S Sub. for HB 2269--Am. by SCW
[As Amended by Senate Committee of the Whole]
Session of 1997
Senate Substitute for HOUSE BILL No. 2269
By Representatives Wagle, Ballou, Boston, Bradley, Campbell, Carmody, Dahl, Dean, Donovan, Faber, Farmer, Flower, Franklin, Freeborn, Gilmore, Hayzlett, Henry, Howell, Humerickhouse, Hutchins, Jenni- son, Kejr, Phill Kline, Landwehr, Larkin, P.
Long, Mason, Mayans, Mays, McCreary, McKinney, Mollenkamp, Morrison, Myers, Neufeld, O'Connor, O'Neal, J. Peterson, Phelps, Powell, Powers, Presta, Rear- don, Shallenburger, Shore, Swenson, Tanner, Thimesch, Toplikar, Vickrey, Vining, Weber, Wempe,
Wilk and Wilson

17 AN ACT concerning abortion; relating to certain requirements before the 18 performance thereof; amending K.S.A. 65-6706 [and K.S.A. 1996 19 Supp. 65-2836] and repealing the existing section [sections; also 20 repealing K.S.A. 65-6706]. 21 22 Be it enacted by the Legislature of the State of Kansas: 23 Section 1. K.S.A. 65-6706 is hereby amended to read as follows: 65- 24 6706. (a) No abortion shall be performed or induced unless: 25 (1) The woman upon whom the abortion is to be performed or in- 26 duced gives her informed consent; or 27 (2) a medical emergency compels the performance or inducement of 28 the abortion. 29 (b) Consent to an abortion is informed only if the physician who is 30 to perform or induce the abortion or another health care provider informs 31 the woman, orally and in writing not less than eight hours before the 32 abortion, of the right of such woman to request a meeting with the phy- 33 sician who is to perform the abortion. If a meeting is requested, the meet- 34 ing shall be held not less than eight hours before the abortion. At such 35 meeting, pregnancy and counseling information shall be provided. Such 36 information and counseling shall include: 37 (1) The nature of the proposed procedure or treatment and of those 38 risks and alternatives to the procedure or treatment that a reasonable 39 patient would consider material to the decision of whether or not to un- 40 dergo the abortion; 41 (2) the gestational age of the fetus at the time the abortion is to be 42 performed; 43 (3) the medical risks, if any, associated with terminating the preg- S Sub. for HB 2269--Am. by SCW

 1  nancy or carrying the pregnancy to term; and
 2    (4)  community resources, if any, available to support the woman's
 3  decision to carry the pregnancy to term.[; and]
 4    [(5)  information regarding the liability of the father of the un-
 5  born child to assist in the support of the child, even in instances
 6  where the father has offered to pay for the abortion except that in
 7  the case of rape, this information may be omitted.]
 8    A woman may waive, in writing, the right to meet with the physician
 9  who is to perform the abortion. If a woman waives the right to a meeting,
10  written materials containing the information specified in paragraphs (1)
11  through (4) (5) of this subsection shall be provided to the woman not less
12  than eight hours before the abortion.
13    A woman shall certify in writing on a form provided by the department
14  of health and environment, prior to the abortion, that the information
15  required to be provided by paragraphs (1) through (4) (5) of this subsec-
16  tion has been provided.
17    A woman may withdraw consent to an abortion at any time prior to
18  the abortion.
19    (c)  If a medical emergency compels the performance or inducement
20  of an abortion, the attending physician shall inform the woman, prior to
21  the abortion, if possible, of the medical indications supporting the phys-
22  ician's judgment that an abortion is necessary to avert the woman's death
23  or to avert substantial and irreversible impairment of the woman's major
24  bodily functions.
25    (d)  A physician shall be held to the same duties and responsibilities
26  and standard of care in the performance of an abortion as in the perform-
27  ance of any other medical procedure. Nothing in this section shall be
28  construed as imposing any liability in addition to the liability for which
29  a physician would otherwise be liable for any other medical procedure.
30    Sec. 2.  K.S.A. 65-6706 is hereby repealed.
31    [New Section 1.  Sections 1 to 12, inclusive of this act shall be
32  known and may be cited as the woman's-right-to-know act.
33    [New Sec. 2.  (a) The legislature of the state of Kansas finds that:
34    [(1)  It is essential to the psychological and physical well-being
35  of a woman considering an abortion that she receive complete and
36  accurate information on her alternatives.
37    [(2)  The knowledgeable exercise of a woman's decision to have
38  an abortion depends on the extent to which the woman receives
39  sufficient information to make an informed choice between two al-
40  ternatives:  Giving birth or having an abortion.
41    [(3)  A large percentage of all abortions are performed in clinics
42  devoted solely to providing abortions and family planning services.
43  Most women who seek abortions at these facilities do not have any
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 1  relationship with the physician who performs the abortion, before
 2  or after the procedure. They do not return to the facility for post-
 3  surgical care. In most instances, the woman's only actual contact
 4  with the physician occurs simultaneously with the abortion proce-
 5  dure, with little opportunity to receive counseling concerning her
 6  decision.
 7    [(4)  The decision to abort ``is an important, and often a stressful
 8  one, and it is desirable and imperative that it be made with full
 9  knowledge of its nature and consequences.'' Planned Parenthood v.
10  Danforth, 428 U.S. 52, 67 (1976).
11    [(5)  ``The medical, emotional, and psychological consequences
12  of an abortion are serious and can be lasting. . . .'' H.L. v. Mathe-
13  son, 450 U.S. 398, 411 (1981).
14    [(6)  Abortion facilities or providers offer only limited and/or
15  impersonal counseling opportunities.
16    [(7)  Many abortion facilities or providers hire untrained and
17  unprofessional ``counselors'' whose primary goal is to sell abortion
18  services.
19    [(b)  Based on the findings in subsection (a) of this section, it is
20  the purpose of this act to:
21    [(1)  Ensure that every woman considering an abortion receive
22  complete information on her alternatives and that every woman
23  submitting to an abortion do so only after giving her voluntary and
24  informed consent to the abortion procedure.
25    [(2)  Protect unborn children from a woman's uninformed deci-
26  sion to have an abortion.
27    [(3)  Reduce ``the risk that a woman may elect an abortion, only
28  to discover later, with devastating psychological consequences, that
29  her decision was not fully informed.'' Planned Parenthood v. Casey,
30  112 S.Ct. 2791, 2823 (1992).
31    [Sec. 3.  K.S.A. 65-6701 is hereby amended to read as follows:
32  65-6701. As used in this act:
33    [(a)  ``Abortion'' means the use of any means to intentionally ter-
34  minate a pregnancy except for the purpose of causing a live birth.
35  Abortion does not include: (1) The use of any drug or device that
36  inhibits or prevents ovulation, fertilization or the implantation of
37  an embryo; or (2) disposition of the product of in vitro fertilization
38  prior to implantation.
39    [(b)  ``Conception'' means the fusion of a human spermatozoon with
40  a human ovum.
41    [(c)  ``Counselor'' means a person who is: (1) Licensed to practice
42  medicine and surgery; (2) licensed to practice psychology; (3) li-
43  censed to practice professional or practical nursing; (4) registered
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 1  to practice professional counseling; (5) licensed as a social worker;
 2    (6) the holder of a master's or doctor's degree from an accredited
 3  graduate school of social work; (7) registered to practice marriage
 4  and family therapy; (8) a registered physician's assistant; or (9) a
 5  currently ordained member of the clergy or religious authority of
 6  any religious denomination or society. Counselor does not include
 7  the physician who performs or induces the abortion or a physician
 8  or other person who assists in performing or inducing the abortion.
 9    [(c) (d)  ``Department'' means the department of health and environ-
10  ment.
11    [(e)  ``Gestational age'' means the time that has elapsed since the first
12  day of the woman's last menstrual period.
13    [(f)  ``Medical emergency'' means that condition which, on the basis
14  of the physician's good faith clinical judgment, so complicates the medical
15  condition of a pregnant woman as to necessitate the immediate abortion
16  of her pregnancy to overt her death or for which a delay will create serious
17  risk of substantial and irreversible impairment of a major bodily function.
18    [(g)  ``Minor'' means a person less than 18 years of age.
19    [(d) (h)  ``Physician'' means a person licensed to practice medi-
20  cine and surgery in this state.
21    [(e) (i)  ``Pregnant'' or ``pregnancy'' means that female reproductive
22  condition of having an unborn child in the mother's body.
23    [(j)  ``Qualified person'' means an agent of the physician who is a psy-
24  chologist, licensed social worker, registered professional counselor, reg-
25  istered nurse or physician.
26    [(k)  ``Unborn child'' means the offspring of human beings from con-
27  ception until birth.
28    [(l)  ``Unemancipated minor'' means any minor who has never
29  been: (1) Married; or (2) freed, by court order or otherwise, from
30  the care, custody and control of the minor's parents.
31    [(f) (m)  ``Viable'' means that stage of gestation when, in the best
32  medical judgment of the attending physician, the fetus is capable of
33  sustained survival outside the uterus without the application of ex-
34  traordinary medical means.
35    [(n)  ``Aggrieved party'' means any woman who obtains, seeks to ob-
36  tain, or believes she has obtained, an abortion, and includes her personal
37  representative.
38    [New Sec. 4.  No abortion shall be performed or induced with-
39  out the voluntary and informed consent of the woman upon whom
40  the abortion is to be performed or induced. Except in the case of a
41  medical emergency, consent to an abortion is voluntary and in-
42  formed only if:
43    [(a)  At least eight hours before the abortion the physician who
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 1  is to perform the abortion or the referring physician has informed
 2  the woman, orally and in person, of:
 3    [(1)  The name of the physician who will perform the abortion;
 4    [(2)  a description of the proposed abortion method;
 5    [(3)  a description of risks related to the proposed abortion
 6  method, including risks to the woman's reproductive health and al-
 7  ternatives to the abortion that a reasonable patient would consider
 8  material to the decision of whether or not to undergo the abortion;
 9    [(4)  the probable gestational age of the unborn child at the time
10  the abortion is to be performed, and if the unborn child is viable or
11  has reached the gestational age of 24 weeks, that (A) the unborn
12  child may be able to survive outside the womb; and (B) if the unborn
13  child is born alive, the attending physician has the legal obligation
14  to take all reasonable steps necessary to maintain the life and health
15  of the child;
16    [(5)  the probable anatomical and physiological characteristics
17  of the unborn child at the time the abortion is to be performed;
18    [(6)  the medical risks associated with carrying her child to term;
19  and
20    [(7)  any need for anti-Rh immune globulin therapy, if she is Rh
21  negative, the likely consequences of refusing such therapy and the
22  cost of the therapy.
23    [(b)  At least eight hours before the abortion, the physician who
24  is to perform the abortion, the referring physician or a qualified
25  person has informed the woman, orally and in person, that:
26    [(1)  Medical assistance benefits may be available for prenatal
27  care, childbirth and neonatal care, and that more detailed infor-
28  mation on the availability of such assistance is contained in the
29  printed materials given to her and described in section 5 and
30  amendments thereto;
31    [(2)  the printed materials in section 5 and amendments thereto
32  describe the unborn child and list agencies which offer alternatives
33  to abortion;
34    [(3)  the father of the unborn child is liable to assist in the sup-
35  port of her child, even in instances where he has offered to pay for
36  the abortion except that in the case of rape this information may be
37  omitted; and
38    [(4)  the woman is free to withhold or withdraw her consent to
39  the abortion at any time before or during the abortion without af-
40  fecting her right to future care or treatment and without the loss of
41  any state or federally-funded benefits to which she might otherwise
42  be entitled.
43    [(c)  The information in subsection (a) and subsection (b) of this
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 1  section 4 is provided to the woman individually and in a private
 2  room to protect her privacy and maintain the confidentiality of her
 3  decision, to ensure that the information focuses on her individual
 4  circumstances and that she has an adequate opportunity to ask
 5  questions.
 6    [(d)  At least eight hours before the abortion, the woman is given
 7  a copy of the printed materials described in section 5 and amend-
 8  ments thereto. If the woman is unable to read the materials, they
 9  shall be read to her. If the woman asks questions concerning any of
10  the information or materials, answers shall be provided to her in
11  her own language.
12    [(e)  The woman certifies in writing on a form provided by the
13  department, prior to the abortion, that the information required to
14  be provided under subsections (a), (b) and (d) has been provided.
15  All physicians who perform abortions shall report the total number
16  of certifications received monthly to the department. The depart-
17  ment shall make the number of certifications received available on
18  an annual basis.
19    [(f)  Prior to the performance of the abortion, the physician who
20  is to perform the abortion or the physician's agent receives a copy
21  of the written certification prescribed by subsection (e) of this sec-
22  tion.
23    [(g)  The woman is not required to pay any amount for the abor-
24  tion procedure until the eight-hour waiting period has expired.
25    [New Sec. 5.  (a) The department shall cause to be published,
26  within 30 days after the effective date of this act, and shall update
27  on an annual basis, the following easily comprehensible printed ma-
28  terials:
29    [(1)  Geographically indexed materials designed to inform the
30  woman of public and private agencies and services available to as-
31  sist a woman through pregnancy, upon childbirth and while her
32  child is dependent, including but not limited to, adoption agencies.
33  The materials shall include a comprehensive list of the agencies, a
34  description of the services they offer and the telephone numbers and
35  addresses of the agencies; and inform the woman about available
36  medical assistance benefits for prenatal care, childbirth and neo-
37  natal care and about the support obligations of the father of a child
38  who is born alive. The department shall ensure that the materials
39  described in this section are comprehensive and do not directly or
40  indirectly promote, exclude or discourage the use of any agency or
41  service described in this section. The materials shall also contain a
42  toll-free 24-hour a day telephone number which may be called to
43  obtain, orally, such a list and description of agencies in the locality
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 1  of the caller and of the services they offer. The materials shall state
 2  that it is unlawful for any individual to coerce a woman to undergo
 3  an abortion, that any physician who performs an abortion upon a
 4  woman without her informed consent may be liable to her for dam-
 5  ages in a civil action at law and that the law permits adoptive par-
 6  ents to pay costs of prenatal care, childbirth and neonatal care. The
 7  materials shall include the following statement:
 8  [``There are many public and private agencies willing and able to help you to
 9  carry your child to term, and to assist you and your child after your child is
10  born, whether you choose to keep your child or to place her or him for adop-
11  tion. The State of Kansas strongly urges you to contact them before making a
12  final decision about abortion. The law requires that your physician or the
13  physician's agent give you the opportunity to call agencies like these before
14  you undergo an abortion.''
15    [(2)  Materials that inform the pregnant woman of the probable
16  anatomical and physiological characteristics of the unborn child at
17  two-week gestational increments from fertilization to full term, in-
18  cluding pictures or drawings representing the development of un-
19  born children at two-week gestational increments, and any relevant
20  information on the possibility of the unborn child's survival. Any
21  such pictures or drawings shall contain the dimensions of the un-
22  born child and shall be realistic. The materials shall be objective,
23  nonjudgmental and designed to convey only accurate scientific in-
24  formation about the unborn child at the various gestational ages.
25  The material shall also contain objective information describing the
26  methods of abortion procedures commonly employed, the medical
27  risks commonly associated with each such procedure and the med-
28  ical risks associated with carrying a child to term.
29    [(3)  A certification form to be used by physicians or their agents
30  under subsection (e) of section 4 of this act, which will list all the
31  items of information which are to be given to women by physicians
32  or their agents under this act.
33    [(b)  The materials required under this section shall be printed
34  in a typeface large enough to be clearly legible. The materials shall
35  be made available in both English and Spanish language versions.
36    [(c)  The materials required under this section shall be available
37  at no cost from the department upon request and in appropriate
38  number to any person, facility or hospital.
39    [New Sec. 6.  Where a medical emergency compels the perform-
40  ance of an abortion, the physician shall inform the woman, before
41  the abortion if possible, of the medical indications supporting the
42  physician's judgment that an abortion is necessary to avert her
43  death or to avert substantial and irreversible impairment of a major
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 1  bodily function.
 2    [New Sec. 7.  (a) Any person who intentionally, knowingly or
 3  recklessly violates this act is guilty of a class A person misdemeanor.
 4    [(b)  No physician shall be guilty of violating this act if the phy-
 5  sician can demonstrate, by a preponderance of the evidence, that
 6  the physician reasonably believed that furnishing the information
 7  would have resulted in a severely adverse effect on the physical or
 8  mental health of the pregnant woman.
 9    [New Sec. 8.  In addition to whatever remedies are available
10  under the common or statutory law of this state, failure to comply
11  with the requirements of this act shall:
12    [(a)  Create a civil cause of action:
13    [(1)  If an intentional or negligent failure of a physician to com-
14  ply with the provisions of this act is proven by a preponderance of
15  the evidence, the court shall award to the aggrieved party a civil
16  penalty in an amount of not less than $1,000 and not more than
17  $250,000.
18    [(2)  If the aggrieved party prevails in whole or in part in any
19  action under this act, the court shall award to the aggrieved party
20  reasonable attorney fees, expenses and costs, including those on ap-
21  peal.
22    [(3)  When requested, the court shall allow an aggrieved party
23  to proceed using solely initials or a pseudonym and may close any
24  proceedings in the case and enter other protective orders to preserve
25  the privacy of the aggrieved party.
26    [(b)  Provide a cause of action for recovery for the woman for
27  the death of her unborn child at the time the abortion was per-
28  formed or was born alive.
29    [New Sec. 9.  Any physician who complies with the provisions
30  of this act shall not be held civilly liable to a patient for failure to
31  obtain informed consent to the abortion.
32    [New Sec. 10.  The provisions of the act are declared to be sev-
33  erable, and if any provision, word, phrase or clause of the act or
34  the application thereof to any person shall be held invalid, such
35  invalidity shall not affect the validity of the remaining portions of
36  this act.
37    [New Sec. 11.  (a) Nothing in this act shall be construed as cre-
38  ating or recognizing a right to abortion.
39    [(b)  It is not the intention of this act to make lawful an abortion
40  that is currently unlawful.
41    [Sec. 12.  K.S.A. 1996 Supp. 65-2836 is hereby amended to read
42  as follows: 65-2836. A licensee's license may be revoked, suspended
43  or limited, or the licensee may be publicly or privately censured,
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 1  or an application for a license or for reinstatement of a license may
 2  be denied upon a finding of the existence of any of the following
 3  grounds:
 4    [(a)  The licensee has committed fraud or misrepresentation in
 5  applying for or securing an original, renewal or reinstated license.
 6    [(b)  The licensee has committed an act of unprofessional or dis-
 7  honorable conduct or professional incompetency.
 8    [(c)  The licensee has been convicted of a felony or class A mis-
 9  demeanor, whether or not related to the practice of the healing arts.
10    [(d)  The licensee has used fraudulent or false advertisements.
11    [(e)  The licensee is addicted to or has distributed intoxicating
12  liquors or drugs for any other than lawful purposes.
13    [(f)  The licensee has willfully or repeatedly violated this act,
14  the pharmacy act of the state of Kansas or the uniform controlled
15  substances act, or any rules and regulations adopted pursuant
16  thereto, or any rules and regulations of the secretary of health and
17  environment which are relevant to the practice of the healing arts.
18    [(g)  The licensee has unlawfully invaded the field of practice of
19  any branch of the healing arts in which the licensee is not licensed
20  to practice.
21    [(h)  The licensee has engaged in the practice of the healing arts
22  under a false or assumed name, or the impersonation of another
23  practitioner. The provisions of this subsection relating to an as-
24  sumed name shall not apply to licensees practicing under a profes-
25  sional corporation or other legal entity duly authorized to provide
26  such professional services in the state of Kansas.
27    [(i)  The licensee has the inability to practice the branch of the
28  healing arts for which the licensee is licensed with reasonable skill
29  and safety to patients by reason of illness, alcoholism, excessive use
30  of drugs, controlled substances, chemical or any other type of ma-
31  terial or as a result of any mental or physical condition. In deter-
32  mining whether or not such inability exists, the board, upon rea-
33  sonable suspicion of such inability, shall have authority to compel
34  a licensee to submit to mental or physical examination or drug
35  screen, or any combination thereof, by such persons as the board
36  may designate. To determine whether reasonable suspicion of such
37  inability exists, the investigative information shall be presented to
38  the board as a whole, to a review committee of professional peers
39  of the licensee established pursuant to K.S.A. 65-2840c and amend-
40  ments thereto or to a committee consisting of the officers of the
41  board elected pursuant to K.S.A. 65-2818 and amendments thereto
42  and the executive director appointed pursuant to K.S.A. 65-2878
43  and amendments thereto, and the determination shall be made by
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 1  a majority vote of the entity which reviewed the investigative in-
 2  formation. Information submitted to the board as a whole or a re-
 3  view committee of peers or a committee of the officers and executive
 4  director of the board and all reports, findings and other records
 5  shall be confidential and not subject to discovery by or release to
 6  any person or entity. The licensee shall submit to the board a release
 7  of information authorizing the board to obtain a report of such ex-
 8  amination or drug screen, or both. A person affected by this sub-
 9  section shall be offered, at reasonable intervals, an opportunity to
10  demonstrate that such person can resume the competent practice of
11  the healing arts with reasonable skill and safety to patients. For the
12  purpose of this subsection, every person licensed to practice the
13  healing arts and who shall accept the privilege to practice the heal-
14  ing arts in this state by so practicing or by the making and filing of
15  an annual renewal to practice the healing arts in this state shall be
16  deemed to have consented to submit to a mental or physical exam-
17  ination or a drug screen, or any combination thereof, when directed
18  in writing by the board and further to have waived all objections
19  to the admissibility of the testimony, drug screen or examination
20  report of the person conducting such examination or drug screen,
21  or both, at any proceeding or hearing before the board on the
22  ground that such testimony or examination or drug screen report
23  constitutes a privileged communication. In any proceeding by the
24  board pursuant to the provisions of this subsection, the record of
25  such board proceedings involving the mental and physical exami-
26  nation or drug screen, or any combination thereof, shall not be used
27  in any other administrative or judicial proceeding.
28    [(j)  The licensee has had a license to practice the healing arts
29  revoked, suspended or limited, has been censured or has had other
30  disciplinary action taken, or an application for a license denied, by
31  the proper licensing authority of another state, territory, District
32  of Columbia, or other country, a certified copy of the record of the
33  action of the other jurisdiction being conclusive evidence thereof.
34    [(k)  The licensee has violated any lawful rule and regulation
35  promulgated by the board or violated any lawful order or directive
36  of the board previously entered by the board.
37    [(l)  The licensee has failed to report or reveal the knowledge
38  required to be reported or revealed under K.S.A. 65-28,122 and
39  amendments thereto.
40    [(m)  The licensee, if licensed to practice medicine and surgery,
41  has failed to inform a patient suffering from any form of abnor-
42  mality of the breast tissue for which surgery is a recommended form
43  of treatment, of alternative methods of treatment specified in the
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 1  standardized summary supplied by the board. The standardized
 2  summary shall be given to each patient specified herein as soon as
 3  practicable and medically indicated following diagnosis, and this
 4  shall constitute compliance with the requirements of this subsec-
 5  tion. The board shall develop and distribute to persons licensed to
 6  practice medicine and surgery a standardized summary of the al-
 7  ternative methods of treatment known to the board at the time of
 8  distribution of the standardized summary, including surgical, ra-
 9  diological or chemotherapeutic treatments or combinations of treat-
10  ments and the risks associated with each of these methods. Nothing
11  in this subsection shall be construed or operate to empower or au-
12  thorize the board to restrict in any manner the right of a person
13  licensed to practice medicine and surgery to recommend a method
14  of treatment or to restrict in any manner a patient's right to select
15  a method of treatment. The standardized summary shall not be con-
16  strued as a recommendation by the board of any method of treat-
17  ment. The preceding sentence or words having the same meaning
18  shall be printed as a part of the standardized summary. The pro-
19  visions of this subsection shall not be effective until the standard-
20  ized written summary provided for in this subsection is developed
21  and printed and made available by the board to persons licensed
22  by the board to practice medicine and surgery.
23    [(n)  The licensee has cheated on or attempted to subvert the
24  validity of the examination for a license.
25    [(o)  The licensee has been found to be mentally ill, disabled, not
26  guilty by reason of insanity, not guilty because the licensee suffers
27  from a mental disease or defect or incompetent to stand trial by a
28  court of competent jurisdiction.
29    [(p)  The licensee has prescribed, sold, administered, distributed
30  or given a controlled substance to any person for other than medi-
31  cally accepted or lawful purposes.
32    [(q)  The licensee has violated a federal law or regulation relat-
33  ing to controlled substances.
34    [(r)  The licensee has failed to furnish the board, or its investi-
35  gators or representatives, any information legally requested by the
36  board.
37    [(s)  Sanctions or disciplinary actions have been taken against
38  the licensee by a peer review committee, health care facility, a gov-
39  ernmental agency or department or a professional association or
40  society for acts or conduct similar to acts or conduct which would
41  constitute grounds for disciplinary action under this section.
42    [(t)  The licensee has failed to report to the board any adverse
43  action taken against the licensee by another state or licensing ju-
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 1  risdiction, a peer review body, a health care facility, a professional
 2  association or society, a governmental agency, by a law enforce-
 3  ment agency or a court for acts or conduct similar to acts or conduct
 4  which would constitute grounds for disciplinary action under this
 5  section.
 6    [(u)  The licensee has surrendered a license or authorization to
 7  practice the healing arts in another state or jurisdiction, has sur-
 8  rendered the authority to utilize controlled substances issued by
 9  any state or federal agency, has agreed to a limitation to or restric-
10  tion of privileges at any medical care facility or has surrendered
11  the licensee's membership on any professional staff or in any pro-
12  fessional association or society while under investigation for acts or
13  conduct similar to acts or conduct which would constitute grounds
14  for disciplinary action under this section.
15    [(v)  The licensee has failed to report to the board surrender of
16  the licensee's license or authorization to practice the healing arts
17  in another state or jurisdiction or surrender of the licensee's mem-
18  bership on any professional staff or in any professional association
19  or society while under investigation for acts or conduct similar to
20  acts or conduct which would constitute grounds for disciplinary
21  action under this section.
22    [(w)  The licensee has an adverse judgment, award or settlement
23  against the licensee resulting from a medical liability claim related
24  to acts or conduct similar to acts or conduct which would constitute
25  grounds for disciplinary action under this section.
26    [(x)  The licensee has failed to report to the board any adverse
27  judgment, settlement or award against the licensee resulting from
28  a medical malpractice liability claim related to acts or conduct sim-
29  ilar to acts or conduct which would constitute grounds for discipli-
30  nary action under this section.
31    [(y)  The licensee has failed to maintain a policy of professional
32  liability insurance as required by K.S.A. 40-3402 or 40-3403a and
33  amendments thereto.
34    [(z)  The licensee has failed to pay the annual premium sur-
35  charge as required by K.S.A. 40-3404 and amendments thereto.
36    [(aa)  The licensee has knowingly submitted any misleading, de-
37  ceptive, untrue or fraudulent representation on a claim form, bill
38  or statement.
39    [(bb)  The licensee as the responsible physician for a physician's
40  assistant has failed to adequately direct and supervise the physi-
41  cian's assistant in accordance with K.S.A. 65-2896 to 65-2897a, in-
42  clusive, and amendments thereto, or rules and regulations adopted
43  under such statutes.
S Sub. for HB 2269--Am. by SCW

 1    [(cc)  The licensee has failed to comply with the woman's right-to-
 2  know act.
 3    [Sec. 13.  K.S.A. 65-6701 and 65-6706 and K.S.A. 1996 Supp.
 4  65-2836 are hereby repealed.]
 5    Sec. 3 [14].  This act shall take effect and be in force from and after
 6  its publication in the statute book.