Committee removes felony penalty from medical‑treatment bill, shifts discipline to Board of Medicine; bill reported out

The Senate Health and Human Services Committee adopted a committee amendment to bill 3 77 that removes a felony penalty from the underlying proposal and routes allegations of violation to the Board of Medicine for administrative discipline under OPLC procedures, committee members said.

Sponsor and amendment overview: The sponsor explained the amendment eliminates the felony provision and aligns disciplinary consequences with standard professional discipline under the Board of Medicine. The amendment also preserves ongoing treatments for patients currently receiving the therapy (a grandfathering provision). The sponsor described the practical effect as moving enforcement away from criminal prosecution and into the licensing board’s normal investigatory and disciplinary process.

Senators discussed language and process: Committee members debated whether the disciplinary provision should read “may” or “shall.” Discussion centered on preserving due process while ensuring the Board of Medicine can impose administrative discipline when a violation has been found. One exchange clarified proposed final language: “A person who is found to have violated this section by the Board of Medicine shall be subject to administrative disciplinary action” and the amendment includes language stating the person “shall not be subject to criminal liability.” Senators also noted OPLC (Office of Professional Licensure and Certification) manages the Board of Medicine and its disciplinary processes.

Committee votes and other amendments: The committee adopted the committee amendment unanimously (5–0). Senator Innes later offered an amendment (16 10 S) that would have created a private right of action; senators agreed to hold that amendment for further review and said a sponsor (Senator Birdsall) would consult with others before floor action. After debate on the primary amendment, the committee moved the bill forward with an "ought to pass as amended" recommendation recorded at 3–2.

Why it matters: The change shifts enforcement from the criminal code to administrative oversight by the Board of Medicine, affecting how alleged violations are investigated and disciplined. The grandfathering provision preserves continuity of care for patients already on the treatments referenced in the bill.

Next steps: The committee adopted the amendment and reported the bill out as "ought to pass as amended." Senators said additional drafting clarifications and review of the private‑right‑of‑action amendment would occur before the measure reaches the floor.