Session of 2000
By Committee on Health and Human Services

10             AN  ACT concerning medical care facility professional staff; amending
11             K.S.A. 65-431 and repealing the existing section.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 65-431 is hereby amended to read as follows: 65-
15       431. (a) The licensing agency shall adopt, amend, promulgate and enforce
16       such rules and regulations and standards with respect to the different
17       types of medical care facilities to be licensed hereunder as may be de-
18       signed to further the accomplishment of the purposes of this law in pro-
19       moting safe and adequate treatment of individuals in medical care facil-
20       ities in the interest of public health, safety and welfare.
21             (b)  (1) No rule or regulation shall be made by the licensing agency
22       which would discriminate against any practitioner of the healing arts who
23       is licensed to practice medicine and surgery in this state. Boards of trus-
24       tees or directors of facilities licensed pursuant to the provisions of this
25       act shall have the right, in accordance with law, to select the professional
26       staff members of such facilities and to select and employ interns, nurses
27       and other personnel, and no rules and regulations or standards of the
28       licensing agency shall be valid which, if enforced, would interfere in such
29       selection or employment. In the selection of professional staff members,
30       no hospital licensed under K.S.A. 65-425 et seq. shall discriminate against
31       any practitioner of the healing arts who is licensed to practice medicine
32       and surgery in this state for reasons based solely upon the practitioner's
33       branch of the healing arts or the school or health care facility in which
34       the practitioner received medical schooling or postgraduate training.
35             (2) A person who applies for professional staff membership at the time
36       of application shall inform the facility or hospital if the applicant:
37             (A) Has had a license, registration, certification or other authoriza-
38       tion to practice the applicant's profession revoked, suspended or limited;
39             (B) has been censured, or has had other disciplinary action taken, or
40       an application for a license, registration, certification or other authori-
41       zation to practice the applicant's profession denied by any jurisdiction;
42             (C) has had an adverse action taken against the applicant by a peer
43       review body, a health care facility, a professional association or society,


  1       a governmental agency, by a law enforcement agency or a court for acts
  2       or conduct similar to acts or conduct which would constitute grounds for
  3       disciplinary action against the applicant in this state;
  4             (D) has surrendered an authorization to practice in another state or
  5       jurisdiction, has surrendered the authority to utilize controlled substances
  6       issued by any state or federal agency, has agreed to a limitation to or
  7       restriction of privileges at any medical care facility or has surrendered
  8       the applicant's membership on any professional staff or in any profes-
  9       sional association or society while under investigation for acts or conduct
10       similar to acts or conduct which would constitute grounds for disciplinary
11       action against the applicant in this state;
12             (E) has had an adverse judgment, award or settlement against the
13       applicant resulting from a malpractice claim related to acts or conduct
14       similar to acts or conduct which would constitute grounds for disciplinary
15       action against the applicant in this state; and
16             (F) has been convicted of any crime.The failure of an applicant for
17       professional staff membership to disclose, if applicable, any of the matters
18       specified in this subsection shall constitute grounds for revocation, sus-
19       pension or other disciplinary action against the applicant's authorization
20       to practice the applicant's profession in this state. The information re-
21       quired to be disclosed by the applicant under this subsection shall not be
22       a public record, unless such information is relevant in a disciplinary action
23       against the applicant.
24             (c) In formulating rules and regulations, the agency shall give due
25       consideration to the size of the medical care facility, the type of service
26       it is intended to render, the scope of such service and the financial re-
27       sources in and the needs of the community which such facility serves.
28             (d) A hospital consisting of more than one establishment shall be
29       considered in compliance with the rules and regulations of the licensing
30       agency if all basic services required by the agency are available as a part
31       of the combined operation and if the following basic services are available
32       at each establishment: Continuous nursing service, continuous physician
33       coverage on duty or on call, basic diagnostic radiological and laboratory
34       facilities, drug room, emergency services, food service, and patient
35       isolation. 
36       Sec.  2. K.S.A. 65-431 is hereby repealed.
37        Sec.  3. This act shall take effect and be in force from and after its
38       publication in the statute book.