Kansas Supreme Court strikes down key tort law
On June 14, 2019, the Kansas Supreme Court issued a ruling (Hilburn v. Enerpipe, LTD); the Court ruled that the state laws limiting non-economic damages (i.e. damages for pain and suffering) in civil cases are unconstitutional. At this time, it is unclear whether this ruling impacts the caps on non-economic damages in medical malpractice actions.
Kansas has enjoyed a stable medical malpractice environment for many years. The Legislature, in partnership with the health care community, intentionally crafted a sensible approach to balancing the needs of patients and their families as well as ensuring that patients across the state continued to have access to competent health care. The cap on non-economic damages is a key component of that tort reform package and it was upheld by the Supreme Court in 2012.
The Court did not speak with specificity regarding the Hilburn ruling’s impact on medical malpractice liability. Though the Court’s own public information officer distributed a statement indicating the malpractice caps are unaffected, questions remain about how the Court’s intention to limit the ruling to personal injury will be applied or upheld. Understanding the ruling and its impact will require continued study.
The Kansas Medical Society–in collaboration with our partners at KAMMCO and the Kansas Hospital Association—are actively reviewing the decision and working to determine its potential ramifications. We will continue to keep the physicians of Kansas informed as the situation progresses. In the meantime, if you have questions, please contact the KMS office at 800.332.0156.
KMS Update: Advocacy Day, KMS board election, 2023 legislative session
— Last updated Dec. 28, 2022
One month away: Register today for Advocacy Day 2023
KMS is partnering with many physician specialty societies to bring a united voice to the state capitol on issues facing medicine in Kansas. Advocacy Day events will include updates from legislative leadership, physician leaders, and other experts on health care issues. The morning’s activities will culminate into a convening of attendees from the KMS Advocacy Day event — along with members of the Kansas Academy of Family Physicians and the Kansas Association of Osteopathic Medicine — for a Physician Day at the Capitol lunch with legislators. Register today to attend and learn how you can get involved!
KMS Update: Guidance for new APRN law, physician suicide awareness, funding opportunity for Kansas clinics, and other updates
— Published Sept. 17, 2022
Guidance for new APRN law
The Kansas State Board of Nursing this week approved the permanent regulations that will soon govern independently practicing Advanced Practice Registered Nurses (APRNs). These regulations will become effective upon publication in the Kansas Register, which should occur within the next 30 days. The permanent regulations are identical to the temporary regulations currently in effect.
KMS Update: APRN briefing, reminder for KMS Board nominations, and other updates
Briefing on APRN bill status
Join KHA on Tuesday, August 30 at noon for an update on Senate Substitute for House Bill 2279, an amended law that allows advanced practice registered nurses to prescribe drugs without a supervising physician.
Catherine Walberg with Goodell, Stratton, Edmonds and Palmer, LLP will provide a brief overview of the legislation and the interim regulations, the views shared regarding the proposed regulations, and the impact of the request for an Attorney General’s opinion on the bill on implementation of the legislation.
KMS Update: Proposed APRN regulations advance to next phase
From KMS Executive Director Rachelle Colombo:
Although the legislature has long since adjourned, the implementation of newly passed laws can be a long and often confusing process. This is certainly the case with HB 2279, regarding APRN practice, which took effect on July 1 under temporary regulations promulgated by the Kansas State Board of Nursing.
Be sure you are registered to vote by July 12
July 12 is the last day to register to vote or make changes to your voter information for the August 2 primary election. You can view your registration status here: https://myvoteinfo.voteks.org/VoterView If you're not registered yet, you may do so here: https://www.kdor.ks.gov/apps/voterreg/
KMS Update: APRN temporary regulations issued
From KMS Executive Director Rachelle Colombo:
As we explained in our last newsletter, the implementation process of the recently enacted legislation, HB 2279, regarding APRN practice is likely to be somewhat confusing for all, especially physicians who work with and/or employ APRNs, as well as hospitals, nursing, and other health care facilities and the APRNs themselves. Because the Kansas State Board of Nursing (KSBN) must promulgate regulations to implement the changes contained in the legislation, it requires a complicated, multi-step administrative process that involves several state agencies and review committees. Following is a status report on where things stand as of today, July 1.
KMS Update: FAQ on the new APRN statutory changes and other updates
From KMS Executive Director Rachelle Colombo:
With the passage of House Bill 2279 by the 2022 Kansas Legislature there is a lot of confusion regarding this new law, and how it affects the practice of Advanced Practice Registered Nurses (APRNs).
We’ve heard from many of you with specific questions about the implications of the new law. To help bring some clarity to what the law says and what it may mean for your practice, we’ve created an FAQ at www.kmsonline.org/APRN to address such questions as best as we can know at this point.
KMS Legislative Update: Legislature adjourns until May 23
From KMS Executive Director Rachelle Colombo:
Lawmakers returned to the Statehouse last week for their wrap-up session. They then adjourned early Friday morning until May 23, at which time they will come back to complete work on a congressional district map.
KMS Legislative Update: Board of Healing Arts responds to physician legislator’s letter
From KMS Executive Director Rachelle Colombo:
As you may have read in the media, a state legislator who is also a physician sent a letter to other health care providers regarding COVID-19 treatment. Local media reports this week indicate Senator Mark Steffen, MD — a Hutchinson anesthesiologist — sent a letter on official Senate stationery to numerous Kansas health care providers telling them that the standard of care for treatment of COVID-19 patients had changed and that they will be shielded from “interference” by the Kansas State Board of Healing Arts (KSBOHA). He also suggests that a physician’s “failure to treat” according to the new standard will be considered “wanton disregard.”
