HOUSE BILL No. 2285
AN ACT concerning the secretary of health and environment; relating to drug overdoses;
requiring the secretary of health and environment to study overdose deaths; providing
for the confidentiality of acquired and compiled records; restricting the powers of the
secretary of health and environment and local health officers to control the
introduction and spread of infectious or contagious diseases; revoking the authority
of the secretary to order individuals to isolate or quarantine and impose penalties for
violations thereof; prohibiting the secretary of health and environment from requiring
a COVID-19 vaccination in order to attend a child care facility or school; amending
K.S.A. 65-116g, 65-119, 65-128, 65-129b, 65-129d, 65-508 and 72-6262 and K.S.A.
2022 Supp. 65-101, 65-202 and 72-5180 and repealing the existing sections; also
repealing K.S.A. 65-126, 65-127, 65-129 and 65-129c.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) As used in this section:
(1) "Data" means all facts, information, records of interviews,
written reports, statements, notes or memorandums secured in
connection with an authorized medical research study.
(2) "Overdose" means injury to the body that happens when one or
more drugs are taken in excessive amounts. "Overdose" includes fatal
and nonfatal injuries.
(3) "Secretary" means the secretary of health and environment.
(b) The secretary shall:
(1) Identify drug overdose deaths;
(2) review autopsy reports, death certificates, medical records and
other relevant data;
(3) review interactions with the healthcare system, behavioral
health system, social services, educational institutions, children and
family services, the criminal justice system and any other systems with
which a decedent had contact prior to a drug overdose death;
(4) contact family members and other affected or involved persons
to collect additional relevant data;
(5) make determinations regarding the preventability of drug
overdose death cases and develop recommendations to prevent such
deaths, including recommendations for changes to statutes, rules and
regulations, policies and procedures; and (6) disseminate findings and
recommendations to the governor, the legislature, healthcare providers
and facilities, behavioral health professionals, law enforcement and the
general public.
(c) The secretary shall have access to the following identifiable
data sources and records therein:
(1) Law enforcement reports directly relating to events leading up
to a drug overdose death and information leading to the conclusion that
the death may have been a drug overdose death. The law enforcement
agency may redact names and other personally identifiable information
of individuals contained in such law enforcement reports or exclude
information that would reveal an ongoing investigation of drug
violations or any criminal history information prohibited by law to be
released;
(2) autopsy records and coroner's investigative records regarding a
drug overdose death in Kansas;
(3) medical records or emergency medical services records
regarding a drug overdose death or previous overdose by a decedent;
(4) a decedent's controlled substance dispensation records from
the prescription monitoring program established by the prescription
monitoring program act, K.S.A. 65-1681 et seq., and amendments
thereto; and
(5) records, data and reports from any other applicable entity that
has provided services to a decedent.
(d) (1) The secretary may apply to the district court for the
issuance of, and the district court may issue, a subpoena to compel the
production of any relevant data or information requested by the
secretary under this section. Any data or information received by the
secretary pursuant to the subpoena shall be confidential and privileged
information and not subject to disclosure.
(2) The provisions of this subsection providing for confidentiality
of records shall expire on July 1, 2028, unless the legislature acts prior HOUSE BILL No. 2285—page 2
to July 1, 2028, to continue such provisions in accordance with K.S.A.
45-229, and amendments thereto.
(e) (1) All proceedings and activities of the secretary or
representatives of the secretary under this section, opinions of the
secretary or representatives of the secretary formed as a result of such
proceedings and activities and records obtained, created or maintained
pursuant to this section, including records of interviews, written reports
and statements procured by the secretary or any other person, agency or
organization acting jointly or under contract with the department of
health and environment in connection with the requirements of this
section, shall be confidential and not subject to the provisions of the
open records act or the open meetings act or subject to subpoena,
discovery or introduction into evidence in any civil or criminal
proceeding. Nothing in this section shall be construed to limit or
otherwise restrict the right to discover or use in any civil or criminal
proceeding any document or record that is available and entirely
independent of proceedings and activities of the secretary or
representatives of the secretary under this section.
(2) The secretary or representatives of the secretary shall not be
questioned in any civil or criminal proceeding regarding the
information presented in or opinions formed as a result of an
investigation. Nothing in this section shall be construed to prevent the
secretary or representatives of the secretary from testifying to
information obtained independently of this section or that is public
information.
(3) The provisions of this subsection providing for confidentiality
of records shall expire on July 1, 2028, unless the legislature acts to
continue such provisions. The legislature shall review the provisions of
this subsection pursuant to K.S.A. 45-229, and amendments thereto,
prior to July 1, 2028.
Sec. 2. K.S.A. 2022 Supp. 65-101 is hereby amended to read as
follows: 65-101. (a) The secretary of health and environment shall
exercise general supervision of the health of the people of the state and
may:
(1) Where authorized by any other statute, require reports from
appropriate persons relating to the health of the people of the state so a
determination of the causes of sickness and death among the people of
the state may be made through the use of these reports and other
records;
(2) investigate the causes of disease, including especially,
epidemics and endemics, the causes of mortality and effects of locality,
employments, conditions, food, water supply, habits and other
circumstances affecting the health of the people of this state and the
causes of sickness and death;
(3) advise other offices and agencies of government concerning
location, drainage, water supply, disposal of excreta and heating and
ventilation of public buildings;
(4) make sanitary inspection and survey of such places and
localities as the secretary deems advisable;
(5) take action to prevent the introduction of infectious or
contagious disease into this state and to prevent the spread of infectious
or contagious disease within this state; and
(6) provide public health outreach services to the people of the
state including educational and other activities designed to increase the
individual's awareness and appropriate use of public and other
preventive health services.
(b) The secretary of health and environment may adopt rules and
regulations necessary to carry out the provisions of subsection (a). In
addition to other remedies provided by law, the secretary is authorized
to apply to the district court, and such court shall have jurisdiction upon
a hearing and for cause shown to grant a temporary or permanent
injunction to compel compliance with such rules and regulations.
(c) The secretary of health and environment shall not carry out
the provisions of subsection (a) or (b) in a manner that conflicts with HOUSE BILL No. 2285—page 3
any other statute or otherwise expands the authority of the secretary.
(d) In the event of a state of disaster emergency declared by the
governor pursuant to K.S.A. 48-924, and amendments thereto, or a
state of local disaster emergency declared pursuant to K.S.A. 48-932,
and amendments thereto, the legislature may revoke an order issued by
the secretary to take action related to such disaster emergency as
provided in this subsection. Such order may be revoked at any time by
concurrent resolution of the legislature or, when the legislature is not in
session or is adjourned during session for three or more days, such
order may be revoked by the legislative coordinating council with the
affirmative vote of five members thereof.
Sec. 3. K.S.A. 65-116g is hereby amended to read as follows: 65-
116g. (a) It shall be unlawful for any person who violates to:
(1) Violate any provision of this act relating to tuberculosis, or any
associated rules or regulations of the secretary of health and
environment for the enforcement of this act, or;
(2) violates violate any of the rules or regulations of any an
institution while a patient therein,; or
(3) conducts himself in a engage in disorderly manner, shall be
guilty of conduct, as described in K.S.A. 21-6203, and amendments
thereto.
(b) Violation of this section is a class C nonperson misdemeanor.
(c) As used in this section, "this act" means K.S.A. 65-116a
through 65-116m, and amendments thereto.
Sec. 4. K.S.A. 65-119 is hereby amended to read as follows: 65-
119. (a) Any county or joint board of health or local health officer
having knowledge of any infectious or contagious disease, or of a death
from such disease, within their jurisdiction, shall immediately exercise
and maintain a supervision over such case or cases during their
continuance, seeing that all such cases are properly cared for and that
the provisions of this act as relating to isolation, restriction of
communication, quarantine and disinfection are duly enforced. The
county or joint board of health or local health officer shall
communicate without delay all information as relating to existing
conditions to the secretary of health and environment. The local health
officer shall confer personally, if practicable, otherwise by letter, with
the person in attendance upon the case, as to its future management and
control. The county or joint board of health or local health officer is
hereby empowered and authorized to prohibit public gatherings when
necessary for the control of any and all infectious or contagious
disease.
(b) Any disclosure or communication of information relating to
infectious or contagious diseases required to be disclosed or
communicated under subsection (a) of this section shall be confidential
and shall not be disclosed or made public beyond the requirements of
subsection (a) of this section or subsection (a) of K.S.A. 65-118(a), and
amendments thereto, except as otherwise permitted by subsection (c) of
K.S.A. 65-118(c), and amendments thereto.
Sec. 5. K.S.A. 65-128 is hereby amended to read as follows: 65-
128. (a) For the protection of the public health and for the control of
infectious or contagious diseases, the secretary of health and
environment by rules and regulations shall adopt rules and regulations
to designate such diseases as that are infectious or contagious in their
nature and, prior to adopting amendments to such rules and
regulations, submit a report with the proposed amendments to the
speaker of the house of representatives and the president of the senate.
(b) The secretary of health and environment is authorized to issue
such orders and adopt rules and regulations as may be medically
necessary and reasonable recommend to the public and provide
education on ways to prevent the spread and dissemination of diseases
injurious to the public health, including, but not limited to, providing
for the testing for such diseases and the isolation and quarantine of
persons afflicted with or exposed to such diseases.
(c) No later than January 1, 2014, The secretary shall develop and HOUSE BILL No. 2285—page 4
adopt rules and regulations providing for make recommendations for
preventing the introduction and spread of infectious or contagious
disease within this state and the protection of individuals who provide
medical or nursing services, clinical or forensic laboratory services,
emergency medical services and firefighting, law enforcement and
correctional services, or who provide any other service, or individuals
who receive any such services or are in any other employment where
the individual may encounter occupational exposure to blood and other
potentially infectious materials.
Sec. 6. K.S.A. 65-129b is hereby amended to read as follows: 65-
129b. (a) Notwithstanding the provisions of K.S.A. 65-119, 65-122, 65-
123, 65-126 and 65-128, and amendments thereto, and any rules or
regulations adopted thereunder, in investigating actual or potential
exposures to an infectious or contagious disease that is potentially life-
threatening, the local health officer or the secretary:
(1) (A)(a) May issue an order requiring recommend an individual
who whom the local health officer or the secretary has reason to believe
has been exposed to an infectious or contagious disease to seek
appropriate and necessary evaluation and treatment;
(B)(b) when the local health officer or the secretary determines
that it is medically necessary and reasonable to prevent or reduce the
spread of the disease or outbreak believed to have been caused by the
exposure to an infectious or contagious disease, may order recommend
an individual or group of individuals to go to and remain in places of
isolation or quarantine until the local health officer or the secretary
determines that the individual no longer poses a substantial risk of
transmitting the disease or condition to the public;
(C)(c) if a competent individual of who is 18 years of age or older
or an emancipated minor refuses vaccination, medical examination,
treatment or testing under this section, may require recommend the
individual to go to and remain in a place of isolation or quarantine until
the local health officer or the secretary determines that the individual
no longer poses a substantial risk of transmitting the disease or
condition to the public; and
(D)(d) if, on behalf of a minor child or ward, a parent or guardian
refuses vaccination, medical examination, treatment or testing under
this section, may require recommend the minor child or ward to go to
and remain in a place of isolation or quarantine and must shall allow
the parent or guardian to accompany the minor child or ward until the
local health officer or the secretary determines that the minor child or
ward no longer poses a substantial risk of transmitting the disease or
condition to the public; and
(2) may order any sheriff, deputy sheriff or other law enforcement
officer of the state or any subdivision to assist in the execution or
enforcement of any order issued under this section.
Sec. 7. K.S.A. 65-129d is hereby amended to read as follows: 65-
129d. It shall be unlawful for any A public or private employer to shall
not discharge an employee solely because the employee or an
immediate family member of the employee is under an order of
following an isolation or quarantine recommendation from a local
health officer. The violation of this section is punishable as a violation
of K.S.A. 65-129, and amendments thereto In an action against an
employer for a violation of this section, the court shall award a
prevailing plaintiff the actual damages such person sustained, costs
and reasonable attorney fees.
Sec. 8. K.S.A. 2022 Supp. 65-202 is hereby amended to read as
follows: 65-202. (a) The local health officer in each county throughout
the state, immediately after such officer's appointment, shall:
(1) Take the same oath of office prescribed by law for the county
officers, shall;
(2) give bond of $500 conditioned for the faithful performance of
the officer's duties, shall;
(3) keep an accurate record of all the transactions of such office,
shall; HOUSE BILL No. 2285—page 5
(4) turn over to the successor in office or to the county or joint
board of health selecting such officer, on the expiration of such officer's
term of office, all records, documents and other articles belonging to
the office; and shall
(5) faithfully account to the board of county commissioners and to
the county and state for all moneys coming into the office. Such officer
shall notify the secretary of health and environment of such officer's
appointment and qualification, and provide the secretary with such
officer's contact information.
(b) Such officer shall receive and distribute without delay in the
county all forms from the secretary of health and environment to the
rightful persons, all returns from persons licensed to practice medicine
and surgery, assessors and local boards to said secretary, shall keep an
accurate record of all of the transactions of such office and shall turn
over all records and documents kept by such officer, the successor in
office, or to the county or joint board electing such officer, on the
expiration of the term of office.
(c) The local health officer shall upon the opening of the fall term
of school, make a sanitary inspection of each school building and
grounds, and shall make such additional inspections as are necessary to
protect the public health of the students of the school.
(c)(d) (1) Such officer shall make an investigation of each case of
smallpox, diphtheria, typhoid fever, scarlet fever, acute anterior
poliomyelitis (infantile paralysis), epidemic cerebro-spinal meningitis
and such other acute infectious, contagious or communicable diseases
as may be required, and shall use all known medically necessary and
reasonable measures to prevent the spread of any such infectious,
contagious or communicable disease, and shall perform such other
duties as this act, the county or joint board, or board of health or the
secretary of health and environment may require.
(2) Any order issued by the local health officer, including Orders
issued as a result of an executive order of the governor, on behalf of a
county regarding the remediation of any infectious disease may be
reviewed, amended or revoked by the board of county commissioners
of any county affected by such order in the manner provided by K.S.A.
65-201(b), and amendments thereto.
(e) Such officer shall receive compensation as set by the board
and, with the approval of the board of health, may employ a skilled
professional nurse and other additional personnel whenever deemed
necessary for the protection of the public health.
(f) For any failure or neglect of the local health officer to perform
any of the duties prescribed in this act, the officer may be removed
from office by the county board of health. In addition to removal from
office, for any failure or neglect to perform any of the duties prescribed
by this act, the local health officer shall be deemed guilty of a
misdemeanor and, upon conviction, be fined not less $10 nor more than
$100 for each and every offense.
Sec. 9. K.S.A. 65-508 is hereby amended to read as follows: 65-
508. (a) Any A maternity center or child care facility subject to the
provisions of this act shall:
(1) Be properly heated, plumbed, lighted and ventilated;
(2) have plumbing, water and sewerage systems which that
conform to all applicable state and local laws; and
(3) be operated with strict regard to the health, safety and welfare
of any woman or child.
(b) Every maternity center or child care facility shall furnish or
cause to be furnished for the use of each resident and employee
individual towel, wash cloth washcloth, comb and individual drinking
cup or sanitary bubbling fountain, and toothbrushes for all other than
infants, and shall keep or require such articles to be kept at all times in
a clean and sanitary condition. Every maternity center or child care
facility shall comply with all applicable fire codes and rules and
regulations of the state fire marshal.
(c) (1) The secretary of health and environment with the HOUSE BILL No. 2285—page 6
cooperation of the secretary for children and families shall develop and
adopt rules and regulations for the operation and maintenance of
maternity centers and child care facilities. The rules and regulations for
operating and maintaining maternity centers and child care facilities
shall be designed to promote the health, safety and welfare of any
woman or child served in such facilities by ensuring safe and adequate
physical surroundings, healthful food, adequate handwashing, safe
storage of toxic substances and hazardous chemicals, sanitary diapering
and toileting, home sanitation, supervision and care of the residents by
capable, qualified persons of sufficient number, after-hour care, an
adequate program of activities and services, sudden infant death
syndrome and safe sleep practices training, prohibition on corporal
punishment, crib safety, protection from electrical hazards, protection
from swimming pools and other water sources, fire drills, emergency
plans, safety of outdoor playground surfaces, door locks, safety gates
and transportation and such appropriate parental participation as may
be feasible under the circumstances. Boarding schools are excluded
from requirements regarding the number of qualified persons who must
supervise and provide care to residents.
(2) Rules and regulations developed under this subsection shall
include provisions for the competent supervision and care of children in
day care facilities. For purposes of such rules and regulations,
competent supervision as this term relates to children less than five
years of age includes, but is not limited to, direction of activities,
adequate oversight including sight or sound monitoring, or both,
physical proximity to children, diapering and toileting practices; and
for all children, competent supervision includes, but is not limited to,
planning and supervision of daily activities, safe sleep practices,
including, but not limited to, visual or sound monitoring, periodic
checking, emergency response procedures and drills, illness and injury
response procedures, food service preparation and sanitation,
playground supervision, pool and water safety practices.
(d) In addition to any rules and regulations adopted under this
section for safe sleep practices, child care facilities shall ensure that all
of the following requirements are met for children under 12 months of
age:
(1) A child shall only be placed to sleep on a surface and in an
area that has been approved for use as such by the secretary of health
and environment;
(2) the sleep surface shall be free from soft or loose bedding,
including, but not limited to, blankets, bumpers and pillows; and
(3) the sleep surface shall be free from toys, including mobiles and
other types of play equipment or devices.
(e) Child care facilities shall ensure that children over 12 months
of age only be placed to sleep on a surface and in an area that has been
approved for use as such by the secretary of health and environment.
(f) The secretary of health and environment may exercise
discretion to make exceptions to requirements in subsections (d) and (e)
where special health needs exist.
(g) (1) Each child cared for in a child care facility, including
children of the person maintaining the facility, shall be required to have
current such immunizations as the secretary of health and environment
considers necessary. The person maintaining a child care facility shall
maintain a record of each child's immunizations and shall provide to
the secretary of health and environment such information relating
thereto, in accordance with rules and regulations of the secretary, but
the person maintaining a child care facility shall not have such person's
license revoked solely for the failure to have or to maintain the
immunization records required by this subsection.
(2) (A) The secretary of health and environment shall not require
a child cared for in a child care facility to receive a COVID-19
vaccine.
(B) As used in this paragraph, "COVID-19 vaccine" means an
immunization, vaccination or injection against disease caused by the HOUSE BILL No. 2285—page 7
novel coronavirus identified as SARS-CoV-2 or disease caused by a
variant of the virus.
(h) The immunization requirement of subsection (g) shall not
apply if one of the following is obtained:
(1) Certification from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the
child's life or health; or
(2) a written statement signed by a parent or guardian that the
parent or guardian is an adherent of a religious denomination whose
teachings are opposed to immunizations.
Sec. 10. K.S.A. 2022 Supp. 72-5180 is hereby amended to read as
follows: 72-5180. (a) Commencing in the 2021-2022 school year,
Except as otherwise provided in this section, no school district shall
provide or offer to any student enrolled in the district more than a total
of 40 school term hours of remote learning unless:
(1) The board of education of the school district has authorized a
student to temporarily attend school through remote learning in excess
of the 40-hour limitation pursuant to a temporary individual exemption
granted pursuant to subsection (b); or
(2) due to a disaster, the state board of education has authorized
the school district to conduct remote learning in excess of the 40-hour
limitation pursuant to subsection (c) or has waived the limitations
provided in subsection (d).
(b) The board of education of a school district may temporarily
suspend the remote learning limitation provided in subsection (a) on an
individual student basis for any student who cannot reasonably attend
school in person due to an illness, medical condition, injury or any
other extraordinary circumstance that would necessitate remote
learning to allow the student to continue to receive an education during
the existence of such circumstance. The board of education of the
school district shall notify the state board of any individual exemptions
provided pursuant to this subsection and the reason for such exemption.
(c) The state board of education may authorize a school district to
exceed the 40-hour remote learning limitation upon application by the
school district. The application may be granted by the state board of
education upon:
(1) Certification by a school district that, due to a disaster,
conditions resulting from widespread or severe property damage caused
by the disaster or other conditions restricting the operation of public
schools will exist in the school district for an inordinate period of time;
and
(2) a determination by the state board that the school district
cannot reasonably adjust its schedule to comply with the requirements
of this section unless remote learning is conducted for a period of time
not to exceed 240 school term hours, unless such limitation is waived
by the state board pursuant to subsection (d).
(d) The state board of education may waive the requirements of
law relating to the remote learning limitations pursuant to subsection
(c) in any school year upon application for such waiver by a school
district. The waiver may be granted by the state board of education
upon:
(1) Certification by a board of education that, due to a disaster,
conditions resulting from widespread or severe property damage caused
by the disaster or other conditions restricting the operation of public
schools will exist in the school district for an inordinate period of time;
and
(2) a determination by the state board that the school district
cannot reasonably adjust its schedule to comply with such requirements
of law and that remote learning beyond the limitations provided in
subsection (c) is necessary to allow the school district to continue to
provide education to students during such conditions.
(e) (1) Any student who attends a school of a school district
through remote learning in excess of the remote learning limitations
provided pursuant to this section shall be deemed a remote learning HOUSE BILL No. 2285—page 8
student and shall be counted as a remotely enrolled student for state aid
purposes.
(2) On or before June 30 of each school year:
(A) A school district that offers remote learning during the school
year shall determine the remote enrollment of the district based on the
number of students remotely enrolled in accordance with this section;
(B) the clerk or superintendent of each school district shall certify
under oath to the state board a report showing the remote enrollment of
the school district determined pursuant to this subsection by the grades
maintained in the schools of the school district. The state board shall
examine such reports upon receipt, and if the state board finds any
errors in any such report, the state board shall consult with the school
district officer furnishing the report and make any necessary corrections
in the report; and
(C) the state board shall determine the number of students who
were included in the remote enrollment of each school district and
recompute the enrollment of the school district as required pursuant to
this subsection.
(3) A school district that offers remote learning and is determined
to have remotely enrolled students pursuant to this section shall receive
remote enrollment state aid. The state board shall determine the amount
of remote enrollment state aid a school district is to receive by
multiplying the remote enrollment of the school district by $5,000. No
remote enrollment state aid shall be provided for any student who
participates in remote learning on a part-time basis during the school
day.
(4) The state board shall notify each school district of the amount
of remote enrollment state aid the district shall receive pursuant to this
section and, pursuant to K.S.A. 72-5136, and amendments thereto,
shall:
(A) Require the district to remit any such amount of overpayment
made to the district in the current school year; or
(B) deduct the excess amounts paid to the district from future
payments made to the school district.
(5) If a student is included in the remote enrollment of a district
pursuant to this subsection, such student shall not be included in the
adjusted enrollment of the district in the current school year.
(f) Each school district that determines remote enrollment
pursuant to this section shall submit any documentation or information
required by the state board.
(g) As used in this section, "disaster" means a state of disaster
emergency declared by proclamation of the governor pursuant to
K.S.A. 48-924, and amendments thereto, closure of schools by order
issued by a county or joint board of health, a local health officer
pursuant to K.S.A. 65-119, and amendments thereto, or the secretary of
health and environment pursuant to K.S.A. 65-126, and amendments
thereto, or occurrence of widespread or severe damage, injury or loss of
life or property resulting from any natural or manmade cause,
including, but not limited to, fire, flood, earthquake, tornado, wind,
storm, an epidemic, air contamination, blight, drought, infestation or
explosion.
(h) This section shall be a part of and supplemental to the Kansas
school equity and enhancement act.
(i) This section shall take effect and be in force from and after July
1, 2021.
Sec. 11. K.S.A. 72-6262 is hereby amended to read as follows: 72-
6262. (a) (1) In each school year, every pupil student enrolling or
enrolled in any school for the first time in this state, and each child
enrolling or enrolled for the first time in a preschool or day care
program operated by a school, and such other pupils students as may be
designated by the secretary, prior to admission to and attendance at
school, shall present to the appropriate school board certification from a
physician or local health department that the pupil student has received
such tests and inoculations as are deemed necessary by the secretary by HOUSE BILL No. 2285—page 9
such means as are approved by the secretary. Pupils Students who have
not completed the required inoculations may enroll or remain enrolled
while completing the required inoculations if a physician or local health
department certifies that the pupil student has received the most recent
appropriate inoculations in all required series. Failure to timely
complete all required series shall be deemed non-compliance.
(2) (A) The secretary of health and environment shall not require
a student described in paragraph (1) to receive a COVID-19 vaccine.
(B) As used in this paragraph, "COVID-19 vaccine" means an
immunization, vaccination or injection against disease caused by the
novel coronavirus identified as SARS-CoV-2 or disease caused by a
variant of the virus.
(b) As an alternative to the certification required under subsection
(a), a pupil student shall present:
(1) An annual written statement signed by a licensed physician
stating the physical condition of the child to be is such that the tests or
inoculations would seriously endanger the life or health of the child,; or
(2) a written statement signed by at least one parent or guardian
stating that the child is an adherent of a religious denomination whose
religious teachings are opposed to such tests or inoculations.
(c) On or before May 15 of each school year, the school board of
every school affected by this act shall notify the parents or guardians of
all known pupils students who are enrolled or who will be enrolling in
the school of the provisions this act and any policy regarding the
implementation of the provisions of this act adopted by the school
board.
(d) If a pupil student transfers from one school to another, the
school from which the pupil student transfers shall forward with the
pupil's student's transcript the certification or statement showing
evidence of compliance with the requirements of this act to the school
to which the pupil student transfers.
Sec. 12. K.S.A. 65-116g, 65-119, 65-126, 65-127, 65-128, 65-129,
65-129b, 65-129c, 65-129d, 65-508 and 72-6262 and K.S.A. 2022
Supp. 65-101, 65-202 and 72-5180 are hereby repealed.
Sec. 13. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
HOUSE, and was adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.