Session of 2000
HOUSE BILL No. 2981
By Committee on Health and Human Services
2-10
10 AN ACT
concerning medical care facility professional staff; amending
11 K.S.A. 65-431 and
repealing the existing section.
12
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,
2
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.