Approved:
The meeting was called to order by Chairman Jim Morrison at 1:30 P.M. on February 14, 2006, in Room 526-S of the Capitol.
All members were present except Representatives Bethell and Hill.
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:
Representative Nancy Kirk
Rebecca Rice,
Kansas Association of Nurse Anesthetists
Chip Wheelen, Executive Director, Kansas Association of Osteopathic
Medicine
Jerry Slaughter, Executive Director, Kansas Medical Society
Lawrence Buening, Executive Director, Kansas Board of Healing Arts
Mark McCune, M.D., Kansas Board of Healing Arts
Others attending:
See attached list (not available on electronic copy).
The minutes for February 13,
2006, were approved.
The Chair opened the hearing on
HB 2829.
Representative Nancy Kirk spoke in support of the bill. (Attachment
1) She commented that the bill addresses the need to regulate presently
unregulated facilities where office-based surgeries and specialized procedures
are performed. She stated that the bill does not list best practices, since
such practices are constantly upgraded; rather standards are allowed to be more
flexible under the direction of the rules and regulations of the Kansas
Department of Health and Environment (KDHE). She estimated about 300 facilities
would fall under the scope of the bill. She suggested several clarification
changes to the bill.
Rebecca Rice, Kansas Association of Nurse Anesthetists, provided neutral written
testimony. (Attachment
2)
Chip Wheelen, Executive Director, Kansas Association of Osteopathic Medicine,
spoke as an opponent to the bill. (Attachment
3) He commented that only a few osteopathic physicians would be affected
by the bill; he suggested an alternative as the tiered standards established by
the Kansas Board of Healing Arts, which apply to all members regulated by the
Board of Healing Arts. He noted the significant increase in cost by
implementing the bill.
Jerry Slaughter, Executive Director, Kansas Medical Society, testified as an
opponent. (Attachment
4) He stated that the Board of Healing Arts has adopted regulations that
encompass the intent of the bill, making the proposed legislation unnecessary,
duplicative, and costly. He observed that nothing in the bill requires the
Secretary of the Kansas Department of Health and Environment to adopt rules and
regulations that match those established by the Board of Healing Arts, setting
up potential conflicts.
Lawrence Buening, Executive Director, Kansas Board of Healing Arts, spoke in
opposition to the bill. (Attachment
5) He included a survey to illustrate the Board’s interest in oversight for
free-standing clinics.
(Attachment 6) He was especially concerned about section 6, which requires
the Board to reimburse KDHE for inspections, significantly increasing the
Board’s expenditures; he suggested reimbursements be drawn from the State
General Fund. He referenced board member Dr. Mark McCune’s written opposition
to the bill.
(Attachment 7)
Committee members had several questions: Mr. Slaughter replied that the Board
of Healing Arts already has the authority to investigate any physician’s
office. Mr. Wheelen said that ambulatory surgical centers have stringent
regulations similar to what has been adopted by the Board of Healing Arts. He
replied to another question that assessing a fee to the inspected facility would
help defray costs.
A fiscal
note was included. (Attachment
8)
The hearing on HB 2829 was closed.
The committee considered
HB 2497. A motion was made, seconded and passed to adopt the
Revisor’s
technical amendment.
A motion was made and seconded to accept the balloon amendments from KDHE
testimony on February 8, excluding the word arrest. Discussion
centered on issues of fingerprint identity, DNA identity, and implications of an
arrest. The motion passed.
A motion was made and seconded to strike the words and expungement.
The motion passed 7-6.
A motion was made and seconded to
recommend HB 2497 favorable for passage as amended. The motion passed.
Representative Colloton volunteered to carry the bill.
The Chair announced that
HB 2649 with the
Bethell amendment would be worked on Monday.
Staff Melissa Calderwood briefed the committee on
HB 2752, which amends current law regarding a trauma registry,
expanding the authority of the Secretary of KDHE to develop rules and
regulations, including fees, to support the designation of trauma facilities by
level of trauma care capabilities after consultation with, among others, the
American College of Surgeons Committee on Trauma Standards. She noted changes
in reference to clarify current resources and agencies.
The meeting was adjourned at 2:49 p.m. The next meeting is scheduled for
Wednesday, February 15, 2006.