House Bills

House Bill (HB) 2189 would add the definition of non-minor dependent to the Kansas Code for Care of Children, which would be an individual who is at least 18 years old but less than 21 years old, and except for the age requirement, meets the definition of a child in need of care. Upon a written request by a child to a court, the bill would prohibit the court from issuing an order terminating jurisdiction over the child before June 1 of the school year in which the child turns 18 years old if the child is in an out-of-home placement, is still attending high school, and has not completed a high school education, or who is a non-minor dependent in the custody of the Secretary of the Department for Children and Families (DCF) when in out-of-home placement and is transitioning to adulthood. (Appropriations rereferred to Child Welfare and Foster Care)

HB 2358, as amended, would modify the Uniform Vital Statistics Act provisions concerning who may certify a cause of death. The bill would specify that a cause of death certifier could certify the cause of death of a deceased person. “Cause of death certifier” would mean:

A person licensed to practice medicine and surgery by the State Board of Healing Arts (Board);
A physician assistant licensed by the Board;
An advanced practice registered nurse licensed by the State Board of Nursing;
A district coroner;
A deputy coroner; or
A special deputy coroner (Senate Federal and State Affairs)

HB 2381 would revise the Kansas Code for Care of Children by requiring the court to appoint an attorney to represent a child who is the subject of child in need of care proceeding, making the guardian ad litem appointment optional. The appointed attorney would have access to all information and records necessary for the representation of the child. (Senate Judiciary)

HB 2453 would enact the Dentist and Dental Hygienist Compact (Compact) to provide interstate practice privileges for dentists and dental hygienists. The bill contains uniform language that would enact the Compact in Kansas. (Senate Public Health and Welfare)

HB 2484, as amended, would establish the Social Work Licensure Compact to facilitate interstate practice of regulated social workers. The bill also would amend law to add the background check procedure for the Social Work Licensure Act and add a fee relating to multistate licenses under the Compact. (Senate Public Health and Welfare)

HB 2487, as amended, would provide immunity from prosecution for possession of a controlled substance or certain drug paraphernalia if the person seeks or provides medical assistance to a person under the influence of a controlled substance or who is under the influence of a controlled substance and is in need of medical assistance. (Senate Judiciary)

HB 2494, as amended, would require school districts to adopt cardiac emergency response plans based on the statewide standards developed by the Kansas Department of Health and Environment (KDHE), require automated external defibrillators (AEDs) to be accessible in each school district building, and require cardiopulmonary resuscitation (CPR) and AED training for each coach, sponsor, assistant or aide of any school activity, and any other school district personnel designated under the bill. Bill would take effect on and after January 1, 2025. (Senate Education)

HB 2499 would prohibit the use of a mobile telephone while driving by drivers under the age of 18 and for all drivers while driving in construction zones with workers present or in school zones during hours of reduced speed enforcement. The bill would specify holding a mobile telephone when not permitted under the bill would constitute prima facie evidence of a violation. (Senate Transportation)

HB 2515 would amend the Born-Alive Infants Protection Act to require an accurate and complete record be made of any ascertainable injuries to a child caused by an attempted abortion. A copy of the record would be required to be provided to the hospital the child was transported to and the record would be required to be incorporated into the annual report pursuant to KSA 65-6758. The bill would allow civil actions by an individual born alive and injured as a result of an attempted abortion, or by the parents or custodial guardians in cases where the individual was a minor. In addition, the bill would add individuals injured by an attempted abortion to anonymity provisions of the Act. (House Federal and State Affairs)

HB 2536, as amended, would establish a new legal permanency option for children 16 years of age or older who are in the custody of the Secretary for DCF. The bill also would amend various statutes contained in the Revised Kansas Code for Care of Children to reference this new form of permanency, which would be designated as SOUL Family Legal permanency. (Senate Public Health and Welfare)

HB 2546 would reduce the state retail sales tax and compensating use tax rate for food and food ingredients to 0 percent and would change the distribution of overall state sales and compensating use tax revenue to 82 percent to the State General Fund and 18 percent to the State Highway Fund on April 1, 2024. Under current law the sales tax rate on food would go to 0 percent on January 1, 2025. (House Taxation)

HB 2547 would amend the law regarding the stock maintenance and administration of emergency medication kits in schools, including epinephrine and albuterol. The bill would provide a level of immunity from liability for a pharmacist, physician or a mid-level practitioner who distributes or prescribes emergency medications to a school or provides training on the administration of the emergency medicine for school personnel, and for the school personnel who administer the medications under specific circumstances. (Senate Public Health and Welfare)

HB 2549, as amended, would amend law in the Kansas Adoption and Relinquishment Act governing petitions to terminate parental rights and notice required to be given in a hearing on a petition for adoption. The bill would specify a termination of parental rights (TPR) petition may be filed only as part of a petition for adoption or as a separate action in connection with the petition for adoption. Current law provides a TPR may be filed as an independent action. For TPR petitions that are filed separately from petitions for adoption, the bill would specify venue for TPR petitions must be in the county where the child or a parent resides or is found and satisfy other legal requirements as stated in the bill. (Senate Judiciary)

HB 2556 would enact the Cutting Healthcare Costs for Kansans Act, which would expand eligibility for receipt of medical assistance benefits. KDHE would be required to adopt rules and regulations necessary to implement and administer the Act prior to Jan. 1, 2025. Companion bill to Senate Bill (SB) 355. (Sponsored by House Appropriations and referred to Health and Human Services)

HB 2578, as amended, would amend law regarding the certification of Certified Community Behavioral Health Centers (CCBHCs). The bill would require that, prior to July 1, 2027, only Community Mental Health Centers (CMHCs) licensed by the Kansas Department for Aging and Disability Services (KDADS) and that provide certain services could be certified as CCBHCs in Kansas. On or after July 1, 2027, the bill would require KDADS to certify as CCBHC any CMHC that is licensed by KDADS and provides certain services, as in current law. The bill would also require KDADS to adopt rules and regulations to implement and administer the certification process. (Senate Public Health and Welfare)

HB 2579 would amend law concerning emergency medical services to add to the list of interventions that emergency medical responders (EMRs) may provide. The bill would add the distribution of non-prescription, over-the-counter medications, as approved by the EMS medical director. The EMS medical director would not be able to include as approved OTC medications any compound, mixture or preparation that has a detectable quantity of ephedrine or pseudoephedrine and is exempt from being reported to the statewide electronic logging system for the sale of methamphetamine precursors. (Senate Public Health and Welfare)

HB 2586 would reduce retails sales compensating use, individual income, financial institutions privilege and property taxes. The bill would reduce the state retail sales tax and compensating use tax rate for food and food ingredients to 0 percent and would change the distribution of overall state sales and compensating use tax revenue to 82 percent to the State General Fund and 18 percent to the State Highway Fund on April 1, 2024. (House Calendar and Printing)

HB 2596 would amend the state Uniform Controlled Substances Act to add 35 new substances to the Act, including 23 fentanyl-related controlled substances. The bill would add four additional substances to be excluded from control as Schedule II opioids: thebaine-derived butorphanol, naldemedine, naloxegol, and samidorphen. The bill would add daridorexant, a medication used to treat insomnia, and serdexmethylphenidate, an active ingredient in medication used to treat attention deficit/hyperactivity disorder, to the list of Schedule IV substances. The bill would add ganaxolone, a medication used to treat a particular type of seizure, to Schedule V. (Senate Public Health and Welfare)

HB 2601 would amend law related to the crime of driving under the influence (DUI) by requiring certain persons with a felony DUI conviction to participate in a multidisciplinary model of substance use disorder treatment. (Senate Judiciary)

HB 2613, as amended, would create a statewide Drug Abuse Resistance Education (DARE) educator in the Office of the Attorney General. The DARE educator would be charged with providing DARE curriculum instruction, including content on fentanyl and other opioids, to public K-12 schools and would perform services and provide materials and information necessary to support the DARE program in Kansas. (Senate Education)

HB 2627 would reorganize subsections within the public assistance statute pertaining to eligibility requirements for the cash assistance program, the food assistance program, and the child care subsidy program; general requirements related to drug screenings and convictions, assignment of support rights to DCF and limited power of attorney; and provisions related to fraud investigations. (Appropriations rereferred to Committee of the Whole)

HB 2628 would modify the law governing access to confidential information regarding children alleged or adjudicated to be in need of care. The bill would require DCF to release certain information to the public in response to an open records request pursuant to the Kansas Open Records Act (KORA) within seven business days of receipt of the request, if criminal charges are filed with a court alleging that a person caused a child fatality. (Senate Judiciary)

HB 2629, as amended, would amend provisions in law pertaining to the State Child Death Review Board. The bill would eliminate certain reporting requirements by a coroner involving the investigation and autopsy of child death and would require KDHE to provide the Review Board with a copy of the child death certificate. The bill also would increase the Review Board’s membership, outline its responsibilities, allow for member compensation, address the disclosure and maintenance of Review Board’s records, and remove the limit on the Review Board’s access to DCF and other social service agency records involving services provided to the child or the child’s family. (Senate Public Health and Welfare)

HB 2653 would amend KSA 20-165 to add “the direct medical and pregnancy-related expenses of the mother if the child is an unborn child” to the list of factors to be considered by the court when adopting rules establishing guidelines for child support. The bill would prohibit the inclusion of any costs related to an elective abortion, would define “elective abortion” and “unborn child” and update definitions in related statutes. The amount of support for the unborn child would be calculated from the date of conception and the maximum amount would not exceed the direct medical and pregnancy-related expenses of the mother of the unborn child. The bill would state that the term “child” includes any unborn child. (House Federal and State Affairs)

HB 2667, as amended, would amend law regarding transfers made from the Lottery Operating Fund for certain programs administered by KDADS. Under current law, 75 percent of the net profits from lottery vending machine sales are transferred each month to the KDADS Community Crisis Stabilization Centers (CCSC) Fund and 25 percent to the Clubhouse Model Program (CMP), with limitations on such transfers of $9 million for Fiscal Year (FY) 2024 in the aggregate and $8 million for FY 2025. Bill would require during FY 2025 and FY 2026, $750,000 be transferred to the CCSC Fund and $250,000 be transferred to the CMP Fund by the 15th of each month. The aggregate limit for FY 2025 would be removed and a limit of $8 million would be added for FY 2027 and each subsequent fiscal year. (House Federal and State Affairs)

HB 2668 would amend several provisions for public assistance related to cash assistance, food assistance, and child care subsidy. The bill would require job searches instead of a 20-hour work week for child care subsidy eligibility. The bill would permit use of food assistance funds for advertising food assistance programs and would modify penalties for non-cooperation for all assistance programs. The bill would remove the tiered penalties related to noncooperation for Temporary Assistance for Needy Families (TANF) cash assistance. Currently, cash assistance participants not cooperating with work program or child support receive tiered penalties. The bill would replace these tiered penalties by indicating “individuals shall remain ineligible until any of such individuals complies with all requirements provided.” The change in language would allow return of eligibility immediately upon resolution of the noncooperation. (Sponsored by House Appropriations and referred to Welfare Reform)

HB 2669 would create the Mental Health Intervention Team (MHIT) Program Act, codifying the program in statute. “Mental Health Intervention Team Provider” (MHIT Provider) would mean a center organized pursuant to KSA Chapter 19, Article 40 regarding mental health centers and services, a mental health clinic organized pursuant to KSA Chapter 65, Article 2 regarding local mental health clinics, or a federally qualified health center (FQHC) as defined by section 1905(1)(2)B of the federal Social Security Act. MHIT Provider would also include other provider categories authorized by KDADS to serve as a partnering provider under the Act. An MHIP Provider would also need to provide:

Services that include support for students available 24 hours a day, 7 days a week;
Person-centered treatment planning; and
Outpatient mental health services;

The Act would establish the MHIT Program, which would be a continuation of the MHIT Pilot Program first established through a budget proviso in 2018 and continued and expanded through subsequent appropriation acts of the Legislature. (Senate Education)

HB 2675 would enact the Uniform Nonparent Visitation Act (UNVA). “Nonparent” would mean an individual, other than a parent or person acting as a parent of a child. The bill would specify the term includes a grandparent, sibling, or stepparent to a child. The UNVA would apply to a proceeding commenced on or after July 1, 2024, in which a nonparent seeks visitation. The UNVA would also apply to proceedings commenced before July 1, 2024, where a final order has not been entered. The bill would provide that a nonparent may commence a proceeding under UNVA by filing a petition in the court having jurisdiction to determine visitation under the Uniform Child Custody Jurisdiction and Enforcement Act. (Senate Judiciary)

Substitute for HB 2676 would create the crime of encouraging suicide and would establish penalties for the crime under the Kansas Criminal Code. The bill would define “encouraging suicide” as knowingly encouraging a person to commit or attempt to commit suicide when:

Such person knows the other person has communicated a desire to commit suicide;
Encouragement of suicide is made proximate in time to the other person committing or attempting to commit suicide; and
Such encouragement substantially influences the other person’s decision or methods to commit or attempt to commit suicide. (Appropriations rereferred to Committee of the Whole)

HB 2723 would create a grant fund that would be administered by KDADS to create homeless shelter infrastructure and a program to administer the funding and contracts. The funding would not exceed $40 million from the State General Fund (SGF) and would be for FY 2025 only. KDADS would award the funds to Kansas local governments that meet the specified requirements. The funds to be allocated would be for the building of, or capital improvements to, congregate and non-congregate shelters that provide services for individuals and families experiencing homelessness and persons at risk of homelessness. Funding awarded to a local government would be matched by the local government receiving the funding based on a dollar-for-dollar match received. (Appropriations rereferred to Welfare Reform)

HB 2737 would create the Abolish Abortion Kansas Act to make all abortions subject to criminal prosecution for violation of Alexa’s law and to remove the exceptions to the wrongful cause of death action for lawful abortions. (Federal and State Affairs referred to Health and Human Services)

HB 2749, as amended, would amend reporting requirements for abortions performed in Kansas. The bill would provide for the written report of pregnancies lawfully terminated to be submitted by medical care facilities and persons licensed to practice medicine and surgery to KDHE on a biannual basis. (Current law requires submitting reports on an annual basis). The bill would require, except in the case of medical emergency, a patient to be asked, prior to the termination of a pregnancy, to indicate the most important factor regarding the reason for deciding to seek an abortion. (Appropriations rereferred to Committee of the Whole)

HB 2751, as amended, would permit KDADS to waive a requirement of the rules and regulations related to licensing of disability services in certain circumstances, would include a definition for day service provider as it relates to criminal history record checks, and would require notice to licenses to include notice of appeals available under the Kansas Administrative Procedure Act. (Senate Public Health and Welfare)

HB 2764 would enact the Pregnancy Resource Act and allow contributions to eligible charitable organizations operating pregnancy centers or residential maternity facilities to receive a 70 percent tax credit beginning in tax year 2024. The pregnancy center or residential maternity facility would be required to maintain a dedicated phone number for clients; maintain in this state it’s primary physical office, clinic or residential home that is open for clients for a minimum of 20 hours a week, excluding state holidays; offer services, at no cost to the client, that provide assistance to women in order to carry their pregnancy to term, encourage parenting or adoption, prevent abortion, and promote healthy childbirth; and utilize trained and licensed medical professionals to perform any available medical procedures. Companion bill to SB 498. (House Taxation)

HB 2765 would provide a sales tax exemption for period products, diapers and incontinence products beginning on July 1, 2024. The bill includes definitions for period products, diapers and incontinence products. (House Taxation)

HB 2777, as amended, would prohibit the State Fire Marshall and the Marshal’s representatives from wearing or operating a body camera or other audio or video recording device during an on-site inspection in a licensed care facility or community-based locations where individuals with intellectual or developmental disabilities receive habilitation services. (Senate Public Health and Welfare)

HB 2784 would transfer authority for certification of Continuing Care Retirement Communities (CCRCs) from the Kansas Insurance Department to KDADS. The bill would define CCRCs to mean any place or facility that combines a range of housing and services to encompass the continuum of aging care needs provided at an independent living facility, an assisted living facility, a residential health care facility, or a skilled nursing care facility within a single place or facility to avoid the need for residents to relocate to a separate place or facility. (Senate Public Health and Welfare)

HB 2785 would establish the Kansas Office of Early Childhood within the Executive Branch, to be administered under the direction and supervision of the Executive Director of Early Childhood. The Director would be appointed by the Governor, subject to confirmation by the Senate. Existing early childhood programs currently housed within DCF, the Kansas State Department of Education (KSDE), the Kansas Children’s Cabinet and Trust Fund, and KDHE would be transferred to the agency. The agency would include the Division of Child Care, Division of Home Visitation, Division of Head Start Collaboration, and the Kansas Children’s Cabinet and Trust Fund. The Office would facilitate and coordinate interagency cooperation toward the goal of serving children and families. (Appropriations rereferred to Commerce, Labor and Economic Development)

HB 2791 would enact the Forbidding Abusive Child Transitions Act and would prohibit health care professionals from providing specified treatments for a child whose gender identity was inconsistent with the child’s sex, including certain surgical procedures, puberty blockers and other medications. The bill would make related definitions and outline exceptions to prohibitions. Health care professionals would be required to obtain informed consent from a child’s parent or guardian as detailed in the bill before discussing with a child the possibility of social transitioning, medication or surgery as a treatment for a child whose perceived gender or sex is inconsistent with such child’s sex. The bill would allow a civil cause of action against health care professionals in violation of the provisions of the Act and also would prevent professional liability insurance from covering related damages. (Appropriations rereferred to Health and Human Services)

HB 2792 would prohibit what the bill defines as “gender transition surgery” on minors, and a violation would be considered unprofessional conduct under KSA 65-2837. The bill would make related definitions. In addition, the bill would require transgender care services and treatment to be conducted according to the clinical practice guidelines specified in Wylie C Hembree et al., “Endocrine Treatment of Gender-Dysphoric /Gender-Incongruent Person: An Endocrine Society Clinical Practice Guidelines.” (Appropriations rereferred to Health and Human Services)

HB 2793 would prohibit individuals licensed by the Board of Nursing and the Behavioral Sciences Regulatory Board from providing a health care service to a minor without the consent of the minor’s parent. The bill also would provide that violation of this provision would subject the individual to professional discipline from such health care provider’s appropriate licensing agency. (Appropriations rereferred to Health and Human Services)

HB 2801 would require that from and after Oct. 1, 2024, and each year after that, every manufacturer of consumable materials and electronic cigarettes that are sold in Kansas whether directly or through a distributor, wholesaler, retailer, or similar intermediary or intermediaries, would be required to file an annual certification with the Department of Revenue under penalty of perjury. The certification form must include a copy of the marketing authorization or similar order that complies with federal law or a copy of the form that shows the application was accepted for filing and remains under review by the federal U.S. Food and Drug Administration, or a final decision on the applications has not yet taken effect. On or after Nov. 1, 2024, the Director of Alcoholic Beverage Control of the Department of Revenue shall maintain and make publicly available on the Department of Revenue’s website a directory that lists all consumable material and electronic cigarette manufacturers and consumable material and electronic cigarettes for which certification forms have been submitted and update the directory at least monthly to ensure accuracy. The Director would provide a manufacturer notice and opportunity to cure deficiencies before removing the manufacturer from the directory. (House Federal and State Affairs)

HB 2804 would provide for the preceptor income tax incentive, establishing an income tax credit for physicians and physician assistants that serve as a community-based faculty preceptor by providing personalized instruction, training and supervision for students. (House Taxation)

HB 2809 would create the Every Mom Matters Act to require the state treasurer to contract with eligible organizations to provide information and support services to pregnant women and parents considering adoption. (House Federal and State Affairs)

HB 2810 would amend the Kansas Life and Health Insurance Guaranty Association Act to include health maintenance organizations as member insurers and broaden the assessment base for long-term care insurance insolvencies. (Sponsored by House Federal and State Affairs and referred to House Insurance)

HB 2811 would require the Department of Corrections to establish a women’s correctional center nursey on the grounds of the Topeka Correctional Facility by Jan. 1, 2026, subject to appropriations. The Department would create the Nursery Program for Incarcerated Moms, which would allow eligible offenders to live with a child born to them while in custody for up to 36 months following the birth of the child. The Department would be required to establish policies for operation of the nursery. The bill specifies that to be eligible for the Program, an offender would have to give birth to a child after sentencing or while in custody; have 36 months or less remaining on their sentence; meet other criteria established by the Department and have a child that meets the Department’s established eligibility criteria. The bill also specifies that any offender with current or prior convictions of certain violent or dangerous crimes would be automatically disqualified from the Program. Companion bill to SB 489. (House Appropriations)

HB 2813 would create the crime of coercion to obtain an abortion. The crime would be defined as engaging in coercion with knowledge that a woman is pregnant and with the intent to compel the woman to obtain an abortion when she has expressed a desire to not obtain an abortion. The bill would classify this offense as a person felony, carrying a 30-day minimum sentence of imprisonment and a fine of $500 to $5,000. The bill would specify that if the adult father of the unborn child is the one committing coercion to obtain an abortion, the offense would carry a minimum sentence of 90 days to one year of imprisonment and a fine of $1,000 to $10,000. The bill would provide definitions for coercion, abortion and unborn child. (House Federal and State Affairs).

HB 2814 would establish the Kansas Ultrasound Act, requiring that an obstetric ultrasound be performed on a woman prior to an abortion, permitting a woman to avert her eyes from the ultrasound images, establishing civil and criminal penalties and providing an emergency exception to requirements of the Act. (House Federal and State Affairs).

Senate Bills

Substitute for SB 96 would establish and update law regulating child care centers and child care homes. The bill would provide certain definitions, provide license capacity and staff-to-child ratios, and establish staffing requirements, including professional development training. (Withdrawn from Calendar and referred to House Committee on Commerce, Labor and Economic Development)

SB 103 would make several amendments to the Dental Practices Act, including:

Require dentists to provide certain practice ownership information;
Remove the minimum personal presence requirements of licensed dentists regarding dental offices, using a licensee’s name;
Permit the Kansas Dental Board to refuse to license or to take action upon a licensee under the Act who directed or pressured another dental professional to perform dentistry that failed to adhere to the standard of dental care or that would violate the Act; and
Prohibit dentists or a contract for dental services from requiring a patient sign an agreement that attempts to limit a patient’s ability to file a complaint with the Board. (Senate Ways and Means rereferred to Public Health and Welfare)

Substitute for SB 219 would expand the eligibility of facilities regarding the licensure of rural emergency hospitals (REH). The bill would expand eligibility for REH licensure to facilities that were any point during the period between Jan. 1, 2015, and Dec. 26, 2020, one of the following types of facilities:

Licensed critical access hospital;
General hospital in a county in a rural area as defined in Section 1886(d)(2)(D) of the federal Social Security Act;
General hospital with no more than 50 licensed beds that is deemed as being located in a rural area pursuant to Section 1886(d)(8)(e) of the federal Social Security Act; or
A department of a provider or a provider-based entity.

The bill would define “provider-based entity” as a provider of health care services or a rural health clinic that is either created by or acquired by, a main provider for the purpose of furnishing health care services of a different type from those of the main provider under the ownership and administrative and financial control of the main provider (42 CFR § 413.65). Current law provides for a licensed general hospital or critical access hospital that applies for and receives licensure as a REH and elects to operate as REH to retain its original license as a general hospital or critical access hospital. The bill would expand this provision to cover provider-based entities or provider departments. (House Health and Human Services)

SB 307, as amended, would amend the Kansas Fights Addiction Act to include for-profit entities in the definition of “qualified applicant.” Under continuing law the Act allows qualified applicants to apply for grants from the Kansas Fights Addiction Fund for projects and activities that prevent, reduce, treat or mitigate the effects of substance abuse and addiction. These grant applications must be approved by the Kansas Fights Addiction Grant Review Board. (Passed by the House on March 6.)

SB 350 would amend the Kansas Fights Addiction Act and add for-profit private entities to the definition of “qualified applicant.” Currently the Grant Review Board members do not receive compensation when attending board meetings. The bill would allow members to be paid subsistence allowance mileage and other expenses when attending board meetings after Jan. 8, 2024. (Senate Ways and Means)

SB 352, as amended, would establish the John D. Springer Patient’s Bill of Rights. The bill would establish who may visit a patient in medical care facility, require medical care facilities to provide for in-person visitation, and include parameters for medical care facilities as to restrictions regarding infection control protocols that may be placed on visitors. The bill would provide medical care facilities immunity from civil liability for damages for acts taken in compliance with the bill unless the act constituted gross negligence or willful, wanton or reckless conduct. The bill would establish a remedy for a medical care facility’s compliance with the Act that causes a monetary penalty, fees or lost funding and establish the Medical Care Facility Reimbursement Fund and protocol for reimbursement through the Fund with State General Funds. The bill would establish patients’ rights that medical care facilities would have to protect and promote. The bill also would establish a civil case of action against a medical care facility for violations of the bill. (House Health and Human Services)

SB 355 would enact the Cutting Healthcare Costs for All Kansans Act, which would expand eligibility for receipt of medical assistance benefits. KDHE would be required to adopt rules and regulations necessary to implement and administer the Act prior to Jan. 1, 2025. Companion bill to HB 2556. (Sponsored by Senate Ways and Means and referred to Public Health and Welfare)

SB 364 would extend the statute of limitations for childhood sexual abuse claims. The bill would permit an action for damages for an injury or illness from childhood sexual abuse to be filed at any time. The bill also would revive claims for injury or illness from childhood sexual abuse that occurred on or after July 1, 1984. (Sponsored by Senate Ways and Means and referred to Judiciary)

SB 377 would make various changes to income, sales and property tax law, including accelerating the elimination of the state sales and compensating use tax rate on food and food ingredients to April 1, 2024. Current law would eliminate the tax on food and food ingredients on Jan. 1, 2025. (Withdrawn from Senate Calendar and rereferred to Assessment and Taxation)

SB 384, as amended, would authorize the Emergency Medical Services (EMS) Board to grant a permanent variance from a rule and regulation adopted to implement, enforce or otherwise regulate provisions regarding minimal staffing on each vehicle providing emergency service. The bill also would make a technical amendment to clarify the personnel required on each vehicle providing emergency medical service. (House Local Government)

SB 390 would enact the Conscientious Right to Refuse Act and would prohibit an employer, health care entity, school or person from discriminating and committing other specific acts as defined in the bill based on an individual’s refusal of any vaccination, biologic, pharmaceutical, drug, gene editing technology, DNA- or RNA-based product if an individual’s refusal is for reasons of conscience. The bill would allow for private causes of action to be filed within two years of any direct or indirect injury suffered as a result of a violation of the Act. The bill would define conscience as theistic and non-theistic moral and ethical beliefs as to what is right and wrong that are sincerely held with the strength of traditional religious views. In addition, the bill would repeal KSA 65-126, 65-127, 65-129 and 65-129c, which all relate to the isolation and quarantine powers of KDHE for infectious or contagious diseases. (Senate Ways and Means rereferred to Public Health and Welfare)

SB 391, as amended, would enact the Constitutional Right to Health Freedom Act and permit KDHE to designate a list of infectious or contagious diseases but would remove the Secretary’s authority to enact rules and regulations regarding KDHE’s authority to enact rules and regulations regarding infectious or contagious diseases. The Act would only permit KDHE to recommend ways to prevent the spread and dissemination of diseases for both the general public and for those who may professionally encounter a disease. The Act also would amend statutory duties and the authority of KDHE, local health entities and local health officers concerning infectious or contagious diseases. (House Health and Human Services)

SB 394 would create law requiring the use of age verification technology to permit access to internet websites containing material harmful to minors. (House Judiciary)

SB 414, as amended, would amend the Kansas Criminal Code with respect to fentanyl-related controlled substances (fentanyl). The bill would specify the penalty to be applied in the crime of unlawful distribution of fentanyl when distributed by weight or dosage unit, modify language pertaining to the rebuttable presumption of intent to distribute, and apply a special sentencing rule to the crime of unlawful distribution of fentanyl. (House Corrections and Juvenile Justice)

SB 419 would amend law in the Kansas Criminal Code pertaining to the crime of aggravated endangering a child. Specifically, the bill would amend elements of the crime to reflect conduct involving fentanyl-related controlled substances; increase the penalty for the crime when bodily harm is inflicted upon the child; and add “fentanyl-related controlled substance” and “methamphetamine” to the list of terms defined in the crime. (House Corrections and Juvenile Justice)

SB 425 would amend KSA 20-165 to add the “direct medical and pregnancy related expenses of the mother if the child is an unborn child” to the list of factors to be considered by the court when adopting rules establishing guidelines for child support. The bill would prohibit the inclusion of any costs related to an elective abortion, would define elective abortion and unborn child and update definitions in related statutes. The amount of support for the unborn child would be calculated from the date of conception and the maximum amount would not exceed the direct medical and pregnancy-related expenses of the mother of the unborn child. The bill would state that the term child includes any unborn child. (Sponsored by Senate Federal and State Affairs and referred to Judiciary)

SB 429 would reduce the state retails sales tax and compensating use tax rate for food and food ingredients to 0 percent and would change the distribution of overall state sales and compensating use tax revenue to 82 percent to the State General Fund and 18 percent to the State Highway Fund on April 1, 2024. (Sente Assessment and Taxation)

SB 433 would clarify the practice privileges of institutional license holders who are employed by KDADS or the KDOC or by a third party contracted by the institution. The bill would allow state hospitals to increase their employment of doctors, as current language of the statute prevents employers from hiring institutional doctors that practice physical medicine only. Kansas Medical Society provided opponent testimony stating the bill could be interpreted to grant institutional license-holders unrestricted license to practice medicine anywhere within the state. (House Health and Human Services passed bill on March 5)

SB 435 would provide a sales tax exemption for period products, diapers and incontinence products beginning on July 1, 2024. The bill includes definitions for period products, diapers, and incontinence products. (Senate Assessment and Taxation)

SB 445 would require emergency medical services (EMS) providers and law enforcement officials to complete basic training on identifying, interacting with, and caring for people who have dementia or Alzheimer’s. The bill would require prospective EMS providers and law enforcement officials to complete four hours of dementia and Alzheimer’s training before receiving their occupational certification. The bill also would require existing EMS providers and law enforcement officials to complete two hours of training before renewing their certification. The bill would direct the EMS Board and the Commission on Peace Officers Standards and Training to, in consultation with KDADS, develop the relevant dementia and Alzheimer’s training programs. (Senate Ways and Means)

SB 489 would require KDOC to establish a women’s correctional center nursery on the grounds of Topeka Correctional Facility by Jan. 1, 2026, subject to appropriations. Companion bill to HB 2811. (Senate Ways and Means rereferred to Public Health and Welfare)

SB 496 would expand the scope of practice for naturopathic doctors, who would be allowed to prescribe, recommend, administer, and dispense drugs and substances, including controlled substances, and durable medical equipment as outlined in the bill. The bill also would detail other treatments allowed by naturopathic doctors, as well as education, training, insurance and licensing requirements. Additionally, the bill would eliminate the requirement for a written protocol between naturopathic doctors and individuals licensed to practice medicine and surgery and the requirement to provide notice of the relationship to the Board of Healing Arts. (Senate Ways and Means rereferred to Public Health and Welfare)

SB 498 would enact the Pregnancy Resource Act. The bill would allow contributions to eligible charitable organizations operating pregnancy centers or residential maternity facilities to receive a 70 percent tax credit beginning in tax year 2024. Companion bill to HB 2764. (Senate Assessment and Taxation)

SB 518 would establish coverage and reimbursement for “complex rehabilitation technology,” defined to mean items classified within Medicare as durable medical equipment that are individually configured for individuals to meet their specific and unique medical, physical, and functional needs and capacities for basic and instrumental activities of daily living identified as medically necessary and includes options and accessories related to such items. The bill also would require the Kansas Insurance Department to appoint a task force to determine an appropriate rate of reimbursement. (Sponsored by Senate Ways and Means and referred to Public Health and Welfare)

SB 521 would enact the Defense of Affordable Prescriptions Act to prohibit certain discriminatory actions related to reimbursement of entities participating in the 340B pricing program. The bill would prohibit a health insurer, pharmacy benefits manager, third-party payor, other third-party payor, or any agent thereof from:

Reimbursing a 340B-covered entity for 340B drugs at a lower reimbursement rate than that paid for the same drug to an entity that is not a 340B-covered entity;
Lower reimbursement for a claim on the basis that the claim is for a 340B drug;
Impose terms or conditions, as indicated in the bill, on a 340B-covered entity that differ from terms or conditions applied to an entity that is not a 340B-covered entity on the basis that the 340B-covered entity participates in the 340B drug pricing program authorized by 42 U.S.C. 256b or that a drug is a 340B drug. (Sponsored by Senate Assessment and Taxation and referred to Financial Institutions and Insurance)

Special Edition – Turnaround of the 2024 Session

House Bills

Senate Bills

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