Text of KS HB 2267 (2025)

Session of 2025 HOUSE BILL No. 2267 By Committee on Health and Human Services Requested by Representative S. Ruiz 2-4 AN ACT concerning health and healthcare; relating to behavioral and mental health; prohibiting certain licensed individuals from using conversion therapy on minors; amending K.S.A. 40-2,215, 40-2,216, 65-2837 and 74-7507 and K.S.A. 2024 Supp. 65-1120 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas: New Section 1. (a) As used in this section: (1) "Conversion therapy" means any practice or treatment that seeks to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex or gender. (2) "Conversion therapy" does not include any practice or treatment that: (A) Provides assistance to an individual undergoing gender transition; (B) provides acceptance, support and understanding of an individual's sexual orientation or gender identity, including such individual's gender expressions or sexual or romantic attractions or feelings toward individuals of the same sex or gender; or (C) facilitates an individual's coping, social support and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, so long as such practice or treatment does not seek to change the individual's sexual orientation or gender identity. (3) "Minor" means a person less than 18 years of age. (b) (1) The following licensees shall be prohibited from using conversion therapy on any individual under 18 years of age minor: (A) Persons licensed by the state board of healing arts; (B) persons licensed by the board of nursing; and (C) persons licensed by the behavioral sciences regulatory board. (2) Any practice of conversion therapy on any individual under 18 years of age by any such licensee shall constitute unprofessional conduct and shall be subject to discipline by such licensee's respective regulatory board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 HB 2267 2 (3) The provisions of this subsection shall apply to delivery of telemedicine authorized by the Kansas telemedicine act under K.S.A. 40- 2,210 et seq., and amendments thereto. (4) The provisions of this subsection shall not apply to the use of conversion therapy by a religious leader or official of any religious denomination that is: (A) Part of such leader's or official's religious duties; and (B) not performed under the authority of a license issued by any of the regulatory boards listed in paragraph (1). Sec. 2. K.S.A. 40-2,215 is hereby amended to read as follows: 40- 2,215. Nothing in the Kansas telemedicine act shall be construed to authorize the delivery of any abortion procedure via telemedicine of: (a) Any abortion procedure; or (b) conversion therapy, as defined in section 1, and amendments thereto, used on a minor. Sec. 3. K.S.A. 40-2,216 is hereby amended to read as follows: 40- 2,216. If any provision of the Kansas telemedicine act, or the application thereof to any person or circumstance, is held invalid or unconstitutional by court order, then the remainder of the Kansas telemedicine act and the application of such provision to other persons or circumstances shall not be affected thereby and it shall be conclusively presumed that the legislature would have enacted the remainder of the Kansas telemedicine act without such invalid or unconstitutional provision, except that the provisions of K.S.A. 40-2,215, and amendments thereto, are expressly declared to be nonseverable. Sec. 4. K.S.A. 2024 Supp. 65-1120 is hereby amended to read as follows: 65-1120. (a) Grounds for disciplinary actions. The board may deny, revoke, limit or suspend any license or authorization to practice nursing as a registered professional nurse, as a licensed practical nurse, as an advanced practice registered nurse or as a registered nurse anesthetist that is issued by the board or applied for under this act, or may require the licensee to attend a specific number of hours of continuing education in addition to any hours the licensee may already be required to attend or may publicly or privately censure a licensee or holder of a temporary permit or authorization, if the applicant, licensee or holder of a temporary permit or authorization is found after a hearing: (1) To be guilty of fraud or deceit in practicing nursing or in procuring or attempting to procure a license to practice nursing; (2) to have been guilty of a felony or to have been guilty of a misdemeanor involving an illegal drug offense unless the applicant or licensee establishes sufficient rehabilitation to warrant the public trust, except that notwithstanding K.S.A. 74-120, and amendments thereto, no license or authorization to practice nursing as a licensed professional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2267 3 nurse, as a licensed practical nurse, as an advanced practice registered nurse or registered nurse anesthetist shall be granted to a person with a felony conviction for a crime against persons as specified in article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated, or K.S.A. 2024 Supp. 21-6104, 21-6325, 21-6326 or 21-6418, and amendments thereto; (3) has been convicted or found guilty or has entered into an agreed disposition of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; (4) to have committed an act of professional incompetency as defined in subsection (e); (5) to be unable to practice with skill and safety due to current abuse of drugs or alcohol; (6) to be a person who has been adjudged in need of a guardian or conservator, or both, under the act for obtaining a guardian or conservator, or both, and who has not been restored to capacity under that act; (7) to be guilty of unprofessional conduct as defined by rules and regulations of the board, including the use of conversion therapy on a minor in violation of section 1, and amendments thereto; (8) to have willfully or repeatedly violated the provisions of the Kansas nurse practice act or any rules and regulations adopted pursuant to that act, including K.S.A. 65-1114 and 65-1122, and amendments thereto; (9) to have a license to practice nursing as a registered nurse or as a practical nurse denied, revoked, limited or suspended, or to be publicly or privately censured, by a licensing authority of another state, agency of the United States government, territory of the United States or country or to have other disciplinary action taken against the applicant or licensee by a licensing authority of another state, agency of the United States government, territory of the United States or country. A certified copy of the record or order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing authority of another state, agency of the United States government, territory of the United States or country shall constitute prima facie evidence of such a fact for purposes of this paragraph (9); or (10) to have assisted suicide in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2024 Supp. 21-5407, and amendments thereto, as established by any of the following: (A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406, prior to its repeal, or K.S.A. 2024 Supp. 21-5407, and amendments thereto.; (B) a copy of the record of a judgment of contempt of court for violating an injunction issued under K.S.A. 2024 Supp. 60-4404, and amendments thereto.; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2267 4 (C) a copy of the record of a judgment assessing damages under K.S.A. 2024 Supp. 60-4405, and amendments thereto. (b) Proceedings. Upon filing of a sworn complaint with the board charging a person with having been guilty of any of the unlawful practices specified in subsection (a), two or more members of the board shall investigate the charges, or the board may designate and authorize an employee or employees of the board to conduct an investigation. After investigation, the board may institute charges. If an investigation, in the opinion of the board, reveals reasonable grounds for believing the applicant or licensee is guilty of the charges, the board shall fix a time and place for proceedings, which shall be conducted in accordance with the provisions of the Kansas administrative procedure act. (c) Witnesses. No person shall be excused from testifying in any proceedings before the board under this act or in any civil proceedings under this act before a court of competent jurisdiction on the ground that such testimony may incriminate the person testifying, but such testimony shall not be used against the person for the prosecution of any crime under the laws of this state except the crime of perjury as defined in K.S.A. 2024 Supp. 21-5903, and amendments thereto. (d) Costs. If final agency action of the board in a proceeding under this section is adverse to the applicant or licensee, the costs of the board's proceedings shall be charged to the applicant or licensee as in ordinary civil actions in the district court, but if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed by the board according to the statutes relating to procedure in the district court. All costs accrued by the board, when it is the successful party, and which the attorney general certifies cannot be collected from the applicant or licensee shall be paid from the board of nursing fee fund. All moneys collected following board proceedings shall be credited in full to the board of nursing fee fund. (e) Professional incompetency defined. As used in this section, "professional incompetency" means: (1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence, as determined by the board; (2) repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board; or (3) a pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to practice nursing. (f) Criminal justice information. The board upon request shall receive from the Kansas bureau of investigation such criminal history record information relating to arrests and criminal convictions as necessary for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2267 5 the purpose of determining initial and continuing qualifications of licensees of and applicants for licensure by the board. Sec. 5. K.S.A. 65-2837 is hereby amended to read as follows: 65- 2837. As used in K.S.A. 65-2836, and amendments thereto, and in this section: (a) "Professional incompetency" means: (1) One or more instances involving failure to adhere to the applicable standard of care to a degree that constitutes gross negligence, as determined by the board. (2) Repeated instances involving failure to adhere to the applicable standard of care to a degree that constitutes ordinary negligence, as determined by the board. (3) A pattern of practice or other behavior that demonstrates a manifest incapacity or incompetence to practice the healing arts. (b) "Unprofessional conduct" means: (1) Solicitation of Soliciting professional patronage through the use of fraudulent or false advertisements, or profiting by the acts of those representing themselves to be agents of the licensee. (2) Representing to a patient that a manifestly incurable disease, condition or injury can be permanently cured. (3) Assisting in the care or treatment of a patient without the consent of the patient, the attending physician or the patient's legal representatives. (4) The use of Using any letters, words or terms as an affix, on stationery, in advertisements or otherwise indicating that such person is entitled to practice a branch of the healing arts for which such person is not licensed. (5) Performing, procuring or aiding and abetting in the performance or procurement of a criminal abortion. (6) Willful betrayal of Willfully betraying confidential information. (7) Advertising professional superiority or the performance of professional services in a superior manner. (8) Advertising to guarantee any professional service or to perform any operation painlessly. (9) Participating in any action as a staff member of a medical care facility that is designed to exclude or that results in the exclusion of any person licensed to practice medicine and surgery from the medical staff of a nonprofit medical care facility licensed in this state because of the branch of the healing arts practiced by such person or without just cause. (10) Failure Failing to effectuate the declaration of a qualified patient as provided in K.S.A. 65-28,107(a), and amendments thereto. (11) Prescribing, ordering, dispensing, administering, selling, supplying or giving any amphetamines or sympathomimetic amines, except as authorized by K.S.A. 65-2837a, and amendments thereto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2267 6 (12) Engaging in conduct likely to deceive, defraud or harm the public. (13) Making a false or misleading statement regarding the licensee's skill or the efficacy or value of the drug, treatment or remedy prescribed by the licensee or at the licensee's direction in the treatment of any disease or other condition of the body or mind. (14) Aiding or abetting the practice of the healing arts by an unlicensed, incompetent or impaired person. (15) Allowing another person or organization to use the licensee's license to practice the healing arts. (16) Commission of Committing any act of sexual abuse, misconduct or other improper sexual contact that exploits the licensee- patient relationship with a patient or a person responsible for health care healthcare decisions concerning such patient. (17) The use of any false, fraudulent or deceptive statement in any document connected with the practice of the healing arts including the intentional falsifying or fraudulent altering of a patient or medical care facility record. (18) Obtaining any fee by fraud, deceit or misrepresentation. (19) Directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, other than through the legal functioning of lawful professional partnerships, corporations, limited liability companies or associations. (20) Failure Failing to transfer patient records to another licensee when requested to do so by the subject patient or by such patient's legally designated representative. (21) Performing unnecessary tests, examinations or services that have no legitimate medical purpose. (22) Charging an excessive fee for services rendered. (23) Prescribing, dispensing, administering or distributing a prescription drug or substance, including a controlled substance, in an improper or inappropriate manner, or for other than a valid medical purpose, or not in the course of the licensee's professional practice. (24) Repeated failure Repeatedly failing to practice healing arts with that level of care, skill and treatment that is recognized by a reasonably prudent similar practitioner as being acceptable under similar conditions and circumstances. (25) Failure Failing to keep written medical records that accurately describe the services rendered to the patient, including patient histories, pertinent findings, examination results and test results. (26) Delegating professional responsibilities to a person when the licensee knows or has reason to know that such person is not qualified by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2267 7 training, experience or licensure to perform them. (27) Using experimental forms of therapy without proper informed patient consent, without conforming to generally accepted criteria or standard protocols, without keeping detailed legible records or without having periodic analysis of the study and results reviewed by a committee or peers. (28) Prescribing, dispensing, administering or distributing an anabolic steroid or human growth hormone for other than a valid medical purpose. Bodybuilding, muscle enhancement or increasing muscle bulk or strength through the use of an anabolic steroid or human growth hormone by a person who is in good health is not a valid medical purpose. (29) Referring a patient to a health care healthcare entity for services if the licensee has a significant investment interest in the health care healthcare entity, unless the licensee informs the patient in writing of such significant investment interest and that the patient may obtain such services elsewhere. (30) Failing to properly supervise, direct or delegate acts that constitute the healing arts to persons who perform professional services pursuant to such licensee's direction, supervision, order, referral, delegation or practice protocols. (31) Violating K.S.A. 65-6703, and amendments thereto. (32) Charging, billing or otherwise soliciting payment from any patient, patient's representative or insurer for anatomic pathology services, if such services are not personally rendered by the licensee or under such licensee's direct supervision. As used in this subsection, "anatomic pathology services" means the gross or microscopic examination of histologic processing of human organ tissue or the examination of human cells from fluids, aspirates, washings, brushings or smears, including blood banking services, and subcellular or molecular pathology services, performed by or under the supervision of a person licensed to practice medicine and surgery or a clinical laboratory. Nothing in this subsection shall be construed to prohibit billing for anatomic pathology services by: (A) A hospital; (B) a clinical laboratory when samples are transferred between clinical laboratories for the provision of anatomic pathology services; or (C) a physician providing services to a patient pursuant to a medical retainer agreement in compliance with K.S.A. 65-4978, and amendments thereto, when the bill to the patient for such services: (i) Identifies the laboratory or physician that performed the services; (ii) discloses in writing to the patient the actual amount charged by the physician or laboratory that performed the service; and (iii) is consistent with rules and regulations adopted by the board for appropriate billing standards applicable to such services when furnished 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2267 8 under these agreements. (33) Engaging in conduct that violates patient trust and exploits the licensee-patient relationship for personal gain. (34) Obstructing a board investigation including, but not limited to, engaging in one or more of the following acts: (A) Falsifying or concealing a material fact; (B) knowingly making or causing to be made any false or misleading statement or writing; or (C) other acts or conduct likely to deceive or defraud the board. (35) Using conversion therapy on a minor in violation of section 1, and amendments thereto. (c) "False advertisement" means any advertisement that is false, misleading or deceptive in a material respect. In determining whether any advertisement is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations made. (d) "Advertisement" means all representations disseminated in any manner or by any means for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of professional services. (e) "Licensee" for purposes of this section and K.S.A. 65-2836, and amendments thereto, means all persons issued a license, permit or special permit pursuant to article 28 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. (f) "License" for purposes of this section and K.S.A. 65-2836, and amendments thereto, means any license, permit or special permit granted under article 28 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. (g) "Health careHealthcare entity" means any corporation, firm, partnership or other business entity that provides services for diagnosis or treatment of human health conditions and that is owned separately from a referring licensee's principle practice. (h) "Significant investment interest" means ownership of at least 10% of the value of the firm, partnership or other business entity that owns or leases the health care healthcare entity, or ownership of at least 10% of the shares of stock of the corporation that owns or leases the health care healthcare entity. Sec. 6. K.S.A. 74-7507 is hereby amended to read as follows: 74- 7507. (a) The behavioral sciences regulatory board shall have the following powers, duties and functions: (1) Recommend to the appropriate district or county attorneys prosecution for violations of this act, the licensure of psychologists act of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2267 9 the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act; (2) compile and publish annually a list of the names and addresses of all persons who are licensed under this act, are licensed under the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act; (3) prescribe the form and contents of examinations required under this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act; (4) enter into contracts necessary to administer this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act; (5) adopt an official seal; (6) adopt and enforce rules and regulations for professional conduct of persons licensed under the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act; (7) adopt and enforce rules and regulations establishing requirements for the continuing education of persons licensed under the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act or the addiction counselor licensure act; (8) adopt rules and regulations establishing classes of social work specialties which will be recognized for licensure under K.S.A. 65-6301 to through 65-6318, inclusive, and amendments thereto; (9) adopt rules and regulations establishing procedures for examination of candidates for licensure under the licensure of psychologists act of the state of Kansas, the professional counselors 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 HB 2267 10 licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act, the addiction counselor licensure act and for issuance of such certificates and such licenses; (10) adopt rules and regulations as may be necessary for the administration of this act, the licensure of psychologists act of the state of Kansas, the professional counselors licensure act, the social workers licensure act, the licensure of master's level psychologists act, the applied behavior analysis licensure act, the marriage and family therapists licensure act and the addiction counselor licensure act and to carry out the purposes thereof; (11) appoint an executive director and other employees as provided in K.S.A. 74-7501, and amendments thereto; and (12) exercise such other powers and perform such other functions and duties as may be prescribed by law. (b) Any rules and regulations adopted pursuant to this section concerning professional conduct shall prohibit the use of conversion therapy on a minor that would be in violation of section 1, and amendments thereto. (c) If an order of the behavioral sciences regulatory board is adverse to a licensee or registrant of the board, the actual costs shall be charged to such person as in ordinary civil actions in the district court. The board shall pay any additional costs and, if the board is the unsuccessful party, the costs shall be paid by the board. Witness fees and costs may be taxed in accordance with statutes governing taxation of witness fees and costs in the district court. Sec. 7. K.S.A. 40-2,215, 40-2,216, 65-2837 and 74-7507 and K.S.A. 2024 Supp. 65-1120 are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its publication in the statute book. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30