DA says bill would handicap consumers

Branson not in favor of exempting doctors from Consumer Protection Act

? Count Douglas County District Attorney Charles Branson among those urging Gov. Kathleen Sebelius to veto a bill that will restrict consumers in court.

Senate Bill 55 would exempt health care providers, such as doctors, from the Kansas Consumer Protection Act.

In a recent letter to Sebelius, Branson said the bill would “handicap the consumer” and set a dangerous precedent by exempting certain groups from the consumer law.

“If we recognize a cause of action for misleading advertisement or communications from car dealers, contractors, plumbers, lawyers, engineers, salesmen, home inspectors and every other industry, why would any particular group, particularly one consumers tend to rely upon and trust, be exempt from this fair, reasonable and important standard?” Branson said.

Attorney General Paul Morrison and Sedgwick County District Attorney Nola Foulston also oppose the legislation.

The bill was sought by doctors and their attorneys after the Kansas Supreme Court ruled in a Wichita case in February that a doctor could be held liable for deceptive acts under the Kansas Consumer Protection Act. Supporters of the bill say there are other legal remedies for patients who allege they were wronged in their health care, such as medical malpractice lawsuits.

Sebelius’ office said the governor was reviewing the bill. She has until Friday to decide whether to veto it.