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Minutes for SB440 - Committee on Public Health and Welfare

Short Title

Establishing when an occupational therapist may treat a patient without referral from a physician and requiring occupational therapists to maintain professional liability insurance.

Minutes Content for Thu, Feb 17, 2022

Chairperson Hilderbrand opened the hearing on SB440.

Jenna Moyer, Staff Revisor gave an overview of the bill.

Travis Grauerholz gave proponent testimony on SB440. He stated in his testimony that SB440 gives occupational therapists the limited ability to treat patients without a referral of a licensed physician. This change would save time, allowing quicker access for patients to begin receiving treatment from one of Kansas' highly skilled and certified therapists. SB440 Does not eliminate the referral process completely. It would also add in language that would require occupational therapists to maintain professional liability insurance Coverage. The bill would also add language that occupational therapists are authorized to perform would care management services only after approval by a person licensed to practice medicine and surgery or other licensed health care practitioner in appropriately related cases.  (Attachment 10)

Travis Grauerholz and Brian Mills, President of Kansas Occupational Therapy Association, who was in attendance at the meeting, answered questions from committee members.

Courtney Cyzman, on behalf of Susan Gile, Acting Executive Director of the Kansas State Board of Healing Arts gave neutral testimony on SB440. The Kansas State Board of Healing Arts has concerns with SB440 as follows:

  • clarification as to what happens when the patient is progressing versus not progressing
  • the Board requests that anytime a patient returns to OT following initial treatment, for the same condition or injury, a referral be required.
  • define "Wound Care Management"
  • Include primary care provider notification requirement (Attachment 11)

Rachelle Colombo, in her neutral testimony, stated that KMS appreciates the careful construction of SB440 to allow patients to have direct access to occupational therapy in appropriately limited circumstances that do not disrupt continuity of physician-directed medical care. (Attachment 12)

They took questions from committee members.

Chairperson Hilderbrand closed the hearing on SB440.

Chairperson Hilderbrand announced the agenda for Friday, February 18, 2022 and Monday, February 21, 2022 and also reminded the committee of the March 2, 2022 confirmation hearing of Janet Stanek, Secretary for Kansas Department of Health & Environment.

Chairperson Hilderbrand adjourned the meeting at 9:25 a.m. The next scheduled meeting will be February 18, 2022.