Study of Overdose Deaths; Restrictions on Authority of the Secretary of Health
and Environment and Local Health Officers; Prohibition of COVID-19 Vaccine
Requirement to Attend Child Care or School; HB 2285
HB 2285 requires the Secretary of Health and Environment (Secretary) to study
overdose deaths and maintain confidentiality of the records used by the Secretary in the study.
The bill restricts the duties and authority of the Secretary and local health officers regarding
infectious and contagious diseases. The bill defines the COVID-19 vaccine and prohibits the
Secretary from requiring such vaccine for any child cared for in a child care 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 designated by the Secretary, prior to admission or attendance at school.
[Note: “School,” as defined in continuing law pertaining to student health (KSA 72-6261),
means all elementary, junior high, or high schools within the state.]
Infectious and Contagious Diseases
The bill amends statutes relating to tuberculosis, removes the requirement for
enforcement of isolation and quarantine orders by law enforcement officers, provides
employment protection for employees who isolate or quarantine, and addresses orders for
school closure during a disaster.
Study of Overdose Deaths and Confidentiality of Records
Definitions
The bill defines the following terms:
●“Data” means all facts, information, records of interviews, written reports,
statements, notes, or memorandums secured in connection with an authorized
medical research study;
●“Overdose” means injury to the body that happens when one or more drugs are
taken in excessive amounts and includes fatal and nonfatal injuries; and
●“Secretary” means the Secretary of Health and Environment.
Duties of the Secretary of Health and Environment
The bill requires the Secretary to:
●Identify drug overdose deaths;
Kansas Legislative Research Department 1 2023 Summary of Legislation ●Review autopsy reports, death certificates, medical records, and other relevant
data;
●Review interactions with the health care system, behavioral health system, social
services, educational institutions, children and family services, the criminal justice
system, and any other system with which the decedent had contact prior to a
drug overdose death;
●Contact family members and other affected or involved persons to collect
additional relevant data;
●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
●Disseminate findings and recommendations to the Governor, the Legislature,
health care providers and facilities, behavioral health professionals, law
enforcement, and the general public.
Access to Information
The bill gives the Secretary access to identifiable data sources and records:
●Law enforcement reports directly related 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 is permitted to redact names and other
personally identifiable information or exclude information that may reveal
an ongoing investigation of drug violations or any criminal history
information prohibited by law to be released;
●Autopsy records and coroner’s investigative records regarding a drug overdose
death in Kansas;
●Medical records or emergency medical services records regarding an overdose
death or prior overdose by a decedent;
●A decedent’s controlled substance dispensation records from the prescription
monitoring program (K-TRACS) established by the Prescription Monitoring
Program Act; and
●Records, data, and reports from any other applicable entity that has provided
services to the decedent.
Kansas Legislative Research Department 2 2023 Summary of Legislation Subpoena Power and Confidentiality of Subpoenaed Records
The bill permits the Secretary to apply to the district court, and the district court to issue,
a subpoena to compel the production of any relevant data or information requested by the
Secretary. Data or information received by the Secretary as a result of a subpoena is
confidential and privileged and not subject to disclosure.
The bill states the provisions providing for confidentiality of subpoenaed records expire
on July 1, 2028, unless the Legislature acts to continue the provisions, pursuant to exceptions to
disclosure under the Kansas Open Records Act (KORA), prior to July 1, 2028.
Confidentiality of Records Obtained through Proceedings and Activities of the Secretary
With regard to the study of overdose deaths, the following is confidential and not subject
to KORA, the Kansas Open Meetings Act, subpoena, discovery, or introduction into evidence in
a civil or criminal proceeding:
●All proceedings and activities of the Secretary or representatives and any
opinions formed by these individuals as a result of such proceedings and
activities; and
●Records obtained, created, or maintained, 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 Kansas Department of
Health and Environment (KDHE).
The bill does not 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.
The Secretary, or representatives of the Secretary, are not permitted to be questioned in
any civil or criminal proceeding regarding the information presented or opinions formed as a
result of an investigation. The bill does not prevent the Secretary or representatives of the
Secretary from testifying to information obtained independent of the proceedings and activities
or through subpoenas or that is public information.
The bill states the provisions providing for confidentiality of records pertaining to
proceedings or activities of the Secretary or representatives of the Secretary expire on July 1,
2028, unless the Legislature acts to renew such provisions. The Legislature is required to
review these provisions pursuant to exceptions to disclosure under KORA, prior to July 1, 2028.
Kansas Legislative Research Department 3 2023 Summary of Legislation Restrictions on the Authority of the Secretary and Local Health Officers
General Authority of the Secretary of Health and Environment
The bill amends the statute establishing the general powers and functions of the
Secretary to specifically state the Secretary is prohibited from carrying out such powers and
functions if those powers conflict with any other statute or expand their authority.
Statutory Provisions Related to Tuberculosis
The bill amends the statutes related to infectious and contagious diseases to make it
unlawful for any person to violate any provisions relating to tuberculosis or any associated rules
or regulations made by the Secretary. Any such violation is a class C nonperson misdemeanor.
The bill clarifies the statutes included in this provision.
Authority of the County, Joint Board of Health, or Local Health Officer
The bill removes the authority of the county, joint board of health, or local health officer to
prohibit public gatherings for the control of infectious or contagious disease.
Authority of Secretary and Local Health Officer Regarding Infectious or Contagious Diseases
The bill reinstates the Secretary’s authority to designate infectious or contagious
diseases by rules and regulations but requires proposed changes to be submitted to the
Speaker of the House of Representatives and the President of the Senate prior to adopting the
changes.
The bill authorizes the Secretary to recommend and educate the public in ways to
prevent the spread of diseases. The bill removes the authority of the Secretary to provide for the
testing for infectious or contagious diseases and the isolation and quarantine of persons
afflicted with such diseases and to issue medically necessary orders and rules and regulations
to prevent the spread of disease to the public.
The bill authorizes the Secretary to make recommendations, instead of developing and
adopting rules and regulations, for preventing the introduction and spread of infectious or
contagious diseases and for the protection of individuals who provide medical and nursing
services, clinical or forensic laboratory services, emergency medical services, firefighting, law
enforcement and correctional services, or other services or persons who receive the services
provided or are employed in other services where the individual or person may encounter
occupational exposure to blood or other infectious material.
The bill removes the authority of either the local health officer or Secretary to issue an
order:
●To an individual who may have been exposed to an infectious or contagious
disease to seek evaluation and treatment. It authorizes the local health officer to
Kansas Legislative Research Department 4 2023 Summary of Legislation recommend the individual seek appropriate and necessary evaluation and
treatment;
●To a person or group of people who may have been exposed to an infectious or
contagious disease to go into and remain in isolation or quarantine. It authorizes
the local health officer to recommend the person or group of people to go into
isolation or quarantine;
●To an individual who may have been exposed to an infectious or contagious
disease and has refused medical examination, treatment, or testing to go to
isolation or quarantine. It authorizes the local health officer to recommend the
individual go into isolation or quarantine. The bill removes refusal to be
vaccinated as a reason to recommend isolation or quarantine; and
●On behalf of a minor child or a ward, who may have been exposed to an
infectious or contagious disease and whose parent or guardian has refused
medical examination, treatment, or testing for such child or ward to go to isolation
or quarantine. It authorizes the local health officer to recommend the minor child
or ward go into isolation or quarantine. The bill removes refusal to be vaccinated
as a reason to recommend isolation or quarantine.
Enforcement by Law Enforcement Officers
The bill removes the requirement that any sheriff, deputy sheriff, or other law
enforcement officer assist in the execution or enforcement of any orders regarding compliance
with the orders of the local health officer or Secretary pertaining to infectious or contagious
diseases.
Employment Protections
The bill prohibits public or private employers from discharging an employee solely for
following an isolation or quarantine recommendation from a local health officer. If an employer is
found in violation of such prohibition in an action against the employer, the prevailing plaintiff
shall be awarded actual damages the person sustained, costs, and reasonable attorney fees.
Local Health Officer Authority
The bill amends the authority of a local health officer regarding investigations of cases of
infectious, contagious, or communicable diseases to require the use of medically necessary and
reasonable measures. The bill also removes the requirement that a local health officer perform
other duties that may be required by the Secretary. The bill also removes language pertaining to
orders issued by a local health officer regarding the remediation of any infectious disease.
Kansas Legislative Research Department 5 2023 Summary of Legislation Orders for School Closure
The bill amends the provisions regarding school closure to remove an order issued by
the Secretary as a basis for a “disaster.”
Prohibition of COVID-19 Requirement to Attend Child Care or School
The bill prohibits the Secretary from requiring a COVID-19 vaccine for any child cared for
in a child care facility, any student enrolling or enrolled in a school for the first time in Kansas,
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 designated by the Secretary, prior to admission
or attendance at school.
The bill defines the COVID-19 vaccine as an immunization, vaccination, or injection
against disease caused by a variant of the novel coronavirus identified as SARS-CoV-2 or
disease caused by a variant of the virus.
Kansas Legislative Research Department 6 2023 Summary of Legislation