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Session of 2025
SENATE BILL No. 41
By Committee on Public Health and Welfare
1-21
AN ACT concerning health and healthcare; relating to the healthcare
provider insurance availability act; adding advanced practice registered
nurse to the definition of healthcare provider; amending K.S.A. 40-
3401 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 40-3401 is hereby amended to read as follows: 40-
3401. As used in this act:
(a) "Applicant" means any healthcare provider.
(b) "Basic coverage" means a policy of professional liability
insurance required to be maintained by each healthcare provider pursuant
to the provisions of K.S.A. 40-3402(a) or (b), and amendments thereto.
(c) "Commissioner" means the commissioner of insurance.
(d) "Fiscal year" means the year commencing on the effective date of
this act and each year, commencing on the first day of July thereafter.
(e) "Fund" means the healthcare stabilization fund established
pursuant to K.S.A. 40-3403(a), and amendments thereto.
(f) (1) "Healthcare provider" means a:
(A) Person licensed to practice any branch of the healing arts by the
state board of healing arts, a ;
(B) person who holds a temporary permit to practice any branch of
the healing arts issued by the state board of healing arts, a ;
(C) person engaged in a postgraduate training program approved by
the state board of healing arts, a ;
(D) medical care facility licensed by the state of Kansas, a ;
(E) podiatrist licensed by the state board of healing arts, a ;
(F) health maintenance organization that has been issued a certificate
of authority by the commissioner, an ;
(G) optometrist licensed by the board of examiners in optometry, a ;
(H) pharmacist licensed by the state board of pharmacy, a ;
(I) licensed professional nurse who is authorized to practice as a
registered nurse anesthetist, a ;
(J) licensed professional nurse who has been granted a temporary
authorization to practice nurse anesthesia under K.S.A. 65-1153, and
amendments thereto, a ;
(K) professional corporation organized pursuant to the professional
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corporation law of Kansas by persons who are authorized by such law to
form such a corporation and who are healthcare providers as defined by
this subsection, a ;
(L) Kansas limited liability company organized for the purpose of
rendering professional services by its members who are healthcare
providers as defined by this subsection and who are legally authorized to
render the professional services for which the limited liability company is
organized, a ;
(M) partnership of persons who are healthcare providers under this
subsection, a ;
(N) Kansas not-for-profit nonprofit corporation organized for the
purpose of rendering professional services by persons who are healthcare
providers as defined by this subsection, a ;
(O) nonprofit corporation organized to administer the graduate
medical education programs of community hospitals or medical care
facilities affiliated with the university of Kansas school of medicine, a ;
(P) dentist certified by the state board of healing arts to administer
anesthetics under K.S.A. 65-2899, and amendments thereto, a ;
(Q) psychiatric hospital licensed prior to January 1, 1988, and
continuously thereafter under K.S.A. 2015 Supp. 75-3307b, prior to its
repeal, and K.S.A. 39-2001 et seq., and amendments thereto, or a mental
health center or mental health clinic licensed by the state of Kansas . On
and after January 1, 2015, "healthcare provider" also means a ;
(R) physician assistant licensed by the state board of healing arts, a ;
(S) licensed advanced practice registered nurse who is authorized by
the board of nursing to practice as an advanced practice registered nurse in
the classification of a nurse-midwife, a ;
(T) licensed advanced practice registered nurse who has been granted
a temporary authorization by the board of nursing to practice as an
advanced practice registered nurse in the classification of a nurse-midwife ,
a ;
(U) advanced practice registered nurse who has been issued a license
pursuant to K.S.A 65-1131, and amendments thereto, and who has
authority to prescribe drugs under K.S.A. 65-1130, and amendments
thereto;
(V) nursing facility licensed by the state of Kansas, an ;
(W) assisted living facility licensed by the state of Kansas; or
(X) a residential healthcare facility licensed by the state of Kansas.
(2) "Healthcare provider" does not include:
(1)(A) Any state institution for people with intellectual disability;
(2)(B) any state psychiatric hospital;
(3) (C) any person holding an exempt license issued by the state
board of healing arts or the board of nursing;
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(4)(D) any person holding a visiting clinical professor license from
the state board of healing arts;
(5) (E) any person holding an inactive license issued by the state
board of healing arts;
(6)(F) any person holding a federally active license issued by the
state board of healing arts;
(7) (G) an advanced practice registered nurse who is authorized by
the board of nursing to practice as an advanced practice registered nurse in
the classification of nurse-midwife or nurse anesthetist and who practices
solely in the course of employment or active duty in the United States
government or any of its departments, bureaus or agencies or who
provides professional services as a charitable healthcare provider as
defined under K.S.A. 75-6102, and amendments thereto; or
(8)(H) a physician assistant licensed by the state board of healing arts
who practices solely in the course of employment or active duty in the
United States government or any of its departments, bureaus or agencies or
who provides professional services as a charitable healthcare provider as
defined under K.S.A. 75-6102, and amendments thereto.
(g) "Inactive healthcare provider" means a person or other entity who
purchased basic coverage or qualified as a self-insurer on or subsequent to
the effective date of this act but who, at the time a claim is made for
personal injury or death arising out of the rendering of or the failure to
render professional services by such healthcare provider, does not have
basic coverage or self-insurance in effect solely because such person is no
longer engaged in rendering professional service as a healthcare provider.
(h) "Insurer" means any corporation, association, reciprocal
exchange, inter-insurer and any other legal entity authorized to write
bodily injury or property damage liability insurance in this state, including
workers compensation and automobile liability insurance, pursuant to the
provisions of the acts contained in article 9, 11, 12 or 16 of chapter 40 of
the Kansas Statutes Annotated, and amendments thereto.
(i) "Plan" means the operating and administrative rules and
procedures developed by insurers and rating organizations or the
commissioner to make professional liability insurance available to
healthcare providers.
(j) "Professional liability insurance" means insurance providing
coverage for legal liability arising out of the performance of professional
services rendered or that should have been rendered by a healthcare
provider.
(k) "Rating organization" means a corporation, an unincorporated
association, a partnership or an individual licensed pursuant to K.S.A. 40-
956, and amendments thereto, to make rates for professional liability
insurance.
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(l) "Self-insurer" means a healthcare provider who qualifies as a self-
insurer pursuant to K.S.A. 40-3414, and amendments thereto.
(m) "Medical care facility" means the same , when used in the
healthcare provider insurance availability act, the same as defined in
K.S.A. 65-425, and amendments thereto, except that as used in the
healthcare provider insurance availability act , such term, as it relates to
insurance coverage under the healthcare provider insurance availability
act, also includes any director, trustee, officer or administrator of a medical
care facility.
(n) "Mental health center" means a mental health center licensed by
the state of Kansas under K.S.A. 39-2001 et seq., and amendments thereto,
except that , as used in the healthcare provider insurance availability act ,
such term, as it relates to insurance coverage under the healthcare provider
insurance availability act, also includes any director, trustee, officer or
administrator of a mental health center.
(o) "Mental health clinic" means a mental health clinic licensed by
the state of Kansas under K.S.A. 39-2001 et seq., and amendments thereto,
except that , as used in the healthcare provider insurance availability act ,
such term, as it relates to insurance coverage under the healthcare provider
insurance availability act, also includes any director, trustee, officer or
administrator of a mental health clinic.
(p) "State institution for people with intellectual disability" means
Winfield state hospital and training center, Parsons state hospital and
training center and the Kansas neurological institute.
(q) "State psychiatric hospital" means Larned state hospital,
Osawatomie state hospital and Rainbow mental health facility.
(r) "Person engaged in residency training" means:
(1) A person engaged in a postgraduate training program approved by
the state board of healing arts who is employed by and is studying at the
university of Kansas medical center but only when if such person is
engaged in medical activities that do not include extracurricular, extra-
institutional medical service for which such person receives extra
compensation and that have not been approved by the dean of the school
of medicine and the executive vice-chancellor of the university of Kansas
medical center. Persons engaged in residency training shall be considered
resident healthcare providers for purposes of K.S.A. 40-3401 et seq., and
amendments thereto; and
(2) a person engaged in a postgraduate training program approved by
the state board of healing arts who is employed by a nonprofit corporation
organized to administer the graduate medical education programs of
community hospitals or medical care facilities affiliated with the university
of Kansas school of medicine or who is employed by an affiliate of the
university of Kansas school of medicine as defined in K.S.A. 76-367, and
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amendments thereto, but only when if such person is engaged in medical
activities that do not include extracurricular, extra-institutional medical
service for which such person receives extra compensation and that have
not been approved by the chief operating officer of the nonprofit
corporation or the chief operating officer of the affiliate and the executive
vice-chancellor of the university of Kansas medical center.
(s) "Full-time physician faculty employed by the university of Kansas
medical center" means a person licensed to practice medicine and surgery
who holds a full-time appointment at the university of Kansas medical
center when such person is providing healthcare. A person licensed to
practice medicine and surgery who holds a full-time appointment at the
university of Kansas medical center may also be employed part-time part
time by the United States department of veterans affairs if such
employment is approved by the executive vice-chancellor of the university
of Kansas medical center.
(t) "Sexual act" or "sexual activity" means that sexual conduct that
constitutes a criminal or tortious act under the laws of the state of Kansas.
(u) "Board" means the board of governors created by K.S.A. 40-3403,
and amendments thereto.
(v) "Board of directors" means the governing board created by K.S.A.
40-3413, and amendments thereto.
(w) "Locum tenens contract" means a temporary agreement not
exceeding 182 days per calendar year that employs a healthcare provider
to actively render professional services in this state.
(x) "Professional services" means patient care or other services
authorized under the act governing licensure of a healthcare provider.
(y) "Healthcare facility" means a nursing facility, an assisted living
facility or a residential healthcare facility as all such terms are defined in
K.S.A. 39-923, and amendments thereto.
(z) "Charitable healthcare provider" means the same as defined in
K.S.A. 75-6102, and amendments thereto.
Sec. 2. K.S.A. 40-3401 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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