On Tuesday, March 26, the Kansas Department for Children and Families (DCF) announced that a total of $4.6 million in grants have been awarded to seven agencies that provide therapeutic family foster homes in the state. The grants will be used to build capacity that will “increase the number of homes available and provide needed training and supportive services.” Therapeutic foster homes are licensed and certified to care for children with severe physical, emotional or behavioral difficulties and provide intensive mental health services to children in a family setting by specially trained foster parents. The grants are effective March 1, 2024, to June 30, 2025, with the possibility of three one-year renewals. The agencies receiving grants include Cornerstones of Prevention Care, DCCCA, Eckerd Connects, EmberHope Youthville, Foster Adopt Connect, KVC and Pressley Ridge. Expansion of the therapeutic family foster homes and services will be occurring in Brown, Bourbon, Butler, Cowley, Crawford, Doniphan, Douglas, Ellis, Jackson, Jefferson, Johnson, Leavenworth, Marshall, Nemaha, Pottawatomie, Reno, Sedgwick, Shawnee, Sumner, Wabaunsee and Wyandotte counties.
On Thursday, March 28, the Senate Federal and State Affairs Committee voted to table Senate Bill (SB) 555, which would create the Medical Cannabis Pilot Program Act. The bill was tabled until Jan. 13, 2025. After the Committee’s meeting, Senate President Ty Masterson stated that “[d]iscussions will no doubt continue in future sessions, especially if and when the federal government acts.” Marijuana is a Schedule I controlled substance under federal law, which prohibits the manufacture, distribution, dispensation and possession of marijuana except in research studies approved by the federal government. Numerous federal cannabis bills were introduced in 2023. Thirty-eight states, three territories and the District of Columbia allow the medical use of cannabis products.
On Monday, April 1, the Kansas Division of the Budget announced that the state’s tax collections for March were $760.4 million, or $7.0 million more than the March estimate. This is the first time collections have exceeded the estimate since September 2023. For Fiscal Year (FY) 2024, the state has collected $6.9 billion in tax revenue through March, which is $140.9 million, or 2 percent less, than projections. The Consensus Revenue Estimating Group (CRE), which includes the Department of Revenue, Division of Budget, Legislative Research Department and economists from the University of Kansas, Kansas State University and Wichita State University, will meet on April 19 to review the fall estimate and make any necessary revisions.
On Friday, April 5, legislators passed Senate Bill 28, the state budget bill, which provides $25.4 billion in FY 2024 and $25.1 billion in FY 2025. The bill provides for more than a $1 billion increase in spending from 2023 to 2024. A separate budget bill for K-12 education (SB 387) was negotiated late on April 5 but did not pass either chamber and will be addressed during the Veto Session. A Joint Senate Ways and Means and House Appropriations Committee is scheduled for 9:00 a.m. on April 25 to consider Consensus revenue estimates, human services caseload estimates, education caseload estimates and Governor’s Budget Amendments.
Early Saturday morning, April 6, the Legislature finalized a tax cut plan and passed House Bill (HB) 2036, with a vote of 24-9 in the Senate and 119-0 in the House. The bill would eliminate the bottom tier of the state’s three-tier tax system and cut the remaining two brackets to 5.55 percent and 5.15 percent. The bill also accelerates the elimination of the state sales tax on food to July 1.
Bills Signed by the Governor
SB 307 amends 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. Signed on March 22.
SB 381 amends law concerning the appointment of district coroners to allow a county in a multiple county judicial district to appoint, at the county’s expense, a district coroner, regardless of the county’s population. The bill allows the board of county commissioners in any county that is not the most populous county in the judicial district to appoint a coroner to serve as district coroner for the county. The bill also requires the district coroner appointee to be nominated by the local medical society or some other qualified person. Signed on April 4.
HB 2745 limits the application of the statute providing for reciprocal occupational licensing, including health care professional licensing, for military services members and military spouses to those residing in Kansas or planning to reside in Kansas due to the assigned military station of the individual or their spouse, and would exempt such applicants from all fees for applications for any such credential assessed by licensing bodies, including criminal background report fees whether assessed by the licensing body or another agency, including initial applications and any fees associated with renewal of any credential. Licensing bodies include the Behavioral Sciences Regulatory Board, Board of Healing Arts, Board of Nursing, Kansas Dental Board and Kansas Board of Pharmacy. Signed on March 29.
House Bills
Senate Substitute (Sub.) for HB 2036 would make various changes to income, sales and property tax law, including restructuring individual tax brackets and rates to provide for a two-bracket system beginning in tax year 2024, exempting Social Security income from Kansas income tax and accelerating the elimination of the state sales and compensating use tax on food and food ingredients from Jan. 1, 2025, to July 1, 2024. Conference committee report (CCR) was adopted by the Senate and the House on April 5, on votes of 24-9 and 119-0, respectively.
HB 2098, as amended, would add “and any other legal entity under the jurisdiction of the commissioner” to the definition of “person” in a statute pertaining to enforcement of insurance laws. In the fiscal note the Department of Insurance states that “enactment of the bill would broaden the jurisdiction of the Commissioner of Insurance to include entities such as utilization review organizations, pharmacy benefit managers and self-funded workers compensation programs.” CCR adopted by the Senate and the House on April 5, on votes of 34-1 and 102-17, respectively.
HB 2144 would create the crime of encouraging suicide and establish penalties for it 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.
- Such encouragement substantially influences the other person’s decision or methods used to commit or attempt to commit suicide.
The bill also would define “encouraging a person to commit or attempt to commit suicide” as oral, written or visual communication that is persuasive or intended to be persuasive and that gives advice to commit suicide, attempt to commit suicide or develop a plan to commit suicide. CCR adopted by the Senate and House on April 5 on votes of 32-4 and 107-12, respectively.
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.
- District coroner.
- Deputy coroner.
- Special deputy coroner.
Passed by the Senate on March 27 with a vote of 39-1, the House nonconcurred with amendments on April 1, the House concurred on April 2 with amendments made in conference committee on vote of 110-11 and bill was enrolled and presented to Governor on April 5.
Senate Sub. for HB 2436 would create the crime of coercion to obtain an abortion. The Senate passed the substitute bill on March 27 with a vote of 27-11, the House concurred with amendments with a vote of 82-37 on April 1 and the bill was enrolled and presented to the Governor on April 5.
HB 2446, as amended, would prohibit municipalities from adopting or enforcing an ordinance, resolution or regulation that restricts, taxes, imposes a fee upon, prohibits or regulates the use of auxiliary containers. The bill would define “auxiliary container” as a straw, bag, cup, package, container, bottle, device or other packaging, without limitation. Passed by the Senate on March 27 with a vote of 24-16 and enrolled and presented to the Governor on April 5.
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. Passed by the Senate on March 27 and enrolled and presented to Governor on April 5.
HB 2465 would enact the Adoption Savings Account Act to allow an individual, on and after July 1, 2025, to open an account with a financial institution and designate the entirety of the account as an account that would be used to pay or reimburse a designated beneficiary’s eligible expenses for the adoption of a child. The bill also would enact the Pregnancy Resource Act that would provide a tax credit for certain contributions to certain pregnancy resource centers and residential maternity facilities and enact a sales tax exemption for pregnancy resource centers and residential maternity facilities. House nonconcurred with amendments on March 25, second CCR was adopted by the Senate and House on April 5 on votes of 29-10 and 83-38 respectively, and bill was enrolled and presented to Governor on April 9.
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. Passed by the Senate on March 26 with a vote of 35-5 and enrolled and presented to Governor on April 5.
HB 2492 would prohibit abortion and attempts of abortion in the State except when necessary to preserve the life of a pregnant woman in a medical emergency. The bill would define “abortion” to mean the use or prescription of any instrument, medicine, drug or any other substance or device to terminate the pregnancy of a woman with an intention to cause the premature termination of the pregnancy knowing that such termination will with reasonable likelihood cause the death of the unborn child. The bill also includes details on what is not included in this definition, provides related definitions and provides details on allowable medical emergencies. The bill would allow civil actions to be filed against individuals who violate the provisions of the bill and those who knowingly engage in conduct that aids or abets a violation. Withdrawn from the Federal and State Affairs Committee and rereferred to the Health and Human Services Committee on March 28 and withdrawn from the Health and Human Services Committee and rereferred to the Federal and State Affairs Committee on April 5.
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. Bill was passed over and retains a place on the Senate calendar.
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. Passed by the Senate on March 27 on vote of 40-0 and enrolled and presented to Governor on April 5.
HB 2547 would amend the state Uniform Controlled Substances Act and amend the law regarding the stock maintenance and administration of emergency medication kits in schools, including epinephrine and albuterol. The bill would 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, naidemedine, naloxegol and samidorphen. The bill would add daridorexant (brand name Quiviviq), a medication used to treat insomnia, and serdexmethylphenidate, an active ingredient in medication used to treat attention-deficit/hyperactivity disorder (ADHD) to the list of Schedule IV substances. The bill would remove fenfluramine (brand name Fintelpia), a U.S. Food and Drug Administration-approved medication used to treat seizures, to mirror the federal descheduling of the drug. The bill would add ganaxolone (brand name Ztalmy), a medication used to treat a particular type of seizure, to the list of Schedule V substances. 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. Passed by the Senate on March 27, House nonconcurred with amendments on April 1, CCR was adopted by the Senate and House on April 5 on votes of 35-3 and 120-1 respectively and bill was enrolled and presented to Governor on April 9.
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 TRP 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. Passed by the Senate on March 27 and enrolled and presented to Governor on April 5.
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 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. Passed by the Senate on a vote of 40-0 on March 27 and enrolled and presented to Governor on April 2.
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 the Kansas Department of Health and Environment (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. House concurred with amendments on a vote of 122-0 on March 27 and bill was enrolled and presented to Governor on April 5.
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. Passed by the House on a vote of 83-40 on March 27 and referred to the Senate Federal and State Affairs Committee.
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 also would 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. Passed by the Senate on March 27, House concurred with amendments on April 1 on vote of 118-0 and bill was enrolled and presented to Governor on April 5.
HB 2703 would add students in the custody of the Secretary of the Department for Children and Families to the list of students identified as eligible to receive at-risk programs and services. Passed by the Senate on March 26 with a vote of 40-0 and enrolled and presented to the Governor on April 2.
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, patients to be asked, prior to the termination of a pregnancy, to indicate the most important factor regarding their reason for deciding to seek an abortion. Passed by the Senate 27-13 on March 26. Enrolled and presented to Governor on April 5.
HB 2784 would transfer authority for certification of continuing care retirement communities (CCRCs) from the Kansas Insurance Department to the Kansas Department for Aging and Disability Services (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. Passed by the Senate 40-0 on March 27, House nonconcurred with amendments on April 1, Senate adopted motion to accede on April 1.
HB 2787 would amend the Kansas Life and Health Insurance Guaranty Association Act, including allocating long-term care insurance assessments equally between life insurance and health insurance members. The bill also would include health maintenance organizations (HMOs) as member insurers of the Guaranty Association. Passed by the Senate 40-0 on March 27, House nonconcurred with amendments on April 1, CCR adopted by the Senate and House on April 4 on votes of 39-0 and 117-3, respectively.
HB 2834, as amended, would transfer all powers, duties and functions of the staff of the Division of the State Employee Health Benefits Program (SEHBP) of the Department of Administration (DOA) to the Insurance Department under the direction of the Insurance Commissioner. The bill also would transfer all officers and employees of the SEHBP who are engaged in the exercise and performance of the powers, duties and functions involving the administration of the State Employee Health Benefits Plan (SEHP), as well as all officers and employees of the DOA who are determined by the Insurance Commissioner to be engaged in providing administrative, technical or other support services, to the Insurance Department. The bill also would designate the Insurance Commissioner as the Chairperson of the Kansas State Employees Health Care Commission and the Commissioner would administer all budgeting, purchasing and related management functions of the Commission. Passed by the House on March 27 with a vote of 81-42 and referred to the Senate Financial Institutions and Insurance Committee on April 2.
HB 2846 would enact the Child Care Contribution Tax Credit Act and for taxable years beginning with 2025 would provide an income tax credit for contributions to a child care provider or intermediary. The bill would define “child care provider” to mean a person operating a child care facility as defined in K.S.A. 65-503, and amendments thereto, and define “intermediary” to mean a nonprofit organization that distributes funds for the purposes of supporting a child care provider. Bill was introduced in the House on April 5.
Senate Bills
SB 19 would require school districts to adopt cardiac emergency response plans based on the statewide standards developed by KDHE. CCR adopted by House and Senate on April 5, on votes of 119-3 and 26-2, respectively.
SB 28 contains supplemental funding in FY 2024, funding for most state agencies for FY 2025, and selected adjustments for FY 2026 through FY 2028. For FY 2024 the bill adjusts total state expenditures to $25.4 billion, including $10.0 billion State General Funds (SGF) and for FY 2025 the bill includes expenditures totaling $25.1 billion, including $10.4 billion SGF.
Additions to the budget for FY 2024 include:
- $6.2 million SGF for one-time expenditures associated with furnishing and moving into the new KDHE laboratory building.
- $2.5 million SGF to supplement federal grant funds for substance use disorder treatment for uninsured individuals.
- $2.3 million SGF to develop and implement a data management system for Part C early intervention services (Tiny-K) to track referrals, service timelines, evaluations and billing information.
Additions to the budget for FY 2025 include:
- $7.5 million, all from the Kansas Fights Addiction Fund, for substance use disorder treatment among indigent individuals ($5.0 million) and for the expansion of Valley Hope in Atchison ($2.5 million).
- $2.0 million SGF to the Pregnancy Compassion Awareness Program account to continue the statewide program to enhance and increase resources that promote childbirth instead of abortion to women facing unplanned pregnancies and to offer a full range of services, including pregnancy support centers, adoption assistance and maternity homes.
- $122.6 million, including $45.9 million SGF, to implement Fall human services caseloads estimates.
- $48.3 million, including $18.6 million SGF, to increase the average reimbursement rate for agency-directed personal care services on the Frail Elderly (FE) waiver to $30 per hour.
- $47.0 million, including $18.0 million SGF, to continue the Medicaid add-on for nursing facilities at a rate of $15.40 per Medicaid day.
- $45.8 million, including $17.8 million SGF, to add 500 slots each to the Medicaid home and community based service waiver for people with intellectual or developmental disabilities and people with physical disabilities.
- $30.0 million, including $12.0 million SGF, to increase Medicaid physician provider codes by 9.0 percent.
- $17.0 million, including $8.5 million SGF, to develop a new system compliant with federal Comprehensive Child Welfare Information System (CCWIS) requirements.
- $13.5 million to move the Mental Health Intervention Team (MHIT) pilot program from the Kansas State Department of Education to the Kansas Department for Aging and Disability Services, with language to lapse the funding if other legislation funding the program becomes law.
- $6.5 million, including $1.6 million SGF, for a new employment data contract for Medicaid eligibility.
- $5.0 million SGF in one-time expenditures to support hospitals in providing adult inpatient behavioral health services in Kansas.
- $5.0 million SGF for core funding for the Area Agencies on Aging.
- $3.0 million SGF for primary health projects for community-based primary care grants (safety-net clinics).
- $2.0 million SGF as one-time funding to reimburse hospitals that are operating as Rural Emergency Hospitals without the designation as such.
- $2.0 million SGF to increase the availability of early intervention services provided through the Infant and Toddler Program (Tiny-K).
- $1.4 million, including $1.2 million SGF, for a new Family Finding Information technology system.
- $1.3 million SGF to increase the grants received by the Vocational Rehabilitation (VR) Centers for Independent Living (CIL).
- Language to increase the hospital provider assessment to no lower than 5.0 percent and no higher than 6.0 percent of each hospital’s inpatient and outpatient net income.
- $75.0 million SGF to construct a new cancer research facility at the University of Kansas Medical Center.
- $15.0 million SGF for the Western Kansas Nursing Initiative at Fort Hays State University.
- $6.9 million SGF and add 30.0 Full Time Equivalent (FTE) positions for the Fight Against Fentanyl effort.
- Language for bonding authority in the amount of $40.2 million to construct a new medical, behavioral health and support building at Topeka Correctional Facility.
Additions to the budget for FY 2026 through FY 2028 include:
- $4.0 million SGF to establish a grant fund to provide $1 million per year for four years to non-community mental health centers (CMHCs) to begin the process to become certified as certified community behavioral health centers, for FY 2026, and add language that not more than 50.0 percent of the grants should go to federally qualified health centers (FQHCs) or FQHC look-a-likes.
- Language directing the Office of the Attorney General to enforce the Kansas Consumer Protection Act against manufacturers interfering with the acquisition of 340B drugs by certain pharmacies for FY 2026.
CCR adopted by the House and the Senate on April 5, on votes of 78-44 and 26-12, respectively.
House Sub. for House Sub. for SB 96 would establish and update law regulating child care centers and child care homes and would establish the Kansas Office of Early Childhood (Office). The bill would provide certain definitions, provide license capacity and staff-to-child ratios and establish staffing requirements, including professional development training. References to the Secretary for DCF would be replaced with references to the Executive Director of the Office. The provisions establishing and updating law in the bill would expire on June 30, 2026, as applied to the Secretary for DCF and would transition to the Kansas Office of Early Childhood beginning on July 1, 2026. Under the bill, the Governor would appoint an interagency transition team to begin office operations after July 1, 2024. The Secretary would be required to appoint the Executive Director by July 1, 2025, and the Office would be required to begin transitioning programs from state agencies to the Office. All identified programs would be under the direction and supervision of the Executive Director, including staff and other operational functions by July 1, 2026. Substitute bill passed by the House on March 27 on vote of 107-10, Senate nonconcurred with amendments on April 1 and House adopted motion to accede, and House adopted CCR on April 4 on vote of 110-10.
SB 115 would enact the Child Advocate Act, which would establish the Office of the Child Advocate (OCA) as an independent agency. The bill also would amend law in the revised Kansas Code for Care of Children (CINC Code) and the Revised Kansas Juvenile Justice Code to specify the OCA would have access to certain files and records of a child subject to proceedings under these Codes. Passed by the House with amendments on March 27 on a vote of 120-3, CCR was adopted by the House and Senate on April 4 on votes of 117-3 and 36-3, respectively.
SB 142 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. Passed by the House on March 26 on a vote of 104-18, Senate nonconcurred with amendments on March 27, second CCR was adopted by the House on April 4 with a vote of 98-21.
House Sub. for Sub. for SB 232 would amend law regarding child support guidelines established by the Kansas Supreme Court to require the guidelines to include unborn children. The bill would require the Court to adopt rules that consider the direct medical and pregnancy-related expenses for the mother of an unborn child and the unborn child. The bill would specify the maximum amount of ordered child support of an unborn child is not to exceed the direct medical and pregnancy-related expenses of the mother of the unborn child, excluding any costs related to an elective abortion. Substitute bill passed by the House on March 27 on a vote of 84-38. The Senate nonconcurred with amendments on April 1, House and Senate adopted CCR agree to disagree, and House adopted CCR on April 5 on vote of 82-38.
House Sub. for SB 233 would state that a recipient of state funds could not use those funds to provide or subsidize medication or surgery as a treatment for a child’s perception of gender or sex that is inconsistent with the child’s sex. The bill would state that an individual or entity that receives state funds to pay for or subsidize the treatment of children for psychological conditions, including gender dysphoria, could not promote or advocate for such medication or surgery as a treatment for such child. The bill would prohibit the Kansas Program of Medical Assistance and its managed care organizations from reimbursing or providing coverage for medication or surgery as a treatment for such child. Except to the extent required by the First Amendment to the U.S. Constitution, the bill would prohibit a state property, facility or building from being used to promote or advocate the use of social transitioning, medication or surgery as a treatment for such child. A state property, facility or building also would be prohibited from being used to prescribe, administer or dispense medication or perform surgery as a treatment for such child. The bill also would prohibit a state employee whose official duties include the care of children from, while engaged in official duties, providing or promoting the use of social transitioning, medication or surgery as a treatment for such child. The bill would prohibit a health care provider from knowingly providing surgical procedures or medications stated in the bill as treatment for such child. The bill would make related definitions and outline exceptions to prohibitions. The bill would state a health care professional who violates the provisions of the bill has engaged in unprofessional conduct and would have their license revoked by the appropriate licensing entity or disciplinary review board. The bill would state that a health care professional who provides treatment to a child in violation of the bill would be held strictly liable to the child if the treatment or effects of such treatment results in any physical, psychological, emotional or physiological harms to the child in the next 10 years from the date that the individual turns 18 years old. The bill would allow a civil cause of action against health care providers in violation of the provisions of the Act and also would prevent professional liability insurance from covering related damages. CCR was adopted by the House and Senate on March 27 on votes of 82-39 and 27-13 respectively, and bill was enrolled and presented to Governor on April 2.
House Sub. for SB 287 would require parental consent to health care services for a minor child provided in a school facility. In the event of a violation, the bill would require the appropriate health care provider’s licensing agency to take professional discipline against the health care provider. The bill also would establish the No Patient Left Alone Act, expand the eligibility of facilities regarding the licensure of rural emergency hospitals (REHs) and amend law concerning emergency medical services (EMS) to add provisions allowing distribution of non-prescription, over the counter (OTC) medications, as approved by the EMS medical director, to the list of interventions that emergency medical responders may provide. Substitute bill passed by the House on March 27 on a vote of 85-37, Senate nonconcurred with amendments on April 1, House adopted motion to accede on April 2 and CCR was adopted by House on April 5 on a vote of 109-10.
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 protocols 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 cause of action against a medical care facility for violations of the bill. Stricken from the House Calendar on March 28.
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. Passed by the House on March 26, Senate nonconcurred with amendments on March 27, and CCR adopted by House and Senate on April 4 on votes of 122-1 and 33-5, respectively.
SB 394 would create law requiring the use of age verification technology to permit access to internet websites containing material harmful to minors. Passed by the House on March 26 on vote of 92-31 and enrolled and presented to Governor on April 2.
SB 414, as amended, would create the crime of encouraging suicide and establish penalties for the crime under the Kansas Criminal Code, amend the crime and penalties of aggravated endangering a child, and amend the crime and apply a special sentencing rule to the crime of unlawful distribution of fentanyl-related controlled substances (fentanyl). The term “encouraging suicide” would be defined 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.
- Such encouragement is made proximate in time to the other person committing or attempting to commit suicide.
- Such encouragement substantially influences the other person’s decision or methods used to commit or attempt to commit suicide.
The bill would define “attempt to commit suicide” to mean any physical action done by a person with the intent to commit suicide and define “encouraging a person to commit or attempt to commit suicide” to mean oral, written or visual communication that is persuasive or intended to be persuasive and that gives advice to commit suicide, attempt to commit suicide or develop a plan to commit suicide.
The bill would amend the elements of the crime of aggravated endangering a child. The bill would add fentanyl to the list of drugs in regard to causing or permitting a child to be in specified environments. Additionally, the bill would add “or used” regarding specified environments where current law applies to storage of drug paraphernalia or volatile, toxic or flammable chemicals for manufacturing or attempting to manufacture methamphetamine or fentanyl. Passed by the House on March 27 on a vote of 122-0, Senate nonconcurred with amendments on April 1 and House adopted motion to accede on April 2.
SB 423 would transfer authority over the Kansas State Employee Health Plan and the State Workers Compensation Self-Insurance Fund from the Department of Administration to the Department of Insurance and establish the Commissioner of Insurance as the Chairperson of the Kansas State Employees Health Care Commission. Passed, as amended, by the House on March 26 on a vote of 122-1, Senate nonconcurred with amendments on April 1, House adopted motion to accede on April 2, House adopted CCR on April 4 on vote of 80-41 but CCR not adopted by the Senate, and House adopted motion to accede on April 5.
SB 433 would clarify the practice privileges of institutional license holders who are employed by KDADS or the Kansas Department of Corrections (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 prevents employers from hiring institutional doctors that practice physical medicine only. Passed by the House on March 26 on a vote of 121-2 and signed by Governor on April 4.
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. Committee on Assessment and Taxation recommended bill be passed on March 26.
SB 488 would expand the programs which may be audited or investigated by the Office of Medicaid Inspector General to include cash, food and other health-assistance programs. Currently, these activities are limited to the Medicaid program. Passed by the Senate on March 26 on vote of 22-18 and referred to House Health and Human Services Committee on April 1.
SB 555 would create the Medical Cannabis Pilot Program Act. Hearing held in Federal and State Affairs Committee on March 28.
SB 558 would create the Kansas Medical Cannabis Act and provide for the licensure and regulation of the cultivation, processing, manufacturing, distribution, sale and use of medical cannabis and medical cannabis products. The bill also would create the Kansas Cannabidiol Regulation Act and provide for the licensure, testing and regulation of the retail sale of cannabidiol products. Introduced by the Federal and State Affairs Committee on April 1.
