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Session of 2026
HOUSE BILL No. 2742
By Committee on Child Welfare and Foster Care
Requested by Representative Xu on behalf of Sarah Goble
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AN ACT concerning health and healthcare; relating to reports by
healthcare providers; enacting the family rights in medical
investigations act; providing for requirements for the reporting of
suspicions of abuse or neglect of a child by medical professionals;
permitting parents to request a second opinion after a CARE exam.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Sections 1 through 6, and amendments thereto, shall
be known and may be cited as the family rights in medical investigations
act.
(b) As used in this act:
(1) "Child abuse specialist" means any medical professional who
holds themselves out as, is employed as or functions as a child abuse
review and evaluation provider as defined in K.S.A. 38-2202(h), and
amendments thereto, or a forensic medical consultant for the department,
law enforcement or a governmental entity.
(2) "Department" means the Kansas department for children and
families.
(3) "Hospital" means a hospital or medical facility where a medical
opinion alleging abuse or neglect originates.
(4) "Medical professional" means a physician, surgeon, physician
assistant, nurse, advanced practice registered nurse, medical technician or
any other licensed healthcare provider involved in the evaluation or
treatment of a child.
(5) "Parent" means the same as defined in K.S.A. 38-2202(aa), and
amendments thereto.
(6) "Report" means an alleged report of child abuse or neglect
pursuant to K.S.A. 38-2223, and amendments thereto.
Sec. 2. (a) Prior to issuing a medical opinion asserting that a child's
injuries or condition are consistent with abuse or neglect, the medical
professional issuing such medical opinion shall document reasonable
consideration of alternative medical explanations relevant to the child's
presentation, as medically appropriate.
(b) Failure to document such consideration shall not invalidate a
report made in good faith pursuant to K.S.A. 38-2223, and amendments
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thereto.
(c) Repeated failure to document reasonable consideration of
differential diagnoses may be referred to the appropriate professional
licensing board for review, training recommendation or corrective action
consistent with existing professional standards.
Sec. 3. (a) When a child is under inpatient or outpatient care at a
medical facility and a report of child abuse or neglect is made, any medical
professional who is reasonably likely to provide information or an opinion
to the department or law enforcement agency concerning suspected, or, not
yet reported to the department, abuse or neglect shall provide notice to the
parent of such child prior to conducting any nonemergency examination or
interview related to the suspected abuse or neglect.
(1) The medical professional shall explain to the parent of the child
the medical professional's role in providing information and opinion to the
department or law enforcment regarding whether and to what extent a
child's injury or condition is suspected abuse or neglect.
(2) The medical professional shall explain that such professional may
be required to communicate with the department and law enforcement and
provide court testimony.
(3) The medical professional shall also provide the child's parent with
accurate information about the medical specialties of such medical
professional, including identifying such medical professional as a child
abuse review and evaluation provider as defined in K.S.A. 38-2202(h), and
amendments thereto, or as a member of a child abuse review and
evaluation network as defined in K.S.A.38-2202(g), and amendments
thereto.
(4) Pursuant to paragraphs 1 through 3, the medical professional
involved shall afford the parent informed consent as to whether such
parent wishes to participate in any conversation with such medical
professional.
(5) If a medical professional makes a report of child abuse or neglect,
the professional shall inform the parent of such parent's right to legal
representation at the time that the report is made and certify to the
department to be included in the child's record that such professional
reviewed all of the patient's previous healthcare records before the report
was made.
(6) In any investigation that involves a medical professional
providing a medical opinion to the department, such department shall
inform the parent of the child who is the subject of the investigation of the
following:
(A) The names and specialties of all medical professionals who have
provided medical opinions regarding whether the child has suffered
injuries consistent with abuse or neglect, including the names and
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specialties of all other medical professionals who were consulted by the
medical provider prior to rendering an opinion;
(B) the right to request and immediately receive a copy of the medical
professional's opinion that has been or will be provided to the department,
including the basis for such opinion, the names, credentials and specialties
of all other medical professionals consulted in rendering such opinion and
a copy of any written report that the medical professional has or will
provide to the department;
(C) the right to obtain and submit to the department an independent
second medical opinion from a medical professional outside of the original
hospital to be included in the child's investigative records held by the
department. The medical professional providing a second opinion shall
submit charges pursuant to K.S.A. 38-2226a, and amendments thereto. The
department of health and environment shall afterward recoup the costs of
such second opinion from the original medical provider. If the department
of health and environment does not reimburse such costs within 30 days,
the parent shall be informed of alternative state or private funding sources;
(D) that any second medical opinion submitted to the department
prior to the department's making a determination on whether the report is
substantiated or unsubstantiated shall be considered evidence in the
department's determination; and
(E) the department's procedure and timeline for the investigative
process in the event that the department has forwarded the case on to the
county or district attorney to initiate a child in need of care proceeding
under the revised Kansas code for care of children.
Sec. 4. (a) If a case is referred for a CARE review or exam, the
CARE provider providing such review or exam shall not be the same
individual who initiated the report or provided the original medical
opinion.
(b) In any CARE exam process, the department shall inform the
parent, within 10 business days of receipt of the medical opinion, of the
following:
(1) The names, credentials and medical specialties of all medical
professionals who provided or substantially contributed to the opinion;
(2) that the parent has the right to obtain and receive a copy of the
medical opinion and any written report provided to the department,
including the specified basis for such opinion; and
(3) that the parent has the right to obtain an independent second
medical opinion from a qualified medical professional who is not
associated with the original hospital.
(c) All independent second opinion reports submitted to the
department on behalf of a parent prior to the conclusion of the
investigation shall be considered as evidence in the department's
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determination.
(d) Nothing in this section shall be construed to:
(1) Prohibit the department from interviewing a medical professional
who made a report as a factual witness;
(2) restrict the department's authority to investigate allegations of
abuse or neglect as otherwise provided by law; or
(3) prohibit any medical professional from making a report as
required pursuant to K.S.A. 38-2223, and amendments thereto.
Sec. 5. (a) A parent or guardian may obtain an independent second
medical opinion from a medical professional who:
(1) Is licensed in the relevant specialty; and
(2) has no current affiliation with the hospital or child abuse team
involved in the original opinion.
(b) The medical professional providing a second opinion shall submit
charges pursuant to K.S.A. 38-2226a, and amendments thereto. The
department of health and environment shall afterward recoup the costs of
such second opinion from the original medical provider. If the department
of health and environment does not reimburse such costs within 30 days,
the parent shall be informed of alternative state or private funding sources.
(c) The department shall provide written information to the parent
explaining how to submit an independent medical opinion for
consideration and the applicable timeline for such investigation.
Sec. 6. (a) Nothing in this act shall be construed to:
(1) Eliminate mandatory reporting requirements under Kansas law;
(2) remove immunity for good faith reporters of suspected child
abuse or neglect if such reporters have considered differential diagnoses
before making a report; and
(3) delay emergency medical care that is necessary to protect a child's
health or safety.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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