Approved: February 2, 2006
The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on February 1, 2006, in Room 526-S of the Capitol.
All members were present except Representatives Watkins and Kilpatrick, both of whom were excused.
Committee staff present:
Melissa Calderwood, Kansas Legislative Research Department
Mary Galligan, Kansas Legislative Research Department
Renae Jefferies, Revisor of Statutes’ Office
Gary Deeter, Committee Secretary
Conferees appearing before
the committee:
Phyllis Zorn, Hays, citizen
Miranda Zorn, citizen
Robert Twillman, LIFE Project Pain management and Public
Policy Task Forces
Chip Wheelen, Executive Director, Kansas Association of
Osteopathic Medicine
Jerry Slaughter, Executive Director, Kansas Medical Society
Others attending:
See attached list.
The minutes for 1-31 were
approved.
The Chair opened the hearing on
HB 2649.
Phyllis Zorn, Hays, told a personal story about her daughter’s surgery, a
sequence of events that accelerated from an infection to an abscess to surgery
without adequate anesthesia.
(Attachment 1) She learned that doctors sometimes undertreat for pain,
fearing repercussions from the Board of Healing Arts for over-prescribing.
Miranda Zorn, the daughter in the story above, further related the ordeal of
enduring surgery with inadequate pain medication. (Attachment
2) She encouraged members to
pass the bill.
Robert Twillman, LIFE Project Pain management and Public Policy Task Forces,
spoke as a proponent.
(Attachment 3) He said poor pain management is a significant public health
concern, costing the American economy $110 billion per year as estimated by the
National Institutes of Health, an unnecessary financial and human cost. He noted
that sections 2 and 3 of the bill express rights already extant, that no new
rights are created in these sections. He said section 5, by deleting a
reference to the principle of double effect, which is intended to reassure
physicians that pain management will not be construed as assisted suicide,
actually perpetuates the inaccurate idea that patients are in danger of
inadvertently being killed by proper pain medication. He recommended
eliminating those clauses. Regarding section 6 of the bill, he commented that
the intent is to clarify unprofessional conduct regarding the prescribing of
drugs; he suggested an amendment to section six stating that an inadequate
prescription is as unprofessional as an excessive prescription.
Deanne Bacco, Executive Director, Kansas Advocates for Better Care, provided
written testimony as a proponent.
(Attachment 4)
Chip Wheelen, Executive Director, Kansas Association of Osteopathic Medicine,
said the physicians he represents endorse the principle of the bill and
appreciate the organizations that seek to promote a better quality of life for
those dealing with pain.
(Attachment 5) He identified three categories of pain patients: those who
have been injured or undergone surgery, those who must endure long-term pain,
and those who try to manipulate physicians to obtain opiates; he stated that the
first and second categories have legitimate need for proper pain medication.
Commenting on sections of the bill, he said section 2 is an acceptable
statement of public purpose as long as it does not create a new cause of action
for litigation. He suggested reshaping the language of sections 2 and 3 to
eliminate the possibility of creating a new right. He also suggested that
section 3 should state what is not intended by the bill. Offering amendments
which he said would clarify the intent of the bill, he suggested language that
would protect physicians from disciplinary action if they followed the
guidelines of the Board of Healing Arts. He also commended the language
provided by Jerry Slaughter. (See Attachment 6)
Jerry Slaughter, Executive Director, Kansas Medical Society, offered written
testimony with recommended language to strengthen the bill.
(Attachment 6) Representative Bethell, stating that the proposed amendments
increased the effectiveness of the bill, said that he had prepared a balloon
amendment for the committee’s consideration.
Answering questions, Mr. Wheelen said avenues of redress are available with or
without the bill: filing a complaint with the Board of Healing Arts and, if a
person suffers damages, recovering those damages through a lawsuit; he noted
that the bill attempts to protect physicians from unnecessary disciplinary
action. To another question, he said if the bill passes, all those licensed to
prescribe medications would need to adjust the statutory language in their
practice acts to accommodate the bill. He replied that the bill would not
create a new standard of care.
A fiscal note on HB 2649 was included for members. (Attachment
7)
The Chair closed the hearing and asked members for bill introductions.
Representative Kiegerl requested a bill that would bring Kansas into compliance
with federal law regarding a baby inadvertently delivered alive during an
abortion procedure. The motion was made, seconded and passed to accept the
bill as a committee bill.
Representative Bethell requested a bill that would require reporting to the
Board of Nursing the employment and termination dates of licensed nurses.
The committee accepted sponsorship of the bill.
The Chair requested three bills on behalf of the Kansas Sheriff’s Association:
(1) extending the current statute prohibiting the unlawful sale or distribution
of controlled substances within 1000 feet of school to include licensed day-care
centers, public parks, playgrounds, and premises or structures used by a public
school district; (2) extending the current law prohibiting the unlawful sale or
distribution of depressants, stimulants, or hallucinogenic drugs within 1000
feet of school to include licensed day-care centers, public parks, playgrounds,
and premises or structures used by a public school district; and (3) adjusting
the sentencing guidelines grid to reflect the changes in the criminal code.
A motion was passed sponsor all three bills.
Staff Melissa Calderwood gave a briefing on
HB 2678, which she said repeals the present law regarding
free-standing renal dialysis facilities dispensing drugs. She noted that a
similar bill (HB 2225) went through the committee and the House in
2005 and was sent to the Senate Public Health and Welfare Committee, which held
hearings but took no action on the bill.
A fiscal note was provided for members. (Attachment
8)
Staff Mary Galligan briefed the committee on
SB 263. She said the bill changes the composition of the Board of
Emergency Medical Services to require one of three members active in the
profession to be an administrator. She said because of Senate amendments, the
fiscal note was no longer applicable. The number of members would not change,
only the composition of membership.
A fiscal note (Attachment
9) and a supplemental note (Attachment
10) were also available to members.
The meeting was adjourned at 2:44 p.m. The next meeting is scheduled for
Thursday, February 2, 2006.