of complaints for a hearing to those found
by the review committee to have probable cause. The 1984 section
which authorized the Board to appoint review committees “as
necessary to implement the provisions of this act” was retained.
Fellowship licenses were abolished and two-year
institutional licenses were authorized. This modified Board procedure
insofar that neither National Boards I and II nor Flex I would hereafter
be required for applicants for institutional licenses. Also in 1985
the statute regarding temporary permits for full-time approved postgraduate
training programs was amended to require applicants to have the
basic science examination-- either National Boards I and II or Flex
I-- prior to entering a postgraduate training program. This same
year legislation was adopted modifying K.S.A. 65-2873 relating to
the requirements for initial licensure particularly as they related
to foreign medical graduates and Board approval of foreign medical
schools.
1986----The Legislature again
made broad changes to the Board and the Healing Arts Act. The Board
was expanded from 13 to 15 members by increasing the number of public
members from one to three. No member representing the general public
could be from the same United States Congressional District as another
general public member, be the spouse of a licensee of the healing
arts or be a person or the spouse of a person who has a financial
interest in any person’s practice of the healing arts.
The Legislature authorized the registration of
occupational and respiratory therapists and occupational therapy
assistants for the first time, placing these professions under the
Board and directed that registration be commenced not later than
July 1, 1987. A Respiratory Therapy Council and an Occupational
Therapy Council were created, each to expire on July 1, 1987.
House Bill No. 2661 gave the Board additional subpoena
power, additional grounds for discipline were created and the definition
of unprofessional conduct was expanded. The types of discipline
that could be administered were specified, including the ability
to impose fines for violations of the Healing Arts Act. All medical
care facilities were required to initiate peer review activities
and have a risk manager. All of these medical care facilities were
then required to make reports every 90 days to the Board office
of reportable incidents and also to report to the Board any adverse
findings which were made. The same legislation also required that
all insurance carriers report to the Board all written or oral claims
made upon them by any persons alleging malpractice by individuals
the Board regulated. Furthermore, attorneys were required to provide
to the Board expert opinions which are available to all sides in
a malpractice suit. Impaired physicians were able to be referred
by the Board to the individual state professional associations for
handling. Finally, as part of the grounds for discipline, all licensees
of the Board were mandated to report any adverse judgment, settlement
or finding against them or be guilty of unprofessional conduct.
The Legislature appropriated monies for four additional
full-time staff—one clerical, one secretarial and two investigators----bringing
the number of full-time staff to 14
1987----The positions of Secretary
and Executive Secretary of the Board were eliminated and replaced
with an Executive Director and an Administrative Assistant commencing
January 1, 1988. The Secretary of the Board had previously been
a member of the Board. The new law provided that the Executive Director
could not be a member of the Board. The Executive Director was to
be appointed by the Board and was subject to Senate confirmation.
The Executive Director became the chief administrative officer of
the Board and the custodian of all Board records. The Administrative
Assistant position was created to assist the Executive Director
in the performance of the director’s duties. Employees of
the Board were placed under the supervision of the Executive Director.
The Occupational and Respiratory Therapy Councils were extended
until July 1, 1988. Specific funds were appropriated by the Legislature
to enable the Board to pay the various professional associations
for their work in dealing with impaired providers. The Legislature
also authorized the Board to issue exempt licenses. Finally, statutes
regarding physicians’ assistants were substantially changed
to require the Board to adopt rules and regulations dealing with
their scope of practice and the transmittal of prescription orders.
In FY1987, the Board regulated the following individuals:
M.D. 6206
D.O. 423
D.C. 688
DPM 101
PA 118
PT 676
PTA 246
1988----The expiration dates were
eliminated from the Occupational and Respiratory Therapy Councils
making these entities permanent.
1989----A statute was enacted
which authorized the Board to employ individuals as agents of the
Board to evaluate and review investigative materials, conduct interviews
and render opinions, reports and testimony on matters which may
result in disciplinary action against individuals who are licensed
or registered by the Board. These individuals were provided with
immunity from liability in a civil action for any testimony provided
or recommendation or opinion made by such individuals acting without
malice and in good faith within the scope of their capacity as an
agent of the Board. The Legislature also added two additional positions
to the Board, bringing full-time staff to 16.
1990----The Legislature increased
the Board’s expenditure limitation from $807,063 the previous
year to $1,253,198. This was the first time the Board’s expenditure
limitation exceeded $1 million and enabled the Board to purchase
an IBM AS/400 computer and to develop software for licensing and
disciplinary tracking. The Board also moved from the Landon State
Office Building to its present location.
1991----The Legislature authorized
the employment of four additional full-time staff, making 20 FTEs.
Also, the statute pertaining to reinstatement of licenses was changed
to require a person who had their license revoked to wait three
years before they could apply for reinstatement of that license.
The Board was also given the authority to assess the costs of investigations
and hearings to the licensee in disciplinary cases when the order
was adverse to the licensee.
1992----The Legislature enacted
the Kansas Governmental Operations Accountability Law to (K-GOAL)
replace the Sunset Law. The Board, scheduled to expire on July 1,
1992, underwent sunset review. The application of the Sunset Law
to the Board was eliminated and K-GOAL was not made applicable to
the Board. Therefore, no future date for the abolition or expiration
of the Board was established. The Podiatry Advisory Council was
abolished and the Board was directed to establish and appoint a
review committee of not less than two members for the practice of
podiatry. The podiatry review committee members must be licensed
podiatrists. Two additional staff members were authorized to be
employed. This brought full-time staff to 22.
1993----A bill was passed making
it unprofessional conduct to refer a patient to a health care entity
for services if the licensee has a significant investment interest
in that entity, unless the licensee informs the patient in writing
of the existence of the interest and that the patient may obtain
services elsewhere. Significant investment interest was defined
as at least 10% ownership.
1994----The full-time staff was
increased to 24. During FY1994, 267 new investigative cases were
opened and 46 disciplinary actions taken.
1995----The Legislature enacted
the Athletic Trainers’ Registration Act calling for the registration
of athletic trainers by July 1, 1996 and placing the regulation
of this profession under the Board.
The Legislature also passed a multi-section bill
dealing with the Board and the Healing Arts Act. Inactive and federally
active license designations were created. Post-graduate permits
were limited to 36 months in duration. Authority was given to the
Board to limit the number of times an applicant for license could
retake the license examination after failure. A limited license
category was also created and persons issued that permit and those
with federally active license designations were included among those
persons who could qualify as a charitable health care provider and
receive coverage for any malpractice from the Kansas Tort Claims
Fund. The duty was also placed upon licensees to notify the Board
within 30 days of any change in their mailing address. Physical
therapists were removed from having to carry professional liability
insurance and pay a premium surcharge to the health care stabilization
fund. Full-time staff was again increased by two members, bringing
the total full-time employees to 26.
1996—Physicians’ assistants
were included within the definition of charitable health care provider
and were provided coverage by the Kansas Tort Claims Fund for professional
services rendered in that capacity. One additional FTE was added
to the Board.
1997----A bill was passed expanding
the scope of practice of podiatry to include the amputation of toes.
The Woman’s-Right-To-Know Act pertaining to abortion was enacted
and it was made unprofessional conduct for a licensee to knowingly
and intentionally fail to provide the notices required by that act.
Statutory maximums for fees charged by the Board were increased
for every profession. The locations at which institutional licensees
could practice were expanded to accommodate those individuals who
had lost employment due to the closure of Topeka State Hospital.
The statutes relating to temporary permits for occupational therapist,
occupational therapy assistants, and respiratory therapists were
changed to only allow for one such permit.
1998----K.S.A. 65-28,127 was enacted
by the Legislature and placed certain obligations on licensees under
the Healing Arts Act who supervise, direct or delegate functions
to non-licensees. In October, the Board adopted Guidelines for the
use of controlled substances for the treatment of pain.
1999----Two bills of note were
enacted. The first changed the credentialing level of respiratory
therapists from registration to licensure. The other bill enabled
physicians’ assistants and nurse practitioners to prescribe
medication, including controlled substances, under rules and regulations
to be adopted and pursuant to protocols approved by the Board. Previously,
these providers could only transmit a prescription order pursuant
to a protocol. Staff was increased to 29 starting July 1, 1999.
2000----Two bills were enacted
by the Legislature that had an impact on the Board. The first bill
amended several provisions of the Healing Arts Act. The Legislature
deleted all references to “annual” renewal of licenses
and also added language that enables licenses to be renewed for
a period of more than 12 months. Provisions dealing with postgraduate
permits were amended to have these issued for the expected length
of the entire residency program rather than limiting the validity
of the permits to 36 months. This same bill included a provision
that requires the Board to revoke a licensee’s license following
the conviction of a felony occurring after July 1, 2000, unless
a 2/3 majority of the Board determine by clear and convincing evidence
that the licensee will not pose a threat to the public and has been
sufficiently rehabilitated to warrant the public trust. Likewise,
an application for a new license or for reinstatement of a canceled
license filed by someone who has been convicted of a felony must
be denied unless these same standards are met. Finally, the bill
empowered the Board to compel a licensee to submit to a mental or
physical examination or a drug screen, or a combination thereof,
during the course of an investigation if there is reasonable suspicion
to believe the licensee has the inability to practice with reasonable
skill and safety to patients by reason of physical or mental illness,
or condition or use of alcohol, drugs or controlled substances.
Also, the requirement was deleted that the Board prepare and distribute
to all physicians a standardized summary of alternative methods
of treatment which was then to be given to every patient suffering
from any form of abnormality of the breast tissue for which surgery
is a recommended form of treatment.
A second bill made numerous changes to the existing
laws governing the registration of physician assistants. After February
1, 2001, physician assistants became licensed instead of registered.
Additional grounds for revoking, suspending or limiting a license
of a P.A. were also added.
2002----The Legislature took several
actions that affected the Board. The first action was to direct
that $200,000 be transferred from the Board’s Healing Arts
Fee Fund to the State General Fund. This transfer was over and above
the $200,000 the Board had transferred to the State General Fund
for many years to reimburse the state of Kansas for services provided
to the Board such as payroll, accounting, auditing, personnel and
purchasing services. As a result, the Board was required to increase
fees charged to all professions.
Substantial amendments were also made to the Occupational
Therapy Practice Act that became effective April 1, 2003. The new
law amended the definition of the “practice of occupational
therapy” and changed the credentialing designation from registration
to licensure. New certificates were mailed to all occupational therapists
that had previously been registered.
The 2002 Legislature also enacted the Patient’s
Contact Lens Prescription Release Act that is now codified at K.S.A.
65-4965 through 65-4973. This law called for the Board to register
persons and entities, not otherwise licensed by the Board or the
Board of Optometry, who mail contact lenses to patients in Kansas
pursuant to a contact lens prescription which such person or entity
did not determine. Registration commenced January 1, 2003. The law
also established a Contact Lens Advisory Council to advise the Board.
The Council was to consist of three members. One member is a person
licensed to practice medicine and surgery specializing in ophthalmology,
one is a licensed optometrist, and one is a person dispensing contact
lenses.
Finally, the Naturopathic Doctor registration was
enacted in 2002 and became effective January 1, 2003. It is located
at K.S.A. 65-7201 through 65-7218. In addition to registering qualified
naturopaths, the law established a Naturopathic Advisory Council
to advise the Board. The Council consists of five members. Three
members are naturopathic doctors appointed by the Board, one is
the Board President or President’s designee, and one is appointed
by the Governor from the public sector. In addition, the laws created
a Naturopathic Formulary Committee appointed by the Board to advise
the Board and make recommendations on the list of substances which
may be included in the naturopathic formulary. This Committee is
comprised of a licensed pharmacist, a person knowledgeable in medicinal
plant chemistry, two person licensed to practice medicine and surgery,
and two naturopathic doctors registered under the act.
2003----The 2003 Legislative session
concluded with several enactments affecting the Board. Substantial
changes were made to the Physical Therapy statutes, including changing
the credentialing of physical therapists from registration to licensure.
These went into effect on April 1, 2004. In addition, the $128,208
of additional funds from the Board fee funds was directed to be
transferred to the State General Fund. Lastly, the Legislature authorized
expenditures of $300,000 in FY04 and $250,000 in FY05 to enhance
the Board’s computer operations. As a result, the Board’s
expenditure limitation exceeded $2 million in FY2004 for the first
time.
Several other bills were enacted by the 2004 Legislature
that had significant impact on the Board's operations and responsibilities.
Senate Bill No. 29 allowed physician assistants and occupational
therapists to form professional corporations. However, sections
105 and 106 (now K.S.A. 65-28a13 and 65-5421) of Senate Bill No.
29 required the board to adopt rules and regulations limiting the
percentage of ownership a licensed physician assistant or licensed
occupational therapist may have in a professional corporation formed
in combination with other professional services. These rules and
regulations have been adopted by the Board.
Senate Bill No. 426 amended the qualifications
for issuance and renewal of an institutional license under K.S.A.
65-2895. Senate Bill No. 529 amended K.S.A. 65-2901 to allow a physical
therapist to initiate treatment after consultation and approval
of a physician assistant or advanced registered nurse practitioner
(ARNP) working pursuant to the order or direction of a person licensed
to practice medicine and surgery.
2004---The two Bills passed by
the 2004 Legislature having the greatest impact on the Board were
Substitute for House Bill No. 2698 and House Bill No. 2813. Substitute
for House Bill No. 2698 enacted the Radiologic Technologists Practice
Act (KSA 65-2301 et seq.) and required the Board to license radiologic
technologists by July 1, 2005. In 1999, the Technical Committee
that reviewed the credentialing application found there were 2,532
radiologic teclnologists registered by a national organization and
estimated that there were an additional 844 non-registered persons
performing radiology services in Kansas. As will be explained later,
the Board commenced licensing radiologic technologists on July 1,
2005. 2004 House Bill No. 2813 made numerous changes to the statutes
administered by the Board. Section 15 (amending K.S.A. 65-2005)
created a postgraduate permit and the designations of inactive and
federally active licenses for podiatrists. Section 16 (amending
K.S.A. 65-2012) established statutory maximums for these and the
renewal thereof. Section 12 (amending K.S.A. 65-28a03) created inactive
and federally active designations for physician assistant licenses
and established statutory maximums for renewal. Section 19 (amending
K.S.A. 65-2910) created an inactive designation of physical therapy
licenses. Sections 19, 21, and 23 (amending K.S.A. 65-5410, 65-5510
and 65-7208) allowed the Board to assess a civil fine against occupational
therapists, respiratory therapists, and naturopaths.
2005---Several actions taken by
the 2005 Legislature had dramatic effects on the Board. S.B. No.
225 required a transfer of $750,000 from the healing arts fee fund
to the state general fund. $500,000 of this amount was transferred
immediately upon the bill becoming effective. However, when accounts
and reports were advised that the Board would be without adequate
funds for the balance of FY2005, $250,000 was returned to the fee
fund. On June 29-30, 2005, the balance of $500,000 was then transferred.
This resulted in the Board's beginning balance for FY2006 being
$650,000 lower than the previous year. The other change in FY2005
was the addition of one FTE position to handle the licensing of
radiologic technologists starting July 1, 2005. For FY2006, the
Legislature concurred with the Governor and granted the Board two
additional FTEs that the Board had requested. This gave the Board
32.0 FTE positions. The Board's requests that the full-time temporary
attorney position be made an FTE and that two additional FTEs be
allocated for FY2007 were not granted.
2005 H.B. No. 2330 was introduced
at the request of the Board to correct some of the problems associated
with the bill passed during the previous Legislative Session to
commence licensing of radiologic technologists on July 1, 2005.
Required licensing of radiologic technologists was changed from
July 1, 2005 to October 1, 2005. The Board held a special meeting
on July 1, 2005 to adopt temporary rules and regulations. The Board
commenced licensing on July 1, 2005 and now licenses more than 2,700
radiologic technologists. Rules and regulations adopted designated
September 30th each year as the expiration date; thus, the licenses
for the profession were renewed for the first time in August and
September, 2006.
2005 S.B. No. 183 expanded what
is allowed to be performed under a federally active license (amending
K.S.A. 65-2809) and became effective July 1, 2005. S.B. No. 254,
as originally introduced, would have only amended K.S.A. 65-2872
by adding another exception to what constitutes the practice of
the healing arts to include orders to be carried out in Kansas that
have been issued by a practitioner licensed in another state. The
bill called for the Board to adopt rules and regulations that identify
those circumstances in which services may be performed in Kansas
on the order of an individual duly licensed in a branch of the healing
arts in another state who does not maintain an office in Kansas
to see patients or take call. Temporary rules and regulations were
adopted by the Board at its meeting in August 2005 and the permanent
regulations became effective May 17, 2006. During conference committee,
two other bills were included in S.B. No. 183. The provisions of
H.B. No. 2496 were included that allow occupational therapists to
receive orders from physicians assistants or advanced nurse practitioners
working pursuant to the order or direction of a person licensed
to practice medicine and surgery or a licensed chiropractor (amending
K.S.A. 65-5401). A new section was also added to the bill amending
K.S.A. 48-3403 to provide that a licensee released from military
service is exempt from continuing education requirements until completion
of the next full licensure period. The bill became effective on
publication in the Kansas Register although the portions relating
to occupational therapists did not become effective until July 1,
2005.
2006---During the 2006 Legislative
Session, Senate Substitute for H.B. No. 2649 was enacted. This bill
created the Pain Patient’s Quality of Care Act. Section 5
of the Omnibus Appropriations Bill (Senate Substitute for H.B. No.
2968) allowed the Board to hire an administrative assistant in the
unclassified service. The appropriations bill adopted earlier in
the session had authorized funds for this position but had not increased
the Board’s FTE limitation. Since the Board, by K.S.A. 65-2878,
could not hire an administration assistant who is not classified,
the proviso in Section 5 allowed the Board to hire an Administrative
Assistant for FY2007 only and did not increase the Board’s
FTE limitation. The second proviso in Section 5 allowed the Board
to have funds transferred back to the healing arts fee fund should
the fee fund balance be insufficient during FY2007 as a result of
the transfer of $750,000 to the state general fund in June 2005.
2006 H.B. No. 2532 amended K.S.A. 17-2710 and allowed physical therapists
and occupational therapists to form a professional corporation together.
The Board adopted five rules and regulations (K.A.R.
100-25-1 through 100-25-5) regulating standards for offices maintained
for the practice of the healing arts. K.A.R. 100-25-2 established
standards for every office in which the healing arts is practiced
and set forth criteria for maintaining cleanliness, infection control,
waste disposal, maintenance of drugs and medical equipment, and
safety of physical facilities. K.A.R. 100-25-3 set forth requirements
when office-based surgery and certain special procedures are performed
in an office setting. K.A.R. 100-25-4 established further standards
for surgeries that are performed in an office setting using general
anesthesia or a spinal or epidural block. These became effective
March 17, 2006. The Board has initiated a system to conduct an inspection
program of all facilities where office-based surgery is performed.
2007---The Legislature established
an expenditure limitation for the Board for FY2009 in excess of
$3 million. This will be the first time the Board’s budget
has exceeded this figure. The appropriations bill also sets the
full-time equivalent (FTE) positions of the Board at 39, an increase
of 7.0 FTE positions starting July 1, 2007.
A bill was also enacted that expands the circumstances
under which a physical therapist may provide treatment without referral
from a physician, podiatrist, chiropractor, etc. Physical therapists
are allowed to initiate treatment based upon the order of a healing
arts practitioner licensed in another state. Further, treatment
is allowed for a limited period of time without any referral if
four criteria described in the bill are met. Physical therapy services
are also allowed without referral if they relate to workplace injury
prevention, general fitness and health promotion or special education
students. Subsection (d) allows services to be provided without
referral to special education students. S.B. No. 62 eliminated the
requirement that the diagnosis for which an amphetamine or sympathomimetic
amine is prescribed be included on the prescription order in the
practitioner’s “own handwriting”. The bill was
approved by the Governor and became effective upon publication in
the Kansas Register on March 29, 2007.
S.B. No. 63 deleted the exception
that some PRN prescriptions can be refilled after one year. The
bill prohibits any prescriptions from being refilled after one year
from issuance. Substitute for S.B. No. 82 allows the practice of
the healing arts by a general corporation if it is a healing arts
school approved by the Board, is a non-profit entity, is approved
by the State Board of Regents, and as part of its academic requirements
provides clinical training to its students under the supervision
of persons who are licensed by the Board to practice the healing
Arts. This will enable Cleveland Chiropractic College to move to
Kansas and continue to provide clinical training to students. S.B.
No. 284 simply added the current language of K.S.A. 75-7306(b)(2)
to K.S.A. 65-7305(d) and repealed K.S.A. 65-7306. K.S.A. 65-7306
contained the grandfather provisions for licensing individuals who
were practicing prior to July 1, 2005. S.B. No. 285 was requested
by the Kansas Medical Society and adds an additional definition
of “unprofessional conduct” to be charging, etc. for
anatomic pathology services unless those services were personally
rendered. The bill was been approved by the Governor on March 28
and will become effective July 1, 2007.
|
