During week 13 of the Kansas legislative session, legislators worked past 4:00 AM on Friday, April 7, working bills in conference committees and passing bills on the Chamber floors, including more than 25 health-related bills, the Mega budget bill, and a tax bill, which includes complete elimination of the sales tax on food and food ingredients beginning on January 1, 2024. Legislators will return on April 26 for the Veto Session and to work on the Omnibus budget bill. This edition of Health at the Capitol looks at health-related bills that were passed and referred prior to the start of Spring Break on April 7. A special edition of Health at the Capitol will be published prior to the veto session to summarize all signed or vetoed bills.
On Monday, April 3, the Kansas Division of the Budget reported that total tax collections for March were $758.3 million, $64.9 million more than the monthly estimate. The Consensus Revenue Estimating Group will meet on April 20 to review the fall estimate and make revisions as needed.
Health at the Capitol is a weekly summary providing highlights of the Kansas legislative session, with a specific focus on health policy related issues. Sign up here to receive these summaries and more, and also follow KHI on Facebook, Twitter, LinkedIn, and Instagram. Previous editions of Health at the Capitol can be found on our ARCHIVE PAGE.
House and Senate Floor Action
House Bill (HB) 2015 would modify the law governing court-ordered infectious disease testing. Current law allows the head of an agency or head of an entity that employs certain persons to petition a court to apply for a court-ordered infectious disease test of another person when an employee is exposed to the transmission of bodily fluids of another person during the course of their work. Employees within the scope of this law include corrections officers, emergency services staff, juvenile correctional facility staff, and law enforcement. Bill would allow a designee of the head of an agency or entity to apply for such court-ordered testing. (Conference Committee agreed to the contents of the bill as passed by the House. Conference Committee Report (CCR) adopted by the House and Senate on April 5.)
HB 2021 would create and amend law regarding the assessment of and provision of services to children in the child welfare and juvenile justice systems; overall case length limits and community-based graduated sanctions under the Revised Kansas Juvenile Justice Code; exchange of confidential data within the juvenile justice system; and use of funds from the Evidence-Based Programs Account (Account) of the State General Fund. The bill also would change the criteria used to admit youths to a juvenile crisis intervention center by adding definitions for “behavioral health crisis” and changing the phrase “mental health crisis” to “behavioral health crisis” in various statutes. (On April 6 the Conference Committee amended the bill to include several provisions related to children exhibiting criminogenic behaviors and also inserted the contents of HB 2033, related to criteria used to refer and admit juveniles to a juvenile crisis intervention center, but the CCR was not adopted by the Senate.)
HB 2024 would amend the Newborn Infant Protection Act within the Revised Kansas Code for Care of Children to provide an alternate means to legally surrender an infant pursuant to the Act; create a program within the Kansas Department of Health and Environment (KDHE) for the training of and payment for Child Abuse Review and Evaluation (CARE) providers who conduct CARE exams; and enact the Representative Gail Finney Memorial Foster Care Bill of Rights to enumerate and codify the rights of children in need of care in the child welfare system and the rights of foster parents and kinship caregivers. (Conference Committee agreed to contents of HB 2024 and also inserted the contents of HB 2034, related to the CARE program, and HB 2194, related to the Representative Gail Finney Memorial Foster Care Bill of Rights, on April 6. CCR adopted by the House and Senate on April 6.)
Senate Substitute (S. Sub.) for HB 2070 would enact the Child Advocate Act on and after July 1, 2023, which would establish the Office of the Child Advocate (OCA) as an independent state agency. (Conference Committee requested on April 3 and appointed on April 4 but no CCR.)
HB 2094 would continue the existing statutory requirement that parents cooperate with child support services administered by the Kansas Department for Children and Families (DCF) as a condition of receiving a childcare subsidy and maintain the periods of ineligibility for a childcare subsidy for noncooperation and require the Secretary of DCF to review a parent’s child support compliance at certain specified times. The bill also would amend law pertaining to eligibility requirements for the Supplemental Nutrition Assistance Program (SNAP) to require work registrants ages 50 through 59 without dependents who are not exempt under federal law to participate in an employment and training program and would amend law relating to the financial documentation demonstrating fiscal soundness that must be submitted by a health maintenance organization (HMO) or a Medicare provider organization (MPO) when applying for a certificate of authority to provide healthcare in the state. (On April 5 Conference Committee agreed to disagree and new CC was appointed. On April 6 second Conference Committee removed the contents of Senate Bill (SB) 2094, related to requirements for health maintenance organizations and Medicare provider organizations applying for certificates of authority to demonstrate fiscal soundness, and inserted the provisions of HB 2179, related to continuing statutory requirements related to eligibility for receiving a childcare subsidy, and HB 2140, related to eligibility requirements for SNAP, and CCR was adopted by the House and Senate.)
HB 2114 would rename the Joint Committee on Corrections and Juvenile Justice Oversight in honor of Representative J. Russell Jennings and require the Committee to monitor the implementation of juvenile justice reforms. (Enrolled and presented to the Governor on April 4).
Sub. For HB 2127 would permit a criminal prosecution for childhood sexual abuse to be commenced at any time, extend the time to file a civil action for recovery of damages resulting from childhood sexual abuse, and provide exceptions in the Kansas Tort Claims Act for claims arising from such abuse. (On April 3 the House concurred with the substitute bill passed by the Senate on March 29 and the bill was enrolled and presented to the Governor on April 7.)
Sub. For HB 2184 would make and concern appropriations for Fiscal Year (FY) 2023 supplemental funding, FY 2024 funding for most state agencies, and FY 2025 expenditures for certain state agencies. (CCR adopted by both the House and Senate on April 6.)
HB 2214 would change the name of the Larned Correctional Mental Health Facility to the Larned State Correctional Facility. (House concurred with Senate amendments to the bill on April 6.)
HB 2240 would amend the Revised Kansas Code for Care of Children to clarify and require the clerk of the district court to provide various parties with written notice when a child is placed in a qualified residential treatment program, after receipt of such written notice from the Secretary for DCF. The specified entities who must be notified are the petitioner; the attorney for the parents, if 12 years of age or older; the child’s guardian ad litem; any other party or interested party; and the child’s court-appointed special advocate. (Enrolled and presented to the Governor on April 3.)
HB 2264 would amend the Woman’s-Right-to-Know Act to add a notification requirement about reversal of abortion options with certain medications and amend the definition of abortion. The bill also would clarify that certain medical procedures and methods of contraception would not be considered an abortion and would adopt the amended definition of abortion uniformly for multiple statutes. (Conference Committee appointed on April 4 removed the provisions of HB 2264, related to establishing the No Patient Left Alone Act, and inserted the contents of HB 2439, related to the reversal of medication abortions, and the contents of SB 297, related to the definition of abortion, and CCR was adopted by the House and Senate on April 6.)
HB 2269 would amend the Kansas Cigarette and Tobacco Products Act to raise the minimum age to 21 to sell, purchase, and possess cigarettes, electronic cigarettes, and tobacco products. (Enrolled and presented to the Governor on April 3.)
HB 2288 would establish the Counseling Compact to facilitate interstate practice of licensed professional counselors. The bill also would amend law to add a licensure fee relating to the privilege to practice under the Compact. The Compact would state the practice of professional counseling occurs in the state where the client is located at the time of the counseling services, and it would preserve the regulatory authority of states to protect public health and safety through the current system of licensure. (Enrolled and presented to the Governor on April 3.)
HB 2304 would provide that for the purposes of promoting the safety and protection of students and emphasizing how students should respond when encountering a firearm, school districts could provide firearm safety education programs. The State Board of Education would be required to establish curriculum guidelines for a standardized firearm safety education program that would include accident prevention. If a local board of education would elect to provide firearm safety education, the instruction would be required to be in accordance with the guidelines established by the State Board of Education. The local board of education also would be required to ensure that all students are provided the opportunity to take the course. (Enrolled and presented to the Governor on April 4.)
HB 2313 would create the Born-Alive Infants Protection Act, provide legal protections for infants born alive, require certain standards of care by healthcare providers for infants who are born alive, and provide criminal penalties and civil liability for violations of the act. “Born alive” as defined in the bill means the complete expulsion or extraction of a human being from its mother, at any stage of development, who, after such expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section or induced abortion. (On April 4 House concurred with the bill as amended and passed by the Senate and bill was enrolled and presented to the Governor on April 7.)
HB 2322 would amend provisions within the Special Education for Exceptional Children Act to define the term “emotional disability” to mean the same as the term “emotional disturbance” as used in the federal Individuals with Disabilities Education Act, revise the definition of “children with disabilities” to include dyslexia, and replace the term “emotional disturbance” with “emotional disability.” The bill also would make similar updates in the definition of “individuals with disabilities” used in law relating to transition planning services for individuals with disabilities. (The Senate acceded to request of the House for a conference on April 3 and House concurred with Senate amendments on April 6.)
HB 2325 would add certain maternity centers to the definition of “healthcare provider” for purposes of the Healthcare Provider Insurance Availability Act and add facilities where elective abortions are performed to the list of entities that are not healthcare providers as defined in the bill, which would make such facilities ineligible to purchase professional liability insurance from the Health Care Stabilization Fund. (Conference Committee requested on April 3, Senate acceded to request of the House for conference on April 4, and House concurred with Senate amendments on April 6.)
S. Sub. for HB 2344 would establish and update law regulating childcare centers and childcare homes. The bill would provide certain definitions, provide license capacity and set staff-to-child ratios, and establish staffing requirements, including professional development training. (House concurred with Senate amendments on April 6.)
HB 2375 would create a new type of temporary license for certain applicants who have graduated from a social work program, including an online social work program, that is in candidacy from a national accrediting body recognized by the Behavioral Sciences Regulatory Board (BSRB). (Senate acceded to request of the House for Conference Committee on April 3.)
S. Sub. for HB 2390 would require the Secretary of KDHE to study overdose deaths and maintain confidentiality of the records used by the Secretary in the study. The bill would restrict the duties and authority of the Secretary and local health officers regarding infectious and contagious diseases. The bill would define the COVID-19 vaccine and prohibit the Secretary from requiring such vaccine for any child cared for in a childcare facility, any student enrolling or enrolled in a school for the first time, any child enrolling or enrolled for the first time in a preschool or daycare program operated by a school, and any other such students as may be designed by the Secretary, prior to admission or attendance at school. The bill would create an exemption provision to vaccine requirements for individuals at childcare centers and schools for sincerely held religious beliefs, as defined by the bill, and prohibit further inquiry of the sincerity of the belief. The bill would amend statutes relating to tuberculosis, remove the reporting requirement for teachers and school administrators regarding knowledge or suspicion of an infectious or contagious disease, remove the requirement for enforcement of isolation and quarantine orders by law enforcement officers, provide employment protection for employees who isolate or quarantine, and address orders for school closure during a disaster. (Conference Committee requested on April 3 and Senate acceded to request on April 4, but Conference Committee agreed to disagree on April 6. Second Conference Committee appointed on April 6, agreed to the provisions of the bill as passed by the Senate but also agreed to insert the contents of SB 314, related to the prohibition of a requirement for COVID-19 vaccinations to attend childcare and schools, and SB 315, related to the prohibition regarding inquiry into the sincerity of a request for an exemption from a vaccine requirement. The Senate failed to adopt the CCR on April 6.)
SB 26 would allow an individual who had what the bill defines as a “childhood gender reassignment service” to bring a civil cause of action against the physician who performed such service. The provisions of the bill would not apply if the child was born with a medically verifiable disorder of sex development, as defined in the bill. The bill also would establish the statute of limitations for such cause of action, the medically verifiable disorders of sex development to which the Act would not apply, the relief that could be sought, and the time frame to which the Act would apply. The bill also would require the Board of Healing Arts to revoke the license of a physician who performed such service. (Conference Committee agreed to disagree on April 6 and second Conference Committee removed the contents of SB 26, relating to financial documentation required to be submitted by health maintenance organizations (HMOs) and Medicare provider organizations (MPOs), and inserted the contents of SB 233, relating to a cause of action related to gender reassignment service. CCR was adopted by both the House and Senate on April 6.)
House Substitute (H. Sub.) for SB 42 would exempt rural emergency hospitals licensed under the Rural Emergency Hospital Act from an assessment imposed on hospital providers as part of the Health Care Access Improvement Program (HCAIP). Bill also would require members of a hospital board to be qualified electors of either the county where the hospital is located or any county adjacent to such county. (Conference Committee was requested and appointed on April 3. Conference Committee deleted the provisions of the bill, as amended by the House, regarding appropriations for state agencies for fiscal years 2023 through 2028 and inserted the contents of SB 194, relating to hospital board membership, and also added rural emergency hospitals to the list of types of hospitals exempt from the annual assessment on hospitals imposed under HCAIP. CCR was adopted by both the House and Senate on April 6.)
SB 73 would require a memorandum of understanding to be entered into by the Secretary of Corrections and Secretary of DCF by October 1, 2023, to coordinate administering a risk and needs assessment to children identified as exhibiting behavior that could lead to offending behaviors during the course of a child in need of care proceeding; amend the Revised Code for Care of Children and the Juvenile Code to require, if a child, juvenile, or juvenile offender is eligible to receive services from DCF, KDOC, or the Judicial Branch, that these agencies collaborate to provide such services; amend the overall case length and probation length limits for juvenile offenders; allow a judge to commit a juvenile, who is on probation, to detention for a probation violation and for contempt of court; require KDOC to develop a system or contract with an entity by July 1, 2025, to facilitate the exchange of confidential information among all parts of the juvenile justice system; amend the Evidence-Based Programs Account to expand allowable expenditures to include evidence-based community programs and practices for certain juveniles and children. (Conference Committee appointed on April 3.)
SB 119 would update various provisions of the Insurance Code, including amending the requirements for demonstration of fiscal soundness to be submitted by HMOs and MPOs when applying for a certificate of authority. (Conference Committee inserted the contents of several bills amending provisions of the Insurance Code, including SB 26, related to demonstration of fiscal soundness for a certificate of authority to provide healthcare, and CCR was adopted by both the House and Senate on April 5.)
Sub. for SB 131 would permit the issuance of a sports waiver for certain health professionals on a limited basis during sporting events; amend a provision in the Pharmacy Act to add pharmacy technicians who meet age and supervision oversight parameters to the list of those authorized to administer vaccinations after successfully completing an appropriate course of study and training; modify several requirements for some of the professions licensed by the Behavioral Science Regulatory Board (BSRFB); add new temporary licensure categories; and establish requirements for an expedited application process. (Conference Committee agreed to the provisions of the bill, as passed by the House, and agreed to retain the provisions of HB 2263, related to pharmacy technicians administering certain vaccines, remove the provisions of HB 2264, relating to the No Patient Left Alone Act, and amend and add provisions of HB 2340, related to expanding community health licenses to federally qualified health centers and limiting the availability of temporary community-based licenses to former temporary licensees in the same profession. CCR submitted to the House on April 6.)
H. Sub. for SB 169 would make various changes to income, sales, and property tax law, including accelerating the elimination of state sales and compensating use tax on food and food ingredients to January 1, 2024, and sunsetting the food sales tax credit at the end of tax year 2023. (Conference Committee appointed on April 3 agreed to disagree and second Conference Committee was appointed on April 5. The Second Conference Committee agreed to the provisions of the substitute bill as passed by the House and further amended the bill, including the elimination of the sales tax on food and food ingredients. CCR was adopted by both the House and Senate on April 6.)
SB 174 would create the crimes of interference with the conduct of a healthcare facility and aggravated interference with the conduct of a healthcare facility; amend the crime of battery to define battery against a healthcare provider; amend the definition of “drug paraphernalia” to exclude tests used to detect the presence of fentanyl, ketamine, or gamma-hydroxybutyric acid (GBH); amend the crime of manufacturing to make the manufacturing of a fentanyl-related controlled substances a drug severity level 1 felony; and create a special sentencing rule for the distribution of fentanyl. (Conference Committee appointed on April 3.)
SB 180 would establish the Women’s Bill of Rights and would specify that for purposes of any state law or rules and regulations an individual’s “sex” means such individual’s biological sex, either male or female, at birth. The bill would state that with respect to biological sex, separate accommodations are not inherently unequal. The bill would state that laws, and rules and regulations, that distinguish between the sexes are subject to intermediate constitutional scrutiny. The bill also would require schools, state agencies, or political subdivisions that collect vital statistics to identify individuals within the data as either male or female at birth. (The Senate concurred with the bill, as amended by the House, on April 4.)
Bills Referred
HB 2132 would amend the Kansas Promise Scholarship Act by expanding programs eligible for the scholarship, including mental and physical healthcare and early childhood education. (Referred to Senate Education Committee on April 4.)
SB 112 would permit a registered nurse anesthetist to practice as an independent advanced registered nurse (CRNA) to the full extent of the scope of the licensee’s education and qualifications except for the performance of surgery for the purpose of implantation of medication reservoirs for drug delivery devices. The bill would permit a CRNA to prescribe, procure, select, order and administer any drug consistent with the licensee’s education and qualifications but would prohibit a CRNA from performing, inducing or prescribing, procuring, or administering drugs for an abortion. (Referred to House Health and Human Services Committee on April 3.)
SB 287 would expand current provisions to permit the issuance of a silver alert for a missing person 18 years of age or older who has dementia, a developmental disability such as autism spectrum disorder, or a cognitive impairment. (Referred to the House Health and Human Services Committee on April 3.)
SB 297 would revise the definition of abortion and adopt the definition of abortion uniformly for statutes pertaining to insurance coverage for elective abortions, abortion facility licensure, abortion of a pain-capable unborn child, the Kansas Unborn Child Protection from Dismemberment Abortion Act, and general abortion statutes addressing viability, restrictions and prohibitions, and information to be provided. The bill would clarify certain medical procedures and the prescription, dispensing, administration, sale, or use of any method of contraception would not be considered an abortion. (Referred to the House Health and Human Services Committee on April 3.)
SB 307 would amend the Kansas Fights Addiction Act to include for-profit private entities in the definition of “qualified applicant.” 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 use and addiction. The grant applications must be approved by the Kansas Fights Addiction Grant Review Board. (Referred to House Corrections and Juvenile Justice Committee on April 3.)