Division of the Budget
Landon State Office Building Phone: (785) 296-2436
900 SW Jackson Street, Room 504 adam.c.proffitt@ks.gov
Topeka, KS 66612 http://budget.kansas.gov
Adam Proffitt, Director Laura Kelly, Governor
Division of the Budget
February 10, 2023
The Honorable Beverly Gossage, Chairperson
Senate Committee on Public Health and Welfare
300 SW 10th Avenue, Room 142-S
Topeka, Kansas 66612
Dear Senator Gossage:
SUBJECT: Fiscal Note for SB 173 by Senate Committee on Public Health and Welfare
In accordance with KSA 75-3715a, the following fiscal note concerning SB 173 is
respectfully submitted to your committee.
SB 173 would permit the purchase of ivermectin and hydroxychloroquine medications in
tablet form over the counter and without a prescription.
The Board of Pharmacy indicates that SB 173 could create a conflict between state and
federal Food and Drug Administration law. The Board would likely only see an impact in the
number of complaints and investigations associated with this matter. Complaints could be related
to problems purchasing the medication over the counter (i.e., manufacturer would not make them
available, pharmacy would not stock/sell, etc.), undesirable patient outcomes, medication side
effects, medication cost, or other issues. Generally, the Board does not dictate what medications
are considered prescription-only versus over-the-counter so while all these complaints would be
outside the jurisdiction of the Board, administrative and investigative staff and resources could
still be necessary for the agency to appropriately respond.
The Kansas Insurance Department, the Kansas State Board of Healing Arts, and the Health
Care Stabilization Fund indicate that SB 173 would not have a fiscal effect on agency operations.
Sincerely,
Adam Proffitt
Director of the Budget
cc: Alexandra Blasi, Board of Pharmacy
Bobbi Mariani, Insurance Department
Susan Gile, Board of Healing Arts
Clark Shultz, Health Care Stabilization