|
ABMP Legislative Report
Kansas 2/26/08 7/20/05 5/18/01 2/12/01 2/26/08: Senate Bill 572, sponsored by Senator David Wysong, was introduced in the Kansas State Legislature. The bill was assigned to the Public Health and Welfare Committee in the Senate for an initial hearing but it will not be heard because of scheduling conflicts. The bill is considered dead for the 2008 session. HB 572 would have established the Massage Therapy Practice Act and created the Kansas Massage Therapy Board to implement licensing for massage therapists. ABMP will inform members of legislative efforts that may be attempted in the future. 7/20/05: Statewide Regulation of Massage Therapy for Kansas The two largest massage therapy organizations in Kansas have surveyed their members regarding statewide regulation of massage therapy and found that the majority of their members favor statewide regulation of massage therapy. Both, Associated Bodywork and Massage Professionals (ABMP) (480 members in Kansas), and American Massage Therapy Association-Kansas Chapter (AMTA) (238 members) and several massage therapists that do not belong to any association have joined forces to form the Kansas Coalition of Massage Therapists. The Coalition is working together to submit an application to the Kansas Department of Health & Environment under the Health Occupations Credentialing Act. The goal is to achieve statewide regulation for massage therapy in 2006. The Coalition is hosting several informational forums around the state to raise awareness of the benefits and process involved in attaining statewide regulation for massage therapy, and to answer peoples’ questions. Some of the questions that will be addressed are the following.
5/18/01: Senate bill 122 has not seen any activity since January 25, 2001. To track the status of the bill, visit www.accesskansas.org/legislative/billtrack/index.cgi 2/12/01: Senate Bill 122 has been introduced by Health Care Reform Legislative Oversight Committee on January 24, 2001. The bill is an act providing for regulation of alternative and complementary health care providers. If passed, the office of unlicensed complementary and alternative health care practice would be created in the department of health and environment to investigate complaints and take and enforce disciplinary actions against all unlicensed complementary and alternative health care practitioners for violations of prohibited conduct, as defined in the act. The office would also serve as a clearinghouse on complementary and alternative health care practices and unlicensed complementary and alternative health care practitioners through the dissemination of objective information to consumers and through the development and performance of public education activities, including outreach, regarding the provision of complementary and alternative health care practices and unlicensed complementary and alternative health care practitioners who provide these services. All unlicensed complementary and alternative health care practitioners would be required to provide each complementary and alternative health care client a written copy of the complementary and alternative health care client bill of rights prior to providing treatment. Senate Bill 122 defines the following conduct as prohibited and would grounds for disciplinary action. (1) Conviction of a crime or an admission of guilt or a no contest plea in any court in Kansas or any other jurisdiction in the United States reasonably related to engaging in complementary and alternative health care practices. Conviction as used in this subsection includes a conviction of an offense which if committed in this state would be deemed a felony or misdemeanor without regard to its designation elsewhere or a criminal proceeding where a finding or verdict of guilty is made or returned but the adjudication of guilt is either withheld or not entered. (2) Conviction of any crime against a person. For purposes of this act, a crime against a person means a violation of article 34 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto. (3) Failure to comply with the self-reporting requirements of subsection (g) of section 4, and amendments thereto. (4) Engaging in sexual contact with a complementary and alternative health care client or former client, engaging in contact that may be reasonably interpreted by a client as sexual, engaging in any verbal behavior that is seductive or sexually demeaning to the patient or engaging in sexual exploitation of a client or former client. For purposes of this subsectio n ''former client'' means a person who has obtained services from the un-licensed complementary and alternative health care practitioner within the past two years. (5) Advertising that is false, fraudulent, deceptive or misleading. (6) Conduct likely to deceive, defraud or harm the public or which demonstrates a willful or careless disregard for the health, welfare or safety of a complementary and alternative health care client or any other practice that may create danger to any client's life, health or safety, in any of which cases, proof of actual injury need not be established. (7) Adjudication as being mentally incompetent or as a person who is dangerous to oneself or adjudication pursuant to article 29 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto, as being chemically dependent, mentally ill, mentally retarded, mentally ill and dangerous to the public, or as a sexual predator or sexually dangerous person. (8) Inability to engage in complementary and alternative health care practices with reasonable safety to complementary and alternative health care clients. (9) The habitual overindulgence in the use of or the dependence on intoxicating liquors. (10) Improper or unauthorized personal or other use of any legend drugs or controlled substance as defined in article 41 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto, or any chemicals as defined in article 41 of chapter 65 of the Kansas Statutes Annotated, and amendments thereto. (11) Revealing a communication from, or relating to, a complementary and alternative health care client except when otherwise required or permitted by law. (12) Failure to comply with a complementary and alternative health care client's request made consistent with the requirements of law or to furnish a complementary and alternative health care client record or report required by law. (13) Splitting fees or promising to pay a portion of a fee to any other professional other than for services rendered by the other professional to the complementary and alternative health care client. (14) Engaging in abusive or fraudulent billing practices including violations of the federal medicare and medicaid laws or state medical assistance laws. (15) Failure to make reports consistent with the requirements of law or cooperate with an investigation of the office. (16) Obtaining money, property or services from a complementary and alternative health care client, other than reasonable fees for services provided to the client, through the use of undue influence, harassment, duress, deception or fraud. (17) Undertaking or continuing a professional relationship with a complementary and alternative health care client in which the objectivity of the unlicensed complementary and alternative health care practitioner would be impaired. (18) Failure to provide a complementary and alternative health care client with a copy of the client bill of rights or violation of any provision of the client bill of rights. (19) Violating any order issued by the secretary. (20) Failure to comply with any provision of this act and any rules and regulations adopted under this act. (21) Failure to comply with any additional disciplinary grounds established by the secretary by rules and regulations. (22) Revocation, suspension, restriction, limitation or other disciplinary action against any health care license, certificate, registration or right to practice of the unlicensed complementary and alternative health care practitioner in this or a nother state or jurisdiction for offenses that would be subject to disciplinary action in this state or failure to report to the office that charges regarding the practitioner's license, certificate, registration or right of practice have been brought in this or another state or jurisdiction. (23) Use of the title ''doctor,'' ''Dr.,'' or ''physician'' alone or in combination with any other words, letters or insignia to describe the complementary and alternative health care practices the practitioner provides. (24) Failure to provide a complementary and alternative health care client with a recommendation that the client see a health care provider who is licensed or registered by a health related licensing board or the secretary, if there is a reasonable likelihood that the client needs to be seen by a licensed or registered health care provider. (25) An unlicensed complementary and alternative health care practitioner shall not provide a medical diagnosis or recommend discontinuance of medically prescribed treatments. (b) The fact that a complementary and alternative health care practice may be a less customary approach to health care shall not constitute the basis of a disciplinary action per se. (c) In disciplinary actions alleging a violation of paragraphs (1) through (3) or (7) of subsection (a), a copy of the judgment or proceeding under the seal of the court or of the administrative agency that entered the same is admissible into evidence without further authentication and constitutes prima facie evidence of its contents. (d)(1) If the secretary has probable cause to believe that an unlicensed complementary and alternative health care practitioner has engaged in conduct prohibited by paragraphs (7) through (10) of subsection (a), the secretary may issue an order directing the practitioner to submit to a mental or physical examination or chemical dependency evaluation. For the purpose of this subsection, every unlicensed complementary and alternative health care practitioner is deemed to have consented to submit to a mental or physical examination or chemical dependency evaluation when ordered to do so in writing by the secretary and further to have waived all objections to the admissibility of the testimony or examination reports of the health care provider performing the examination or evaluation on the grounds that the same constitute a privileged communication. Failure of an unlicensed complementary and alternative health care practitioner to submit to an examination or evaluation when ordered, unless the failure was due to circumstances beyond the practitioner's control, constitutes an admission that the unlicensed complementary alter-native health care practitioner violated paragraphs (7) through (10) of subsection (a), based on the factual specifications in the examination or evaluation order and may result in a default and final disciplinary order being entered after a contested case hearing. An unlicensed complementary and alternative health care practitioner affected under this paragraph shall at reasonable intervals be given an opportunity to demonstrate that the practitioner can resume the provision of complementary and alter-native health care practices with reasonable safety to clients. In any proceeding under this paragraph, neither the record of proceedings nor the orders entered by the secretary shall be used against an unlicensed complementary and alternative health care practitioner in any other proceeding. (2) In addition to ordering a physical or mental examination or chemical dependency evaluation, the secretary, consistent with the requirements of law, may limit access to medical or other health data, obtain medical data and health records relating to an unlicensed complementary and alternative health care practitioner without the practitioner's consent if the secretary has probable cause to believe that a practitioner has engaged in conduct prohibited by paragraphs (7) through (10) of subsection (a). The medical data may be requested from a provider consistent with the requirements of law, an insurance company or a government agency, including the department of health and environment. A provider, insurance company or government agency shall comply with any written request of the secretary under this subsection and is not liable in any action for damages for releasing the data requested by the secretary if the data are released pursuant to a written request under this subsection, unless the information is false and the person or organization giving the information knew or had reason to believe the information was false. Information obtained under this subsection is confidential. | |||||||||||