Text of KS HB 2792 (2024)
Prohibiting gender transition surgery on minors, authorizing professional discipline against a physician who performs such surgeries and adopting a standard of care for gender transition care services.
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As introduced
13,237 characters
Session of 2024
HOUSE BILL No. 2792
By Committee on Health and Human Services
Requested by Representative Landwehr
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AN ACT concerning health and healthcare; relating to transgender care
services; prohibiting gender transition surgeries on minors; authorizing
professional discipline against a physician who performs such
surgeries; adopting a standard of care for gender transition care
services; amending K.S.A. 65-2837 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As used in this section:
(1) "Gender transition surgery" means a surgical procedure performed
for the purpose of assisting an individual with a gender transition,
including, but not limited to:
(A) Procedures that artifically construct tissue with the appearance of
genitalia that differs from the individual's biological sex, including, but not
limited to, metoidioplasty, phalloplasty or vaginoplasty; and
(B) augmentation, mammoplasty or subcutaneous mastectomy.
(2) "Healthcare provider" means a person defined as a healthcare
provider under K.S.A. 65-4921, and amendments thereto, a person
licensed by the board of nursing or a person licensed by the behavioral
sciences regulatory board.
(3) "Minor" means an individual under 18 years of age.
(4) "Physician" means a person licensed by the state board of healing
arts to practice medicine and surgery.
(5) "Sex" means the biological indication of male and female in the
context of reproductive potential or capacity, such as sex chromosomes,
naturally occurring sex hormones, gonads and nonambiguous internal and
external genitalia present at birth.
(b) A physician shall not perform a gender transition surgery on a
minor.
(c) When providing transgender care services, healthcare providers
shall conduct services and treatments according to the clinical practice
guidelines specified in Wylie C. Hembree et al., Endocrine treatment of
gender-dysphoric/gender-incongruent person: an endocrine society clinical
practice guidelines, 102 JCEM 11, 3869, September 13, 2017.
Sec. 2. 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
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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 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 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 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 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.
(12) 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.
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(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 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 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 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 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 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
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.
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(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 entity for services if the
licensee has a significant investment interest in the health care 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) Performing gender transition surgery, as defined in section 1,
and amendments thereto, on a minor.
(33) 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
under these agreements.
(33)(34) Engaging in conduct that violates patient trust and exploits
the licensee-patient relationship for personal gain.
(34)(35) Obstructing a board investigation including, but not limited
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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.
(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 entity, or ownership of at least 10% of the shares of
stock of the corporation that owns or leases the health care entity.
Sec. 3. K.S.A. 65-2837 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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