Brief(1)
S.B. 205 would amend the Kansas Healing Arts Act to allow the board to grant a license, renewal, or reinstatement to any person convicted of a felony only if the board determines by a two-thirds vote, based upon clear and convincing evidence, that such person will not pose a threat to the public and that the person has been sufficiently rehabilitated.
The House Committee amended the bill to clarify the two-thirds vote, and to add the failure to report child abuse as required under the Code for Care of Children as a reason for which the Board may revoke, suspend, limit, or deny licenses or publicly or privately censure a licensee. Further, the bill was amended to require disclosure of expunged criminal records by any applicant or licensee of the Board of Healing Arts.
Background
The bill was requested by the Kansas Medical Society. A representative of the Kansas State Board of Nursing and the Kansas Association of Osteopathic Medicine also testified regarding this legislation. A representative of the osteopaths suggested the amendment requiring the person to show clear and convincing evidence. Also testifying was Representative Welshimer who suggested an amendment dealing with naturopathic medicine and licensing. A representative of the Kansas Board of Healing Arts opposed the bill as introduced testifying that it was too restrictive since the Board would have been prohibited from granting a license or renewal to persons convicted of certain felonies.
A fiscal note indicates that the Board of Healing Arts estimates that this legislation as introduced would increase the number of administrative hearings as a result of license denial. The Board estimated ten additional hearings at a cost of $20,000 for FY 2000.
The expungement amendment by the House Committee was requested by the Kansas Board of Healing Arts. The child abuse reporting amendment was suggested by Representative Carmody.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.