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Minutes for HB2793 - Committee on Health and Human Services

Short Title

Prohibiting healthcare providers from performing healthcare services on minors without parental consent.

Minutes Content for Thu, Feb 15, 2024

Carol Moreland, Executive Director, Kansas State Board of Nursing (KSBN), provided testimony in opposition to HB2793 (Attachment 16). HB2793 directs the healthcare providers appropriate licensing agency, in our case KSBN, to discipline a healthcare provider who performs a healthcare service on a minor without consent of the minor's parent. At issue, who determines what constitutes a service. Does it include everything in their scope of practice.

Ms. Moreland responded to questions from the committee.

Dr. Dena Hubbard, Public Policy Chair, Kansas Chapter, American Academy of Pediatrics, provided testimony in opposition to HB2793 (Attachment 17). HB2793 threatens the safety, health, and well being of all children by limiting timely access to emergency, acute and preventive services. Seeking parental consent for care is our default. However, there are unique situations when obtaining parental consent could be problematic, potentially harmful and even deadly. An example was provided. The bill might prevent early intervention in cases of drug abuse, STDs or reproductive health.

Randy Callstrom, President and CEO, Wyandot Behavioral Healthcare, provided testimony in opposition to HB2793 (Attachment 18). Without the ability to provide and initial risk assessment and crisis intervention, mental health providers would face a conundrum of ethically responding to a youth in front of them and assuring their safety or violating the law which would be ground for disciplinary action. If a child were to leave and harm themselves, the mental health provider could be guilty of negligence and still be subject to disciplinary action and even legal action.

Amy Campbell on behalf of the Kansas Mental Health Coalition, provided testimony in opposition to HB2793 (Attachment 19). Behavioral health professionals must be prepared to screen and perhaps counsel minors in emergency or crisis situations where a parent is not immediately available to provide consent. We do not want medical or behavioral health professionals to fail to support minors in these moments due to doubts about how this state law could impact their license.

Written only testimony in opposition to the bill:

Charles Hunt, Director, Johnson County Department of Health and Environment (Attachment 20)

Kimberly Martin on behalf of the Board of the Kansas School Nurses Association (Attachment 21)

Melissa Stiehler, Advocacy Director. Loud Light Civic Action (Attachment 22)

Shannon Kimball, Government Relations Specialist, Kansas Association of School Boards (Attachment 23)

Tarah Remington-Brown, CEO, Kansas Association of Family Physicians (Attachment 24)

Taryn Jones, Lobbyist, Equality Kansas (Attachment 25)

The hearing on HB2793 was closed.

The meeting was adjourned at 3:07 PM.